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HomeMy WebLinkAbout2013 10.01 City Council Regular Agenda �«'•� n‘fr.7 , rl, City of Apache Junction, Arizona Meeting location :•",9 i City Council Chambers q' C ` at City Hall Agenda 300E Superstition Blvd .,,r g Apache Junction,AZ i!'�.1_, 85119 City Council Meeting www ajcity net Ph (480)982-8002 Tuesday,October 1,2013 7.00 PM City Council Chambers Ink A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public heanng The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda 1 Acceptance of agenda Consideration and action 2. Approval of minutes of regular meeting of September 17, 2013 Consideration and action E. AWARDS, PRESENTATIONS AND PROCLAMATIONS r. Awards, presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time 3. Proclamation designating October 2013 as Domestic Violence Awareness Month Elizabeth Garman from the Community Alliance Against Family Abuse (CAAFA)will receive the proclamation and make a presentation Presentation and discussion 4 Proclamation designating the month of November as National American Indian Heritage Month Presentation. 5 Presentation of Arizona State University alumni award to Vice Mayor Robin Barker Mayor Insalaco will present the award to Vice Mayor Barker. Presentation. F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clanfying comments related to substance, time and location City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 City Council Meeting Agenda October 1,2013 G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city There shall however be no discussion at this time except for clarification inquines 6. City manager's report Presentation and discussion. H. PUBLIC HEARINGS Public heanngs required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak All remarks shall be addressed to the council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor This time limitation shall not apply to applicants and their agents appeanng before the council 7. Application for a special event liquor license for Superstition Mountain Rotary Club#1246 for Festival of the Superstitions to be held at 567 W Apache Trail Application has been submitted for the Festival of the Superstitions for November 9-10, 2013 The next step in the procedure is for the city council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control Consideration and action. 8. Application for a permanent extension of premises for La Casita of AJ located at 495 W Apache Trail The next step in the procedure is for the city council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control Consideration and action. 9 Proposed second amendment to development agreement between City of Apache Junction and owners of The Hitching Post and Dash In businesses Consideration and action. 10. Application for a permanent extension of premises for Hitching Post LLC located at 2341 North Apache Trail This is a second request in conjunction wtih a bull riding arena development agreement proposed for the location The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control Consideration and action City of Apache Junction,Arizona Page 2 Printed on 9/24/2013 i City Council Meeting Agenda October 1,2013 11 Proposed Ordinance No. 1394 (rezoning case PZ-5-13), a request by Hudd and Eileen Hassell, represented by Edmir Dzudza, to rezone a 0 37-acre property located at 2888 W 16th Avenue, from Trailer Homesites Zone (TH) to Conventional Single-Family Residence Zone by Planned Development(CR-3/PD). Consideration and action. 12 Proposed Resolution No 13-34, authorizing the submission of a Fiscal Year 2014 Brownfields Assessment Grant Application for funds to conduct a community wide Phase I and Phase II assessment for potential petroleum and hazardous materials contamination Consideration and action 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 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 13 Board and commission appointments and reappointments. Council interviewed valid applicants and reappointees for the Board of Adjustment, Library Board, Parks and Recreation Commission and Planning and Zoning Commission at the work session of September 30, 2013 Council may wish to take this opportunity to make appointments to these boards and commissions at this time Consideration and action. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters 14. Council direction to staff on the implementation of a charge for items returned to the city from the bank for non-payment Direction to staff. 15. Direction to staff on amendments to City Code Chapter 5 Municipal Court regarding a proposed requirement that future deputy city magistrates to be active members of the Arizona State Bar Council discussed code changes at the September 30, 2013 Work Session and may wish to take this opportunity to direct staff to prepare an ordinance amending City Code Chapter 5 Municipal Court Direction to staff. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 16. Executive Session at 5 45 P M and Work Session at 7 00 P M for Monday, October 14, 2013 City of Apache Junction,Arizona Page 3 Printed on 9/24/2013 City Council Meeting Agenda October 1,2013 17. Executive Session at 5 45 P M for Tuesday, October 15, 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 adjoum the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the junsdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion 1)respond to criticism by a speaker, 2)ask the city manager to review a matter, 3)ask the city manager to place the matter on a future agenda Each speaker must approach the podium, speak into the microphone,provide their name and address There is a three(3)minute time limit per speaker N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above maybe obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7 00a-6 OOp, excluding holidays If any person with a disability needs any type of accommodation,please notify Human Resources at (480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time City of Apache Junction,Arizona Page 4 Printed on 9/24/2013 CITY COUNCIL REGULAR MEETING SEPTEMBER 17, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on September 17, 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 Wilson led the Pledge of Allegiance ROLL CALL Councilmembers Present . Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Acting Public Safety Director/Deputy Police Chief Tom Kelly Others Present • Recreation Superintendent Liz Langenbach REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17 2013 PAGE 1 OF 8 ACCEPTANCE OF CONSENT AGENDA Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE FISCAL YEAR 2013-2014 LEGISLATIVE WORK PLAN BE APPROVED; AND THAT THE APPOINTMENT OF THOMAS KELLY TO THE POSITION OF PUBLIC SAFETY DIRECTOR - CHIEF OF POLICE BE RATIFIED. Councilmember Waldron SECONDED THE MOTION VOTE: Unanimous . The motion carried. Public Safety Director Tom Kelly gave a brief presentation on his background and thanked the council for their vote of confidence. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco presented the League of Arizona Cities and Towns Legislative Champion 2013 award to former Apache Junction mayor and current member of the Arizona House of Representatives Doug Coleman. Revenue Development Manager Roger Hacker introduced four organizations that donated checks for the purchase of body armor for new canine officer Daimont . Mayor Insalaco was presented checks from Veterans of Foreign Wars #9399 in the amount of $500, American Legion and the Sons of the American Legion #27 in the amount of $400, Elks Lodge #2349 in the amount of $300 and Superstition Search and Rescue in the amount of $250 . Ms. Danielle Reynolds, board member from the Friends of Apache Junction, gave a brief presentation on various projects they have worked on and requested Public Safety Director Tom Kelly to speak. Public Safety Director Tom Kelly stated this is important to them. They were talking with some people on how to get a bullet REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17 2013 PAGE 2 OF 8 proof vest for the dog, including the mayor and Marta Saint James. The service organizations were contacted by them and they came to their support He thanked all the agencies that contributed. Recreation Superintendent Liz Langenbach gave a brief presentation on awards recently received at the Arizona Parks and Recreation annual awards dinner and presented the �► Outstanding Community Event for Populations 25, 000-100, 000 at the annual Arizona Parks and Recreation Conference to Special Interest and Special Events Coordinator Chrystal Sawyer for the Holiday Event and Light Parade and presented the President' s Award from the Arizona Parks and Recreation Association to Recreation Coordinator Jay Reynolds . ANNOUNCEMENT OF CURRENT EVENTS Councilmember Rizzi announced the Apache Junction Drug Coalition and the Boys and Girls Club have partnered up with their respective Carefree Youth Event and Day of the Kids on September 21 at the Boys and Girls Club. Councilmember Wilson announced the Lost Dutchman Days Rodeo royalty will be putting on a benefit barrel racing event on October 26 for a six-year-old girl who needs a liver transplant and other medical treatment . Vice Mayor Barker reminded everyone of the grand opening of the DeGrazia exhibit at the Superstition Mountain Museum on Saturday, September 28 . Councilmember Serdy commented the DeGrazia exhibit will be free that weekend to local residents . There will be a small charge after that and it runs through April . Councilmember Evans commented Earth Heart Park and Community Gardens has received a grant to host four different farmers' markets . The dates are pending. CITY MANAGER' S REPORT City Manager George Hoffman thanked the council for ratifying the appointment of Tom Kelly as chief of police, read a letter REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17 2013 PAGE 3 OF 8 .. from the president of the board for the food bank thanking the library for the food collected there, read a letter from someone whose son went through the pool program and was impressed with an instructor named Quinton and read a note from Roger Hacker to Yanta Stepp and Joel Stern regarding a distraught resident with a safety issue. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Ms . Sharon Stinard addressed the council She commented she thinks they know Community Alliance Against Family Abuse as they have been in the community since 1996 . They have formed deep, abiding relationships with both the community and the city, especially the police department and the victims' assistance volunteers They look forward to their approval of the fundraiser liquor license . Mayor Insalaco opened the public hearing on the item There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE FOR OCTOBER 5, 2013 , SUBMITTED BY ELIZABETH DITLEVSON GARMAN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17 2013 PAGE 4 OF 8 The motion carried. OLD BUSINESS None. NEW BUSINESS .•. None . DIRECTION TO STAFF PROCEDURE FOR ANNUAL BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS City Clerk Kathleen Connelly briefed the council on the item. Councilmember Barker asked if this will be extended to all the leadership institute graduates. City Clerk Kathleen Connelly stated not unless they have applied. Councilmember Barker asked if there is still time for them to apply if they were to be notified that these are open. City Clerk Kathleen Connelly stated that would have to be done immediately. The deadline for the next packet is tomorrow. There have been notices in the newspaper. Assistant City Manager Bryant Powell stated staff has sent several emails out in the prior months to our Citizens Leadership Institute list . Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PROCEDURE FOR ANNUAL BOARD AND COMMISSION APPOINTMENTS AND REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17 2013 PAGE 5 OF 8 REAPPOINMENTS : THAT WE INTERVIEW ALL VALID APPLICANTS AND THOSE SEEKING REAPPOINTMENTS FOR THE BOARD OF ADJUSTMENT, PLANNING AND ZONING COMMISSION, PARKS AND RECREATION COMMISSION AND LIBRARY BOARD ON SEPTEMBER 30 WITH THE APPOINTMENTS/REAPPOINTMENTS FOR THOSE BOARDS/COMMISSIONS ON OCTOBER 1, AND THAT WE INTERVIEW FOR THE MUNICIPAL PROPERTY CORPORATION, CONSTRUCTION CODE BOARD OF APPEALS AND HEALTH AND HUMAN SERVICES COMMISSION ON OCTOBER 14 WITH THE APPOINTMENTS/REAPPOINTMENTS ON OCTOBER 15 . Councilmember Waldron SECONDED THE MOTION VOTE • Unanimous . The motion carried SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5 .45 P.M. AND A WORK SESSION AT 7 . 00 P.M BE HELD ON MONDAY, SEPTEMBER 30 , 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, OCTOBER 1, 2013 , IN THE CITY COUNCIL CHAMBERS . Councilmember Waldron SECONDED THE MOTION VOTE: Unanimous . The motion carried p Mayor Insalaco commented that the community is very tight with all the organizations and service people, city hall and city staff. The city would not survive without a lot of the extra help it gets . It is what is great about living in the City of Apache Junction. CALL TO THE PUBLIC: None REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17 2013 PAGE 6 OF 8 ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 :42 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. �► 2 . Approval of Minutes of Regular Meeting of September 3 , 2013 . 3 Approval of Fiscal Year 2013-2014 legislative work plan. 4 . As required by Chapter 3 of the city code of Apache Junction, the city manager is seeking ratification of Thomas Kelly for appointment to the position of Director - Chief of Police ACCEPTED THIS 1ST DAY OF OCTOBER, 2013 , BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 1ST DAY OF OCTOBER, 2013 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk 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 17th day of September, 2013 . I further certify that the meeting was duly called and held and that a quorum was present . REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17 2013 PAGE 7 OF 8 Dated this 19th day of September, 2013 . KATHLEEN CONNELLY r/ City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 17 2013 PAGE 8 OF 8 IP ROLL CALL VOTE l / tL/IV ► NOTES J /ft; kr) 1°11 / 13 ITEM # 1 MEETING OF ti r L MOTION BY: SECONDED BY Ohl YES NO ABSTAINED COUNCILMEMBER W ILSON COUNCILMEMBER SERDY V COUNCILMEMBER WALDRON COUNCILMEMBER RIZZI ✓ VICE MAYOR BARKER J COUNCLMEMBER EVANS V MAYOR INSALACO UNANIMOI. S IN FAVOR OPPOSED ABSTAINED TOTAL *�J/ ... 'a. .�. Id. CONSENT AGENDA ITEM NOS. 1-2 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. ,. 401P �'''��, City of Apache Junction, Arizona 300E Superstition fE Agenda Item Cover Sheet Apache Junction,AZ 85119 t �.• Agenda Item No.3. File ID: 13-265 Sponsor:Thomas Kelly Agenda Date. 10/1/2013 Index In Control City Council Meeting A.. Proclamation designating October 2013 as Domestic Violence Awareness Month Elizabeth Garman from the Community Alliance Against Family Abuse (CAAFA)will receive the proclamation and make a presentation Presentation and discussion. Attachments Proclamation Domestic Violence Month 2013 City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 a ' rottamatton DOMESTIC VIOLENCE AWARENESS MONTH OCTOBER 2013 Whereas, during their lifetime,an estimated 1 in 3 women will experience domestic violence,and Whereas, Arizona experienced 139 domestic violence related deaths in 2012, and Whereas, domestic violence in any community may exist as a hidden,silent,and often unrecognized reality that is often not reported to authorities, and Whereas, there is a need to challenge the assumptions made about domestic violence,become proactive in preventing domestic violence and hold offenders accountable;and Whereas, the City of Apache Junction,the Apache Junction Police Department, the Community Alliance Against Family Abuse(CAAFA)and other agencies,organizations and state coalitions across Arizona and the nation are committed to preventing domestic violence by promoting prevention awareness campaigns,educating the community and advocating for victim's rights. NOW,THEREFORE,I,John Insalaco,Mayor of the City of Apache Junction, Arizona,do hereby proclaim October 2013 as DOMESTIC VIOLENCE AWARENESS MONTH in Apache Junction and urge all citizens to work together to prevent domestic violence Signed and attested to this day of ,2013. JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk T` City of Apache Junction, Arizona 300 E Superstition L> v.("` Boulevard t; Agenda Item Cover Sheet Apache Junction,Az 85119 A ' 1/4 F Agenda Item No 4 File ID: 13-250 Sponsor: Kathy Connelly Agenda Date: 10/1/2013 Index.Communication Outreach In Control:City Council Meeting Proclamation designating the month of November as National American Indian Heritage Month Presentation Attachments:2013 national amencan Indian heritage month City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 lak oals aciametion NATIONAL AMERICAN INDIAN HERITAGE MONTH NOVEMBER 2013 WHEREAS, the history and culture of our great nation have been significantly influenced by American Indians and indigenous peoples;and WHEREAS, the contributions of American Indians have enhanced the freedom,prosperity,and greatness of America today,and WHEREAS, their customs and traditions are respected and celebrated as part of a rich legacy throughout the United States;and WHEREAS, Native American Awareness Week began in 1976 and recognition was expanded by Congress and approved by President George Bush in August 1990, designating the month of November as National American Indian Hentage Month;and WHEREAS, in honor of National American Indian Heritage Month, community celebrations as well as numerous cultural,artistic, educational and historical activities have been planned; NOW, THEREFORE, I, John S. Insalaco, Mayor of the City of Apache Junction,Arizona,do hereby proclaim November as NATIONAL AMERICAN INDIAN HERITAGE MONTH in the City of Apache Junction,and urge all our citizens to observe this month with appropriate programs,ceremonies and activities. Signed and attested to this /.3& day of,/it ,2013. eA-(2,( 4's JOHN S.INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk /Mk Amin 1 `--1/. ` r City of Apache Junction, Arizona 300E Superstition r Cover41rBoulevard . Agenda Item Sheet 1,t'i Apache Junction Z 85119 Agenda Item No.5 .“rtt' File ID: 13-286 Sponsor:John Insalaco Agenda Date. 10/1/2013 Index' In Control: City Council Meeting .•.. Presentation of Arizona State University alumni award to Vice Mayor Robin Barker Mayor Insalaco will present the award to Vice Mayor Barker Presentation. Attachments City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 " ..'►,, City of Apache Junction, Arizona 300E Superstition �,� Boulevard .� Apache Junction AZ 85119 _ Agenda Item Cover Sheet ‘, Agenda Item No 6 "_ili ' File ID: 13-210 Sponsor. Agenda Date: 10/1/2013 Index In Control.City Council Meeting Asa City manager's report Presentation and discussion Attachments. City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 PUBLIC HEARING /'N 1. For APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB#1246 FOR THE FESTIVAL OF THE SUPERSTITIONS TO BE HELD AT 567 W. APACHE TRAIL ON NOVEMBER 9-10,2013. 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. City of Apache Junction, Arizona 300E Superstition Boulevard t4 < rS y Apache Junction AZ 85119 .t ,,� Agenda Item Cover Sheet .� Agenda Item No 7. 'rf; �1{ File ID: 13-288 Sponsor Kathy Connelly Agenda Date. 10/1/2013 Index: Local/State/Federal Statutory Requirement In Control:City Council Meeting Al... Application for a special event liquor license for Superstition Mountain Rotary Club#1246 for Festival of the Superstitions to be held at 567 W Apache Trail Application has been submitted for the Festival of the Superstitions for November 9-10, 2013 The next step in the procedure is for the city council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control Consideration and action Attachments.2013 superstition mountain rotary festival of superstitions cc, 2013 superstition mountain rotary fest City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 SEPTEMBER 18, 2013 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR OCTOBER 1, 2013: APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR FESTIVAL OF THE SUPERSTITIONS An application for a special event liquor license has been submitted by Mr. Leonard LeResch of Superstition Mountain Rotary Club #1246 for November 9-10, 2013 for the Festival of the Superstitions to be held at 567 W. Apache Trail, Apache Junction. Correspondence has been received from the planning division and fire district, a copy of which is attached. The recommendation from the police department will be forwarded to the council upon its receipt. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix, Arizona 85007-2934 (602) 542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee =$25.00 per day for 1-10 day events only A service fee of$25.00 will be charged for aN dishonored checks (A.R.S.§44-6852) NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR PROCESSING. "Application must be approved by local government before submission to DLLC USE ONLY Department of Liquor Licenses and Control. (Section#20) LICENSE # 1. Name of Organization: superstition Mountain Rotary Club#1246 2. Non-Profit/I.R.S. Tax Exempt Number. 86-6038193 3. The organization is a: (check one box only) O Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) O Civic ❑ Religious ❑ Political Party, Ballot Measure, or Campaign Committee 4. What is the purpose of this event?❑on-site consumption ❑off-site consumption (auction) ❑ both Raise funds for youth organizations. (i.e Boys and Girls Club of Apache Junction) Festival of Superstiitions 5. Location of the event 567 W Apache Trail Apache Junction Pinal 85220 Address of physical location(Not P.O. Box) City County Zip Applicant must bee member of the aualifyina organizadon and authorized by an Officer.Director or Chairperson of the Omanizatlon named In Question#1. (Signature rsauirsd in section#1M 6. Applicant: LaFlesch Leonard Lee 5-25-1941 Last First Middle Date of Birth 7. Applicant's Mailing Address' 3069 S.Amble Pass cold Canyon AZ 85118 Street Crty State Zip 8 Phone Numbers: (440 ) 982 3141 (650 ) 400-n00 (650 ) +oarroo Site Owner# Applicants Business# Applicants Home# 9 Date(s) & Hours of Event: (see AR.S 4-244(15)and(17)for legal hours of service) Date Day of Week Hours from A.M/P M To A M./P M Day 1. November 9 Saturday 9AM 5PM Day 2. November 10 Sunday 10AM 3PM Day 3' Day 4: _ Day 5 Day 6. Day 7: Day 8. Day 9. Day 10. September 2011 *ambled individuals requiring speelsigrassimodations,please call(602)542-9027 10 Has the applicant been convicted of a felony in the past five years,or had a liquor license revoked? 0 YES 0 NO (attach exolanationif Yes) 11 This organization has been issued a special event license for 3 days this year, including this event (not to exceed 10 days per year) 12 Is the organization using the services of a promoter or other person to manage the event?0 YES El NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100%of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25%OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name Superstition Mountain Rotary Club#1246 60% Percentage Address P.O.Box 565,Apache Junction,A2:85117 Name Boys and Give Club 40 Percentage Address 1755 N. Idaho Road,Apache Junction,AZ (Attach additional sheet f necessary) 14 Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES," 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) #Police Fencing #Security personnel ❑./ Barriers Trained Apache Junction Rangers provide security at all gates and beer stands Potential underage drinkers are required to verify age with a picture ID Wristbands are used on perscns over 21. Beverages are not allowed to be brought in or be allowed to be removed from the garden area. Apache Junction police will be notified if required 16. Is there an existing liquor license at the location where the special event is being held? 0 YES 0 NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? 0 YES 0 NO (ATTACH COPY OF AGREEMENT) Name of Business - ) Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER.DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION#1 18. I. Leonard Lee LaFlesch dedare that 1 am an OffloadDirectorfCtiairperson appointing the (Print full -) is • . , listed in Q ::"P• 6, ':•.• on behalf of the foregoing organ¢abon fora Special Event Liquor License. X ,_ ���� �_ President 9/8/2013 (6so ) 400-7700 •.: •. (Title/Position) (Date) (Phone*) ., KJUIEN `;ate -17 ►otayrwMe-Anna& of C1? r\c - County of 1 i t4 (C4���- W ►U rps Cy The foregoing meet eras admowledged before me this Mr Coin,EN OMB So 30,20ts Day ear My Commission expires on .1 ! 1) _ U LO C7- j,(1./ .) (Date) (Signature of NOTARY LIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION#6 19. 1,Leonard Lee LaFlesch dedare that I am the APPLICANT filing this application as (Print full name) listed in Qu- n 6. I#ve read the application and the contents and all statements are true,correct and complete. IPr State of '? "- County of X - ..r♦ -� The . ;•." • instrument was acknowledged before me this [acl A G 14stary Poetic• ona Day Year C/0.1 f '•���r j •• (Signature of NOTARY PUNK) You must obtain local government approval. City or County MUST recommend event and complete item #20. The local governing body may require additional applications to be completed and submitted 60 days in advance of the event Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, hereby recommend this special event application (Government Official) Title) on behalf of (City,Town or County) (Signature of OFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section (Employee) (Date) tTitiel (Date) 1 SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram* (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE Show nearest cross streets, highway, or road if location doesn't have an address. N1' : _ _APACHE'TRAIL A.,.MI-t Y .era t } A h ll CASITA COMMERCIAL LUCKY }• 4C,-,1-` .1i !. ._ BUILDING BOB'S RAD TRUCK , WY its - t:.., 1. w '-1 STAGE • .. �, • ENGINE AND AJCHAMBER r TRACTOR E• N OF +•. - ,' S COMMERCE t ; 1-ENT�E SHOW 0 .i ART [ t ,! 1' N • ' '4,,Ti :'HOesuNW 0. j ENTRANCE aJ p _ ....i. 44._: 4, .44 t. CAR i II ,� I— BEER 1+'6 4 - J ■f r t a F SHOW GARDEN _ �E �( # z SAT, Y•s r s c Yr,x1.�:_ �. a �:1I:'■ �, ' % fi li.g. "�l-- A {jr �� • 'U I. WELLS u1t11s �r tr —IT . . �0.{ •n�� .; ° FARGO > f F�a c.� ^its " 1n r `,n, . a 0 cc f r• � . 'as Y BANK • t;.s- 'L 'mat�i --��iir om"__ __r • 6�ri1, tf:,1 ; 6 41Tq: ,,i t ti '.YfY. ,L,i2,.�: ry :,� .... '4i''�r - -Tr "teS4.r' 'nr 74tfi'"r.t'.-' :n--:4.r . -. ir ii2;1` hC1 i VENDOR t. DESERT PARKING ; a , SPRINGS CHURCH •r •u tap o,+.4ir adiez iftwaiolu *to Home of the Superstition Mountains • September 9, 2013 Leonard LaResch Superstition Mountain Rotary Club #1246 3069 S. Amble Pass Gold Canyon, AZ 85118 Dear Mr. LaResch: Re: Application for Special Event Liquor License Please be advised that your application for a Special Event Liquor License for the Festival of the Superstitions for November 9-10, 2013 has been scheduled for a public hearing The public hearing will be at the Apache Junction City Council regular meeting on October 1, 2013, at 7.00 p.m., at the City Council Chambers, 300 E Superstition Blvd„ Apache Junction, at which time a recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control. It is strongly recommended that you attend this meeting in the event that council has some questions on this application. If you have any questions concerning this matter, please contact my office at 982-8002, option 5 Sincerely, Kathleen Connelly City Clerk •Voice(480)982-8002 • FAX(480)982-7018•TDD(480)983-0095•www ajclty.net 300 E. Superstition Boulevard, Apache Junction,AZ 85119 SEPTEMBER 9, 2013 MEMORANDUM TO. DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK- SUBJECT APPLICATION FOR SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 Mr. Leonard LaResch has submitted an application for a special event liquor license for November 9-10, 2013, for the Festival of the Superstitions, located at 567 W. Apache Trail, Apache Junction, Arizona. Please conduct the necessary inspections and submit your recommendation by Tuesday, September 17, 2013, in order for this to be heard at the city council meeting of October 1, 2013 Janet Mason From: Rudy Esquivias Sent: Tuesday, September 17, 2013 3'36 PM To: Janet Mason; Jeff Robinson Cc: Brad Steinke Subject: RE Special Event Liquor License for Superstition Mountain Rotary for Festival of the Superstitions Jan: The Planning Division has no objections to this request. We trust that the event organizers will run the event as described, particularly with due regard to the security details and the controlling of the beer garden area However,we note there is now a church directly south of the activity area and urge the organizers to contact Mr Karl Feller at 602-326-0443 to discuss the event and any special considerations that may need to be planned for so that event traffic and parking, and church traffic and parking can both be accommodated on the event weekend &urcars Senior Planner/Zoning Administrator City of Apache Junction 300 E Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7:00am to 6 OOpm, closed Fridays and Holidays.) From: Janet Mason Sent:Thursday, September 12, 2013 5:09 PM To: Jeff Robinson; Rudy Esquivias Subject Special Event Liquor License for Superstition Mountain Rotary for Festival of the Superstitions Please have your department recommendation to me no later than Tuesday,September 17. This is on the October 1 agenda. Thanks. 1 Arun roil L o�i�ro nims Jc ., Ineneriunatassilliemo \kr 111111.111.111.1.111111. DATE: September 17,2013 TO: Janet Mason Chief Thomas Kelly THROUGH: Captain Troy Mullend FROM: Lieutenant Jeff Robinson SUBJECT: Application for special event liquor license for Superstition Mountain Rotary Club#1246 Ms. Mason, Because the Rotary Club is utilizing the Apache Junction Mounted Rangers as security,the beer garden will be fenced and patrolled by the Mounted Rangers,Identifications will be checked to insure no underage drinking is possible and wrist bands will be used to identify all alcohol drinkers the Apache Junction Police Department has no issue with approving the application for special event liquor license for the Superstition Mountain Rotary Club. AN Ift. Ink. 7 CFAI a y Apache Junction Fire District a`` �Z 565 North Idaho Road, Apache Junction, AZ 85119 �:� �'� Phone (480) 982-4440, Fax (480) 982-0183 l a. /4.DIS10` www.ajfire.org / MEMORANDUM TO: Jan Mason,Deputy City Clerk City of Apache Junction FROM• John Suniga,Deputy Fire Marshal DATE September 16,2013 SUBJECT Special Event Liquor License for Festival of the Superstitions. 567 W.Apache Trail,November 9-10,2013 The Apache Junction Fire District recommends approval of the above noted application. As always we will conduct a safety inspection as the event is set-up.Thank you for your notification on this matter. Thank you for your notification on this matter. '... A1TN Application AN. Ask ROLL CALL VOTE ik ( \ i 0 NOTES fdA l) Q � lF' - ri) U Li7\e 'l/ )t,IYA ,4\t_jt A .\\I EI,j' V 0 [0tl3 ITEM # MEETING OF (1 h MOTION BY SECONDED BY 1( YES NO ABSTAINED COUNCILMEMBER RIZZI ✓ COUNCILMEMBER WILSON V VICE MAYOR BARKER V COUNCILMEMBER SERDY ✓ COUNCILMEMBER EVANS V COUNCILMEMBER WALDRON V MAYOR INSALACO J UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL 4001 "Ink ITEM NO. 7 I MOVE THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROARY CLUB #1246 FOR NOVEMBER 9-10, 2013, SUBMITTED BY LEONARD LE SCH,BE RECOMMENDED FOR(APPROVAL) OR (DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Kathy Connelly From• Janet Mason Sent. Tuesday, October 01, 2013 3 51 PM To. Kathy Connelly Subject: RE permanent extension of premises request by Hitching Post Pizza and Pub - second request Kathy• Per Craig from investigations at state liquor, the answers to your questions are Question 1 No Question 2 The police department can do walk throughs State liquor will occasionally do a walk through unless they get a complaint of someone being off the extended premises with a drink, wherein they will go out. Question 3 Yes From: Kathy Connelly Sent: Tuesday, September 17, 2013 4.40 PM To: Janet Mason Subject: FW• permanent extension of premises request by Hitching Post Pizza and Pub - second request Please call the state and ask them (1) if there can be conditions attached to an extension of premises such as if the bull riding venue goes away so does this extension of premises, (2) what is the likelihood of enforcement to make sure patrons stay within the extension area, (3) should the council include reasons for denial if that is the route they wish to take? I need to give all of this information to the council and to Joel Get the name and number of the person you talk to in the event Joel wishes to call them Thanks kc From: Rudy Esquivias Sent: Tuesday, September 17, 2013 3.50 PM To: Janet Mason, Jeff Robinson Cc: Troy Mullender; Brad Steinke; Joel Stern, Kathy Connelly; Thomas Kelly Subject: RE: permanent extension of premises request by Hitching Post Pizza and Pub - second request Jan The subject property is zoned CB-2, which permits bars and restaurants outright We understand that this extension of premises request is to allow people to take their alcoholic beverages with them to observe the bull-riding activities, and thus extends to the publicly-accessible fenced-in area to the east of the existing buildings, as well as to the publicly- accessible fenced-in area proposed around the arena (but not into the arena itself, nor into the places where animals will be loaded, unloaded and handled). The Planning Division does not object to this request as long as the development agreement amendment (which is also scheduled to be heard on October 15t) is approved first, and as long as all of the improvements associated with the bull-riding venue are installed on the property in accordance with the architect- stamped site plan. 1 If for any reason, the proprietors of the Hitching Post should lose their off-site parking leases/privileges, which are very necessary for restaurant parking accommodation and for the successful operation of the bull-riding venue,then the extension of premises area should be reduced and limited to just the outside patio area immediately to the east of the Hitching Post portion of the building (in other words,the area to which it is limited today). This is just a suggestion, as I don't know if a grant of extension of premises can be conditioned in such a manor cdcy�{�gLLiV1c S Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7 00am to 6 00pm, closed Fridays and Holidays. ) From: Janet Mason Sent: Tuesday, August 20, 2013 11.51 AM To: Jeff Robinson; Rudy Esquivias Cc: Troy Mullender Subject: permanent extension of premises request by Hitching Post Pizza and Pub - second request Hitching Post Pizza and Pub is again requesting a permanent extension of premises for the liquor license in conjunction with another request for his bull riding arena project. Please have your department recommendation to me no later than Tuesday, September 17, in order for this to be on the October 1 meeting agenda Jeff Mehmood has requested that the police department contact him prior to the inspection so that he can be present to answer any questions Telephone number is 602-214-5635 2 ^ : e q Eef t ,. •� _ lu -.. 0 jM-"� E _ - 3NL =w w `f' +� �' APPROXIMATE LOCATION Q TP q Q�l APPROXIMATE LOCATION O • '- J NORTHERN RIGHTOF+WAV . .. 1.,- �18 NORTHERN RIGM-0E-WAY U0= WEST IM CORNER j.. - v +� `�, ' Qp 00 r w A3 .. . ...,_--- - -.. �' } w NI 1 , •, t w ? t � AP ,v .I„ r, nT F - ,' APACHE TRAIL n "APACHE TRAIL R R APACHETRAIL 2 R o ---——- ----- —: L *r L - -t _ldl.. �. :; • f m 4 EAST /� _..I F:gF6.[4�T S C NAIH... ? a I �l SovnERNRwrt.oFavAr ;,. oa. inE�secirorazN ¢ a \�' .f 3 .F +_ m APPROXIMATE LOCATION e I �'� ! �� '+` _ • q �T 4 MACHE TOOL(HIST(HISTORICAL / W C �x. Fa _ ' 1' �' W <! M. /.. - 'a �:• #1�. _. -.: - a",' APACHE ENTEDM CENTERLINE E O L] 6 d4.4/N %1.1 -,... e T r . fr-, c__ U ' GA "' �R WEBT IM CORNER I -I !< {- O W • NORTHERN RIGHT-OF-WAY "' �+ W " , O%IMATE LOOA ---' ._ ,APPROXIMATE LOCATION - '-) SECTION 20 'f(� �1' fis .Q 1 T ) -. -- 0"g FOUND MONUMENT I NORTHERN RIGHT# ;C INN F ' F 1i ACCEPTED CENTERLINE j 1 • I O_0 + .N O P iJ- C O APACHE TRAIL IHISTORICALI wtT A+_ /.r *i+_ -L.. • �+7� 1 i( -'11 A « ,, M 1 H APACHE TRAIL - - s R _ � APACHE TRAIL - re " - ` APACHE TRAILk_ } t W 1 0 1 o .. •Mi�R Tj" .+&�. o �'+ r a. {.' I. �_ ^xr F� i T O I IL 1 R •+ APPROXIMATE LOCATOR j W ,,,,, �„ „,^ "k" — W EASTANEST MIDSECTION R •` i N APPROSA/E LGCIA4A. _ aI 2 0 j J+�. 1- SOUTHERN RIGHT-0E-WAV U' - 0ZZ LINE SECTION 20 r scummed RIhNT�FfWAf+�R �. - E .. ¢ Q K "f � N O + I C 0 MONUMENTED CENTERLINE' 'V s I j 1 A7. M G 'L: 00 , w" - :. . - _..-_�' .„ ORATOR TRAIL ORATORICAL) • , P_ •�' . ♦Y• .R 1lm IP., Cam' _ rTA a'w !E -1 �. , m 0 - lik r,.u, �1' 1 at i APPROXIMATE LOCATION r1 rid ' •:'t ;:I •` ,1,,E/ W NORTHERN RIGHT-OF-WAY - h '+ N W ... Ey J ,•� w '+ ^- . , ,I'" R APPROXIMATE LOCATOR �+,'Y•••VVV Q/Jd6' 0 D: I I' ' / 2 - 4 J N NORTHERN RIGHTOF-WAYI��.`.., ! x '" "A t I t I t t -k 4 I _ y V`` ♦ ` ' yyT:l�"Ik^ Q 1 �l - .. -. -.at 1 _ .�-� - �� �EASTANESS LE0.SECTION APACHE TRAIL --- -_.F' 7 ! 4p" LINE,SECTION - is - lECITO SO n ^ n I _.._i --- i- v-'' A r,- 1 �"`. fi. I f \ - -_` " + T, l , SOUTHERN RIGHT OF t A`T `It F~ /yQf�, APPROXIMATE LOCATION A.r, 4N .E, r, r .., ,, -qAq �L I 'd L, i I i A �c2� w a9 EAST WEST MIDSECTION k �. _ - �1 - ^ •{ ., - _ -C S LINE SECTION 20 • ' ! M NOTE'.PURPORTED LOCAE • 3 f'+ \� 4 ° R 04 MONUMENTEDCENTERLINE , WTI k 1 PHELP$ONO PLAT INFORF RIGHT,F-WAYMATION I^� /•i ~� L `�T �Kf •L�, 1' F •E^+C�t APACHET.OLIHSTORICALI r +' • AVAILABLE ' I - �*1 t:B.'`- y ¢ Fe ', �, $� {���•lIAAy°�. Ste' p I: a .0 to • .. S !N PE... �; .I i!\ "°`� . I. M PRELIMIN \RY RIGHT-OF-WAY EXHIBIT - APACHE TRAIL MOTES. MAPPING: A,1 TRS NT RIGHT., M wA.WAS PREPARED AHaTTHE BENEFIT OF RaD �, ' `�il.1l E LOT MO FGRNATION HEREON WAS PLOTTED FROM EXISTING MGM-OF-W1v Nun ASBMLTS.A O PARcEL DEEDS • IMP IS NOT INTENDED TO REPRESENT AELRYEy ESH AT&T OF S ANY MO ARDIS INTENDED FOR ILLUSTRATION PURPOSES ONLY SCALE;1,100' AtioN PUBLIC HEARING 1. For APPLICATION FOR PERMANENT EXTENSION OF PREMISES FOR LA CASITA OF AJ LOCATED AT 495 W. APACHE TRAIL. 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. City of Apache Junction, Arizona 300E Superstition ti Boulevard � � Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 13-295 Sponsor. Kathy Connelly Agenda Date 10/1/2013 Index. Local/State/Federal Statutory Requirement In Control.City Council Meeting Application for a permanent extension of premises for La Casita of AJ located at 495 W Apache Trail The next step in the procedure is for the city council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control Consideration and action. Attachments.2013 la casita of aj cc, 2013 la casita extension application,2013 la casita extension applicant letter AN • City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 SEPTEMBER 18, 2013 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R. HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM JANET R. MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR OCTOBER 1, 2013. APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR LA CASITA OF AJ An application for an permanent extension of premises has been submitted by Mr. Gilbert Martinez for La Casita of AJ located at 495 W Apache Trail in Apache Junction. Correspondence has been received from police department and planning division, a copy of which is attached Correspondence from the fire district is pending and will be forwarded upon receipt. Please note the correspondence from the planning division Senior Planner Rudy Esquivias is recommending denial as it is currently proposed. The applicant has been advised of these issues Senior Planner Rudy Esquivias' email recommendation and aerial map were forwarded to the applicant on September 18. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 6th Floor Phoenix AZ 86007-2934 Date payment received www.azliquor.gov (602)542-5141 CSR Initials APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF LIQUOR ssi Permanent change of area of service A non-refundable$50 fee will apply Specific purpose for change: ❑Tern porary change for date(s)of / / through.. / / List spedfic purpose for change. 1 Licensee's Name• AP9---y*Ape I)) � - /1 e dc 2 Meiling Address 9 ( ,f y f} �C ' .�c� �V City - State Zip 3 Business Name: (C�,S 1 'f C 0 (� F j LICENSE#: ) 4. Business Address: (« /p Q CAA 7 a/(' A-10Qck c 14' )J 20 City COUNTY State Zip 5. Business Phone. (I-44 [� 7 I 16, 0/ Residence Phone'(411 7 7 2 /E l 5 6 Do you understand Arizona Liquor Laws and Regulations?,YES D NO Fax#: (../SD `6 ) f'.. (6 D I 7. Have you received approved Liquor Law Training?E1 NO YES If so,when does your Certificate expire? / / 8. What security precautions will be taken to prevent liquor violations in the extended area? 9 Does this extension bring your premises within 300 feet of a church or school? YES [] NO 10 IMPORTANT. ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTINGYOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD. 4 P -1 (o 50 l t-S iti t?eaS make k narIc Barrier Exemption:an exception to the requirement of barriers surrounding a patio/outdoor serving area may be requested Barrier exemptions are granted based on public safety, pedestrian traffic,and other factors unique to a licensed premises. List specific reasons for exemption Investigation Recommendation❑Approval ❑Disapproval by Date / / pp�kaH Desi�te ffoorPleeir�ro mmen�tlon 1sThis�r comlmendatlon ri t binding o the D par�tinen saf C o.Council or This change in premises is RECOMMENDED by the local Board of Supervisors,City Council or Designate' (Authorized Signature) (Title) (Agency) eN le,h4 y 7-rite ,being first duly swom upon oath,hereby depose, swear and declare, (Prird full name) under penalty of perjury,that I am the APPLICANTS making the forego application. I have read this a..• ' : ion the contents and all statements true, correct a piete State of J' 1 r i l em A County of 4. SUBSC IN MY PR ENCE AN SWORN TO me this date (Signature of Owner or Agent — — — — — — 4_ ?Dr?? 1 :�►� Adam Zvi -ww 2 _ Notary Public-Art:ona Year My commission expires on: l?f lL (. my P,,ne July 31,2017 ( ^} . - 'l i -UBLIC) Investigation Recommendation 0 Approval ❑ Disapproval by' Date. / / Director Signature required for Disapprovals Date'`/ / 12I2612 Disabled individuals requmng special accommodation,please call the Department(602)542-9027 a a 44' 4 may° 6.p��•� 4Soy '54*'- 1% h, cr-oY-- I 1)4t4?% C+r i` � oi- m 6'12 t>\ %) I /.. , >`1L s i L___ ___ . A r� 14) N ,i- ra APPROXl1ATE COLA ; ... �tl r 3 G q - TION .`Y" •` x y r. Q j APPROXIMATE LOCATION iQFNl p f 401 I I^I IS ' I NORTHERN RIOMF.PmAT . P. , T : al E NORTHERNF=AF-WFY p w i$ y•it - . .. A 00 ., O SECTTDN if _..IQ.,. 1 I ._-- 11 _ S 11 a 1. t c APACHE TRAIL c. n_ ,' Yw APACHE TRAIL T 'a R R APACHE TRAIL. A >Z LII'l _ • _ oI a [ c 0 APPROXIMATE LOCATION -Ml.. m -EA3TYIELNEH 9EY01bNf0 V. SAPPRO OUTHERN RI LOCATION j I ST I/ ♦ SOUTHERN RIGHT-0HM1Y Y � R t .•. APACIF RAL IHfCE TO ALI W 8 SOUTHERN RIGHT OF WAY . K �r i V O VE*� �.�.... _..r.4 . • iil- -ra .e-, kd. SI°rf� Et Iro; r p° a � „' H.. », .. yr�r it; _ d , ,.. .. ,_� P� .. +C]- >I. ♦ O NORTHXIIMAT HTOP-WNY __ �l:(1; y Esi-., __ , u, T APPROXMATELOCATNN Jr. : ACCEPTEDCE,,,,,, NE ♦ire -- 1 w W ` N "'i r A AI Cy* iP' 'SAE "" _WEST 1 CORNER P +' H »... -_ ..,yam� � � Q � oN M ._ �•� rO1UAATE LOCATION .-,.• a r mre"- pp,.9$JI'�•�II^ ///�'NORr11E1tl11ElOM-0E-WAr w i I� �. 1 A/ 1 R•4 UI /' - I n. +• cc F CO M U ENT 1 1 1 J// O _- - 1_ _. ,"4__—M---- ___ T..3—ei -� co O r + O APACHE TRAIL(HISTORICAL)•'1_ !1 J_... / Y A.'_L___ I. Par s. , - a APACHE TRAIL ;, t APACHE TRAIL - " - APACHE AIL' A ry - ,:� ccc I ._.L'tiIR • L SIP i m e Jame-r 1 o O r r "•`' ,'cc' W EAST WEST MIDSECTION) '�' •Y APPROXIMATE ANATE LOC . - 2 r�` 0 j SOUTHERN RIGHT OF WAY (OC N`'— 1 ZZZO LINE SECTION M • it SODTIERN pNiNf Q el. y p .:• C MONUMENT.CENTERLINE'S -. - ;�-.( -..1' ... , _ �A IL 0 APACHE TRAIL(HISTORICAL)- I I!' - 7. i•' 'R_'n 11 ....''.!w ]R -! (.'''' ♦ r * o.'!k - a`:'1►-..r,a a`l" to.1+, e I . 11. . w ; » Al 2 tr 1"` 6�i. f '4 s*- 4 \\ , {' 1 Z ». - Z -_PPPROMMATE LOCATION. ,I I �� I. ZY �y, 4 ^ , =a W NORTHERN RIGHTOF,„z ^3\ z. Ir - y 1,�`} tip ,� ,' . j.':�yQ1 E -s- A- / ��JJ ft APPROXIMATE LOCATION - K e ,,,i II �y �i 4 .Y- 4, NORTHERN RIGHT OF WAY \ 'r it _. �" EAST WEST I t. - M7'}n*CORNER �n - _ LINE.SECTION 30 \ Q, APACHE TRAIL - $ f A° v* \` M \._ ,' r-' . , -1'4.I k E_17 #k * -------____ t -; I'V".- ,, - , ,,. A,o $ ▪ p' E EASTYIESTMESECTION nA L -_ ► - r 'F O LINE SECTION 20 �, rH' ' NOTE:URPORTED LOCATION - ,., \-_. ! " C a 0 RIGHTOF-WAY NEAR • f j'Q� `� a' I LL MONUMENTED CENTERLINE ", 'itIeL s , PHELPS NO PLAT INFORMATION r • *� S« _ APACHE TRAIL HISTORICAL) `>�' ^` w I k` AVAUIRLE. !S' „#,� .. �i o iF C • ,.. . n ,9:, '� 0 A H', r' a AN n \.n - - - - , ,. — - . k. ..r...:\tt 1 A .4k,, ,IJt'is e* r n ♦1t f♦ t A wy � _. _ ...I. « - } M� ▪ err PRELIMINARY RIGHT—OF—WAY EXHIBIT e APACHE TRAIL NOTE: YAPPING Q , tt, E •THIS MAP IS NOT INTENDED TO REPRESENT A SURVEY DOCUMENT F S 7',:.o77.:=7".uru...0..,w•••.SN, ANY M D AND IS INTENDED FOR ILLUSTRATION PURPOSES ONLY SCALER•100 ►. VIA lit ilChez o#TIMG&TV Home of the Superstition Mountains August 28, 2013 Gilbert Martinez La Casita of AJ 480 W Southern Apache Junction, AZ 85120 Dear Mr. Martinez. Re. Application for Permanent Extension of Premises/Patio Permit for Liquor License Please be advised that your application for an extension of premises/patio permit for a permanent change of area of service for the liquor license for La Casita of AJ has been scheduled for a public hearing The public hearing will be at the Apache Junction City Council regular meeting on October 1, 2013, at 7 00 p.m., at the City Council Chambers, 300 E. Superstition Blvd , Apache Junction, at which time a recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control. It is strongly recommended that you attend this meeting in the event that council has some questions on this application. If you have any questions concerning this matter, please contact my office at 982-8002. Sincerely, Kathleen Connelly City Clerk •Voice(480)982-8002 •FAX(480)982-7018•TDD(480)983-0095 •www.ajcity.net 300 E. Superstition Boulevard, Apache Junction,AZ 85119 AUGUST 28, 2013 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR EXTENSION OF PREMISES FOR LA CASITA OF AJ Mr. Gilbert Martinez has suimitted an application for a permanent extension of premises for La Casita of AJ located at 495 W Apache Trail, Apache Junction, Arizona. Please conduct the necessary inspections and submit your recommendation by Tuesday, September 17, 2013, in order for this to be heard at the city council meeting of October 1, 2013 _ Janet Mason From: Rudy Esquivias Sent: Thursday, September 12, 2013 4 21 PM To: Janet Mason Cc: Brad Steinke; Kathy Connelly; Bryant Powell; Jeff Robinson Subject: RE. Permanent extension of premises for La Casita of AJ Jan: The Planning Division recommends denial of this extension of premises request as currently proposed Although the applicant submitted a very poor site plan with no discernible ;.idication of property boundaries, it appears that he wants to put his smoking patio on the west side of the existing building. The best available aerial and assessor's information we have indicates that the existing building is sited right at or slightly over the west property line In effect, unless the applicant has a survey or architectural drawing that shows otherwise, it appears that the proposed smoking patio will actually be located on the west neighbor's property. The extension of premises area must be within the property boundaries of the business to which it pertains That said,we believe the applicant still has the opportunity to provide his customers with a smoking patio. It will probably need to be located somewhere on the east side of his building, and he will probably need to reconfigure and re-stripe his parking lot (including the disabled accessible spaces)to accommodate the smoking patio Another option of course, is for the property owner to purchase additional land from the neighbor to the west and then use that land for his extension of premises Planning Staff would be happy to work with Mr Martinez and his site planner to find a workable solution for his extension of premises proposal cR 4 cfnumas Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd Apache Junction, AZ 85119 480-474-2645 resq.aivias@a3clty.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours. Monday through Thursday from 7 00am to 6:00pm, closed Fridays and Holidays.) From: Janet Mason Sent: Wednesday, September 04, 2013 3:01 PM To: Jeff Robinson; Rudy Esquivias Subject: Permanent extension of premises for La Casita of Al Please have your department recommendations to me no later than Tuesday, September 17 Thanks 1 Page 1 of 1 (J, {ram--- /�1,� �/� Web Mapping Application /J LA C AS 'I ,-1. EKt is\L. 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J Aerial linage Sant 0 C8 2 Pnvl:r1110 11 4 0 0 2M FTrnr MUTCIRRSQAVIDTi_ra M• Oil M +° ` ) EI .. igt II 1 _. �1701fi002i kq•C�' k _ r .1 I .g... , :. PaeM'ttto114006A -' �}ti 5 ! 5 r�o �` SV�V E17 F' l��-, YE l..C�3Y 1-14.a ;Zao6 c+L.Y fzEfR ESEN't" nz L.tN S . http//ajgis2/Brad/default aspx 9/12/2013 1 "4,'A �1•'Si3J„, Atacze Ammon Pomo Damien bnenneruInce nal lltento 4 <✓ DATE: September 6, 2013 TO: Janet Mason Captain Troy Mullend • THROUGH: Chief Thomas Kell 0414 FROM: Lieutenant Jeff Ro'' son SUBJECT: Application for extensio of premises for La Casita of AJ On Friday September 6, 2013 I met with business owner Gilbert Martinez and conducted an inspection of the La Casita Restaurant,495 West Apache Trail,Apache Junction Arizona. Mr. Martinez walked me to the west side of the restaurant which is the area to be used as the outdoor patio. Mr Martinez told me he was going to affix a six foot wooden fence to the west side of the restaurant which will extend outward for approximately 12 feet and will run the length of the • restaurant from the west side exit door to the north end of the building with an exit gate to be used in case of an emergency. He further advised that he was going to install 4-5 outdoor tables with canopies for shade as he will not have an outdoor awning and the floor will consist of small gravel and stone pavers. Mr. Martinez then took me into the interior of the restaurant where I observed the locked liquor cabinet located just inside the west exit door adjacent to the bar. La Casita of AJ is an established restaurant that is licensed to dispense alcohol on premises. There is a large paved parking lot on the east side of the restaurant of adequate size for the establishment. Customers will enter the restaurant prior to occupying the bar or outdoor patio The Apache Junction Police Department has no reason to disapprove the request for the extension of premises. Cc: Chief of Police File ct NE JU / + ��`teptsMi one°fey 9144116*. Q<e� �NP�/� Apache ache Junction Fire District Y �mt►cit:riati)co1 „ ! 565 North Idaho Road, Apache Junction, AZ 85219 '�Eaisj�``% Phone 480 982-444Q Fax 480 982-01831 r'trrnRtlap� MEMORANDUM TO Jan Mason,Deputy City Clerk City of Apache Junction FROM. John Suniga,Deputy Fire Marshal DATE September 19,2013 SUBJECT. Application for Extension of Premises—495 W.Apache Trail The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 495 W Apache Trail, (La Casita) We have recently completed an annual fire and life safety inspection with no major violations found We therefore would recommend approval of this application. r Thank you for your notification on this matter If you have any further questions regarding this inspection, please feel free to contact my office at 982-4440 Thank You. JOS ATTN Application /►k ROLL CALL VOTE — ji) i)iiii NOTES: 1 J.);\ j's,/e ji,, ,,, '11\ oiii()) ITEM # 0 MEETING OF 4°1 '`� 'gin MOTION BY: SECONDED BY �r`� ` YES NO ABSTAINED VICE MAYOR BARKER / COUNCILMEMBER WALDRON y/ COUNCILMEMBER WILSON V COUNCILMEMBER EVANS I COUNCILMEMBER RIZZI 1/1 COUNCILMEMBER SERDY MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 8 For approval: I MOVE THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR LA CASITA OF AJ, SUBMITTED BY GILBERT MARTINEZ,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL For denial: (original proposal) I MOVE THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR LA CASITA OF AJ, SUBMITTED BY GILBERT MARTINEZ, BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR THE FOLLOWING REASON THE PROPOSED EXTENSION OF PREMISES FOR A SMOKING PATIO WILL BE LOCATED ON THE WEST NEIGHBOR'S PROPERTY AND THE EXTENSION OF PREMISES MUST BE WITHIN THE PROPERTY BOUNDARIES OF THE BUSINESS TO WHICH IT PERTAINS. --- For denial: (revised proposal) I MOVE THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR LA CASITA OF AJ, SUBMITTED BY GILBERT MARTINEZ, BE RECOMMENDED FOR DENAIL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR THE FOLLOWING REASONS. THE PROPOSED EXTENSION OF PREMISES FOR A SMOKING PATIO WILL BE LCOATED IN AND/OR DIRECTLY ADJACENT TO CITY RIGHT-OF-WAY ON APACHE TRAIL /'N /'N PUBLIC HEARING 1. For PROPOSED SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE OWNERS OF HITCHING POST AND DASH IN BUSINESSES. 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. City of Apache Junction, Arizona 300E Superstition =:1"" Boulevard _ I _ 1 A ache Junction,AZ 85119 t •, Agenda Item Cover Sheet p l:s} V�1�; Agenda Item No 9 1` File ID: 13-300 Sponsor Rudy Esquivias Agenda Date 10/1/2013 Index. Outside Scope of Council Priorities In Control. City Council Meeting Proposed second amendment to development agreement between City of Apache Junction and owners of The Hitching Post and Dash In businesses Consideration and action. The property owners are proposing to amend the site plan approved under the original development agreement for the purpose of reconfiguring the property to allow for an outdoor bull-riding entertainment venue and off-site parking Attachments. City Council Cover Memo on Bull-Riding item, Bull-Riding memo attachments, Updated letter from E City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 t �AQpCHea o illIlli' c� o z City of Apache Junction aR °`'P Development Services Department September 8, 2013 -- Memo to Honorable Mayor and City Council Members Through: George Hoffman, City Manager Brad Steinke, Development Services Director From: Rudy Esquivias, Senior Planner/Zoning Administrator Subject: Public Hearing Item, October 1, 2013 Proposed Second Amendment to Development Agreement Between City and Dash In/Hitching Post (Bull-riding Venue) Background. The owners of the Dash In/Hitching Post businesses, at the southeast corner of E. Lost Dutchman Boulevard and N Apache Trail (S R 88) , have requested approval of an extension of premises of their liquor license to accommodate an outdoor bull riding arena on their property Since the property is currently subject to a development agreement and specific site plan, the requested bull riding arena requires a development agreement amendment. The attached materials, including a letter from the applicants' Counsel, are submitted in support of the proposed development agreement amendment, which the City Attorney will overview for the Councilmembers. This amendment provides, among other things, that the bull riding activity area be located and designed in accordance with the updated site plan, and that the necessary overflow parking to accommodate the expanded use be allowed off-site on neighboring properties (see letters) The draft amendment further requires n that the expanded outdoor activity cease if the off-site parking areas are discontinued by their respective owners City Council Work Session: At their work session on September 16, Councilmembers asked many questions about the proposed bull-riding venue Most of the questions were answered at the meeting. Mr Pew was in attendance at the work session and he indicated that he will prepare answers to Councilmembers' questions and present those at the public hearing on October 1 Staff has obtained answers to some questions as of the writing of this memo, including 1) the hours of operation of the Dash In convenience store are typically 8am to 7pm according to Mr. Mohiuddin; 2) the image of the subject property on the latest Assessor's parcel map on the Pinal County website appears to be a drawing error, the legal description and overall configuration of the property has not changed or been altered by additional right-of-way dedications, adjacent to the site, N Apache Trail is still a 100'-wide ADOT right-of-way, and Lost Dutchman is still a 33'wide federal patented easement, 3) the Public Works Director will clarify the city's ultimate right-of-way plans for E. Lost Dutchman (to be presented at Council hearing) , 4) for Council's consideration, Mr. Pew will propose a solution to the question of what happens to the extension of premises area if the bull- riding activity is discontinued for any reason; 5) according to notes on the site plan, the proposed 8-foot-tall chain link fence on the north and westerly sides of the arena area will be screened, Mr. Mohiuddin indicated that it will be a mesh type of material that is manufactured for that purpose; 6) regarding the architect-stamped site plan, staff indicated that the base map for the drawing was a survey map drawn back in the early 90's; Mr. Mohiuddin delivered to Development Services a more recent survey done in 2007, so the placement of new fences, planters and structures for the venue will reference fairly fresh survey markers on the property, 7) for comparative purposes, the Parks and Recreation Department responded that the arena fence heights at the city's rodeo grounds are 6 feet (see attached e-mail) Lastly, staff has asked the applicants to have their venue consultant provide information on the bull-riding circuit and whether or not they have experienced problems elsewhere. As it relates to zoning and development agreement related matters, Staff presents this item for Council's consideration and decision The Police Department and the Fire Department may have their own input as well for Council's consideration Attached: - Letter from Attorney Ralph Pew - Proposed Site Plan (architect-stamped) - Off-site Parking Agreement with south neighbor - Off-site Parking Agreement with north neighbor - Letter from ADOT - Letter from ADEQ - Letters from bull-riding representatives - Informal Traffic Count - Updated letter from Elks - Response from Parks and Rec re. rodeo arena fence Pew & Lake, I, -- Real estate end tend Use Attorneys W Ralph Pew Certitee Real Estate Serra Sean B Lake August 7, 2013 Reese L.Anderson HAND DELIVERED Mr Matt Busby Assistant to City Manager City of Apache Junction c/o Rudy Esquivias 300 East Superstition Blvd Apache Junction, AZ 85219 Re Request and Application to the City Council for Approval of the Second Amendment to Economic Development Agreement Between City of Apache Junction and Mehmood Mohiuddin ("Development Agreement") Dear Mr Busby This law firm represents Mr Mehmood Mohiuddin ("Owner") in conjunction with his application to the City of Apache Junction ("City") for the approval of the Second Amendment to the Development Agreement concerning the Dash In Mini Mart and Hitching Post Restaurant/Bar In conjunction with this application to amend the Development Agreement, the Owner is also applying for and will process a request for an extension of premises approval through the State Liquor Board and the City Clerk's '1".• office Please accept this letter as the owner's project description and request for approval by the City Council of the Second Amendment to Development Agreement Included with this letter is the $2,500 application fee payable to the City to process this Amendment request. The Owner operates the Dash In Mini Mart and Hitching Post Restaurant/Bar located at the southeast corner of N Apache Trail (S R 88) and East Lost Dutchman Boulevard The Owner has ceased its operation of the dispensing of gasoline at this site, has properly closed the tanks associated with that business enterprise according to ADEQ s regulations and is now abiding the five (5) year time period after which ADEQ will then make its final site evaluation and issue its final closing letter In the meantime, the site can be used for the proposed bull riding arena 174 4 Sovth I t • Mr Matt Busby Assistant to City Manager City of Apache Junction August 7, 2013 Page 2 of 4 The request by the Owner is to amend the Development Agreement by adding a new arena approximately 70' x 76' in size located on the immediate southeast corner of N Apache Trail and East Lost Dutchman Blvd. This bull riding arena will not be used as a separate standalone event venue; rather, the intent of this arena is to provide an onsite entertainment adjunct use to the existing convenience store and Restaurant/Bar. The attached fully dimensioned and accurate site plan indicates how the bull riding arena will function The important aspect of this use is that the arena is fully contained and that, in order to watch the bull riding, an individual must enter through the restaurant/bar and access the bull riding arena through the walkway areas designed on the southeast side of the property The attached site plan clearly indicates how the corrals and shoots for the bulls and entrance into the arena will occur and further demonstrates the fact that issues relating to safety of spectators have been addressed. Access for delivery of the bulls to the site is shown in such a manner that the truck and trailer can easily and safely be maneuvered into the staging area for this purpose at the extreme northeast corner of the site The perimeter of the bull riding arena area will be enclosed by an 8' screened fence and the confines of a 70' x 76 arena will be further enclosed by an additional 6' chain link fence. The bull riding will occur on two (2) nights a week. Thursday and Saturday nights from 8 p m to 10 p.m. will be the times in which bull riding will occur onsite and spectators for the bull riding arena will have access to the arena only through the Inak Restaurant/Bar and this use should be considered as an adjunct or ancillary entertainment use for the existing Restaurant/Bar onsite Specific improvements to the site that will accommodate this use are as follows: A. Additional parking has been provided on the south of the site in addition to parking that can also occur on the north of the site across East Lost Dutchman Blvd. at the Elks Lodge. Included with this application is a Traffic Vehicle Count indicating that the traffic volume on East Lost Dutchman Blvd. from 6 p.m. in the evening until 10 p.m. is extremely low and that, to the extent patrons/customers park on the north side of East Lost Dutchman, access to the site can be safely handled In addition, lighting has been added along East Lost Dutchman Blvd at the northeast corner of the site thereby improving safety for pedestrians crossing East Lost Dutchman Blvd Mr. Matt Busby Assistant to City Manager City of Apache Junction August 7, 2013 Page 3 of 4 B. We also point out that lighting has been an important issue for safety and consideration of adjoining property owners In that regard, new lighting will be installed near the intersection of North Apache Trail and East Lost Dutchman in such a way that the lighting will project in a southerly and easterly direction so as to avoid any conflict or possible disturbance to property owners to the west and north and traffic along N. Apache Trail. In conjunction with this request, the owner has also submitted with this letter/application the following information: 1. Letter dated February 13, 2013 from Merrisa Marin, the right-of-way project coordinator for the Arizona Department of Transportation indicating that the proposed bull riding arena and use at this location will not have an adverse impact on ADOT's highways in the area (Exhibit A). 2 Letter dated January 24, 2013 from Gregory GIle as trustee for the Apache Junction Elks Lodge 2349 authorizing the Hitching Post Pizza and Pub and Dash In convenience store to utilize its lower parking lot for overflow parking (Exhibit B). The reason this letter is not framed as a more formal lease is because the monetary consideration exchanged for utilizing the overflow parking is the payment of property taxes and because the Elks Lodge, as a non-profit entity, cannot enter into agreements for monetary gain. In addition, we have enclosed the Lease Agreement between Zion International and the owner concerning the parking availability on the south side of the project (Exhibit C). In our opinion, the supplemental parking arrangements provide significantly more parking than is required or necessary because occupancy within the Hitching Post Restaurant/Bar is already limited by Fire and Building Code Regulations 3. Letter from the Arizona Department of Environmental Quality dated December 21, 2011 addressed to Mr. Baxter of Mobile Petroleum and Plumbing indicating that the closure of the gas tanks on the site meet the qualifications and certification requirements set forth in the Arizona Administrative Code concerning the closure of such gasoline tanks (Exhibit D). 4 A Traffic Vehicle Count taken on Saturday, March 2, 2013 demonstrating the minimal traffic count that exists in the evenings along East Lost Dutchman (Exhibit E). Mr Mali Busby Assistant to City Manager City of Apache Junction August 7, 2013 Page 4 of 4 5. Letter from John Hetzel, the owner of Spear J Cattle Company, addressed to the Apache Junction City Council explaining how the bull riding arena will function along with the safety provided for spectators (Exhibit F) In this regard, we have also enclosed a letter from Buster Webb of W/A Rodeos dated February 25, 2013 concerning his interpretation and opinion of the location, functionality and safety of the proposed bull riding arena (Exhibit G) On behalf of the Owner, we have reviewed the draft of the Second Amendment to the Development Agreement as prepared by the City Attorney, Joel Stem. The Owner agrees with the terms and conditions contained in the draft of the Second Amendment including the requirement to cease operating the bull riding arena if the supplemental parking availability is terminated. On behalf of the Owner, we respectfully request that the Apache Junction City Council approve the Second Amendment to the Development Agreement and allow the bull riding arena as an adjunct use to the existing convenience store and the Hitching Post Restaurant/Bar Please let us know when this item can be calendared for consideration by the Apache Junction City Council and we will attend and represent the Owner to explain to the City Council members the functionality and purpose of the bull riding arena along •-� with the safety provisions that have been incorporated into this new plan and to address any questions they or the City staff may have Sincerely, rot 41 W Ralph Pew WRP/kfs Enclosures cc Mehmood Mohiuddin Joel Stern, City Attorney EXHIBIT A ADO intermodal Transportation Janice IL Brewer,Governor John S.HBlikowski,Director Jennifer Toth,State Engineer Robert Samour,Senior Deputy State Engineer,Operations Dallas Hermit,Senior Deputy State Engineer,Development 205 S 17th Ave, MD 612E Phoenix,AZ 85007 February 13, 2013 Mehmood Mohiuddin Property Owner Hitching Post Restaurant 2341 N Apache Trail Apache Junction, AZ 85119 Subject APN 100-25-043A/General Store&Restaurant Dear Mr Mohiuddin Thank you for your notification regarding the referenced subject above After reviewing this information, we have determined that at this time the proposed plan will not have an impact to our highway facilities in this area ADOT 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 Highway System Should you have any questions, you may contact me at 602 712 6341 or in writing at 205 S 17`h Avenue, Right of Way Project Management Section MD 612E, Phoenix,AZ 85007 Thank you in advance for your cooperation Sincerely, Merrisa Marin Right of Way Project Coordinator mnlarin@azdut guy Enclosures (1) Response letter sent via USPS and via email at fmtovelady@msn corn& dashin@mchsr.com ARIZONA DEPARTMENT OF TRANSPORTATION 206 S ?71l-r Ave I Phoenix, rti 85007 I azdoi gay p - EXHIBIT B APACHE JUNCTION ELKS LODGE 2349 :f ;j; 2455 North Apache Trail Apache Junction AZ 85119 °( t; Phone. 480-982-2349 `, , 0 Email. elks2349@gwestoffice.net p Janaury 24,2013 To. Whom It May Concern The Apache Junction Elks Lodge 2349 has agrccd to lease to the Hitchin' Post Pizza Pub and Dash-In our lower parking lot for overflow parking If you have any questions or concerns, please call me directly My number is (480)748-6472 Sincerely, APACHE JUNCTION ELKS IaGE 2349 1—_ . am By• Gregory,Gille, Trustee LEASE AGREEMENT 1. Principals Lessor: Zion International Dba Park N Save Storage 2304 N Cortez Apache Junction, AZ 85119 Lessee : Hitching Post Pizza Pub Dash-In Gas and Mini-Mart Apache Junction, AZ 85119 2. Purpose :To provide overflow parking for the lessee indicated above. 3. Location :The vacant Ilot directly West of the Park N Save storage lot. East adjacent to Highway# 88 and directly South adjacent to the Hitching Post Pub and Dash-In Mini Mart property. Legal Description APN 100 25 003. 4. Lease Fee • The lessee will pay$ 375.00 per month beginning 06/01/2013 to the lessor indicated above each month payable not later than the 5th day of each month This price will remain in effect until either entity mentioned above changes it's venue to the detriment of the other. If this occurs this agreement will be null and void 5. Responsibilities : With this agreement the Lessees will assume responsibility for: a. vehicle and equipment damage caused by or between parking lot users occurring within the leased boundaries. b. personal or livestock injuries inflicted by or between parking lot users occurring within the leased boundaries. C. dust control and other city code compliance issues attributed to parking lot users occurring within the leased boundaries. 6.This agreement will be reviewed annually during the anniversary month to ensure that all stipulations are being met. s Next page .r .••. 7. With the representative signatures affixed below all principals acknowledge that they have read, understand and wi I by the stipulations of this document. Signatures : Lessee / / dateig4i Lessor<_. � date Co / 2 O 3 CC Bob Mays/City of Apache Junction/Code Compliance Officer 480 474 5085 EXHIBIT D _�;6 ARIZONA DEPARTMENT -°'" '' O F ° fU% ENVIRONMENTAL QUALITY 141, ' 1 1 10 West Washington Street. Phoenix, Arizona 85007 t`l Janice K.Brewer (602) 771-2300• www.azdeq.gov Henry R.Darwin Governor Director December 21,2011 Mobile Petroleum&Plumbing Attention:Edward Baxter 30514 West Montgomery Road Wittmann,Arizona 85361 RE: Permanent Tank Service Provider Certification Dear Mr Baxter. Your application for Tank Service Provider Certification under the Arizona Department of Environmental Quality(ADEQ), Underground Storage Tank(UST)Section has been reviewed. It has been determined that you have met the qualifications and certification requirements set forth in Arizona Administrative Code(A.A:C)Trtle 18,Chapter 12,Article 8 The following identifies the individual who has met the certification - requirements,the category type and theassociated certification number: Edward Baxter Decommissioning D00159 Approval Date 12.21.2011 Firpiratlon Date 12.07.2013 ADEQ review of your application is subject to the requirements of the licensing time frames statute under Arizona Revised Statutes(A R.S)§41-1072 through §41-1079 and the licensing time frames rules under A.A.C. RI8-1-501 through RI8-I-525 ADEQ has determined that the application is administratively complete in accordance with the licensing time frames statute and rules. This is the written notification of that determination required under A R S §41-1075 and A.A.0 R18-1-503(D). Additionally, ADEQ has granted you a license in response to the above referenced application This letter is the written notification of the licensing decision required under A.R S. §41-1076 and A A C R18-1-507(A) This determination may be an appealable agency action under A R.S,41-1092(3)or a contested case under A R.S.41-1001(4) You have a right to request a hearing on an appealable agency action or a contested case and to request an informal settlement conference under A R S 41-1092.06 and A A C. R 18-1-203 To obtain a hearing on an appealable agency action or a contested case,you must file a notice of appeal within 30 days after receiving this letter. If you hav any qu¢stions regarding this matter,please feel free to contact me at(602)771-4316 or toll-free at (800)234- 677-extension 771-4316 Since ly,i - _ _ -- - - - - _._ EDWARD BAXTEIl<';gig_. � R -.Celt Pied tirdividueii-� Amy Aced w. Programs and Projects Specialist lI :fir i -. ' DECOMMISSIONING Underground Storage Tank Program Itt - - `,l CettiScattoa Category D00159 °�m Certific 4 on Number - - - APPROVE: 12.21 2011 EXPIRE: 12s )2.201 Expiration t]aic Northern Regional Office Southern Regional Office 1801 West Route 66 • Suite 1 1 7 • Flagstaff, AZ 86001 400 West Congress Street• Suite 433 • Tucson,AZ 85701 (928) 779-0313 (520) 628--6733 EXHIBIT E Traffic Vehicle Count Saturday, March 2, 2013 Highway 88 4, Traffic Count - 10am - 6pm 4,969 vehicles passing East & West in front of 2341 Apache Trail (Hitching Post Restaurant) 4 Traffic Count - 6pm - 10pm 495 vehicles passing East & West in front of 2341 Apache Trail (Hitching Post Restaurant) This traffic count was conducted by volunteers on behalf of the Hitching Post Restaurant. Witnesses: Notary: State of Arizona) County of V\1krAc_o9p ) On this, the � day of6,c.1, , 20 \3 , before me a notary public, the undersigned officer, personally appeared three witnesses known to me or satisfactorily proven to be the person (s) subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness hereof, I hereunto set my hand and official seal. Juarr�tle .1 „r, a Notary Public DOCOMOIR 4 SOO EXHIBIT F John Hetzel-Owner Licensed and Insured Qp 480-650-6003 V 2Q\3 L-1716775-8 johnnybullfight@yahoo corn Spear J Cattle, Caw pax cj r. .•.' 9n..t i' ..•v L cc ' '' f tvI" ♦a `7 < a .e ;yi co:M.es First To the Apache Junction City Council, I John Hetzel the owner of Spear J Cattle Co am writing this letter in regards to the safety concerns by the council I have also attached a short company bio for a brief description of what we are all about. Your concerns our valid and these are the same concerns every contractor must address across the nation before an event can take place. The Public! With out the public we have no event. So it is in our best interest to keep the public and our contestants safe. We have submitted an arena drawing that is widely used by roughstock contractors throughout the country This format is used locally at the Buffalo Chip ( Cave Creek , Az ) , Roadrunner Saloon ( New River , Az) , Rawhide Old West Town ( Chandler , A2 ) and Western Trails Some believe that bigger is .�. better but not when working with bulls Having this smaller arena keeps the animals contained in a area that is easier to maintain safety than a 300' arena used for roping. We keep everything in close proximity so that our personnel are able to respond at a much quicker rate This allows our bull fighters and contractor personnel to not only respond to our competitors but also to the spectators as well There will also be a safety barrier/fence arround the arena so that no spectators get to close.Along with the safety barrier there will also be sufficient lighting so that not only the public is giving a chance to witness great performances but to allow our staff and riders to see and know their surroundings and give everyone ample means of egress. I take safety serious The persons that I work with take saftety as serious as I as well After over 18 years participating in this sport as a rider, clown , bull fighter and now a stock contractor I know what it takes to put on a quality event. These are just a few examples of a long list of customers that I have worked with as a contractor for the past 5 years Starting with Rawhide , Your once local store Rodeo Hard Youth Event , along with Cowboys for Kids and for the past 2 years nationally known Cave Creeks Running of the Bulls Each one of these events presented its own safety challenges but when working with people whom I trust and share the same ideals for whats best to keep everyone safe we have had continual success in maintaining exactly what your concerns are about I would like to thank each and everyone of you for giving us the opportunity to bring this event to your city and hope that we are able to come together and bring in some real fun and entertainment to AM Ilk your city Thank You, John Hetzel-Spear 1 Cattle Co 1/1 9 N! 11 r {S ?t/i cf.?, t c r, S t*.1??+AE; 1,--/ 1'es /'--1s:s - 77 ' t2= r 6 c/ e# I S. t''(ii.,.j. ;J Ot t, x pi�i r% SI f/k ' t .j t!J ►a^Zapi 6.r zl q.1"vi,/1 v✓9C.7 51,?imotyCt p!' t7 0} )-1-->v 7ii 40 ?/e140 c:.-07-;'• s 4 i tli -}.q"nIl 1 ( /(19 I t7'=/ f✓r. _, 7ty ( )J •74, tf7 o ;y ,.'<.f' %1U't j iv ' lv f*r'i ti --co f) CF;' r1')G u*Pyf S_r c f J)2 01 0 p.: 1;L1 2.i J VP' f 1D I(52,WA 9 v U71^,.,. 7-)uT/ _/)I✓JGCI? ptAr9.3'� jilt 7'lfv!N/<!2. /(rrj ti- II'1 c 7-7 J iiSi4� yr.I.. .. :,r : ( 'Fr, 2- c !! h /"77-"a(" "At T.;+41n, t..f 2/v)4tit2 v' t/.4 ?.. 9(4/ S/ (-411/7 di ; 5/10 (A' (J(Ioy`S ci' .j. of ft, '1st_s1 ril crat/ f-V1l:- �fir)r ' .I. y2 r 4Ic1' <t7 3*..'i 00/1"-,)t1c l^L,u ' S)07t-ff- 0.5 (ft f v)© - ti tV&b4 .-4 DQtS t,gl'i r la ti r p,'a 4a:z: ✓p 1 Ty 1, ' t.,/ t..: rL17 Y' s•',A W/ /'-t'1,L / J'r/ Q;' O?7 j'r. j i--21 iLi /i.'Q "1`('/Q"/ 1 ..Jppr rz(4O. .? 1 .S' �w c� ')-."trl�t' d;cc') c rail .r2 .� y I,cnrt� 1 $(�i f/,<tt 2/ rr/ �'}Il r 1•11- Pi' S 1//ttr ` $'-�r✓d'l�7 W.41 't J /1- ter ,? _ice- U /11 j ?cry/ r/itt�<1- ? 4/ iv .,"`•11C7 ?c/;i 'oIFr<'P ?V `,1- S<'1e 'I/ - ' 0 D/PpI Q. aA'S)/, ' ('r' mr71f '02 C+7/ -i r /fV 1 ( C101 ..f j S'V 7 ` LJ/ir)L rg l-r./j/f�.,Gc/4 ?I Q i F > 0 lI8IHXJ i i„ Eiill . . . .... __, , ,.._____ ____ __ 7.... ..„‘„,, `". -`" � � FAIRFIELD — ----— — — — _ — — — — Y....,, ' ARCHITECTS • lO.w.n uaQamaaswlK+.as+ws i wn.r.0.r..u+ncw.+tif.�1 . ill • 1•YlOOfunM'w,ac,p / \ yyi.l Wf•4KY; .•.LOW Y.(1 Wf1]O wlIy WN4a.If KSN Mu / •/ �yJ V / / ,N Un , : „. `VV'10 , • MAT k y// Itla.+l,Wf.WaLlf rtw4u.1.rTa.1 uarowa�ar.w.• ..."/ / _Y 'I //a j // d7 Jt - p / } Can rni 5 . 4/0" (1),..., '9_Log / / WW I N, i 02 .../ - .. . 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O �7 t / 5 / / `�► ,, / SS1 ' " 94 1 • /!/i n• wa+a.w SITE PLAN ` ""9gY 1 74447.• io ,'"tfutcle Puteteee(ut -dale 14. 2349 POST OFFICE BOX 459 APACHE JUNCTION,ARIZONA 85217 982-2349 To: Apache Junction Trustees The Apache Junction Elks Lodge #2349 has been notified, that it does not have the authority to enter into a lease agreement with any person or business, without authorization from District 7 Committee on Judiciary or the Grand Lodge. Mousse , Secretary Apache Junction #2349 411.16, Rudy Esquivias From: Nick Blake Sent: Wednesday, September 18, 2013 11.26 AM To: Rudy Esquivias,Jeff Bell,Giao Pham Cc: Emile Schmid, Brad Steinke Subject: RE. Questions raised by Councilmembers Au, Rudy, Please see my comments below. Let me know if you have any other questions .4 ichdao 5. XCafte, l.e Parks Superintendent City of Apache Junction 300 E Superstition Blvd. Apache Junction. Az 85119 480-474-515 I nblake(iiJcity net Service O,er and A bone the Rest From: Rudy Esquivias Sent: Tuesday, September 17, 2013 5:21 PM To:Jeff Bell; Giao Pham Cc: Nick Blake; Emile Schmid; Brad Steinke Subject: Questions raised by Councilmembers Gentlemen .4' As you have probably heard,the City Council is once again considering a request from the owners of the Hitching Post/Dash In to construct a bull-riding venue in the area that is now their north parking lot,at their property on the southeast corner of N.Apache Trail and E Lost Dutchman Blvd. They held a work session on the item last night and two issues came up which are in your respective areas of expertise For Jeff: 1) For comparative purposes, Councilwoman Rizzi asked,what is the height of the arena fence at the rodeo grounds?Six feet Specifically, what is the height of the fence that surrounds the immediate area where horses and/or bulls are ridden?Six feet 2) My additional follow up questions are. Who determined this fence height? I'm not sure since the plans for the rodeo arena were designed and coordinated through engineering at the time it was constructed Is it a national rodeo association standard? My research could not determine if the National Rodeo Association has a standard, however, in researching a couple of companies that manufacture arena fencing it appears the standard height for a rough stock arena is six feet Do we know if an animal has ever managed to jump over the fence, Not to our knowledge For Giao 3) Because Councilwoman Evans has discovered a discrepancy, related to lot size and/or right-of-way width,on the newest county assessor's map for the subject property(parcel 100-25-043A), she wants to know what is the existing right-of-way width for both N Apache Trail and E Lost Dutchman Boulevard at that intersection? Furthermore, since Lost Dutchman is designated a section line road, but presently only a 33-foot FPE exists,does the City Engineer anticipate any need for a future right-of-way acquisition of an additional 17 feet for the half right-of-way? More generally,what is the likelihood that the City will ever need to widen E.Lost Dutchman Boulevard(east of N Apache Trail,in particular)to its full 100'-wide right-of-way width? Your earliest e-mailed responses would best most appreciated Thanks. C suivias Senior Planner/Zoning Administrator City of Apache Junction 300 E Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@aDc_ty.ret SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from 7 OOan to 6.00pm, closed Frsdays and Hoadays ) p 2 DRAFT 1 28-13 SECOND AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND MEHMOOD MOHIUDDIN THIS AMENDMENT is made and entered into this day of 20 , ("the Execution Date") by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and MEHMOOD MOHIUDDIN, as owner of Dash In Gas & Mini Mart and Hitching Post Restaurant ("Developer"), sometimes both collectively referred to as the "Parties". RECITALS A. On February 18, 2009, the City and Developer entered into an Economic Development Agreement and on May 8, 2009, the City and Developer executed a First Amendment to the Economic Development Agreement which collectively included provisions for a restaurant in addition to a convenience market at the southeast corner of Lost Dutchman Boulevard and State Route 88 (the "Property"). B. Developer now desires to expand the development to include a bull riding arena and related facilities on the Property. C. Developer also desires to relocate existing trash receptacles, remove existing fuel pumps, and the propane storage tank, and reconfigure the parking arrangement to accommodate all uses on the property. AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to amend the February 18, 2009, Agreements as follows: AMENDMENT OF AGREEMENT: A. Recital #10 is added as follows: On February 18, 2009, the City and Developer entered into a development agreement which set forth development criteria to allow for a new pizza restaurant to be built on site. 1 B. Recital #11 is added as follows: On May 8, 2009, the City and Developer entered into the First Amendment to the Development Agreement which addressed delay of the landscaping and driveway delineation requirements. C. Recital #12 is added as follows: Developer desires to offer an outdoor bull riding entertainment venue at the northerly side of the Dash In building with the gas canopy and pumps to be removed for weekend activity from 8:00 p.m. to 10:00 p.m. Developer will also be requesting from the Mayor and City Council a positive recommendation for the State Liquor Board extension of premises authorization. D. The Site Plan originally attached to the Agreement and referenced in Section 3(B) is replaced with the new Attachment. E. Use of the outdoor bull riding venue is subject to shared parking agreements for overflow off-site parking on vacant property to the south and across the street to the north at the Elks Club. Should both of these shared parking agreements be terminated for any reason by the off-site property owners represented in said parking agreements, all outdoor activities within the extension of premises area must cease until another comparable off-site parking agreement is secured. F. Section 9(P) Severability, is amended as follows: City and Developer each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. G. All other terms, and provisions set forth in the February 18, 2009, and May 8, 2009, agreements not inconsistent with the intent of this Agreement remain in full force and effect. 2 IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be duly executed as of the day and year first written above. MEHMOOD MOHIUDDIN, owner of Dash In Gas and Mini Mart and Hitching Post Restaurant By: Its: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: John S. Insalaco Its: Mayor ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: R. Joel Stern City Attorney 3 STATE OF ) ss. County of The foregoing was acknowledged before me this day of , 20 , by as of Mehmood Mohiuddin, owner of Dash In Gas and Mini Mart and Hitching Post Restaurant. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 20 , by John S. lnsalaco, as Mayor of the City of Apache Junction, an Arizona municipal corporation. Notary Public My Commission Expires: 4 / E ]UCST I)UIVIIMM �. . hial....w.fwW.nmt...san. 4., _. .�....,v...� TVs �u ' \\41111, .Ida..a... _ ttle. .ten `� / /, j/ li Z -113ff IQ /' wh 't1u+My.e 1 ctrAINI / : •• I : i ;,II�I�II j 1� LIJ N / �// �l` .id sill .,'''''.'° 1 0111 III, 1 f / / 1 as ' , • • f �N y A. z q a 4t Original Message From Joel Stern Sent: Monday, September 23, 2013 4 46 PM To Anna McCray Subject: FW: Agenda Item#13-275 -Second Amendment to Development Agreement Between City of Apache Junction and Hitching Post/Dash In Property Please place this in the official public record packet for council consideration after all of the agreements under the Amended Development Agreement for the Hitching Post bull riding public hearing. Please acknowledge it made it, otherwise I will have to pass out hard copies THX R.Joel Stern City Attorney City of Apache Junction 300 E.Superstition Blvd. Apache Junction,AZ 85119 (480)474-5105 Original Message From• Kim Shreeve (mailto:Kim.Shreeve@Pewandlake.com] On Behalf Of Ralph Pew Sent. Monday,September 23,2013 12 31 PM To Joel Stern Subject: Agenda Item #13-275-Second Amendment to Development Agreement Between City of Apache Junction and Hitching Post/Dash In Property Joel, Thank you for the update on the timing for suggested modifications to the Second Amendment to the Development Agreement The Property Owner, Mehmood Mohiuddin,agrees with the draft of the Second Amendment as you prepared it earlier this year However, based upon questions by Council members at the City Council Work Session on September 16, 2013, I believe it is possible to address two(2)of those issues by providing additional language to the Second Amendment: 1. If the bull riding arena venue use is terminated for any reason, how will the extension of premises authorization be affected? Our suggestion to address this issue is to add the following sentence to Paragraph C of the Second Amendment "In the event the bull riding venue use is permanently terminated,for any reason, Developer agrees that the State Liquor Board Extension of Premises Authorization shall be deemed limited to the rear patio areas located directly on the southeast side of the Hitching Post Restaurant and Bar/Dash In Convenience Store " 2. One of the Council members raised the question as to how the City would know if the parking lease agreement for the land on the south was terminated An additional sentence to Paragraph E of the Second Amendment could effectively address this comment "Developer agrees to provide written notice to the City within ten (10)days in the event the Lease Agreement with Zion International DBA Park N Save Storage("Lease") is terminated and to provide written notice to the City of the status of the annual review of the Lease as provided for in Paragraph 6 of the Lease." Based on the comments made at the Work Session,the Property Owner and I are preparing to address the following issues A. How is the fence around the bull riding arena secured and how to the heights of the 8-foot and 6-foot fences compare to other arena fences in the area? B What are the hours of operation for the Dash In Convenience Store? C Explanation of how the lighting,safety and access will be provided to the bull riding venue. D Confirmation that the bull riding venue is not a stand-alone event but rather an adjunct or part of the entertainment to be enjoyed by those patronizing the Hitching Post Restaurant and Bar E Parking—confirmation with staff that the additional parking on the south side of the site exceeds City requirements and will be treated with appropriate decomposed granite (DG)or other approved dust palliative measures. F Landscaping—confirmation that additional landscaping has been provided that exceeds the standards required by the original Development Agreement G Confirmation that light pools are not attached to the fence and are stand-alone fixtures H Right-of-way—we are searching for the survey and understand that City staff is also confirming the rights-of-way of East Lost Dutchman and North Apache Trail(Highway 88)to clarify that the fence surrounding the bull riding venue does not encroach into the right-of-way. I Compatibility with residential uses on the east side of North Cortez Drive We are working on this issue and intend to present to the Council clarification that the bull riding venue is an allowed use in the existing zoning district and will only operate four(4) hours per week, 8-10 p.m on Thursday and Saturday nights,and that the use will not be detrimental to the residential uses on the east side of North Cortez. In an effort to deliver this to you prior to your staff meeting tomorrow, I am sending a copy of this e-mail to Mehmood Mohiuddin at the same time and, if he has any further clarifications or disagrees with any of this, I will let you know as soon as possible. He and I have spoken generally about the changes to the Development Agreement but he has not had '"` a chance to see the exact language Thanks Ralph W Ralph Pew Pew& Lake, P.L.C. 1744 South Val Vista Drive Suite 217 Mesa,Arizona 85204 480/461-4670 (telephone) 480/461-4676 (facsimile) ralph pewPazbar org<mailto kim shreevec pewandlake com> Monday-Thursday 8.00 AM -5.00 PM Friday 8 00-12 00 PM 410 OFFICIAL RECORDS OF PINAL COUNTY RECORDER When recorded return to: LAURA LAURA DEAN-LYTLE Richard Joel Stern, Esq. DATE/TIME: 02/24/09 1423 Apache Junction City Attorney FEE: $16.50 \\D 300 East Superstition Blvd. PAGES: 16 n Apache Junction, AZ 85219 FEE NUMBER: 2009-018381 ECONOMIC DEVELOPMENT AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND MEHMOOD MOHIUDDIN This Economic Development Agreement is entered into as of /, 2009, by and between CITY OF APACHE JUNCTION, an Arizona muni ipal corporation (hereinafter the "City") and MEHMOOD MOHIUDDIN, as owner of Dash In Gas & Mini Mart(hereinafter the "Developer") (both collectively referred to herein as the"Parties"). RECITALS 1. Developer owns 0.67 acres of land, Pinal County Assessor Parcel Nos. 100-25-04205 and 100-25-04304, located at 2341 N. Apache Trail, Apache Junction, AZ(the "Property"), and more fully described and depicted in Exhibit A. 2. Developer desires to renovate a portion of the Property (Pinal County Assessor Parcel No. 100-25-04304) zoned Local Business ("CB-2") and convert the warehouse and storage use to a 2,800 square foot pizza restaurant and pub to be named the "Hitching Post" (the "Project"). 3. In December 2008, Developer contacted the City's Development Services Department to inquire about the feasibility of the Project. 4. On January 8, 2009, Developer met with City staff at a Preliminary Design Review meeting, at which time Developer was informed the City-imposed development fees for the Project would be $52,948.00. 5. On January 12, 2009, Developer's representative requested a waiver of these fees, and on January 12, 2009, the Development Fee Administrator denied the request. 6. On January 12, 2009, Developer appealed the Development Fee Administrator's decision and requested a hearing before the Mayor and City Council, as allowable under Apache Junction City Code, Volume II, Land Development Code, Chapter 7, Development Fees, § 7-1-1(M). 7. At a Public Hearing on January 20, 2009, the Mayor and City Council directed staff to negotiate a development agreement with Developer since there was a general feeling City's commercial development fees for renovations of different uses within the same zoning category are generally too high compared to other municipalities and in view of the current recession. 8. City and Developer are also desirous of addressing public safety concerns relating to traffic movements entering and exiting Developer's property from adjacent arterials. 9. Arizona Revised Statutes Annotated (hereinafter "A.R.S.") § 9-500.05 authorizes City to enter into a development agreement with a landowner or any other person having an interest in real property located within City to facilitate development of the property by providing for, among other things, the conditions, terms, restrictions and requirements for public infrastructure and the financing of public infrastructure. AGREEMENT NOW THEREFORE, in consideration of the terms and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Parties agree as follows: 1. Accuracy of the Recitals: The Parties hereby acknowledge the accuracy of the Recitals set forth above, which are incorporated herein by this reference. 2. Term: This Agreement shall commence on the date it is recorded with the Pinal County Recorder's Office (the "Effective Date") and continue in perpetuity, or until all obligations have been fully performed, whichever date is sooner. Notwithstanding the foregoing, Developer's obligation to indemnify, defend and hold City harmless shall survive the expiration or earlier termination of this Agreement. 3. Developer's Obligations: Developer agrees to each of the following obligations: A) Development Fees. At the time of issuance of the building permit, Developer shall pay City the Police and General Government Development Fees for the Project in the amount of Six Thousand Four Hundred Sixty Dollars and Zero Cents ($6,460.00). B) Compliance with Site Plan. Developer shall build the Project and improve the Property in accordance with the Site Plan set forth in Exhibit B and Building Plans as set forth in Exhibit C, to include all depicted landscaping, parking stalls (shown with a 10% administrative reduction), building improvements and delineated driveway entrances. 2 These improvements to the Property shall be completed before a Certificate of Occupancy is granted for the Project. While the depicted landscaping illustrated in Exhibit B generally complies with or exceeds the zoning standard for required number of plants, the plan, does not comply with the zoning standards regarding landscape buffer setback or installation of a perimeter masonry wall. Accordingly, the development agreement serves to waive these non- complying landscape elements. C) Registered Architect/Engineer Stamped Plans. Pursuant to A.R.S. § 32-144(A)(4), the construction plans shall be stamped by a registered architect or engineer and all drawings shall meet all applicable construction codes prior to the issuance of a building permit. D) Fire Sprinklers. If required under Applicable Laws described in subsection (F) below, or by the Fire Marshal or Building Official, Developer shall install interior fire sprinklers. E) Business and Privilege Tax License. Developer represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Developer understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Developer agrees to obtain a business license pursuant to Article 8-5 of the Apache Junction City Code, obtain any transaction privilege tax pursuant to Apache Junction Tax Code Article 8A, keep such licenses current during the term of this Agreement, and pay all tax arrears currently owed to City. Any activity by contractors and subcontractors within the corporate city limits will invoke the same business tax regulations on said contractors and subcontractors., and Developer ensures its contractors and subcontractors will obtain any required business and transaction privilege tax licenses. F) Applicable Laws. For the purposes of this Agreement, the term "Applicable Laws" means the federal, state, county and local laws (statutory and common law) ordinances, rules, regulations, permit requirements, and other requirements and official policies of the City which apply to the development of the Property as of the Execution Date. G) On-Site Waste Disposal System/Septic System. Developer shall comply with the Applicable Laws in regard to the on-site waste disposal systems/septic system. Developer shall also provide proof to City of County approval of the on-site waste disposal system/septic system prior to the issuance of a building permit. 3 H) Shared Parking/Cross Access Easements. Developer shall record in the Pinal County Recorder's Office a cross access/parking easement in perpetuity and provide proof thereof to City no later than the date the Certificate of Occupancy is issued. I) Dumpster Screening. Notwithstanding subsection (B) above, the sides and rear of the garbage dumpster storage area located on Pinal County Assessor Parcel No. 100-25-04205 shall be screened no later than one (1) year after the date the Certificate of Occupancy is issued. 4. City's Obligations: City agrees to each of the following obligations: A) Road Development Fees. City shall exempt any required Road Development Fees for the Project. B) Certificate of Occupancy. City shall issue a Certificate of Occupancy provided that Developer has met the obligations as noted above in Section 3, subject to the time constraints listed above. C) Building Plan Review. City shall review and provide all redline changes to and approvals of the submitted plans in a timely fashion. 5. Developer's Representations: Developer represents that Developer's representations are true in all material respects as of the date of this Agreement. The transactions contemplated by this Agreement, the execution of this Agreement and Developer's performance hereunder have been duly authorized by all requisite action of Developer or its agents and no other approval or consent is required for this Agreement to be binding upon Developer. As of the date of this Agreement, Developer knows of no litigation, proceeding or investigation pending or threatened against or affecting Developer, which could have a material adverse affect on Developer's performance under this Agreement that has not otherwise been disclosed in writing to City. 6. City Representations: City acknowledges that Developer is expending a sum to renovate the structures located on the Property in reliance of this Agreement. City further represents the Property is located within the municipal limits of City, and City is a duly organized, validly existing municipal corporation in the State of Arizona, and the individuals executing this Agreement have all. necessary authority to enter into this Agreement and to bind City. 7. Notices and Filings: (a) Manner of Serving. All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, delivered or served if in writing and delivered 4 personally or sent by express or overnight mail or by registered or certified first class United States Mail, postage prepaid,as follows: If to City, to: City Manager 300 E. Superstition Blvd. Apache Junction, Arizona 85219 And to: City Attorney 300 E. Superstition Blvd. Apache Junction, Arizona 85219 If to Developer, to: Mehmood Mohiuddin c/o Dash In &Mini Mart 2345 N. Apache Trail Apache Junction, Arizona 85219 The Parties may from time to time designate in writing and deliver in a like manner any other such address which they deem necessary without modifying this Agreement 8. Delivered Status: Notices, filings, consents, approvals and communication given by mail shall be deemed delivered upon receipt or refusal. 9. General Provisions: (a) Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no wavier by City or Developer of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. (b) Attorney Fees. In any quasi-judicial, judicial, or administrative proceedings or any other action in any court of competent jurisdiction, brought by either party to enforce any covenant or any of such Party's rights or remedies under this Agreement, including any action or declaratory or equitable relief, each party shall bear their own attorney fees and all costs, expenses and disbursements in connection with such action, unless such action is determined by a court to be brought in bad faith, in such case the court may order attorney fees and costs accordingly. (c) Indemnification. Developer shall defend, indemnify and hold harmless City, its agentsi, officers, officials and employees from and against all tortious claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings) relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Developer, their agents, employees, invitees, guests, or patrons in the performance of this Agreement or from any accident or 5 other event occurring on the Property post-construction. Developer's duty to defend, hold harmless and indemnify City, its agents, officers, officials and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Developer's acts, errors, mistakes, omissions, work or services. (d) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signature of all parties may be physically attached to a single document. (e) Headings. The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. (f) Exhibits. Any exhibit attached hereto shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. (g) Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. (h) Time of the Essence and Successors/Assignment and Transfer. (i) Time is of the essence in this Agreement. All of the provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of the parties hereof. (ii) Neither party may assign any of its rights or obligations hereunder, except as mutually agreed upon in writing by Developer and City. (i) No Partnership and Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership,joint venture or other similar arrangement between Developer and City. No term or provision of this Agreement is intended to, or shall, be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. (j) Assignments/Transfers. The Parties' rights and obligations under this Agreement shall be non-assignable and non-transferable, without the 6 prior express written consent of the other party, which consent may be given or withheld in reasonable discretion. (k) Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the parties, oral or written, are hereby superseded and merged herein. (I) Amendment. No change or additions to be made to this Agreement except by a written amendment executed by the parties hereto. Within ten (10) calendar days after any amendment to this Agreement, such amendment shall be recorded, at City's expense, in the Official Records of Pinal County, Arizona. (m) Recordation and Effective Date. No later than ten (10) calendar days after this Agreement has been executed by City and Developer, it shall be recorded in its entirety, by City at City's expense in the Official Records of Pinal County, Arizona. This Agreement shall become effective and shall be binding upon and enforceable by all parties hereto, their successors and assignees, immediately upon recordation in the office of the Pinal County Recorder. (n) Unexcused Delays (Force Majeure). Neither City nor Developer shall be in default under this Agreement in the event of enforced delay due to causes: (a) beyond its control and without fault or negligence, including but not limited to acts of God, acts of the Federal or State government, acts of the other party, acts of third parties, of terrorists or insurgents or other public enemies, litigation concerning the validity or enforceability of this Agreement or relating to transactions contemplated, including the effect of petitions for referendum, or initiative, fires, floods, epidemics, quarantine, restrictions, strikes, embargoes, unusually severe weather or the delays of subcontractors or materialmen due to such causes; (b) bankruptcy, insolvency or similar action, or any foreclosure or other exercise of remedies of any lender; and (c) without limiting the foregoing, any action or inaction of City, its officers, agents, departments, committees, Council, Boardmembers, Commissioners, which delays, directly or indirectly, Developer's ability to comply with any construction schedule. In the event of the occurrences of any such enforced delay, the time or times for performance of the obligations of the party claiming delay shall be extended for a period of the enforced delay; provided that the party seeking the benefit of the provisions of this section shall within ten (10) calendar days after such party knows of such enforced delay, first notify the other party of the specific delay in writing and claim the right to an extension for the period of the enforced delay; provided however that either party's failure to notify the other of an event constituting an enforced delay shall not alter, detract from or negate its character as an enforced delay was not known or reasonably discovered by such party. 7 (o) Governing Law and Venue. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county or jury trial. (p) Severability. Every provision of this agreement is, and will be construed to be, a separate and independent covenant. If any provision of this agreement or the application of the same is, to any extent, found to be invalid or unenforceable, then the remainder of this agreement or the application of that provision to circumstances other than those to which it is invalid or unenforceable, will not be affected by that invalidity or unenforceability, and each provision of this agreement will be valid and will be enforced to the extent permitted by the law, and the parties will negotiate in good faith for such amendments of this agreement which may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability. (q) Conflict of Interest. Pursuant to A.R.S. § 38-511, incorporated herein by reference, the parties understand and agree that this Agreement is subject to cancellation by City or its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of City, or its departments or agency, is at any time, while the Agreement or any extension or modification thereof, is in effect, an employee or agent of any other party to the Agreement with respect to the subject matter of the Agreement. (r) Proposition 207 Waiver. Developer agrees, understands and acknowledges that City is entering into this Agreement in good faith and at the specific request of Developer, and further with the understanding that, if City acts consistently with the terms and conditions herein, it will not be subject to a claim for diminished value of the Properties from Developer. Developer, on behalf of it and its successors and assigns, intends to encumber the Properties with the following agreements and waivers. Developer agrees and consents to all the conditions imposed by this Agreement, the Zoning, the General Plan, Applicable Laws, and all permits and approvals issued or granted by City in furtherance thereof, and by signing this Agreement waives any and all claims, suits, damages, compensation and causes of action Developer may have now or in the future under the provisions of A.R.S. §§ 12-1134 through and including 12- 1136 (but specifically excluding any provisions included therein relating to eminent domain) and resulting from the development of the Properties consistent with this Agreement, the Zoning, the General Plan, Applicable Laws, and all permits and approvals issued or granted by City in furtherance thereof or from any "land use law" (as such term is defined in the aforementioned statute sections) permitted by this Agreement to be enacted, adopted or applied by City now or hereafter. Developer acknowledges and agrees to the terms and 8 conditions set forth in this Agreement, the Zoning, the General Plan, Applicable Laws, and all permits and approvals issued or granted by City in furtherance thereof cause the fair market value of the Properties to equal or exceed the fair market value of the Properties in the absence of this Agreement, the Zoning the General Plan, Applicable Laws, and all permits and approvals issued or granted by City in furtherance thereof,and such "land use laws." IN WITNESS WHEREOF, we have hereunto set our hands and seals on the date and year first above written. DEVELOPER: 1 � / � By: Mehmood • iu in Its: Property 0 er CITY OF APACHE JUNCTION, an Arizona municipal corporation: • John S. Insaaco Its: Mayor ATTEST: Kathleen Connelly, City Ca APPROVED AS TO FORM: 'Cg 26 49 Richard J. Stern, City Attorney 9 STATE OF ARIZONA ) ) ss. County of Pi n c•t ) I - 1 The foregoing was acknowledged before me this day of cut C( r , 2009, by Mehmood Mohiuddin as owner of and on behalf of Dash In Gas &Mini Mart. `-4t„4“-Lx "A./€4,&&j Notary Publid My Commission Expires: CI • (seal) t -� STATE OF ARIZONA Pinal County KIMBERLY A HEISER r.. _ ,_ -. et !O..st 31 2011 STATE OF ARIZONA ) )ss. COUNTY OF Pi The foregoing was acknowledged before me this 104 day of �-� , 2009, by John S. lnsalaco, the mayor of City of Apache Junction, A tzona, an Arizona municipal corporation, who acknowledged that he signed the foregoing instrument on behalf of City. Notary Pu Iic My Commission Expires: (seal) . , NOTARY PUBUC o• STATE OF ARIZONA Msrlcopu County .r• JANET R MASON My Commission Expires 08/31/12 10 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY (SUPERSTITION MOUNTAIN ESTATES) E LOST DUTCHMAN BLVD , — � a' oco 122I/27 rr: (0 ® as .� ,t : 0' 0 di ( 2 3 4 5 6 7 8 . I E, HIDALGO ST 5 O Kl 660.1' � I 1 ti 9D • lE• 84A 10 I1 12 z I a zss E. VINDSONG ST I T1 PARCEL A (PCAP NO. 1 CI0-25-04205): That portion of the North half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 15,Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County,Arizona, herein described: BEGINNING at the North quarter corner of Section 15; Thence South 89 degrees 53 minutes 50 seconds West along the North line of the Northeast quarter of the Northwest quarter, Section 15, a distance of 286.40 feet to the Southeast right of way line of Apache Trail; Thence South 49 degrees 19 minutes 35 seconds West along the Southeast right of way line of Apache Trail, a distance of 50.74 feet to the South right of way line of Lost Dutchman Boulevard and the TRUE POINT OF BEGINNING; Thence continuing South 49 degrees 19 minutes 35 seconds West a distance of 117.21 feet; Thence South 50 degrees 25 minutes 8 seconds East a distance of 153.51 feet; Thence North 38 degrees 44 minutes 35 seconds East a distance of 225.37 feet; Thence South 89 degrees 53 minutes 50 seconds West, a distance of 172.00 feet to the TRUE POINT OF BEGINNING; PARCEL B (PCAP NO. 100-25-04304): That portion of the North half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 15,Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, herein described: BEGINNING at the North quarter corner of Section 15; Thence South 89 degrees 53 minutes 50 seconds West along the North line of the Northeast quarter of the Northwest quarter, Section 15, a distance of 286.40 feet to the Southeast right of way line of Apache Trail; Thence South 49 degrees 19 minutes 35 seconds West along the Southeast right of way line of Apache Trail, a distance of 167.95 feet to the TRUE POINT OF BEGINNING; Thence continuing South 49 degrees 19 minutes 35 seconds West a distance of 78.06 feet; Thence South 49 degrees 40 minutes 25 seconds East a distance of 170.00 feet; Thence North 38 degrees 44 minutes 35 seconds East a distance of 82.12 feet; Thence North 50 degrees 25 minutes 8 seconds West, a distance of 155.51 feet to the TRUE POINT OF BEGINNING; EXHIBIT B SITE PLAN Original can be viewed at: City of Apache Junction Development Services Office 300 E. Superstition Blvd. Apache Junction, AZ 85219 ... 1 I / I I I 7 i 71 -I , V Aj ....... I - . I / , / 0' ' 1 I V , - I / 1• I rl .7x�f� ' / / R I oa CI I / I I 1 .. rc , •I 1 i 1=.2 $ 11 J , I Ig „ 1 t if- lienim, •c; __J• Rs. , --N, _ _ • • . .2 � 4 • ; —. _ lei i .1 if .. li i 1 4 i 1 pi I I p t 1 I.. v 0I II oniare' , .... 1 r-'ilo Z yl i I• rcFNG POST *►0.I►1>'9 Tir .;.'4 ra i r e EXHIBIT C BUILDING PLANS Original can be viewed at: City of Apache Junction Development Services Office 300 E. Superstition Blvd. Apache Junction, AZ 85219 _ I_,9• yr n I uhreameaard ii T...OP OUILLOO1 re4=1:11 anneoneados f , IN • ' l'i 11•7 1 ', 1 � • 11 - "" A S ow mow 1 Oa Nib _ _ IIIJILI __�,\s1:.11_1_- { ®..r —=e,_ ono WEST ELEVATION m.-r > >d ' tar a eulLain I rl'11 ],I�.y�l I 3 1l iLt 1 I r-- T, ;>1�1t it EAST aEVAT1ON r Mr r MIN.on MO r l♦011I♦ ::°IIIMIIMMINIIIMIO.MMIOMMOlOoll• KM ION= OM VOIMIOINO1111•11111OM In 1111.01/111•110M on CO OM OM OMMOO111118/MM INIMOOOMONOO11 IN SOIIIIMIIMO11 MOM OM MOM MN SIM MVO Ewa IP SOUTH EL VAT1ON -A3.0 BUILDING ELEVATIONS OFFICIAL RECORDS OF PINAL COUNTY RECORDER When recorded return to: LAURA DEAN-LYTLE Richard Joel Stern, Esq. DATE/TIME: 05/12/09 1611 Apache Junction City Attorney FEE: $11.00 300 East Superstition Blvd PAGES: 4 Apache Junction,AZ 8521') FEE NUMBER: 2009-047880 FIRST AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN CITY OF APACH E JUNCTION AND MEHMOOD MOHIUDDIN This Amended Agreement Is entered into as of , , 2009, by and between CITY OF APAC ME JUNCTION, an Arizona Municipal corporation (hereinafter the "City") and MEHMOOD MOHIUDDIN, as owner of Dash In Gas & Mini Mart (hereinafter the "Developer") (both collectively referred to herein as the "Parties"). RECITALS WHEREAS, the City and Developer entered into an Economic Development Agreement on February 18, 2009; and WHEREAS, since such time, Developer has experienced difficult and challenging financing obstacles that prohibit completion of the landscaping features and the driveway delineations pursuant to Section 3(6) of the Agreement; and WHEREAS, on April ;', 2009, Developer visited staff and also spoke at the Call to the Public portion of the Regular Council Meeting requesting: 1) a suspension of the landscaping requirements; and 2) issuance of a Temporary Certificate of Occupancy not being contingent on completing the landscaping so that the business can start making money to pay for the landscaping features; and WHEREAS, on April 21, 2009, the Mayor and City Council granted Developer's request to allow Developer a Temporary Certificate of Occupancy without first completing th: landscaping, permanent parking delineations and barricade placements, and moved to suspend this requirement until 45 days after the issuance of the Temporary Certificate of Occupancy;and WHEREAS, the Mayor and City Council desires to enhance Developer's success in his new restaurant business and is willing to accommodate his request by modifying Section 3(B) of the Agreement under the terms and conditions of this Amendment. AMENDMENT NOW, WHEREFORE, the parties agree to the amendments set forth below: A) Section 3(B) of the Agreement executed on February 18, 2009 shall be replaced with the following provision: 3. Developer's Obligations: Developer agrees to each of the following obligations: B) Compliance with Site Plan/Issuance of Temporary and Final Certificate of Occupancy. Developer shall build the Project and improve the Property in accordance with the Site Plan set forth in Exhibit B and Building Plans set forth in Exhibit C, to include all depicted landscaping, parking stalls (shown with a 10% administrative reduction), building improvements and delineated driveway entrances. All improvements to the Property depicted in Exhibit C shall be completed before a Temporary Certificate of Occupancy is granted for the Project. All items in Exhibit B shall be completed except for the landscaping and permanent parking delineations and barricades, which shall be completed within forty-five (45) calendar days from the date a Temporary Certificate of Occupancy is issued. Within ten (10) calendar days after the date the Temporary Certificate of Occupancy is issued, Developer shall have completed temporary striping for parking stalls. The Building Official will issue a Temporary Certificate of Occupancy only if Developer has requested a final inspection and has demonstrated to the Building Official's satisfaction that all code requirements are complete. The Building Official will only issue a Temporary Certificate of Occupancy if: 1) the restaurant contains all of the required fire protection systems and means of ingress and egress; 2) all Americans with Disabilities Act ("ADA") structures or facilities are complete; 3) all electrical, mechanical, and plumbing systems are complete; and 4) Developer provides proof from both Pinal County Health Department and Apache Junction Fire Department of their approval for a Temporary Certificate of Occupancy. The Temporary Certificate of Occupancy shall include reference to compliance with Section 309.4 of the Uniform Administrative Code as amended by the City, which the Property Owner/Developer shall comply with. If Developer does not complete the permanent parking delineations and barricades placements and landscaping requirements by 5:00 p.m. on the 45th day after the Temporary Certificate of Occupancy is 2 issued, the elects ical power to the restaurant will be de-energized at the request of thy: Building Official, the employees will be ordered to vacate the prem ses, and Developer shall secure the building from customers. Upon completion of all of the noted requirements, Developer shall contact the Building Official to schedule a final inspection for a Certificate of Occupancy. While the depici:ed landscaping illustrated in Exhibit B generally complies with or exceeds the zoning standard for required number of plants, the plan does not comply with the zoning standards regarding landscape buffer setback or installation of a perimeter masonry wall. Accordingly, the development agreement serves to waive these non- complying landscape elements. B) All other term; and provisions of the Agreement executed by the parties on February '18, 2009 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the day and year first written above. DEVELOPER: By: Mehmood • 'iu Its: Property 0 =r CITY OF APACHE JUNCTION, an Arizona municipal corporation: t4 Bn S. Insalaco Iri yor ATTEST: Kathleen Connelly, City Clerk 3 APPROVED AS TO FORM: 41I.o0) Richard J. Stern, City Attorney STATE OF ARIZONA ) ) ss. County of rul4 ) The foregoing was acknowledged before me this 8th day of , 2009, by Mehmood Mohiuddin as owner of and on behalf of Dash I Gas & Mini Mart. NOTARY PUBLIC f STATE OF ARIZONA Pinal County No ry Publi • .mmi�sftfi � : ",Ay Commission Exo;,es November 15,2011 (seal) STATE OF ARIZONA ) ) ss. COUNTY OF i I YlQ l ) The foregoing was acknowledged before me this $* day of , 2009, by John S. Insalaco, the mayor of City of Apache Junction,(Arizona, an Arizona municipal corporation, who acknowledged that he signed the foregoing instrument on behalf of City. Notary Pu is My Commission Expires: ) (seal) PUBLIC -ATE OF ARIZONA 4 c+;n@1 County ''�` ntt 1E HENINGER ar.f� 5Jzfi My Commi,slur'r,�irss January 31,2Q11 'uoi Dun a ood o 611�8 Zb+ � f t/ v I!DJJ ayDndV 'N [��Z go o � ■ SGNnou903aO8 88 "H �� 1SOd 9NIH011H L Jo L LY v�ro- --ooL Ls -- I Is �Qiesao He"s9 = i me ~fix 'Mx='alb ar+117110 M sourm livC 6LLV9 ZV •NOtiOOwir 3}ovdv I +LPL Ln!o� :L/ovil o �iva1 3HOVdv N LKZ :No[iVXI Ills 1NidunviS3U iSOd JNIHOIIH QOOWH3W Nivan HOW :UMMO , a • Xin 0 z Y 12 �u epett �/ I tu \ CON �'✓it spy by W Q — LLJ V nTM�FE"cE - Mel rL �\ NFyI V TALL SCI.EEN� '— I I d W V IV 'nary xLM Ion mo ObOVAN a nw r uo r arol r N mar w rraerx'aol �rl rtilt a trolo■ssaoa 1®mrr x grlpi>r i arr a nA tlm x a onm=ira axe W%31a zxar ha MM era ar 7Y avnll��a9ot1 x ar nBt��r r ram as Ra i Pew's changes DRAFT Joel Stern's changes 9-25-1 SECOND AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND MEHMOOD MOHIUDDIN THIS AMENDMENT is made and entered into this day of 20 , ("the Execution Date") by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and MEHMOOD MOHIUDDIN, as owner of Dash In Gas & Mini Mart and Hitching Post Restaurant ("Developer"), sometimes both collectively referred to as the "Parties". RECITALS A. On February 18, 2009, the Cit and Developer entered into an Economic Development Agreement and on May 8, 2009, the City and Developer executed - First Amendment n �e �r�ie`nt !the atii Amendment") to the Economic Development Agreement which collectively included provisions for a restaurant in addition to a convenience market at the southeast corner of Lost Dutchman Boulevard and State Route 88 (the "Property"). B Developer has also since 2009, relocated trash receptacles, removed fuel pumps, the fuel canopy, and the propane storage tank, and desires to has reconfigured the parking arrangement to accommodate all uses on the property. C. Developer now desires in this amendment (the "Second Amendment") to expand the usesAisfevelepmer, to include a bull riding arena and related facilities on the Property. AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is m.hereby acknowledged, the Parties agree to a the o w o ng �6 `Iaa 'ons: February 18, 2009, Agreements as follows: AMENDMENT OF AGREEMENT• On February 18, 2009, the City and Developer entered into a development agreement which set forth development criteria to allow for a new pizza restaurant to-be-bull-t-o-n-Site- B. Recital#11 is added as follows On May 8, 2009, the City and Developer entered into the First Amendment C. Recital #12 is added as follows: A. The Site Plan originally attached to the Agreement and referenced in Section 3(B) as Exhibit B is replaced with the new attachment (incorpor reference and attached hereto) to include all uses for the Property. B. Section 3, Developer's Obligations of the Agreement, is amended to include the following additional obligations: Developer shall build the project and improve the Property in accordance with the Site Plan set forth in Exhibit B, which includes among other things, a bull riding arena, with events occurring only on Thursdays and Saturdays from 8:00 p.m. to 10:00 p.m. In the event the bull riding venue use arena use is terminated for any reason, except for seasonal closing, Developer agrees that bny approved the State Liquor Board Extension of Premises Authorization shall be deemed limited Deduced in size to the rear patio areas located directly on the southeast, side of the Hitching Post Restaurant and Bar/Dash In Convenience Store. Use of the outdoor bull ridin are konditioned upon shared perking agreemenr ove iow off-site Tarking vaunt property to the south or across ne street Lost Dutchman Boulevard to the north at the Elks Club. Should both of these shared parking agreements be terminated for any reason by the off-site property owners represented in said parking agreements, all outdoor activities within the extension of premises area, including but not limited to the bull riding arena attraction, must cease until other comparable off-site parking arrangements are secured. Developer agrees to provide written notice to the City within ten (10) calendar days in the event the Lease Agreement with Zion International, DBA Park N Save Storage ;`'Lease") or( ase wigillnirtintris terminated. riot ce4o the City of the-stars-of a t uat of the L ease as provided for in Paragraph 6 of the Lease. 2 C Section 9(P), Severability, is amended as follows: City and Developer each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. D. All other terms and provisions set forth in the February 18, 2009 Agreement and May 8, 2009, agreements the First Amendment not inconsistent with that of this Second Agreement remain in full force and effect IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be duly executed as of the day and year first written above. MEHMOOD MOHIUDDIN, owner of Dash In Gas and Mini Mart and Hitching Post Restaurant By: Its: CITY OF APACHE JUNCTION, an Arizona municipal corporation By. John S. Insalaco Its: Mayor ATTEST: Kathleen Connelly City Clerk 3 APPROVED AS TO FORM: R. Joel Stern City Attorney 4 STATE OF ) ) ss. County of ) The foregoing was acknowledged before me this day of , 20 , by as of Mehmood Mohiuddin, owner of Dash In Gas and Mini Mart and Hitching Post Restaurant Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 20 , by John S. Insalaco, as Mayor of the City of Apache Junction, an Arizona municipal corporation. Notary Public My Commission Expires. 5 l ! ]E ➢OS}l' DUTCHMAN -y — — — — — — — .Ur, /00. � aii 41.0e1.001NI . *nu. .: Wen ruroaa , Y ' Wanws:w.-.awmereeeaa. :4 � ralllw ANC[' UNOAVAby b001111 lle M210. jIWO yBM �eaY o+W+� x * rs�u * iF. 411k.14‘4 te,/ / Qz ,�" m t J �. III li11' . 't as t m C. t ! 1 i ) '1 - co = Ill N. // ///,;7\ 111111' -- , ''''' e:,..!,.....4!' /12/1%, v I I \. in Outlaw 041 I ,ff4/1/ ///r /I fy� j 4 I !: 0/1:// Z ?..ee ieriery nwacbr e.mcr.-r«mf // / / ''11[[` r g /// J / / / j `Wi01Y]l Wrr t t{ J/ / f F / W ,' // SITE PLAN o 1 r..,neO�.M�r� Janet Mason From: Janet Mason Sent• Tuesday, October 01, 2013 3 51 PM To: Kathy Connelly Subject RE permanent extension of premises request by Hitching Post Pizza and Pub-second request Kathy. Per Craig from investigations at state liquor, the answers to your questions are Question 1• No Question 2 The police department can do walk throughs State liquor will occasionally do a walk through unless they get a complaint of someone being off the extended premises with a drink, wherein they will go out Question 3 Yes From: Kathy Connelly Sent: Tuesday, September 17, 2013 4.40 PM To: Janet Mason Subject: FW. permanent extension of premises request by Hitching Post Pizza and Pub - second request Please call the state and ask them (1) if there can be conditions attached to an extension of premises such as if the bull riding venue goes away so does this extension of premises, (2) what is the likelihood of enforcement to make sure patrons stay within the extension area, (3) should the council include reasons for denial if that is the route they wish to take? I need to give all of this information to the council and to Joel Get the name and number of the person you talk to in the event Joel wishes to call them Thanks kc From: Rudy Esquivias Sent: Tuesday, September 17, 2013 3.50 PM To: Janet Mason; Jeff Robinson Cc: Troy Mullender; Brad Steinke; Joel Stern; Kathy Connelly; Thomas Kelly Subject: RE. permanent extension of premises request by Hitching Post Pizza and Pub - second request Jan• The subject property is zoned CB-2, which permits bars and restaurants outright We understand that this extension of premises request is to allow people to take their alcoholic beverages with them to observe the bull-riding activities, and thus extends to the publicly-accessible fenced-in area to the east of the existing buildings, as well as to the publicly- accessible fenced-in area proposed around the arena (but not into the arena itself, nor into the places where animals will be loaded, unloaded and handled) The Planning Division does not object to this request as long as the development agreement amendment (which is also scheduled to be heard on October 15T) is approved first; and as long as all of the improvements associated with the bull-riding venue are installed on the property in accordance with the architect- stamped site plan If for any reason,the proprietors of the Hitching Post should lose their off-site parking leases/privileges, which are very necessary for restaurant parking accommodation and for the successful operation of the bull-riding venue,then the 1 Aft. Aft. extension of premises area shoulu ae reduced and limited to just the outside patio area immediately to the east of the Hitching Post portion of the building (in other words,the area to which it is limited today) This is just a suggestion, as I don't know if a grant of extension of premises can be conditioned in such a manor dzica# Squivia. Senior Planner/Zoning Administrator City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays. ) From: Janet Mason Sent: Tuesday, August 20, 2013 11 51 AM To: Jeff Robinson; Rudy Esquivias Cc: Troy Mullender Subject: permanent extension of premises request by Hitching Post Pizza and Pub - second request Hitching Post Pizza and Pub is again requesting a permanent extension of premises for the liquor license in conjunction with another request for his bull riding arena project Please have your department recommendation to me no later than Tuesday, September 17, in order for this to be on the October 1 meeting agenda Jeff Mehmood has requested that the police department contact him prior to the inspection so that he can be present to answer any questions Telephone number is 602-214-5635. 2 (01 50Q 1355 N Acacia Rd Apache Junction AZ 85119 September 18, 2013 Dear Mr. Mayor and City Council members I have been a resident of Apache Junction for 18 years and live on N Acacia Rd. I am writing this letter to strongly urge the City Council members to not allow the application from the Hitching post/Dash Inn for a bullring. It is bad enough that in the winter month's peace and quiet is shattered in our area due to the loud music from Filly restaurant, which I personally find obnoxious. If Mr Mehmood Mohiuddin's application is approved then the noise problem will only worsen We moved to Apache Junction and purchased our property in a rural area for peace and quiet. This application should be viewed with regard to the surrounding property owners. After all there are the rodeo grounds which everyone will agree is already underused, so why do we need another outdoor bull ring!!!!"!" Respectfully ./7")/024i1 Phillip Kellow Mayor & City Council Members City of Apache Junction 300 E Superstition Blvd Apache Junction Rudy Esquivias From: Emile Schmid Sent: Thursday, September 19, 2013 8.00 AM To: Rudy Esquivias, Giao Pham, George Hoffman Subject: RE Questions raised by Councilmembers (4) Rudy- Comments below Let me know if you have any questions Thanks- Emile Schmid From: Rudy Esquivias Sent: 2013-09-17 Tue 17:21 To: Jeff Bell, Giao Pham Cc: Nick Blake; Emile Schmid; Brad Steinke Subject: Questions raised by Councilmembers Gentlemen As you have probably heard, the City Council is once again considering a request from the owners of the Hitching Post/Dash In to construct a bull-riding venue in the area that is now their north parking lot, at their property on the southeast corner of N Apache Trail and E Lost Dutchman Blvd They held a work session on the item last night and two issues came up which are in your respective areas of expertise For Jeff 1) For comparative purposes, Councilwoman Rizzi asked, what is the height of the arena fence at the rodeo grounds? Specifically, what is the height of the fence that surrounds the immediate area where horses and/or bulls are ridden? 2) My additional follow up questions are Who determined this fence height? Is it a national rodeo association standard? Do we know if an animal has ever managed to jump over the fence? For Giao: 3) Because Councilwoman Evans has discovered a discrepancy, related to lot size and/or right-of-way width, on the newest county assessor's map for the subject property (parcel 100-25-043A), she wants to know what is the existing right-of-way width for both N Apache Trail and E Lost Dutchman Boulevard at that intersection? (ES]SR88 ROW(right-of-way)will need to be verified with ADOT. But in reading the legal description for parcel 100- 25-043C, and neighboring parcel 100-25-001C, it appears the County parcel may be drawn incorrectly. Public Works will need a few days to map the boundaries to verify. Furthermore, since Lost Dutchman is designated a section line road, but presently only a 33-foot FPE exists, does the City Engineer anticipate any need for a future right-of-way acquisition of an additional 17 feet for the half right-of-way? More generally,what is the likelihood that the City will ever need to widen E Lost Dutchman Boulevard (east of N. Apache Trail, in particular)to its full 100'-wide right-of-way width? (ES]Lost Dutchman Blvd still has a 33-ft FPE(Document 163/27). We have no record of the FPE being extinguished, or any ROW being dedicated. Arterial alignments typically have 100-ft ROW,50 feet either side of the centerline. If we 1 had 100'ROW, it does not necessarily mean we will build a large road, but would give us some options for multi-use trails, etc. So, ROW acquisition does not always mean imminent paved road surfaces. (ES]Additional comments. to be consistent with other areas nearby(e.g., Filly's) "No Parking"signs would need to be placed on LDB. Owner would need to check with ADOT for access,parking requirements along the SR88 ROW. Your earliest e-mailed responses would best most appreciated Thanks cLL4 pquivia. Senior Planner/Zoning Administrator City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from 7 OOam to 6 00pm, closed Fridays and Holidays. ) 2 Rudy Esquivias From: Emile Schmid Sent: Friday, September 20, 2013 5 05 PM To: George Hoffman, Bryant Powell Cc: Giao Pham,Joel Stern; Brad Steinke, Rudy Esquivias, Matt Busby, Thomas Kelly Subject- Hitching Post boundary Attachments: Boundary pdf All- I took the survey documents Rudy provided at Thursday's meeting and plotted the Hitching Post boundary overlaid on Maricopa County aerial photography and the City's survey control grid. Please keep in mind this is not to be used as a land surveying document,this is for informational purposes only I also added some fence linework from the January site plan submitted by the owner This should help visualize placement of the rodeo arena along with existing features on the site, and the State highway Thanks- Emile Schmid i / ___ 286.400' D k'S/o� S89' 53' 50.00"W TPOB (00/.. t yr r \C 172.000' ,'4 y In. 53' 50.00"W 7 r / .use` 14D 4) N i COR - ' ,,9 SEC 15,T 1 N R 8 E , it ( e : , ,,,,it„,.. . 6,0 ' . , ....._i - r - ' 1 ' ,moo ♦ v. • I a '' { oo s.. „ * r - Tina Love ciWeeiyilaiiReplY Deletesptr lov CC)r l ply �. John e to Categories He Folders John Hetzel (lohnnybullfight@yahoo corn) Add tc This conten To.tmlovelady@msn.com blocked for Inbox 7 safety Junk 15 Drafts 15 Parts of this message have been blocked for your safety. Show content ) I trust johnnybullfight@yahoo corn Always Sent show content Deleted 224 POP 6 6 2413 b rull riding Spear J cattle company L.L.C SEQ f+ For all you bullriding needs , Gold Canyon pappers John Hetzel owner realestate (480) 650-6003 New folder To whom it may concern I am writing this letter on the concerns Quick views about the proper heights of an arena Documents fence for a bullriding event . Flagged 2 The best heights for a -bullriding event are usually between six and seven feet Photos 2 tall There will be a fence post cemented Shipping updates in the ground no more than twenty feet apart to secure the fence from any spam movement and one every ten feet for the New category back pens I am a professional company and I want everything to be as safe as it can possibly be for the spectators, contestants, as well as all the live stock that is being involved with this -Ailti 0/00d bullriding establishment pi.ea.5f cav c;eI ( Content from Your messages are in your POP folder' Some other program is set to downF crar Nikol Hull Purvis, LLC PO BOX 21003 ,p 5EP 2 6 2013 Bradenton, FL 34204 RL� (941)587-1779x TheZenDr@Yahoo.com September 19,2013 Hello and salutations, My name is Nikol Hull Purvis. Before I get into why I am writing this open letter, I would like to explain who I am. I am a 40-year-old mother,grandmother, wife, business owner, and a former card-carrying member of People for the Ethical Treatment for Animals("P E T A."). I hold a Juris Doctorate and currently am in graduate school where I hope to obtain my Doctor of Science in law Moreover, I am a fan of the sport of bull riding;the people who support it;the bull riders who chase the buzzer hoping to In1, hit eight-seconds and praying the Judges are not blind,and the bulls. I became a fan of bull riding by accident,or by fate as the former Public Relations manager for the Profession Bull Riding Incorporated("PBR"),Jack Camefix,so pleasantly said.At the time I was a full- time journalist with Yahoo and was given an assignment to cover a PBR event in Ontario, California. Of course,being a PETA member at the time I objected heavily.After all, I had been at many events previously,except I was one of the P.E T.A. members outside protesting over the treatment of the bulls. The first night I was at the event,covering it with an open mind, I got to meet Cody Lambert—the Stock Contractor manager for PBR, I asked hard hitting questions and then was given an opportunity to meet several of the men who dealt with the bulls every day The stock contractors who the bulls were their business,their money maker. I took notice of the shape of the muscle mass and even took notice of the pens they were being held in previous to being let out in attempt to knock some cowboy off their back. After the event, I left and took the three-hour drive back to my residence—then in Southern California. I took in the entire event with open mind to what I saw I had never attended a sport where the athletes weren't just human.The second night I was able to sit down and talk more to the stock contractors. They explained to me how the bulls are actually treated. This is when it happened. This is my"ahhh" moment. I turned in my card,so-to-say,to PETA and became hooked on the sport of bull riding. That was a few years ago.Since then I have had the opportunity to get in deeper with the treatment of the bulls by engaging and interacting with the stock contractors. Previous to becoming a fan,going from PETA to bull riding fan, I thought the animals endured harsh treatments that really is inhumane by any standards However, in the several years I have been a fan of bull riding—more the bulls than the cowboys—this is what I have learned. The Professional Cowboy Rodeo Association ("PRCA")actually formed an animal welfare policy previous to the SPCA even being formed.The PBR,in its 20-years has been the leader in the animal welfare policy. A large majority of the smaller, independent bull riding circuits have modeled their animal welfare policy after the PBR and the PRCA. Both organizations pride their self in how the bulls are treated. The bulls are just as much as the athlete equation as the cowboy who is brave enough to hop on a 1,000-plus-pound mass of bovine muscle who trains harder than your average NFL player.The bull is not just an athlete.They are the stock contractor's income maker.They are their investment.Not one business owner I know goes into business to lose money. Nikol Hull Purvis, [IC 'Al, .1 PO BOX 21003 Bradenton, FL 34204 (941)587-1779 TheZenDr@Yahoo.com In my years of business,there is one thing I have learned.Statistics do not fie. Using the PBR as an -, example, in 17-years there have been over 133,000 outs—bull ride attempts—and of those outs,there • is less than a handful that has suffered career ending injuries. In 786 outs, one buil will suffer a minor 1.,-- injury such as a pulled muscle or a scratch. If a bull is injured,they are not allowed to compete until fully -< recovered which on average is four-weeks. In 9,833 outs, ONE bull will suffer an injury that ends their career. However,they are retired out to the pasture to become a stud so they can produce more elite athletes. '`' If a bull has a life-threatening injury, much like a human athlete,they are taken to the hospital immediately for treatment,care, and recovery This can equate to hundreds of thousands of dollars in 'k care and can extend, on average, up to two-years. However,the statistics show that less than one-one- *r thousandth of a chance to sustain a life-threatening injury.To be exact, .004-percent. tf,; The animal treatment is number one in bull riding. Chutes and fencing is built just for bull riding to decrease any chance for injuries while in the shoot. While on the road,the bulls ride better than most of the cowboys who brave the out. The trailers they are hauled in must have air-ride suspension;cannot be hauled for more than ten-hours at a time and must be able to roam free in a pasture for the same amount of time before hitting the road again;the pens they are held in during transportation, during , event,and after the event must be adequate size to insure they are not injured in any way, and they `;:r` must be fed a special blend of food in a specific amount daily. � ' The bulls receive the best care possible. They eat 25-to-30-pounds of mix grains daily,20-pounds of Alfalfa blend daily, a vitamin B-12 complex every two-weeks,receive a health inspection every time they cross a state-line;must have 6-to-10-inches of sawdust shavings during transport;and,there is always a bovine veterinarian on-call to care for the bulls. fait Contrary to popular belief,the bulls buck because of high bred genetics,training and diet The bucking has nothing to 2:4,,°.;; do with the rumor of wrapping or encasing the genitals in any shape or form.When they buck,they are not bucking 0 just to get the cowboy off their back,they are bucking to get the flank rope off them The flank rope creates bucking ; , that is less erratic and more uniform in nature This helps lessen the chance of injury t ; The cowboys do wear spurs.However,the spurs are dull,and loose rowels that are locked in position They do not 3 z. scratch or hurt the bull at any time I still am in the media,just now I own my own media company. I cover rodeos and bull riding events Currently,I am i' 1, shooting a two full-length documentaries, one of which on stock contractors, bulls,and the treatment of the animal r athletes of bull riding The sport world has quickly came to recognize these bulls as athletes Bushwhacker,one of 'c't the rankest bulls in the circuit currently.was featured on the cover of the ESPN Best athletes'issues He has the best fil a ;�r° muscle mass and ability than any other athlete in the entire sports world. _.3 `y If I had to do it all over again, I would have attended a bull riding event as a fan much earlier and dismissed the "`. . lies and misleading statements by P E T.A I know I would have been a bull riding fan much earlier and would have x',r:ri known from day one,the P E.T.A.protests were nothing more than misinformation meant to mislead the public and Y'., •, • Nikol Hull Purvis, LLC PO BOX 21003 ` Bradenton,FL 34204 (941)587-1779 TheZenDr@Yahoo.com cause public uproar , I want to finish this letter by saying,a mom of three boys and a grandmother to a toddler grandson.I have brought each one of them to at least fifty bull riding events and several full-fledged rodeos We are all still animal activists and , fight to protect the ethical treatment of all animals However,we also know the truth is stronger than fiction and fiction is not always as entertaining With much regard, Nikol A.Hull Purvis e• • 14 v•S J��. 5r •. i,• 1 n S Sx S71P • SAP 26 ?S3 Mayor and City Council CD City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85119 RE: Item 13-275; proposed second amendment to a development agreement between the City and the owners of the Hitching Post/Dash In property to allow for the accommodation of a bull-riding venue. Dear Mayor and Council We have reviewed the request made to you by our neighbor, Mehmood Mohiuddin, to allow the addition of a bull-riding arena on his property at the southeast corner of N Apache Trail and E Lost Dutchman Blvd, also known as the Hitching Post/Dash In After reviewing the proposed site plan we support Mr. Mohiuddin's application to create this unique, live entertainment option in our neighborhood It is our understanding that 1) The perimeter of the bull riding arena area will be enclosed by an 8' screened fence and the confines of a 70' x 76' arena will be further enclosed by an additional 6' chain link fence 2) The bull riding will occur on two (2) nights a week Thursday and Saturday nights from 8 p m to 10 p m will be the times in which bull riding will occur onsite and spectators for the bull riding arena will have access to the arena only through the Restaurant/Bar and this use should be considered as an adjunct or ancillary entertainment use for the existing Restaurant/Bar onsite. 3) The owner has entered into an agreement with the Property Owner to the South, authorizing the Hitching Post/Dash In to use this area for parking lot overflow parking. This agreement for additional parking, coupled with the on-site parking, will be more than adequate to meet the needs of the bull-riding arena and we are not concerned about parking in our neighborhood 4) Appropriate measures have been taken to ensure the safety of the animals, riders, and spectators We believe that Mr Mohiuddin has addressed our questwns regarding his proposal and that he will be successful in his endeavor. We encourage your approval of his request to develop the bull-riding arena �O / Petition Page 1 Mayor and City Council itC'D SEP 2 6 2013 City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85119 RE: Item 13-275; proposed second amendment to a development agreement between the City and the owners of the Hitching Post/Dash In property to allow for the accommodation of a bull-riding venue. Dear Mayor and Council' We have reviewed the request made to you by our neighbor, Mehmood Mohiuddin, to allow the addition of a bull-riding arena on his property at the southeast corner of N Apache Trail and E Lost Dutchman Blvd, also known as the Hitching Post/Dash In After reviewing the proposed site plan we support Mr Mohiuddin's application to create this unique, live entertainment option in our neighborhood It is our understanding that. 1) The perimeter of the bull riding arena area will be enclosed by an 8' screened fence and the confines of a 70' x 76' arena will be further enclosed by an additional 6' chain link fence 2)' The bull riding will occur on two{2) nights a week. Thursday and Saturday nights from 8 p.m to 10 p m will be the times in which bull riding will occur onsite and spectators for the bull riding arena will have access to the arena only through the Restaurant/Bar and this use should be considered as an adjunct or ancillary entertainment use for the existing Restaurant/Bar onsite. 3) The owner has entered into an agreement with the Property Owner to the South, authorizing the Hitching Post/Dash In to use this area for parking lot overflow parking. This agreement for additional parking, coupled with the on-site parking, will be more than adequate to meet the needs of the bull-riding arena and we are not concerned about parking in our neighborhood. 4) Appropriate measures have been taken to ensure the safety of the animals, riders, and spectators. We believe that Mr. Mohiuddin has addressed our questions regarding his proposal and that he will be successful in his endeavor. We encourage your approval of his request to develop the bull-riding arena Petition Page 1 SEP 2 6 VII3 Mayor and City Council City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85119 RE: Item 13-275; proposed second amendment to a development agreement between the City and the owners of the Hitching Post/Dash In property to allow for the accommodation of a bull-riding venue. Dear Mayor and Council We have reviewed the request made to you by our neighbor, Mehmood Mohiuddin, to allow the addition of a bull-riding arena on his property at the southeast corner of N. Apache Trail and E Lost Dutchman Blvd, also known as the Hitching Post/Dash In After reviewing the proposed site plan we support Mr. Mohiuddin's application to create this unique, live entertainment option in our neighborhood. It is our understanding that 1) The perimeter of the bull riding arena area will be enclosed by an 8' screened fence and the confines of a 70' x 76' arena will be further enclosed by an additional 6' chain link fence. 2) The bull riding will occur on two (2) nights a week. Thursday and Saturday nights from 8 p m to 10 p m. will be the times in which bull riding will occur onsite and spectators for the bull riding arena will have access to the arena only through the Restaurant/Bar and this use should be considered as an adjunct or ancillary entertainment use for the existing Restaurant/Bar onsite 3) The owner has entered into an agreement with the Property Owner to the South, authorizing the Hitching Post/Dash In to use this area for parking lot overflow parking This agreement for additional parking, coupled with the on-site parking, will be more than adequate to meet the needs of the bull-riding arena and we are not concerned about parking in our neighborhood. 4) Appropriate measures have been taken to ensure the safety of the animals, riders, and spectators. We believe that Mr Mohiuddin has addressed our questions regarding his proposal and that he will be successful in his endeavor We encoura e your approval of his request to develop the bull-riding arena. .A.). Sr, (A-4-iA re9. a 3- Petition Page 1 AMR Ink • VD SAP 2 11 5 13 Mayor and City Council City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85119 h RE: Item 13-275; proposed second amendment to a development agreement between the City and the owners of the Hitching Post/Dash In property to allow for the accommodation of a bull-riding venue. Dear Mayor and Council We have reviewed the request made to you by our neighbor, Mehmood Mohiuddin, to allow the addition of a bull-riding arena on his property at the southeast corner of N. Apache Trail and E Lost Dutchman Blvd, also known as the Hitching Post/Dash In After reviewing the proposed site plan we support Mr. Mohiuddin's application to create this unique, live entertainment option in our neighborhood It is our understanding that. 1) The perimeter of the bull riding arena area will be enclosed by an 8' screened fence and the confines of a 70' x 76' arena will be further enclosed by an additional 6' chain link fence. 2) The bull riding will occur on two (2) nights a week. Thursday and Saturday nights from 8 p.m. to 10 p m will be the times in which bull riding will occur onsite and spectators for the bull riding arena will have access to the arena only through the Restaurant/Bar and this use should be considered as an adjunct or ancillary entertainment use for the existing Restaurant/Bar onsite 3) The owner has entered into an agreement with the Property Owner to the South, authorizing the Hitching Post/Dash In to use this area for parking lot overflow parking This agreement for additional parking, coupled with the on-site parking, will be more than adequate to meet the needs of the bull-riding arena and we are not concerned about parking in our neighborhood. 4) Appropriate measures have been taken to ensure the safety of the animals, riders, and spectators. We believe that Mr Mohiuddin has addressed our questions regarding his proposal and that he will be successful in his endeavor We encourage your approval of his request to develop the bull-riding arena. Petition Page 1 \k — (9 0 (0 , 2-3 r(t • • %WU, Pt ( 7' \A-k-' BCD SEP 2 .6 2013 NAM ADDRESS PHONE NUMBER ;$1 1-Cat ,,ce►ot s ?3-a6. r - o ( rt AM Ai �F� 29s ri,/ kri - 13c1Y tditt )a), - 6qq pezie•V'eaz zl (1a r nr 7D is zAO 77) (-5-2Zoi 2 c3/c 7� C4.141Gcs g-A,tsEitt. (367 Kos-rwc A, 9 -(-2.3S- S-/ \otuAr,4- a\ckt, WiAttA Jaluiru ()Ass (30a-46131(1 1 4✓,-�4 sP f C. /3e /1 5f. -OZ--f39'-2 o/e" M 4 S,(/-iia.//i2 5kqs-E. fie!/ Sf' 6-6, Z--5- j -0,0g (j ct•t„iricb-A.0 qi_1(fu1 (101A.Q__, nrertg. eitAu _ I 04)1 ALQ_, z-18b-PLg- / 754 Y322 'V��4z1 ' -, ((di af-2-0147"d v 2,vp 2Z St.0 '-ham Petition Page 2 /4\43400- • RE'D SEP 2 6 2013 job NAME ADDRESS PHONE NUMBS' (, t 1-k-P / 2 7/ /V • Mou (I/e1/20 D 0` 6710 # ,, ete440 fi2d9.9,r ( rtz i?s- � �� VV Kes•A) 7? u c c t,3G /•-s•/V �0 f A.,fa gS//9 4/$6-G7f•3es24 - A ra Petition Page 2 ET SEP26 2013 NAME ADDRESS PHONE NUMBER >21 Yo/f ' '/.3--37,5-.-c70' '' ' V yb i 1 , . 3 5:2! 0 6 X( 7)1/7 4 iP d 1?4.----,D 7L(05- --5- ?oM,41,/,4_,kRb YES 7‘f /9l7 QLor \\a55 Eel► } AIX *b-51 (001' %lin V6'ecte-Asty \' I) P ('"/ 40/.0 1 C. (_cto6m1,15- i_d0)-2119.--0 LA p 5 coo D, ict f. 7 r cJ 4o olio do L ? ---2 Y , . 1 VY OV.i—e/ LI'dC('W.7 11 4 0 ' (icz_ 3'g 7(6- p 4,1- 51,,,,„„0--L__ 514:2 v��S _ Aj, 9to-7 72-5 7 c'2_ A_iikLy , 'a 63 d e G// 6 2 ��- 07)q-7-jc5C 01140 06 -5755- g: i)) P L'I/ Petition Page 2 REcD SEP 26 2013 NAME ADDRESS PHONE NUMBER Of,5f*A1A0 Mtl &) JoTe aZqo 0_,0Ca0r/Ocloci*13 31/ d gICL 13 0 w I( , / /O ) fa � ES q _ cekck. Gic(4t". a ("1‘5z? AlAa \.• /7,/ 9r7f46-629 /z77.9z 6r5g7 p 0)-129)-04 0-6-tdm 60- „L ,0524.A)-QA— Qm . '2.15--1°3-584 qn • A a7�Aicr4, /'1/7a/=� �5� diZJ)C..?P7 icev-2i7 /// (xt s ut. Az 65-36/ 0(/ I ///at G{ I,. .zj rz f,,,r,GA1- Tv / 4Ja(Vo yes,--(Z#:5-2/- U /-11,2ffi f2 z ) /-at, scp ,Sea ic/e-sZtW /e7 S550, Petition Page 2 EcB S E P 26 2013 NAME ADDRESS PHONE NUMBER (A) t ► �zr) �! y v ti,1V�;�� S ?� `3''C1 x. K 3 Cvsr L tT wtt Qkvrj L40 (l q Ya(I5 gs24 7 oo 02 9 LCOg-g ‘6<1) -t %/13473i-S-tee —eS-11 .cam - 6 c‘dt\- -(37 Leg, O007, 6&ia,i ,e-E84t-qoui, • / -/ .4- 49.// 7/06, , 737.3 �, (�Sfi� (�07/ i /_0 1 y 05_152A/141 (/EaC441bP ‘/S0*--07L/Ll-ibled Luc 31 ` ,4 307- -77/ 9 044111,44e4 , c>C-65i /,)() e0-,7w--/o„pe jr/ Petition Page 2 t r 2013 NAME ADDRESS PHONE NUMBER /4 203,:i 9./ra.097 C 1Zr.tuK) ii\-\afW\ ‘7,1-k ,M ‘ ,1\0 itk, L-\q() -- 2224*t5L S� v D\C\\(\, � C\As 1q51 V\I �I C, doWdQvP (piz-I - dN -V/ /3 H-d-g74-0- itzz-iV95-59 Al. v/414E 4i� ggo..aR -630 y q 5--)corr ' Y.)W'v vilify DR ffilc4-1-- c(cei,fre., icto ,b, .:„,,,,, 0 .,,), 33 -b( )yl ,-,-,2,, 17:�o �y l 7 Sr'', l ex i 6v ,�i 0 9 3 •S% ,Cl dI Y r4f'd/� -y0 6/ Ofe,t, „ei 51. (Li( z64 eti, 5>5.4 „-Ity 46-25-z-Cre-(51--- .__ P %.S g. U/,vvA gs- 144- 602-7 . 1 . So + -52RtN5- S.6 -A76l ; 11 a 38,4 X344 a /actI,-1/y 6 / z .': at-i4)10,,,/ �6,- 7s�/8 fezi7ITJA)ob___y otst -- Gmiyof) -486 471t- II Kg- -.- y)//kik gog9x-8637 /, ___-- / 7 (x A,I-4 , `0a-z4(g-avg Petition Page 3 r• r. RED SEP 26 Z013 NAME ADDRESS �/J PHONE NUMBER car/ � Eg a /&r Co-7 ` Z73,6 G `°20133 .”a q /3 4v- 60 —c15 "iirae 29Z C/ 7 Vic. AI a-icz ,g `.... 40-vl -50640 711 a w1 1'/SS" ov D;Ab. f'i-e S4 ev F0-I'''2--9 S„ / 'g &/cm cx-99w L/ . 0/ , 7 p,__ -Fswo at2- 3/r33,51 7-067/671(k- Me_4(1, ass- 1( -/92eir 10 I M7A Va 0, 46-9 gz- 141(3 Petition Page 2 Rudy Esquivias From: Rudy Esquivias Sent: Wednesday, September 25, 2013 1129 AM To: Mehmood and Zee (dashin@mchsi corn), Ralph Pew(ralph pew@azbar.org) Cc: Joel Stern, Brad Steinke Subject: Got your e-mails Mehmood I received your e-mails today including• pictures of the existing landscaping on the easterly boundary of the property, the letter from the fence company describing the type of screening which will be used; and another copy of the letter from Mr Hetzel,your consultant Thanks for this information. I'll provide it to the Council. Will one of your consultants be at the meeting on Tuesday to address Councilman Serdy's questions about the bull- riding circuit and if there have ever been any problems?Also,the question about how the arena fence is put together and how sturdy it is. Just in case. Thanks. Awls c p2uivia s Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@a]city.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from 7 OOam to 6 OOpm, closed Fridays and Holidays ) 1 54 IPIK• rt . F'y• T .5` t' ..,"r.. • • 7 � (, ( , } r3. 1 r.���y�� .3�4 f � , r�' .�, i' r. 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' ltr t;!.,,i? i r4 a _lei-f;...4*...;"" •,1:.-!'•...i• - .3‘•••••*. It '' • .i ' :4'• '-i dal- -` i. +5`. F Si \` p f i �1. , A ti . •., ,tt Y�r , #111111, t y•r•-••- '14 'd 4 iii.t..:_..-•;•:...• •..." ••I N. + 'I ' ¢ 1 t1 t. �Si�2wlt, . '. ^• - It ( , t(ty ''� , of 1 ...�, 1 y is t, y S i, r kW I a . •\3 i.. i \14r . ��^�f } i , s .1 I F r � L �� -,y{t1{I)rtfo�r • • l • it •'� 5 '•.,, �. ' 't . . I �,ilt'At. fly . ' 1 • .,i , -;- t. I . . • �• tf, •a rr , PHOENIX FENCE P.O. BOX 21183 PHOENIX, AZ 85036-1183 PHOENIX FENCE COMPANY January 18, 2013 Hitching Post 2341 N Apache Tr Apache Junction, AZ 85219 Re. Arena Fence Screening Product We are planning on using a polypropylene (PP) Screening fabric on your proposed fence. The color I assume will be beige. The material is woven to a 96% closed pattern The 96% pattern acts as a visual screen, but still allows 156 CFM of air to move through the material This is a very high quality screening material, and should last for many years For more detailed information on this product, you may find it at, ciFabrics corn The product is called "Signature" 96% Sincerely, Phoenix Fence Company Paul Mastin Manager, Access Control Division 3626 S 16T" STREET • PHOENIX, AZ 85040-1311 • TEL (602)276-4283 • FAX. (602)276-0638 John Hetzel -Owner Licensed and Insured 480-650-6003 L-1716775-8 johnnybullfight@yahoo corn Spea ics J Cattle Coa piaat.9 a rodeo covtApany where saFetj afwa.js cou'es first To the Apache Junction City Council , I John Hetzel the owner of Spear J Cattle Co am writing this letter in regards to the safety concerns by the council I have also attached a short company bio for a brief description of what we are all about Your concerns our valid and these are the same concerns every contractor must address across the nation before an event can take place The Public! With out the public we have no event So it is in our best interest to keep the public and our contestants safe We have submitted an arena drawing that is widely used by roughstock contractors throughout the country This format is used locally at the Buffalo Chip ( Cave Creek , Az. ) , Roadrunner Saloon ( New River , Az) , Rawhide Old West Town ( Chandler , Az ) and Western Trails. Some believe that bigger is better but not when working with bulls Having this smaller arena keeps the animals contained in a area that is easier to maintain safety than a 300' arena used for roping We keep everything in close proximity so that our personnel are able to respond at a much quicker rate This allows our bull fighters and contractor personnel to not only respond to our competitors but also to the spectators as well There will also be a safety barrier/fence arround the arena so that no spectators get to close Along with the safety barrier there will also be sufficient lighting so that not only the public is giving a chance to witness great performances but to allow our staff and riders to see and know their surroundings and give everyone ample means of egress I take safety serious The persons that I work with take saftety as serious as I as well After over 18 years participating in this sport as a rider , clown , bull fighter and now a stock contractor I know what it takes to put on a quality event These are just a few examples of a long list of customers that I have worked with as a contractor for the past 5 years Starting with Rawhide , Your once local store Rodeo Hard Youth Event , along with Cowboys for Kids and for the past 2 years nationally known Cave Creeks Running of the Bulls. Each one of these events presented its own safety challenges but when working with people whom I trust and share the same ideals for whats best to keep everyone safe we have had continual success in maintaining exactly what your concerns are about I would like to thank each and everyone of you for giving us the opportunity to bring this event to your city and hope that we are able to come together and bring in some real fun and entertainment to your city. Thank You , John Hetzel - Spear J Cattle Co. b A fr� . I a 0. 7 1 1 T F ww n s ' • ' ,! x W P. It.' 7*-- F :. O w � i l S" aI t!f 1 .dy - AMTEL �p�v A .r n♦ 6a Al ` O•' A mr, jM y itr �x.. f♦ " 1 .' M . 0. ilk;L , - ii, 1511.C. rc / .:. '� ,':.APACHE TRAIL " a"' •`* ,"' Ik WR APACHE TRAIL R R APACHE TRAIL Qo A r+ + +— �T — -L, -:.: - f -nP` ( -.•Rt � µ 'I— 1''Er ;¢ r�•Fr..... _. _ I i APPROXIMATE LOCATION =EAST-WEST MIDSECTION 3 I _ =W SOUTHERN RIGNT#WMY LINE.SECTION 20 Q i, APPROXIMATE LOCATION C K *f A'" EC MONUMENTED CENTERLINE / W Rom' SOUTHERN RIGNT-0F WAY U° . - A. "MN. - R pot ',FC-,E F APACHE TRAIL/HISTORICAL) °O SA w I ` --.-. - 2 WEST IN DORNEIFI w'.� I• w IR APPROXIMATE LOCATION SECTION 20 14L ♦ m �-. p j NORTHERN RIGHTOF-WAY j FOUND MONUMENT • //' O%/MATE LOCATION j O _ NORTHERN PoOHT-0FWAY T //- b - O a ACCEPTED CENTERLINE F-1 .'~� 1 y - i- I---_R° j_ �V O I _ __ — .... t O APACHE TRAIL(HISTORICAL) + . I_ i •A�I t } ,I ." f } } } ^ APACHE TRAIL • ' a APACHE TRAIL. - *44% ao Altramp011rr 's _ " APACHE TRAIL o ��� c 3 PAC " - ` R L. r ' r O Y II l._.._' p ILt '�N�NEI O: _ _._--.. - / I �I .e 0 �°° -- APPROXIMATE LOCATION ]W A. w nu. W EAST-PINS,MIDSECTION s ARPRO)�SATE LOO^��^^..yy^^ O j r I SOUTHERN RIGHT-0E-WAY C7 h.h. �'--� ,_ p PIE SEcibN 30 ♦ SOUTHERN mow • t a C _ N O 0 - t p MOMIMENTED CENTERLINE' -y i 1 -- = Al A�APACHE TRAIL(HISTORICAL) A X ' : F 1 a .. •.+�k Z NovllmewAnttku., , \ : , it , rc Y,,,..... ,,,,,,„vfi 1 .,a F i +ar NORTNERIMATE L-0E-WAYI' y� {v E& i_ i 1 eer,.1 �, � ` , 1 • — / _'A., _ 1 _ .T r �'�A .EAST-WEST MID-SECTION fj. VAST fC1OONNER NN^' R1 APACHE TRAIL ___a,__fi�r I RD - - - \ ,' rs, *b . LINE.SECTION 20 ♦ a XO ---- -__ _ _ 1 • l_ r I A , ro.-r"a' 1' j f +� , rt 1 APPRo7�NAn LOC11n2N j j PS.-;* 7.,M. ♦o mERRRaInaPawrA� g^ m 1 a E�q. I, ,,i. . :;lit ': i! E TiNEST MIDSECTIGN�: , �___A �4.. 7,..- • R `_LME SECTION 20 . 'fir NOTE.PURPORTED LCC \� A ANUNIENTEDCENTERLME OF RI HTOF-WAY i-I .... E APACHE TRAIL(HISTORICAL) ' � . PHELPS PLAT I i1C I-� i I ..!� `w E .t•�F* ' r MF.. .�.; �" 'yell PRELIMINARY RIGHT-OF-WAY EXHIBIT - APACHE TRAIL MOTES KAPM ' •N THSEAHEIT WAs PREPARED/AG.,THE BENEFIT OF A REO I R ,i 6.1 E LOT AND FIGHT AY I TION HE FROM ExISHNO MAvs,A AI/COMM DEEDS THIS MAP •A ^BNmS P,)nwDEwTEDTOREPRESEN MENT OF S ND IED FORLLUSTRA SCALEI,Illlf yovi) ROLL CALL VOTE NOTES ?VI( 1)5V (.)./y • \I\ 0\dk (11) ITEM # , MEETING OF MOTION BY SECONDED BY YES NO ABSTAINED COUNCILMEMBER SERDY COUNCILMEMBER RIZZI COUNCILMEMBER EVANS I COUNCILMEMBER WILSON I COUNCILMEMBER WALDRON \./ VICE MAYOR BARKER V MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL tl,� ANN ,r► ITEM NO. 9 I MOVE THAT THE SECOND AMENDMENT TO THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEEN 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 PROPERTY (BE APPROVED) OR(BE DENIED) OR BE APPROVED WITH THE FOLLOWING AMENDMENTS. PUBLIC HEARING 1. For APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC LOCATED AT 2341 N. APACHE TRAIL. 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. 4� T.,t City of Apache Junction, Arizona 300 EB Superstition Apache Junction,Az 85119 Agenda Item Cover Sheet Agenda Item No 10 File ID: 13-298 Sponsor:Kathy Connelly Agenda Date• 10/1/2013 Index. Local/State/Federal Statutory Requirement In Control.City Council Meeting Application for a permanent extension of premises for Hitching Post LLC located at 2341 North Apache Trail This is a second request in conjunction wtih a bull riding arena development agreement proposed for the location The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control Consideration and action. Attachments.2013 hitching post permanent extension second request cc,2013 hitching post permanent extensio City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 SEPTEMBER 18, 2013 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R. HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JANET R. MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR OCTOBER 1, 2013. APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC An application for a permanent extension of premises has been submitted by Mr Mehmood Mohiuddin for Hitching Post LLC located at 2341 N. Apache Trail in Apache Junction Correspondence has been -eceived from police department and planning division, a copy of which is attached The recommendation from the fire district is still pending and will be forwarded upon its receipt Please note the correspondence from the planning division and the police department Senior Planner Rudy Esquivias stated the development agreement needs to be approved first and all improvement associated with the bull riding arena need to be installed iii accordance with the architect-stamped plan, and if they lose their off-site parking the Extension should be reduced and limited Lieutenant Jeff Robinson is concerned with a variety of safety issues that he has identified and therefore recommends denial The 2 pplicant has been advised of all of these issues A copy of the police department's recommendation and the recommendation of Senior Planner Rudy Esquivias were emailed to the applicant on September 18 The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington lith floor Pribanht Al 4110111.211,34 Dale payment received wWw.azIIquatsgov (602)54 •$i4. CSR Initials APPLICATION FOR EXT ISI.ONpFpREMISES/PATIO PERMIT THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF LIQUOR Permanent change of area of service A non-refundable$50 fee will appy. Specific purpose for change: \C\\Actle_ 4 a ❑Temporary change for date(s)of: / / through / / List specific purpose for change 1. Licensee's Name' \'3113V\� X.MN. Vk-e\.(Y \ Lastk\k \� • Fits 4 \ e\... i\-4._ 1`s 2 MailingAddress: t // state? Zip 3. Business Name L C \(\ ,4- 1-.- LIC NSE# (31.q\'\Q Q 4 Business Address' 2?,�\ Ek. ���((\�� �, -�� ��- \\ Ste 5 Business Phone: toe) ' 3" )SY COUNTY .00 sty Residence Phone:0_00 ta— Z,\- - . - 6 Do you understand Arizona Liquor Laws and Regulations? act YES❑NO Fax#• 6-ki30 S 3- CQ3 Q t 7 Have you received approved Liquor Law Training?❑ NO El YES if so,when does yourertiflcatq expire? / / 8 What security precautions will be taken to prevent liquor violations in the extended area? Qr Le Z•.� 9. Does this extension bring your premises within 300 feet of a church or school? YES ® NO 10. IMPORTANT. ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD. Ej Barrier Exemption an exception to the requirement of barriers surrounding a patio/outdoor serving area may be requested. Barrier exemptions are granted based on public safety,pedestrian traffic,and other factors unique to a licensed premises. List specific reasons for exemption' Investigation Recommendation ❑Approval ODisapproval by Date: / / '""After completing sections 1-10, please take this application to your local Board of Supervisors City Council or Designate for their recommendation. This recommendation Is not binding on the Department of Liquor. This change in premises Is RECOMMENDED by the local Board of Supervisors,City Council or Designate: (Authorized Signature) (Title) (Agency) Ls\P\VCh00 Q (N ,being first duly sworn upon oath,hereby depose,swear and declare, (Print furl n under penalty of perjury, th e APPLICANT making the foregoi application. I have read this application and the contents and all statements ar ,j t 4nd complete. State of 11.11 . County of �` {\LQQ A x - - - • N MY PRESENCE AND SWORN TO before me tj1ts date n u er or A en sum 7 7 3 ..,•__.1.. • y Month My commission expires on /0�/ ' .:' TINA M. ' J 14.. • V\ , _ U MyosiamiumR (Signature of NOTARY PUBLIC) Investigation Recommendation❑Approval ❑ Disapproval by: Date:_/_/_ Director Signature required for Disapprovals Date _/_/ 12/26/2012 *Disabled individuals regwnng special accommodation,please call the Departrnent(602)542-9027 at�•.a,a.•aa.aaa••.w 411.1.a.w a.a.va a.•as.•.saa.s••a�aaa•a.•w�ar•a.a aaoaa..aa.•.r••r ••�•s.*sas.waa Nib. 111 - \ \ \4 Iti,t, \ NIN>H:\:::\NN NNI/N.:-.4\17; -___ .‘z_ 1 r a a..-_____ \\.,,,., \ -,44. \ r-_ IULE E :'!1 i i � I • m ,- -_____—_, 1p 1 \ .. > p __.- if 11) '''''.4%,... 11# • loll- If if ° its1 4114 ' Old 1 . N 1 FF i • 1 ki -1-- _ OWNER:NONWOOM Mdl I1a00 . L wrGNwo POST RESTAURANT . il[10G101!1341 N MA011 TM •'r•••• M A M MADE J ACACK A2!t• la M tr• A•a mire. aA•r •R MI• .... ( aim,. .••.. /M-li-MM! Al It 0I 11 i NE HITCHING POST I � 41 H WY 88 RODEO GROUNDS ■ 2341 N. Apache Trail Apache Junction, AZ 85119 E ig ra ) 1111104 7 r f;1/11/0/e 4 a eit, itt/rteiliWU 0 Home of the Superstition Mountains • August 13, 2013 Mehmood Mohiuddin Hitching Post LLC 2341 N. Apache Trail Apache Junction, AZ 85120 Dear Mr. Mohiuddin: Re Application for Permanent Extension of Premises/Patio Permit for Liquor License Please be advised that your application for Extension of Premises/Patio Permit permanent change of area of service for the liquor license for Hitching Post LLC has been scheduled for a public hearing The public hearing will be at the Apache Junction City Council regular meeting on October 1, 2013, at TOO p.m., at the City Council Chambers, 300 E. Superstition Blvd , Apache Junction, at which time a recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control. It is strongly recommended that you attend this meeting in the event that council has some questions on this application. If you have any questions concerning this matter, please contact my office at 982-8002. Sincerely, Kathleen Connelly City Clerk • Voice(480)982-8002 -FAX(480)982-7018 •TDD(480)983-0095 •www.alclty net 300 E.Superstition Boulevard, Apache Junction,AZ 85119 AUGUST 13, 2013 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERKJ"' SUBJECT APPLICATION FOR PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC Mr. Mehmood Mohiuddin submitted an application for a permanent extension of premises for Hitching Post LLC locatsd at 2341 North Apache Trail, Apache Junction, Arizona. Please conduct the necessary inspections and submit your recommendation by Tuesday, September 17, 2013, in order for this to be heard at the city council meeting of October 1, 2013 Janet Mason From: Rudy Esquivias Sent: Tuesday, September 17, 2013 3'50 PM To: Janet Mason, Jeff Robinson Cc: Troy Mullender; Brad Steinke,Joel Stern, Kathy Connelly; Thomas Kelly Subject: RE permanent extension of premises request by Hitching Post Pizza and Pub-second request Jan: The subject property is zoned CB-2, which permits bars and restaurants outright We understand that this extension of premises request is to allow people to take their alcoholic beverages with them to observe the bull-riding activities, and thus extends to the publicly-accessible fenced-in area to the east of the existing buildings, as well as to the publicly- accessible fenced-in area proposed around the arena (but not into the arena itself, nor into the places where animals will be loaded, unloaded and handled). The Planning Division does not object to this request as long as the development agreement amendment(which is also scheduled to be heard on October 1s`) is approved first; and as long as all of the improvements associated with the bull-nding venue are installed on the property in accordance with the architect- stamped site plan If for any reason, the proprietors of the Hitching Post should lose their off-site parking leases/privileges,which are very necessary for restaurant parking accommodation and for the uccessful operation of the bull-riding venue,then the extension of premises area should be reduced and limited to just the outside patio area immediately to the east of the Hitching Post portion of the building (in other words,the area to which it is limited today) This is just a suggestion,as I don't know if a grant of extension of premises can be conditioned in such a manor Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7:00am to 6 00pm, closed Fridays and Holidays.) From:Janet Mason Sent: Tuesday, August 20, 2013 11:51 AM To: Jeff Robinson; Rudy Esquivias Cc: Troy Mullender Subject: permanent extension of premises request by Hitching Post Pizza and Pub - second request Hitching Post Pizza and Pub is again requesting a permanent extension of premises for the liquor license in conjunction with another request for his bull riding arena project Please have your department recommendation to me no later than Tuesday,September 17, in order for this to be on the October 1 meeting agenda Jeff: Mehmood has requested that the police department contact him prior to the inspection so that he can be present to answer any questions. Telephone number is 602-214-5635. 1 .oriimm. or* Apache Junction Police Department � U .<, Memorandum �: 4 7._0 �a .tyy DATE September 19, 2013 TO Janet Mason Deputy Chief Tom Kelly THROUGH Captain Troy Mullender FROM Lieutenant Jeff Robinson ] SUBJECT. Dash In Extension of Patio Ms. Mason, I have reviewed the application and diagram supplied by Mr Mohiuddin and personally performed a physical inspection of the proposed sight During the inspection I was informed by Mr Mohiuddin that he had an agreement with the Elks Lodge, located north of his business, to use their lower dirt parking Ict as overflow for the proposed bull riding events Since then I spoke with Elks board member Greg Gille, who stated that Mr Mohiuddin did not have permission to use the Elks parking lot as hd did not have a contract. He further stated that the request would have to go before the Elk's Eoard then to the membership before approval, which has not occurred I have driven to and inspected two different restaurants/bars that currently have bull riding events on their property Both of these establishments have been mentioned as similar to the proposed Apache Junction site and stated that the followings of these events go from Bull Riding event to another General in•ormation received from employees of both establishments estimated well over 1000 spectators at each event First was the Buffalo Chip Saloon & Steakhouse located at 6811 East Cave Creek Road in Cave Creek. This is a large restaurant/bar with a large dirt parking lot. The bull riding arena is located off roadway towards the rear of the business. It has two large steel barrier fences and a large wooden fence which surrounds/secretes the entire arena and all spectators The arena cannot be seen from the roadway and there are no signs on the business that would draw any attention to the event from the roadway- The Buffalo Chip Saloon & Steakhouse sits off Cave Creek Road, a four lane roadway, w th paved shoulders and a dirt median. The speed limit on Cave Creek Road is 30 miles an hcur and has a pedestrian crosswalk just east of the Buffalo Chip. The second inspection was at the Roadrunner Restaurant and Saloon located at 47801 North Black Canyon Highway (very -emote area) in New River. This establishment has two large dirt parking lots on the south and west sides of the business The bull riding area is located in the rear of the business and has Iwo large steel fences that surround the arena and a large wooden fence around the arena and s gating areas that block the view of the arena from area traffic. The rear of the arena is adjacent to a large desert area with no businesses or residences noticed The Roadrunner Restaurant and Saloon is on the north east corner of Black Canyon Frontage Road and New River Road Both roadways are two lane paved roadways with paved shoulders and a speed limit of 45 miles per hour The assumptions drawn from the limited information gathered will lead one to believe, if the bull riding circuit travels, the similar attendance should be anticipated. The proposed location of the Dash Inn venue is located directly adjacent to a busy roadway and in the front of the business, not in rear locations in the other examples The speed limit on Highway 88 is 50 miles an hour with one lane north and south, with no paved shoulders and is generally heavily traveled with traffic to and from the lake and other area attractions. The current entrance into the Dash Inn parking area has no paved slowing lane for traffic exiting Highway 88. Vehicles and trailers entering this venue carrying multiple animals will surely slow traffic that is traveling at a posted speed of 50 miles per hour These trucks pulling horse and bulls trailers will travel at the lower speed than that of a passenger car which may cause backups on Highway 88 The size, location, and construction of the arena itself may create additional traffic issues Mr. Mohiuddin told me he has no seating plans for the arena for spectators, they will stand around the arena when the bull riding is ongoing The outer fence is proposed to be constructed of an 8 foot chain link fence with a screen of some type to block the view or travelling drivers on 88 As noted above the other establishments have large wooden fences and the arena is located at the rear of the business not in the front facing a highway Another concern is the possibility of an escaping bull What plans are in place as a preventive measure should a bull escape from the arena and run into traffic In summary, if this venue were to see the same amount of spectators in attendance as noted in the other bull riding establishments then traffic flow, impeded traffic, accidents, parking issues, vehicular and pedestrian control would be problematic. If the venue does not attract the similar number of attendees, as noted at the other remote locations, the issues would be significantly minimized <e District Ace). �F. in prison, edi' 4 - .-ttil � o Apache junction Fire District a ii 1id1z `'4 � ,AL.t s ,� 565 Wor`h Idaho Road, Apache Junction, AZ 85219 �'�fc�ssa`` Phone (480) 982-4440, Fax (480) 982-0183 • MEMORANDUM TO Jan Mason,Deputy City Clerk City of Apache Junction FROM John Suniga,Depu y Fire Marshal DATE: September 19,2013 SUBJECT: Application for Permanent Extension of Premises—2341 N.Apache Trail The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 2341 N Apache Trail, (Hitching Post). We have recently completed an annual fire and life safety inspection with no major violations found We therefor e would recommend approval of this application Thank you for your notification on 1 his matter If you have any further questions regarding this inspection, please feel free to contact my office at 982-4440 Thank You. JOS ATTN Application Janet Mason ee/0 From: Janet Mason Sent: Tuesday, October 01, 2013 3 51 PM To Kathy Connelly Subject: RE permanent extension of premises request by Hitching Post Pizza and Pub-second request Kathy Per Craig from investigations at state liquor, the answers to your questions are: Question 1. No. Question 2• The police department can do walk throughs. State liquor will occasionally do a walk through unless they get a complaint of someone being off the extended premises with a drink,wherein they will go out. Question 3 Yes From: Kathy Connelly Sent: Tuesday, September 17, 2013 4.40 PM To: Janet Mason Subject: FW. permanent extension of premises request by Hitching Post Pizza and Pub - second request Please call the state and ask them (1) if there can be conditions attached to an extension of premises such as if the bull riding venue goes away so does this extension of premises, (2) what is the likelihood of enforcement to make sure patrons stay within the extension area, (3) should the council include reasons for denial if that is the route they wish to take? I need to give all of this information to the council and to Joel Get the name and number of the person you talk to in the event Joel wishes to call them Thanks kc From: Rudy Esquivias Sent: Tuesday, September 17, 2013 3.50 PM To: Janet Mason, Jeff Robinson Cc: Troy Mullender, Brad Steinke, Joel Stern; Kathy Connelly; Thomas Kelly Subject: RE: permanent extension of premises request by Hitching Post Pizza and Pub - second request Jan The subject property is zoned CB-2, which permits bars and restaurants outright We understand that this extension of premises request is to allow people to take their alcoholic beverages with them to observe the bull-riding activities, and thus extends to the publicly-accessible fenced-in area to the east of the existing buildings, as well as to the publicly- accessible fenced-in area proposed around the arena (but not into the arena itself, nor into the places where animals will be loaded, unloaded and handled) The Planning Division does not object to this request as long as the development agreement amendment (which is also scheduled to be heard on October 15t) is approved first; and as long as all of the improvements associated with the bull-riding venue are installed on the property in accordance with the architect- stamped site plan If for any reason,the proprietors of the Hitching Post should lose their off-site parking leases/privileges,which are very necessary for restaurant parking accommodation and for the successful operation of the bull-riding venue,then the 1 ink Adow extension of premises area should be reduced and limited to just the outside patio area immediately to the east of the Hitching Post portion of the building (in other words, the area to which it is limited today) This is just a suggestion, as I don't know if a grant of extension of premises can be conditioned in such a manor. QLC 0E.6gaivic0 Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from 7 00am to 6 OOpm, closed Fridays and Holidays ) From: Janet Mason Sent: Tuesday, August 20, 2013 11:51 AM To: Jeff Robinson; Rudy Esquivias Cc: Troy Mullender Subject: permanent extension of premises request by Hitching Post Pizza and Pub - second request Hitching Post Pizza and Pub is again requesting a permanent extension of premises for the liquor license in conjunction with another request for his bull riding arena project Please have your department recommendation to me no later than Tuesday, September 17, in order for this to be on the October 1 meeting agenda. Jeff: Mehmood has requested that the police department contact him prior to the inspection so that he can be present to answer any questions. Telephone number is 602-214-5635 2 Ask • C VOTE 11 NOTES: 1fl , I) ITEM # 1� MEETING OF MOTION BY• SECONDED BY YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY VICE MAYOR BARKER COUNCILMEMBER WILSON COUNCILMEMBER RIZZI MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ,/N ITEM NO. 10 For approval: I MOVE THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC, SUBMITTED BY MEHMOOD MOHIUDDIN, BE RECOMMENDED FOR(APPROVAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL For denial: I MOVE THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES /'m` FOR HITCHING POST LLC, SUBMITTED BY MEHMOOD MOHIUDDEN, BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL BASED ON (A) THE APPROVAL(DISAPPROVAL) OF THE DEVELOPMENT AGREEMENT AND IMPROVEMENTS ASSOCIATED WITH THE BULL RIDING VENUE AS OUTLINED IN THE EMAIL FROM SENIOR PLANNER/ZONING ADMINISTRATOR RUDY ESQUIVIAS TO DEPUTY CITY CLERK JAN MASON DATED SEPTEMBER 17, 2013; AND (B) THE PARKING AND PUBLIC SAFETY CONCERNS AS OUTLINED IN THE MEMO FROM LIEUTENANT JEFF ROBINSON TO DEPUTY CITY CLERK JAN MASON DATED SEPTEMBER 19, 2013 /'\ PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1394, REZONING CASE PZ-5-13,A REQUEST BY HUDD AND EILEEN HASSELL,REPRESENTED BY EDMIR DZUDZA,TO REZONE A 0.37-ACRE PROPERTY LOCATED AT 2888 W. 16TH AVENUE FROM TRAILER HOMESITES ZONE TO CONVENTIONAL SINGLE-FAMILY RESIDENCE ZONE BY PLANNED DEVELOPMENT. 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. tI4~= Cityof Apache Junction, Arizona 300E Superstition k �' p Boulevard € $', Agenda Item Cover Sheet Apache Junction,AZ 85119 ‘k.k. Agenda Item No.11 File ID: 13-290 Sponsor. Rudy Esquivias Agenda Date: 10/1/2013 Index Outside Scope of Council Priorities In Control• City Council Meeting Proposed Ordinance No 1394 (rezoning case PZ-5-13), a request by Hudd and Eileen Hassell, represented by Edmir Dzudza, to rezone a 0 37-acre property located at 2888 W 16th Avenue, from Trailer Homesites Zone (TH) to Conventional Single-Family Residence Zone by Planned Development (CR-3/PD) Consideration and action. The applicants propose to the rezone the property for the purpose of creating (through a minor land split process) two 50-foot-wide, 5953-square-foot sized lots, which they plan to develop with two new conventionally constructed single-family homes Attachments• PZ-5-13 City Council cover memo, Proposed Ordinance No 1394, Complete copy of P and Z Staff City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 �PPpCHf✓ O n� ti o ru z City of Apache Junction aR 1014^ Development Services Department Date • September 18, 2013 To: Honorable Mayor and City Council Members Through: George Hoffman, City Manager Brad Steirke, Development Services Director From: Rudy Esquivias, Senior Planner/Zoning Admin. Subject . October 1, 2013, City Council Public Hearing Item: PZ-5-13 (Ordinance #1394) Hassell/Dzudza Rezoning Background Hudd and Eileen Hassell, represented by Edmir Dzudza, have applied for arezoni:ig of their 0. 37-acre property located at 2888 W. 16th Avenue, from TH (Trailer Homesites) to CR-3/PD (Conventional Single-family Homes by Planned Development) . Their plan is to split the property into two equal-sized 5, 953- square-foot lots which will be accessed from 16th Avenue, and develop said new lots with new Villagio-style conventional single-family homes The only Planned Development deviations they are asking for are smaller lot sizes and narrower lot widths than would normally be allowed for CR-3 lots in an area with improved streets. Along with the rezoning request, the applicants are also processing their proposed land split map. /IN The property cannot be split unless the rezoning is approved first. Planning and Zoning ;commission Recommendation On August 27th, 2013, the Planning and Zoning Commission held a public hearing regarding this request (P&Z staff report and exhibits attached) The Commission voted to recommend approval of the PD rezoning by a vote of 5 to 0 (two Commissioners absent) . Two neighbors spoke at the public hearing, one in favor of the rezoning and the other with concerns about two-story homes backing up to his residential lot. There was some discussion about how far the backs of the new homes would be to his home to the north of the subject site. It was estimated that there would be about 45 to 50 feet distance from the backs of the new homes to the common property line, then there is another 20 feet distance to the neighbor' s home; for a minimum separation of about 65 to 70 feet, back of home to back of home. The Commission voted in favor of the rezoning subject to the recommended conditions in the staff report except that they .•. changed condition #4 to read as follows: 4) Side yard setbacks for the proposed homes shall be 7-1/2 feet minimum, for a minimum separation of 15 feet between the new homes. The Commissioners also added a new condition #8 to read: 8) The garages shall be located opposite to each other. City Council Work Session: On September 16, 2013, the City Council held a work session discussion on the proposed rezoning. Councilmembers seemed generally amenable to the request and did not raise any concerns or additional questions for the applicants. Ordinance No 1394 is hereby presented for the Council' s decision. The ordinance reflects the Commission' s recom- mendation as approved at their public hearing on August 27th Attachments - Proposed Ordinance No 1394, - PZ Staff Report from August 27, 2013, with all attachments eN ORDINANCE NO. 1394 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASS] FICATION FOR THE PROPERTY DESCRIBED IN REZONING CASE PZ-5-13, A REZONING REQUEST BY HUDD AND EILEEN HASSELL, REPRESENTED BY EDMIR DZUDZA, FROM TRAILER HOMESITES (TH) TO CONVENTIONAL SINGLE-FAMILY RESIDENCE ZONE BY PLANNED DEVELOPMENT (CR-3/PD) ; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. WHEREAS, the subject site is a lot of record in an older part of the City which has mostly been shaped through a series of individual land $plats; and WHEREAS, until recently the subject site was developed with a mobile or manufactured home and a couple of detached accessory buildings which were noncompliant with TH zone setback requirements; and WHEREAS, it is the applicants' desire to improve the property by removing the old structures, rezoning it for conventional homes, splitting it into two equal size lots pursuant to Land Split Case No. LSM-2-13, and developing said new lots with new conventionally-constructed single-family homes; and WHEREAS, street improvements on W. 16th Avenue adjacent to the property and in the immediate neighborhood are in the process of being completed; and in neighborhoods which are served by adequately improved public streets, the city' s Zoning Ordinance provides the opportunity for the creation of smaller lot sizes; and WHEREAS, on August 27, 2013, the Apache Junction Planning and Zoning Commission voted to recommend approval of rezoning case PZ-5-13 by a vo:e of 5-0, subject to certain conditions for the future development of the property; and WHEREAS, the City Council hereby determines that the proposed Planned Development Plan conforms to all of the general criteria as specified in Section 1-15-6 CR-3 Conventional ORDINANCE NO. 1394 PAGE 1 OF 4 Single-Family Residence Zone and Section 1-19-9 General Criteria of the Planned Development Zoning District regulations of the City of Apache Junction Zoning Ordinance (except as otherwise conditioned herein) , including compliance with the General Plan, integration with the surrounding neighborhood, adequate traffic accommodation, adequate public facilities, extension of infrastructure, and that the design and uses should result in Auk enhancements to the social, built, and natural environments in the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That the zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcel of land legally described as: The West 100 feet of the South 159. 06 feet of the East Half of the East Half of the Southwest Quarter of the Northwest Quarter of Section 30, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (also known as Pinal County Assessor' s Parcel No. 102-34-072) ; be and hereby is amended from Trailer Homesites Zone (TH) to Conventional Single-Family Residence Zone by Planned Development (CR-3/PD) , subject to the following conditions of approval : 1) Street improvements for 16th Avenue along the property' s south 40 feet shall be completed as scheduled, but shall include two new driveways for the proposed lots and sewer hook-up connections as appropriate. 2) The proposed homes shall include southwest architectural features insofar as desert tone colors and materials; shall offer ground mounted air conditioning units; and shall be designed with two-car enclosed garages and architectural treatments on all four sides of the buildings so as to preclude flat or blank facades, including pop-outs and roofline and color variations to add visual interest. ORDINANCE NO 1394 PAGE 2 OF 4 e" 3) The homes shall include front yard landscape packages consisting of at least two 24" box trees, four 5-gallon shrubs and decorative half-inch-minus decomposed granite ground covers per home. 4) Side yard setbacks for the proposed homes shall be 7-1/2 feet minimum, for a minimum separation of 15 feet distance between the new homes. eiNs 5) Any attachec covered patios shall also meet setback requirements for the homes. 6) All applicable permits shall be applied for and plans shall be designed to current City codes prior to any construction on the lots. Inclusively, all applicable development fees shall be paid at the time of permits issuance on a per-building basis. 7) The proposed land split shall be in accordance with the land split concept presented with case PZ-5-13, incorporated by reference herein 8) The garages shall be located opposite to each other. SECTION II REPEALING ANY CONFLICTING PROVISIONS: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed SECTION III PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion ems of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconsti- tutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013. SIGNED AND ATTESTED TO THIS DAY OF , 2013. ORDINANCE NO. 1394 PAGE 3 OF 4 JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO 1394 PAGE 4 OF 4 __ _, • +Ids eb _ C r y ofApache Junction ° Development Services Department I . . .. _..�._�.._----'-'--- ----------- - -.____--- PLANNING AND ZONING COMMISSION PUFBLIC HEARING STAFF REPORT DATE: August 27, 2013 CASE NUMBER: PZ-5-13 APPLICANTS/OWNERS: Hudd and Eileen Hassell REPRESENTATIVE: Edmir Dzudza REQUEST: An application requesting rezoning from TH (Trailer Homesites) Zone to CR-3/PD (Con- ventional Single-Family Homes by Planned Development) , for the purpose of splitting the subject lot into two and then con- structing a new home on each new lot . LOCATION: The property is located at 2888 W. 16th Avenue, which is west of the northwest corner of W. 16th Avenue and S. Warner Drive. GENERAL PLAN/ ZONING DESIGNATION: Medium Density Residential at 1 to 6 dwelling units per acre. SURROUNDING USES: North: Manufactured Homes (zoned TH) ; South: Cony. Single-family homes (zoned CR-3MH/PD) ; East : Manufactured Homes (zoned TH) ; West: Cony. and Manuf. single-family homes (zoned CR-2/PD and TH) . BACKGROUND The subject property is located in one of the older parts of town. The neighborhood north of 16th Avenue, west of Delaware, developed over the years with a mix of residential subdivisions and land split prope_-ties. The subject site resulted as a result of TH land spits many years ago. The TH zoning in this PZ-5-13 (Hassell/Dzudza) PAGE 2 OF 6 area predates the incorporation of the City. The lot itself was most recently developed with a manufactured home and a couple of detached accessory buildings. The manufactured home and one of .�. the accessory buildings was non-compliant with TH zone side yard setbacks requirements . Those buildings have now been removed from the site. Presently, the lot is being used to temporarily store equipment and soil for the on-going street improvements on W. 16th Avenue. Also recently, on the south side of 16th in the immediate neighborhood, the Casa Villas and Villagio subdivisions are in the process of being developed. Mr. Hassell has been involved in the realization of both of those developments. Through a development agreement with the City, Mr. Hassell also helped facilitate the further improvement of W. 16th Avenue between the Villagio and Casa Villas subdivisions and extending west to S . Cedar Drive on both sides of the street . 16th Avenue encompasses part of the south side of the subject property, and as part of the right-of-way acquisition for the 16th Avenue improvements, the south 40 feet of the property has already been dedicated to the City. PROPOSAL The applicants have purchased the subject property and seek to improve it by rezoning it to CR-3/PD. Their plan is to split the property into two equal-sized 5, 953-square-foot lots which .•. will be accessed from 16th Avenue, and develop said new lots with new Villagio-style conventional single-family homes. The only Planned Development deviations they are asking for are smaller lot sizes and narrower lot widths than would normally be allowed for CR-3 lots in an area with improved streets. Along with the rezoning request, the applicants are also processing their proposed land split map (see Minor Land Division exhibit attached) . The approval of the proposed land split is contingent on getting rezoning approval; in other words, the property cannot be split unless the rezoning is approved first. PLANNING STAFF ANALYSIS AND FINDINGS Relationship to General Plan: PZ-5-13 (Hassell/Dzudza) PAGE 3 OF 6 The subject site anc. the surrounding properties are designated by the General Plan as "MD" Medium Density Residential, maximum of 6 dwelling units per acre (du/ac) . This development proposal is in compliance with the General Plan. Zoning/Site Context: The requested CR-3/ED zoning is compatible with other medium density single-family zoning districts in the area, including the subdivisions to the south of the site, such as Villagio and Meridian Manor. Larger TH lots also surround the site. Staff believes this development proposal will be a positive improve- ment to the area and will hopefully encourage the redevelopment of more neighboring properties with conventional single-family homes. As mentioned previously, an improvement already done to the lot is the removal of the nonconforming structures. Planned Development Request: As mentioned above, the only Planned Development deviations requested are . 1) the creation of 5, 953-square-foot lot sizes; in an area with improved streets, the CR-3 base zone would normally allow for a minimum 7, 000-square-foot lot; and 2) because of the existing width of the lot, the applicants are asking for two 50-folpt wide lots, instead of 60-foot wide lots normally required in CR-3 . Other than that, the standard setbacks in the CR-3 zone are 20 feet front and rear, and 5 feet and 10 feet on the sLdes, with a maximum 40% lot coverage Because of the deviations listed above, a Planned Development process is necessary for this development . As trade-offs for the PD zoning, Staff will ask for 4-sided architecture, ground- mounted AC units, 2-car enclosed garages and front yard landscape packages for the new lots. Public Input. The applicants' public participation plan is included herein. So far, a few comment cards (attached) have been received from surrounding neighbors ; one in support of the rezoning and two in opposition, but not stating any reasons for opposition. PLANNING AND ZONING COMMISSION WORK SESSION The P&Z Commission held a work session discussion on this rezoning request on August 13 , 2013 . Two main comments were expressed by Commissioners. Commissioner Buzzin requested that PZ-5-13 (Hassell/Dzudza) PAGE 4 OF 6 a comfortable separation distance be provided between the two new homes. Staff commented that the side setbacks normally required for a home on a CR-3 lot are 5' minimum on one side and 10' on the other; we will request that the applicant provide a — minimum of 15' distance between the two new homes. Commissioner Richmond commentea that it would be advantageous for the owners to install their driveway entrances and their sewer taps to the proposed lots now, while the new street construction is going on, rather than having to tear up a new street to install those improvements later. Staff conveyed these comments to Mr. Hassell and Mr. Dzudza. Mr. Hassell commented that the driveways were planned for in advance and have been constructed; and that a sewer hook-up has been provided to the property. He will work with the Sewer District to provide sewer to both lots. PLANNING DIVISION RECOINDATION This is a relatively minor and low intensity planned development rezoning request, but as with any PD rezoning, Staff recommends a few trade-offs for the requested deviations. Staff respectfully recommends to the Commission that they include the following conditions of approval as part of a favorable recommendation to the City Council . RECOMMENDED MOTION FOR PLANNED DEVELOPMENT REZONING I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of planned development rezoning case PZ-5-13, a request by Hudd and Eileen Hassell, represented by Edmir Dzudza, for a rezoning of their 0. 37-acre property located at 2888 W. 16th Avenue, from TH (Trailer Homesites Zone) to CR-3/PD (Conventional Single-family Homes by Planned Development) , for the purpose of creating two new lots (through a land split process) for conventional single- family homes, subject to the following conditions of approval: 1) Street improvements for 16th Avenue along the property' s south 40 feet shall be completed as scheduled, but shall include two new driveways for the proposed lots and sewer hook-up connections as appropriate. PZ-5-13 (Hassell/Dzudzal PAGE 5 OF 6 2) The proposed homes shall include southwest architectural features insofar as desert tone colors and materials; shall offer ground mounted air conditioning units; and shall be designed with two-car enclosed garages and architectural treatments on all four sides of the buildings so as to preclude flat or blank facades, including pop-outs and roofline and color variations to add visual interest. 3) The homes shall include front yard landscape packages consisting of at least two 24" box trees, four 5-gallon shrubs and decorative half-inch-minus decomposed granite ground covers per home. 4) Setbacks for the proposed homes shall be in accordance with standard CR-3 zone setback requirements (20' front, 20' rear, 5 ' and 10' sides) , except that one home shall be setback at least 5 feet from the common property line and the other home shall be setback at least 10 feet from the common property line, resulting in no less than a 15' separation distance between the new homes. 5) Any attached covered patios shall also meet setback requirements for the homes. 6) All applicable permits shall be applied for and plans shall be designed to current City codes prior to any construction on the lots. Inclusively, all applicable development fees shall be paid at the time of permits issuance on a per-building basis. 7) The proposed land split shall be in accordance with the land split concept presented with case PZ-5-13, incorporated by reference herein. The City Council is scheduled to hold a work session discussion on case PZ-5-13 on 1onday, September 16, 2013, and a public hearing on the case on Tuesday, October 1, 2013 . Both meetings will be held at 7pm in the City Council Chambers. PZ-5-13 (Hass tl/Dzudza) PAGE 6 OF 6 f Prepared ,9dy E�squivias €�r 'Senior P1nn /Zoning Administrator Attachments- Exhibit #1 - Rezoning application Exhibit #2 - PZ-5-13 Vicinity Map Exhibit #3 - Aerial image of property Exhibit #4 - Aerial image of surrounding neighborhood Exhibit #5 - Neighborhood outreach letter Exhibit #6 - Comments received from neighbors Exhibit #7 - Proposed Land Split plan CITY OF APACHE JUNCTION REZONING APPLICATION FORM • Owner/Agent Information: Name: 7/t HZ: Dnpvi Telephone: 6p 2 49/- &L� Address: if 7 A) L (LEE.rt) ►rc.7( -t--a11 X 7A2 8502'j Property Information: Zoning Classification Current: — ��-( Requested: CO -3�fu Property Size: 0,4 l acres 0 square feet County Tax Assessor Parcel#: 042- g4-072 Legal Description of Property (found on County Tax Bill Notices): ?F Ri kr) -REE7 Or 7X .S .c F or .74e6 E )/ or 7 SW-4 ef 6 SOU V 4 or v Ai t f c e. to, k grf Or�-7/E 4vp t� Addres ovation of Propert} different om wner Address, above): 20 i3f27 lv /6/ AAf t/0 ,f4E J ,?AJ fl‘Ai A-2 (15I List all improvements to Property: L Dr s'L it 2 CC�C S' .SC K 116 l7�D f�"�; rY /�� r = '' 0. t-f.% Structures/Use of Adjacent Properties: North: S. FT ) South: S � K East: .S .1 ? West: [l"(e Reason for Rezoning Request SO C p TWA'? C1,/1/4f ittt/tt7 t't'E s • List any land-use or environmental impacts that may be expected if property is rezoned: FOR OFFICE USE ONLY Case No.: PZ- -_ Date Filed. _ Application Received By: Fee Amount: $ } I/We certify that: I/We are the owner(s) of the property described in this application for rezoning and have submitted copies of deeds or title reports as proof of ownership. I/We have read the application instructions and have truthfully completed this application. I/We understand that rezoning is conditional upon dedication and time requirements,and that the City has the option of either approval or denial of this request following conduct of a Public Hearing. I/We,being the owner(s) of the property in this application, have appointed - -Pik-ii pa.o 44 as my/our representative agent. I/We have authorized him/her to do whatever is necessary to have this request considered favorably by the City of Apache Junction and agree that all correspondence relating to this matter should be delivered to him/her. PLEAqE PRINT 1Lc(tf see t/ AD, /j_ A 4(:)1 Property Owner Name Sir,cure (1(2 2 it 14/k Let,-, '1 17 Street Address ' -mot AZ PSzor G .62 -6 Z T—oc. City,.State,Zip/ Telephone Property.Owner Signature Street Address City,State,Zip Telephone �/t-ir2 ���?ram :� --r4' Agent Name Signature S/7 a'. b4 C eif,1t1 c.' Street Address P'K JV( X 4z 51[02 S 67Z/48/--9ZeZ City,State,Zip Telephone STATE OF ARIZONA _ . The foregoir strument w s a knowledged Wore lv Lt, SS me t ,,rday of ,201' COUNTY OF�1 w •IltltonM li C,�k (131:*. STEPHANFIE ROTCH3TEIN otar P - —?.. _ _ MckOpi Ceultv- - -- ' .., �MY COMM.Espirm Mu MI.2017 --- -r 4i ► PZ - 5 - 13 PROPOSED REZOIJINU BY HlsSSELL/DZUDZA VROkI 't'N 'TO GR-3/PD FOfL 'NE PURPOSE OP SPLI-rCtN6 LOT AND tONS"fRUCTING NEW CON V$NTIOtifAL NOME.S. W. 6RohDWAY AVE. 3* g 0 tt W. 1ZTH �Q ) AVE. Ij � a o p , . �� W. 16 TH Avg. WeiNIRMIIMMOmM p Z tt �— rms PROJECT • W. S4U714Oi( AVE, • LOGAT/ON MAP SECTION JO TOWNSHIP I NORTH, RANGE 8 EAST C/LA & SALT R/kER MERIDIAN FINAL COUN7Y, AZ NTS ) ) Page 1 of 1 PZ3I3 , AERRL MA Web Mapping Application ESRI ESRI Support Center Help Results Go f1 r,.4 A! '1r� - ! C . _ xT J iP Map Contents " Bier it .. a } �� �J'Brad i+ r,t ,}--t ^g.,,h.II,, 1 ; w Proeir,11102341MA .w Vier ` Pertel 011023400/ ;v I!City Boundary . .' ' DUSTIN j Owner ware •- a0 �@ . P OARO + Parcel Boundaries a Ow r....�...-- — _ rtF @AR R @ARA L r I!'Main Streets ._._.. 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Owner t TREFR STT TiE 3OOROTMYI !!tact., 1 ttpZ1@OPS me Ot IF.4NFRFRRY ANIRP ATM A nmele 1 http://aJ gist/Brad/default.aspx 8/7/2013 Page 1 of 1 PZ5.I3 : NE16U6OII4XD + zowi. W eb Mapping Applicatio 114011110 ESBI Support Center Help _ _ .................. 1 too() :; co 1 Q 0 Q x. rZtOeltP Result ,. �-.- ---,.-_ ,� , } Map Contents «i t;�1► c I i a.. ! 1 i Viz: t €r'- ' is J t .Brad f - E » •'. �. - ' 7 ..' !J.City Boundary f ";� :::•• Pan&.m023a081 1 P1eP1 itfOc3t60S rJ Parcel Boundaries • ' A 4 Ow WARD1IURTA OW; OM iGH T BETH ANN tf t f'Mein Streets f; tI :;Zw t►t Zon: 114 e• AI r..A3 Street s ` r t � . - ,r. if ,__ Public Facilities and Schools - ~ ?<. :. ,--_ W Fire District Stations '-�` Electrical Stations - u' r Power Lines ' a S a' Groundwater Wells lir"' i �. r."1.ti102310e8A .T .a - '� ^-�••�DVSTIN(ESTEtI'lt TA M —Major Washes * -.,...`Zero NIES1 D t i•.r �i , - ctp R' Sewer Service Boundaries '1 4 - if ,Sewer Services Boundary .,., f' R - Existing Parks r i i C t• +i Equestrian Trails ` lir t RC' - s 1°� � a .• * Slice Routes 1, y h ar M �, y _ Mutti_lhe Trails • a� "F „ •w.:- i 3 3, _Muni Use Trails Connections :, `w ! ;« tj Aerial Image alai '. . t • n t'l 'i II!ER,77t0ataO03. ,--M__.�� • ter•QUESNEBERRYyF�ORPESTA 6 DEBRAt N ,ir. 4 - •7 GR-344WPo ,� tic - - 1102i*OrMA ....... _ R, ._.-7 Zoning:cR-3'MWPo w il -.- htt //a is2Brad/default.aspx p= l� 8/7/2013 IN Ilk Lot Split 2888 W. 16th Avenue CITIZEN PARTICIPATION PLAN July 31, 2013 Purpose The purpose of this Citizen Participation Plan is to provide the Town of Apached Junction Staff with information regarding the plan to inform citizens and property owners in the vicinity concerning the Applicant's request to the Town of Apached Junction regarding the Lot Split project located at 2888 W. 16th Avenue.The requests to the City include the following: 1. Rezoning from TH to CR-3/PD; 2. Administrative Lot Split) This information will ensure that those affected by this application will have an adequate opportunity to learn about and comment on the proposed plan addressed in the application. Contact: The person coordinating the Citizen Participation activities is listed below. Edmir Dzudza E-Project, LLC 917 W. Kathleen rd .•. Phoenix, AZ 85023 Phone: 602-481-9282 e-mail: e-project@cox net Actions: In order to provide effective citizen participation in conjunction with this application, the following actions will be taken to provide opportunities for feedback from surrounding property owners: 1. A neighborhood meeting will be held to meet with property owners, citizens and interested parties to discuss the proposed project The notification list for the neighborhood meeting will include all property owners within 300' of the subject property as well as registered neighborhood contacts within 1/2-mile of the property (the registered neighborhood contacts will be provided by the City of Apache Junction Neighborhood Outreach Division). A copy of the letter for the neighborh,od meeting will be provided to the City of Apache Junction in the futurc, once a date and location has been established for the neighborh,od meeting. Minutes and sign-in sheets from the neighborhl)od meeting will also be submitted to the City of Apache Junction 2. For the pi blic hearings, all property owners within 300' of the subject property, plus any and all neighbors who attend and sign-in at the neighborhood meeting will be notified by letter of the public hearings before the Apache Junction Planning and Zoning Board and City Council. 3 Additional neighborhood meetings and/or presentations will be made to groups of citizens and other interested parties as necessary. Attached Exhibits: ■ Property owners within 300'+of the subject property • Notification Map of Surrounding Property Owners within 300' Schedule: Formal Application Submittal-July 01, 2013 Neighborhood Meeting- August08, 2013 Submittal of Final Citizen Participation Report-August 12, 2013 Planning and Zoning Work Session August 13,2013 Planning and Zoning Public Hearing-August 27,2013 City Council Work Session -September 16,2013 City Council Public Hearing -October 01, 2013 a EXHIBIT"A" (Property Owners within 300'of the Subject Property) SEE ATTACHED 7/31/2013 N iimo ` Pinal County Web Map - PINAL.cputTY w 41,J -E bJ.yta#.n.a S i , � o 0 • • zaccvC ,4,4- - ' . are • a• is • • a=. , ICIo o • BP1111111 t -• --:'• o a aaa '� 00# . a ° °� _ �' � g< 'Oct. ,. .L. .j. ... .o, •f' 0 1•.. , , Pinal County does not guarantee the infomlation contained in this 0 map to be an accurate representation of actual exlsling conditions ^, Rezoning Case: PZ-5-13'.Apache Junction Name: Sil e I support this rezoning case Amikk I oppose this rezoning case Comments: 1.1.E 11-1 Ream Case: PZ-5-1.3 1)C 28$8 W,Apace Junction t""" Name: V\.<CA. L.. � 1 Address: . C t t/.1 i;1"(- riI support this rezoning case (1)` 1 [VI oppose this rezoning case �---- Comments: 3 Rezoning Case: PZ-5-13 288E W r Apache Junction r--� Name: Ct�UY-'lty Shull . Address: 2 O1 V� f1Th Cl I support this rezoning case I oppo5e this rezoning case Comments- ri- zotting,%ase: P2-5-3.3 ?3 8 W.Apace 1j0a Narne< f` 1 su,nport.this rezoning rase 1 appose this rezoning case Commeflt P 0EAkil,AZ E;52 --.,, --�- .►.� A` } - �^ ! � F.-Project,LLC 3.1.7 W Kathreen Rd Phoenix,AZ 85013 lMINOR LAND DIVISION >e i 1 At N LEGEND: BEING A PORTION Cr iNE NORTNMCSI OVARIER OF SECTION 30 `+ ,IN pq woo era PC of0/0 us uci )OWNSNIP I NOIP)N RNICE 8 EAST, — — _— Q OpIe aoem earwe A DA R OSCaCf C",A AND Ski RNER MERIDIAN. PINAL COUNTY ARIZOtN (0CAICIAN D KANNW WAN 4SYNIa MS O WPC SWOT imam.At"ILO rAOMn e /DLOI,0/uw Hate I ' 1,--.1B W PI ID IV RT,/1'NIP?tS INN,PUSS POND O uav ca rorM LOCATION MA_P �I IDefsr I AOfMM ft 1£AP aA A Ulf MA NOV*OVBOA tDMP At NIS ," j�.�• LEGAL DESCRIPTION ORIGINAL PARCEL v IAf NCST 100 fen er tIC SOMA,SDA6 FS2r Cr R4 CAST MCI Or PC 1 Q SOUmIAST OCANTLR Or"Kr SCNJIMIfsr DUARTIR Or row NOMTMrcST �1 WANT"Cr SCt1AM JO 7 r N,II PC MD eC Or O SR TARO IL FINAL COW, AMzOAIA. 102-34-069 LEGAL DESCRIPTION PARCEL l+" 102-34-0560 102-34-070B mrsosrwm rorOrxxwss R+ru, DerrcTOrsrw a vmr � ) N 89'43 04" E 100 00' SOU711EAS1 QUARTER OF TIIE SOU/NNCSY OANRIVI 0,MC NONTINIEsr 50 00' t 50.00 p1 OlM4/CR Cr SCC1roN Al I'I N.R e L.OF MC c AND SR a AND AARAM COUNTY,AAIZdM MUM 1 HUDD HASSELL tw TIE SOW"40 FEET nfREor f LEGAL DESCRIPTION PARCEL B" ��' 2888 W 16TH AVE off-RLSY IDS rrtr OF INC SOULS 15f 05{LEI K RK&Sr NNf Or nc 102-34-072 SO•JT CAS?0000E1 or Off saurnlres/Du.Mr1R Of MC N001110 3T �I oWN&OrSEc11ON30,rIMAsc,Or INC OANDSMIAMDAL TOTAL AREA 102-34-073 RYA!.courtly ARIZON1. 102.-34-060 1 159060 SO FT DWIfit LV50MT APO PCsDJDlwOr00mr pl 0 4 ACRES ± GENERAL NOTES ul IC 10 0, ,.nil SOW IPS'moo I/WM WON fit OfSCIWION AS WOOD M a1CN1 00 �_ tl O • ASS4SKD N DOOMf101D1J-0J1SO Ne*S COfMY At I Q Ire p0 N In 2 A MI ABM MS MT IIa MO MN OAS TINNY 1M 1A01651ON1 AMMO 116-— '- '-' NO Mt3RAA11'Of 16601IQ'1 SPAY IDI MINN?T A5COQ Olq;l1,01 RISIACAW c51044 mews,Mr O6ORY CM AP 0nat MI!Der sr=Mt MO CLAW ARE t V 3 0 W SLNOI NO A11PSCLOSC CAL MOIL ION OOP 000 0000O05 0 IMCOID MIL AAY War R6 li :f -r 1 Orr V WMNa At PSI Or MOW fat Aa Ar11CTM Of O6FRq IeIV11O10f Or 6 RODr A NPARCEL "A" PARCEL "8" s..osAewAa6M ere 0.&rumor�rauNaAsrow • 5953 0 SO FT 5953 0 SQ FT — 4.NSRNNAas U¢ .O D AT A A Dr ORSCRM7 0 UIM 0 18 ACRES + 0 18 ACRES + 0 e DCLNNiMTANOO mi 2 N S.OAS SLAW MIS POWWOW le CALM 010110 ITS 4.1424 I 0 50 00' 9 50.00' 9 S 89 43'04" W 100 00' y SURVEYOR CERTIFICATION {d1OS"MA NO Mr CSAIrr ere i AN A;rooter Imo ARMY II NC MI Or PROPOSED 40' b Afvarl NO reef Or CD6NCMY NOLIBBIS A,Utsfr SOW OW WPM NY AKIKIION v' 0 0 come 1e maw or on,101J,nor NM SLO Y a A1AE MD CIOVRIIf AS SMO•NC ---1 O DEDICATED 0 0 110E MI rf111AMMIS SAMU WANLY OOSL MI NAlo/t10506 RN NYC comecar �I ) 8 ci RIGHT OF WAY < o slow ma m1 SW NDIMer S AYE SWAM ID Ma Re We A Ie MOM 0frl a aROW 1502/510 01 �1 . A 986 72' 100 00' OM Q `3— Yett —fJ GMas 1'ADut ASS rslll a — WEST 1/4 CORNER S 89'43'04' W 2631 26' CENTER 1/4 CORNER ( � SECTION 30 BASIS OF BEARINGS SECTION 30 �' 1..\ W 16TH AVENUE tn AIkA , URWYARIZONA If BOOK_ _ . _ . 6G0 r SakYS Ar JDn A C a¢MEMO sac 1n IPAR" _� moors.Ad11Nr4 ASOr1 mom Wow ��_� AOC(ALIT 931-6 03 SUINCOA RONIOCLVNII MO MP ISOUMI?"ASEION{SUB III I Iutxx 4/1401 ISM LOW ma:BM 201-238e EA.(9D)1n-Ott? j AT: OOZE 6/01/201J - JOS Math I)- SLICE.,1%20 i • a► KEYNOTES e 11. C7 ,< f•vi0n••M..nNNM.t•.+wr.. 4!r`.++.Jr.T~..- N�+MHw.....co,*.••rt•Rb•'1..-w•. rt..0 r111i1_ •�"rJ'� t'•'•:wiii•:•i::•' :: •t n=i Si:11e.[�{.'}r •OENENAL NOTES onaril +R+wwu NNE • M 0 Isn aUll o r" va " , • „JO, _ °-- Airi.___). ,F4.-.7,-= • ��J � =11C ._P v t II MI 11 IJI "I . •...ne" r— morn'ELEVATION vo CL 0 7. . al h d .3 E 0 j s d 13 0 Z ' ,11--T • ' s _ .._, .., :,,,...._ ......,,.. ....: _......4 . ......_ • 1: - i ram. .tEg " a x-J-i.C'4 W i ,,,,,••••••••••••••••••••••0•A• - nn.• • .....m.•�• rr•♦ it •''i......:.aIr..••e•a•.•.•n:n: 1 AV' . —�::::��r;r4 y it 0 .. CMZEIMINICI ,I i I • „ 4.`tt ; _ 1,24.4 1=111111.11.7 01.1 RIGHT ELEVATION r KEYNOTES w.::110 M.i.1.r...rrY.....rw` .a..+wn.�wa was •....111.Pw..... Y1.• Y r•. rrw. • i • i . P ON --._ _rh.wriiiiii r:: Y i'..M •.wrw «. ....1, rY.w.w. YMwy iY•M .w:•tr GENERAL NOTES i. Y3r — • _.- -X::::. 1`,'vi .zrr r4" ........rel- . IMh,�n.�WwweW...�ix. we 0 11 11.. ili lolitt.... - ...! 7,,,,,,.-G`.. AO -ir.-44 .... ,.; — == __ , ;ram '' " t � �i 40 v,.t • n 1 ,,,,t El* .:.---------,- 0 0 0 0 • REAR ELEVATION is a t u A E u 0 I I i "` -- 1 F 0 1 6` ° f C 1 r ■ x o -� =ss - C� > ' i I; I,..�, �� ;-I m . w { (f " o.au _ I , amass so I shwas —gy- �- '''.0 �--� i 1N`.Yd LEFT ELEVATION '— A 4.2 ROLL CALL VOTE NOTES: )).1 (Ut (12 ITEM # MEETING OF MOTION BY -W3( SECONDED BY YES NO ABSTAINED COUNCILMEMBER EVANS L ' VICE MAYOR BARKER ✓ COUNCILMEMBER RIZZI COUNCILMEMBER WALDRON ✓ COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES [0 i o 1 ITEM # 4\ MEETING OF MOTION BY SECONDED BY: /YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY COUNCILMEMBER WALDRON J COUNCILMEMBER RIZZI ✓ VICE MAYOR BARKER ✓ COUNCLMEMBER EVANS MAYOR INSALACO UNANIMOU IN FAVOR OPPOSED ABSTAINED TOTAL Ark ITEM NO. 11 I MOVE THAT ORDINANCE NO. 1394 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No. 1394 by title only Majority vote required.) — I MOVE THAT ORDINANCE NO. 1394, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED). I MOVE THAT ORDINANCE NO 1394 AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS. PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 13-34,AUTHORIZING THE SUBMISSION OF A FISCAL YEAR 2014 BROWNFIELDS ASSESSMENT GRANT APPLICATION FOR FUNDS TO CONDUCT A COMMUNITY WIDE PHASE I AND PHASE II ASSESSMENT FOR POTENTIAL PETROLEUM AND HAZARDOUS MATERIALS CONTAMINATION. 2. Will PROGRAM COORDINATOR HEATHER PATEL speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. 0`"� �. City of Apache Junction, Arizona 300 E Superstition • Boulevard F,f Agenda Item Cover Sheet Apache Junction,AZ 85119 €' Agenda Item No. 12 r - ' File ID: 13-280 Sponsor Heather Patel Agenda Date• 10/1/2013 Index. In Control.City Council Meeting Proposed Resolution No 13-34, authorizing the submission of a Fiscal Year 2014 Brownfields Assessment Grant Application for funds to conduct a community wide Phase I and Phase II assessment for potential petroleum and hazardous materials contamination Consideration and action. Staff respectfully requests that the City Council conduct a public hearing regarding the city's proposed Brownfields Assessment Grant application for funds to conduct a community wide Phase I and Phase II Assessment for potential petroleum and hazardous materials contamination. The application process mandates that the city conduct at least two public meetings regarding the project and the proposed grant application The public hearing during the October 1, 2013 Council meeting would be the first such meeting Additional public hearings are scheduled for October 8th and October 17th, 2013 At the conclusion of today's council meeting, staff respectfully requests that the City Council adopt Resolution No 13-34 authorizing the submission of the grant application Attachments. Council Report 10-1-13 Public Hearing, Resolution No 13-34 Brownfields Funds Grant Application Amok City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 1101111kP: City of Apache Junction 4 ' ° Development Services Department MEMORANDUM DATE: September 18, 2013 TO: The Honorable Mayor and City Council THROUGH: Georg() Hoffman, City Manager Brad Steinke, Development Services Director Roger S Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Coordinator SUBJECT. Proposed Resolution No 13-34 Authorizing the Submission of a Fiscal Year 2014 Brownfields Assessment Grant Application for Funds to Conduct a Community Wide Phase I and Phase II Assess ment for Potential Petroleum and Hazardous Materials Contamination REQUEST Staff respectfully requests teat the City Council conduct a public hearing regarding the city's proposed Brownfields Assessment Grant application for funds to conduct a community wide Phase I and Phase II Assessment for potential petroleum and hazardous materials contamination The application process mandates that the city conduct at least two public meetings regarding the project and the proposed grant application. The public hearing during the October 1, 2013 Council meeting would be the first such meeting At the conclusion of the public hearing, staff respectfully requests that the City Council adopt Resolution No. 13-34 authorizing the submission of the grant application BACKGROUND Staff Recommendation Staff recommended to the City Council that such an application be submitted because the Assessments, if funded, could be an economic development tool Before a piece of property can be sold or leased, the lending institution typically requires that a Phase I Assessment be conducted to identify environmental concerns/contamination with the site. The Phase I Assessment, if conducted according to certain standards, also prDvides liability indemnification to the purchaser The cost for the assessment is usually borne by the property owner Depending upon the issues associated with a site, a Phase I Assessment can cost up to $4,000 and a Phase II Assessment can typically cost up to $50,000. The uncertainty associated with the environmental condition of a site and the cost of an assessment can act as impediments to the sale of a property. There are abandoned sites in the downtown area and across the city. Sales of these properties have stalled By including these sites in the city's proposed grant application, it is thought that the city would be assisting the property owners in moving forward with a sale. By removing the burden of the cost of the assessments from the property owner, staff felt that the sale of an abandoned and/or potentially contaminated property might be expedited By providing this service to property owners, economic development in the downtown area and across the city might be stimulated. Also, even though the city does not currently own any of the sites identified for inclusion in the proposed grant application, if ownership did transfer to the city at some future date, the assessments conducted with these grant funds might help to make the city eligible to apply for a Brownfields Cleanup Grant Such a grant could include removal of tanks, removal of pumps, disposal of pavement, coring of building, grading on site, digging up of tanks, and the stabilization of site. Small Business Liability Relief and Brownfields Revitalization Act The Small Business Liability Relief and Brownfields Revitalization Act ("Brownfields Law", P L 107-118) requires the U.S. Environmental Protection Agency ("EPA") to publish guidance to assist applicants in preparing proposals for grants to assess and clean up brownfield sites. EPA's Brownfields Program provides funds to empower states, communities, tribes, and nonprofits to prevent, inventory, assess, clean up, and reuse brownfield sites A brownfield site is defined as real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of hazardous substances, pollutants, contaminants, controlled substances, petroleum or petroleum products, or is mine-scarred land At this time, Apache Junction is eligible to apply for a Brownfields Assessment Grant This grant provides funds to inventory, characterize, assess, and conduct planning (including cleanup planning) and community involvement related to brownfield sites Projects may be site specific or community wide. Grant Funds Funds may be used for the direct costs associated with the inventory, assessment, and cleanup planning for brownfield sites. Assessment grants provide funding for a grant recipient to: • Inventory sites • Characterize sites by identifying past uses • Assess sites by determining existing contamination. • Conduct cleanup ar d redevelopment planning. • Conduct community involvement by informing and engaging the community. Grant funds also may be u 3ed for: 1) direct costs associated with programmatic management of the grant (e g. required performance reporting and environmental oversight) and 2) local governments may use up to 10 percent of the funds for health monitoring, monitoring and enforcement of preventative measures; and/or development and implementation activiti 3s (e g , writing local brownfields-related ordinances). Cleanup of a contaminated site is not an eligible activity under an assessment grant Grants are for up to three years and are on a reimbursement basis. Assessments A site assessment can be either on a specific site (i e. Site Specific Grant) or may include a targeted finite portion of the community or the community as a whole (i e. Community Wide Grant). An assessment may be conducted in two phases A Phase I Assessment involves research into previous use:; of the site and whether a hazardous waste condition is likely to exist. If evidence from this phase suggests a problem, a Phase II Assessment is conducted to discover the Extent of the problem. Either assessment requires the use of an environmental consulter t. Community-Wide Assessmi:nt Grant For community wide asses:.ments, applicants may request up to $200,000 from the hazardous substances funding for sites with potential contamination of hazardous substances, pollutants, or contaminants and up to $200,000 from the petroleum funding for sites with potential petroleum contamination. Applicants may either combine requests for hazardous substances funding and petroleum funding into one proposal if both types of funding will address the same target community for a total not to exceed $400,000, or applicants may submit separate proposals requesting up to S200,000 each for hazardous substances and petroleum funding. As the name implies, a corn munity is able to examine a number of sites within its jurisdiction that may be contaminated by the presence or potential presence of hazardous substances, pollutants, contaminants, controlled substances, petroleum or petroleum products, or is mile-scarred land. Phase I Assessment A Phase I Assessment ("Phase I ESA") is intended to help determine potential environmental liabilities and to establish the basis for further investigative work by: • Identifying certain baseline environmental conditions • Serving as an initial step in site remediation plan preparation • Providing the necessary information to make informed decisions about property transactions. A Phase I Assessment of a site typically includes the following • Interviews of current and past owners and occupants. In the case of abandoned properties, an interview of one or more neighboring property owners is conducted • A review of historical records for a property and its previous owners and uses • A review of government records concerning waste management practices. • A visual on-site inspection of the property • Specialized knowledge or experience of property owner. • Relationship of purchase price to value of the property, if not contaminated. • Commonly known or reasonably ascertainable information about the property. • Degree of obviousness of the presence or likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation Phase II Assessment A Phase II Assessment ("Phase II ESA") is intended to delineate environmental conditions related to a property It should be detailed enough to delineate the nature and extent of contamination both above and below grade on the property. A Phase II Assessment of a site typically includes the following • Soil, soil gas, and groundwater sampling. • Laboratory analysis of samples. • Data interpretation as related to regulations and industry standards DISCUSSION Phase I and Phase II Assessments Given the types of environmental concerns that may be discovered at the sites, staff thought it prudent to request funds for both phases of assessment. Additional Public Meeting Additional public meetings on the proposed grant application has been scheduled for October 8, 2013 at 6:00 p m and October 17, 2013 at 4:00 p.m. Each meeting will be held at the City Council Chambers 300 East Superstition Blvd, Apache Junction, Arizona 85119 A draft of the proposed grElnt application is available for public review in the city's Development Services De)artment (300 East Superstition Boulevard) from 7:00 a m to 6 00 p.m until November 5, 2013 For further information, citi?ens should contact Heather Patel at 480-474-2635 or hpatel©ajcity.net. RECOMMENDATION Staff respectfully recommends that the City Council conduct a public hearing regarding this matter. At the conclusi Dn of the public hearing, staff recommends the adoption of Resolution No 13-34 ACTION REQUIRED Staff respectfully requests :hat the City Council conduct a public hearing regarding the proposed grant application Adoption of Resolution No. 13-34 Attachment One Resoluticn No 13-34 RESOLUTION NO. 13-34 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, APPROVING SUBMISSION OF A GRANT APPLICATION TO THE U.S. ENVIRONMENTAL PROTECTION AGENCY FOR FEDERAL BROWNFIELDS FUNDS FOR THE ASSESSMENT OF COMMUNITY WIDE SITES WITHIN THE CITY OF APACHE JUNCTION, ARIZONA AND DECLARING AN EMERGENCY. WHEREAS, pursuant to 42 U.S.C. § 9601, Congress has made available Brownfields Community Wide Assessment and Clean-Up Funds for local agencies, to include mitigation of petroleum products and hazardous substances; and WHEREAS, within the City of Apache Junctions ("city") , there are properties located throughout the community including in established Redevelopment Areas that in order to be marketable, need to be assessed for environmental compliance under federal and state law; and WHEREAS, it is the desire of the Mayor and City Council to comply with federal and state environmental laws as applicable to certain public property sites, as well as to assist private property owners to comply with federal and state environmental laws in order to enhance the marketability of certain parcels for redevelopment; and WHEREAS, the federal authority referenced above enables the city to fulfill its goals as stated above, by applying for up to $200, 000 for Petroleum Products site assessments and clean-up costs and up to $200, 000 for Hazardous Substances site assessments and clean-up costs; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: 1. The submission of a grant application for federal Brownfields funds to the U.S. Environmental Protection Agency to conduct environmental assessments on high priority Brownfields sites as identified in the City of Apache Junction, Arizona, is hereby authorized and approved. RESOLUTION NO. 13-34 PAGE 1 OF 2 2 . City officers and employees, as delegated by the City Manager, are authorized and directed to perform all acts neceEsary or desirable to give effect to this resolution. . PASSED AND ADOPTED EY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, AR.IZONA, THIS DAY OF , 2013 . SIGNED AND ATTESTED TO THIS DAY OF , 2013 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 13-34. PAGE 2 OF 2 Ask ROLL CALL VOTE NOTES ITEM # MEETINGFO 15 V . MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER RIZZI COUNCILMEMBER WILSON ✓ VICE MAYOR BARKER J COUNCILMEMBER SERDY r COUNCILMEMBER EVANS COUNCILMEMBER WALDRON MAYOR INSALACO u UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL oft, oft ITEM NO. 12 I MOVE THAT RESOLUTION NO 13-34, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, FINAL COUNTY, ARIZONA, APPROVING SUBMISSION OF A GRANT APPLICATION TO THE U.S. ENVIRONMENTAL PROTECTION AGENCY FOR FEDERAL BROWNFIELDS FUNDS FOR THE ASSESSMENT OF COMMUNITY WIDE SITES WITHIN THE CITY OF APACHE JUNCTION, ARIZONA AND DECLARING AN EMERGENCY, (BE APPROVED) OR(BE DENIED) City of Apache Junction, Arizona 300 E Superstition Boulevard �•' Agenda Item Cover Sheet Apache Junction,AZ 85119 I f. Agenda Item No 13 File ID. 13-284 Sponsor Kathy Connelly Agenda Date• 10/1/2013 Index.Local/State/Federal Statutory Requirement In Control City Council Meeting Board and commission appointments and reappointments Council interviewed valid applicants and reappointees for the Board of Adjustment, Library Board, Parks and Recreation Commission and Planning and Zoning Commission at the work session of September 30, 2013 Council may wish to take this opportunity to make appointments to these boards and commissions at this time Consideration and action. Attachments:2013 b&c appointments 1ST session nb Ames City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 SEPTEMBER 10, 2013 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT. AGENDA ITEM FOR OCTOBER 1, 2013 (BOARD & COMMISSION APPOINTMENTS & REAPPOINTMENTS) The council interviewed new applicants and reappointees for board and commission appointments at the work session of September 30, 2013. Copies of talent bank applications for current board and commission members wishing to be reappointed and new applicants were given to council in an accompanying notebook. Included in the notebook was an updated version of the board and commission list showing current vacancies and term expiration dates. You may choose to fill any or none of these vacancies from the pool of applicants. Please contact me if you have need additional information ROLL CALL VOTE NOTES (,)))) , 4c 1,,voi`;''`‘ ‘ ITEM # r 1° MEETING F MOTION BY SECONDED BY YES NO ABSTAINED VICE MAYOR BARKER COUNCILMEMBER WALDRON COUNCILMEMBER WILSON V COUNCILMEMBER EVANS V COUNCILMEMBER RIZZI COUNCILMEMBER SERDY J MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: G� f V ‘11 ITEM # 0 MEETING OF I°(( \ Oka)) MOTION BY: SECONDED BY: YES NO 1 ABSTAINED r COUNCILMEMBER SERDY / ,dr (� COUNCILMEMBER RIZZI 1 3' l/tlY I COUNCILMEMBER EVANS COUNCILMEMBER WILSON COUNCILMEMBER WALDRON 17/ VICE MAYOR BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL i ,/\ ROLL CALL VOTE q/fri NOTES } IP Ask 9. 1 Idly ITEM # I/5 MEETING OF MOTION BY. IC1°111 SECONDED BYis(06/j1) YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY VICE MAYOR BARKER V COUNCILMEMBER WILSON l/ COUNCILMEMBER RIZZI V MAYOR INSALACO V� UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES () „„dei, ITEM # MEETING OF MOTION BY: SECONDED BY: YES ,NO ABSTAINED COUNCILMEMBER EVANS V VICE MAYOR BARKER COUNCILMEMBER RIZZI COUNCILMEMBER WALDRON COUNCILMEMBER SERDY COUNCILMEMBER WILSON /El/ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ` ROLL CALL VOTE NOTES: i V n i 4/ 0 ITEM # MEETING OF °t12) , MOTION BY SECONDED BY ` ` YES NO ABSTAINED COUNCILMEMBER WILSON V COUNCILMEMBER SERDY ii �/ COUNCILMEMBER WALDRON COUNCILMEMBER RIZZI / VICE MAYOR BARKER IJ COUNCLMEMBER EVANS MAYOR INSALACO J UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL �. ROLL CALL VOTE NOTES tp,1 OIRN Oj1/111 ITEM # MEETING OF V MOTION BY: SECONDED BY ' e/tAtillij- YES NO ABSTAINED COUNCILMEMBER RIZZI COUNCILMEMBER WILSON fj VICE MAYOR BARKER I� COUNCILMEMBER SERDY COUNCILMEMBER EVANS ✓ COUNCILMEMBER WALDRON ✓ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL AN. osk ITEM NO. 13 BOARD OF ADJUSTMENT (2 POSITIONS) (motion for new appointment—two new appointees) I MOVE THAT BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM(S)TO EXPIRE ON OCTOBER 31, 2016 LIBRARY BOARD (3 POSITIONS) (motion for reappointment—three wishing to be reappointed) I MOVE THAT BE REAPPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE ON OCTOBER 31, 2016. (motion for new appointment—if needed) I MOVE THAT BE APPOINTED TO THE LIBRARY BOARD FOR A TERM(S)TO EXPIRE ON OCTOBER 31, 2016. PARKS AND RECREATION COMMISSION (2 POSITIONS) (motion for reappointment—two wishing to be reappointed) I MOVE THAT BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION FORA TERM(S) TO EXPIRE OCTOBER 31, 2015. (motion for new appointment—if needed) I MOVE THAT BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2016. PLANNING AND ZONING COMMISSION (2 POSITIONS) (motion for reappointment—one wishing to be reappointed) I MOVE THAT BE REAPPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE ON OCTOBER 31, 2016. (motion for new appointment—one new appointment needed) I MOVE THAT BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM(S)TO EXPIRE ON OCTOBER 31, 2016 A . City of Apache Junction, Arizona ' 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 14 File ID: 13-254 Sponsor. Donna Meinerts Agenda Date: 10/1/2013 Index. In Control:City Council Meeting Council direction to staff on the implementation of a charge for items returned to the city from the bank for non-payment Direction to staff Attachments• City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 ....... } ROLL CALL VO NOTES. ko 4N, , f '��ld .(0 , 0vz r f):i\i Yj Iv 1 1 1ciii X 1 , l(pi(I 0 ITEM # i c MEETING OF ,.` MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER EVANS �,// VICE MAYOR BARKER V1 COUNCILMEMBER RIZZI ✓ COUNCILMEMBER WALDRON ✓ COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACOli// UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL 'L Asik ITEM NO. 14 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING IMPLEMENTATION OF A CHARGE FOR ITEMS RETURNED TO THE CITY FROM THE BANK FOR NON-PAYMENT• T�p'r City of Apache Junction, Arizona 300 E Superstition Boulevard tJ Agenda Item Cover Sheet Apache Junction,AZ 85119 { Agenda Item No 15 File ID: 13-287 Sponsor. Kathy Connelly Agenda Date. 10/1/2013 Index Local/State/Federal Statutory Requirement In Control City Council Meeting Direction to staff on amendments to City Code Chapter 5 Municipal Court regarding a proposed requirement that future deputy city magistrates to be active members of the Arizona State Bar Council discussed code changes at the September 30, 2013 Work Session and may wish to take this opportunity to direct staff to prepare an ordinance amending City Code Chapter 5 Municipal Court. Direction to staff. Attachments.2013 municipal court amendments ws ds City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 SEPTEMBER 11, 2013 MEMORANDUM TO HONORABLE MAYOR AND COUNCIL MEMBERS THROUGH: GEORGE HOFFMAN, CITY MANAGER FROM KATHLEEN CONNELLY, CITY CLERK SUBJECT AMENDMENTS TO APACHE JUNCTION CITY CODE, CHAPTER 5 MUNICIPAL COURT (WORK SESSION, SEPTEMBER 30, 2013; REGULAR MEETING OCTOBER 1, 2013) Council members have expressed an interest in requiring future deputy city magistrates to be active members of the Arizona State Bar. To do so would require an amendment to Apache Junction City Code Chapter 5 Municipal Court Since this code chapter has not been revised since June 2002, this would also be a good opportunity to review the entire chapter for other pos;ible amendments Please let me know if you have any questions ROLL CALL VOTE Ll NOTES. ITEM # MEETING OF 1°11 \ MOTION BY: SECONDED BY: 1' YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY ✓ COUNCILMEMBER WALDRON V COUNCILMEMBER RIZZI ✓ VICE MAYOR BARKER ✓ COUNCLMEMBER EVANS MAYOR INSALACO ✓ UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 15 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING AMENDMENTS TO CHAPTER 5 MUNICIPAL COURT REGARDING A PROPOSED REQUIREMENT THAT FUTURE DEPUTY CITY MAGISTRATES BE ACTIVE MEMBERS OF THE ARIZONA STATE BAR AND OTHER NECESSARY UPDATES TO CHAPTER 5• _ ROLL CALL VOTE NOTES: \,() cs(6 l o , o ITEM # ::T : ING SECONDED " ES NO ABSTAINED COUNCILMEMBER RIZZI V COUNCILMEMBER WILSON VICE MAYOR BARKER COUNCILMEMBER SERDY COUNCILMEMBER EVANS ✓ COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL \\I\ Cf /'l ITEM NO. 16-17 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M , AND A WORK SESSION AT 7'00 P.M., BE HELD ON MONDAY, OCTOBER 14, 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, OCTOBER 15, 2013, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P.M. ROLL CALL WS: CliY) 'J REG if)) SPEC: CITY COUNCIL P / A P / A P / A MAYOR INSALACO V VICE MAYOR BARKER V COUNCILMEMBER EVANS L� V COUNCILMEMBER RIZZI V COUNCILMEMBER SERDY COUNCILMEMBER WALDRON 1/ , COUNCILMEMBER WILSON Y TOTAL CITY STAFF: '9C/ City Manager er George Hoffman 9 Assistant City Manager Bryant / Powell V City Clerk Kathleen Connelly V City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director 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 I La Assistant to the City Manager Matt Busby ( , OTHERS. V Viv