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Home My WebLink About2014 02.18 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers 1U Z at City Hall \ -` �► Agenda 300 E.Superstition Blvd \gilONr Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday, February 18,2014 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 14-92 Acceptance of agenda. Consideration and action. Sponsors: Kathy Connelly 2. 14-93 Approval of minutes of regular meeting of February 4, 2014. Consideration and action. Sponsors: Kathy Connelly Attachments: ccmin 020414 February 4,2014 minutes 3. 14-82 The mayor and council shall consider a request from the Parks & Recreation Department to reject the responses received to the bid for the replacement of fitness equipment at the Multi-Generational Center. Three responses were received to the bid and none met the minimum specifications. Consideration and action. Sponsors: Liz Langenbach City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Meeting Agenda February 18,2014 4. 14-84 Consideration of approval of Resolution No. 14-01 recommending the city's Fiscal Year 2014 Local Transportation Assistance Fund II allocation be directed to the Apache Junction Active Adult Center for support of transportation services and authorizing the mayor to sign a pass-through agreement. Consideration and action. Sponsors: Heather Patel Attachments: Council Report CM 14-01 Resolution No 14-01 Pass Thru Agreement Resolution No. 14-01 FINAL 5. 14-85 Consideration of approval of Resolution No. 14-02 recommending the city sign a subrecipient agreement for the city's Fiscal Year 2014 Community Development Block Grant allocation to be directed to Community Alliance Against Family Abuse for the rehabilitation of their domestic violence shelter and authorizing the mayor to sign a subrecipient agreement. Consideration and action. Sponsors: Heather Patel Attachments: Council Report CM 14-02 Resolution No 14-02 Subrecipient agreement Resolution No. 14-02 FINAL 6. 14-86 Consideration of approval of Resolution No. 14-03 recommending the city repeal Resolution No. 92-18 in order to update the city's complaint and grievance procedure under Title II Americans with Disabilities Act and Title VI Civil Rights Law of 1964. Consideration and action. Sponsors: Heather Patel Attachments: Council Report CM 14-03 and 14-04 Resolution No 14-03 92-18 Resolution No. 14-03 FINAL 7. 14-87 Consideration of approval of Resolution No. 14-04 recommending the city council adopt a new Title II Americans with Disabilities Act and Title VI Civil Rights Law of 1964 complaint and grievance procedure. Consideration and action. Sponsors: Heather Patel Attachments: Council Report CM 14-03 and 14-04 Resolution No 14-04 Complaint process Resolution No. 14-04 FINAL City of Apache Junction,Arizona Page 2 Printed on 611512026 City Council Meeting Agenda February 18,2014 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. 8. 14-83 Presentation by and discussion with Marie Peck of Fetch Foundation. Marie Peck will be presenting FIDO Bags to Mayor John Insalaco, Chief of Police Thomas E. Kelly, and Fire Chief Paul Bourgeois. Presentation and discussion. Sponsors: Roger Hacker 9. 14-95 Presentation and discussion by city staff and Arizona Department of Transportation representatives discussing the status of PW2011-05 Idaho Road (SR 88)/Old West Highway Intersection Safety Improvements. Presentation and discussion. Sponsors: Emile Schmid Attachments: PW2011-05 Memo to council.pdf 10. 14-101 Presentation by and discussion with Chief Paul Bourgeois of the Apache Junction Fire District. Chief Bourgeois will present the mayor and council members a certificate recognizing the city of Apache Junction as a `Heart Safe' Community by Arizona Department of Health Services. This is an important component of not only the efforts of the fire district to increase the health and wellness of the overall community, but community involvement throughout the city. Presentation and discussion. Sponsors: Bryant Powell F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 11. 14-45 City manager's report. Presentation. Sponsors: George Hoffman H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. City of Apache Junction,Arizona Page 3 Printed on 611512026 City Council Meeting Agenda February 18,2014 12. 14-94 Application for a person transfer, location transfer, limited liability company, series 9 liquor license for Date Tree, located at 2925 West Superstition Boulevard. This item was continued at the request of the applicant from the February 4 council meeting in order to remove a sign code violation. The next step in the procedure for a liquor license 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. Sponsors: Kathy Connelly Attachments: 2014 date tree continuation.cc 2014 date tree cc 2014 date tree application part 1 2014 date tree application part 2 2014 date tree 9.not 2014 date tree 9.let 2014 date tree.dep 2014 date tree building recommendation 2014 date tree planning recommendation 2014 date tree pd recommendation 2014 date tree fd recommendation I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 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. 14-96 Discussion on and consideration of scheduling a joint meeting with the School District Board and the Apache Junction City Council. Discussion. Sponsors: Chip Wilson City of Apache Junction,Arizona Page 4 Printed on 611512026 City Council Meeting Agenda February 18,2014 14. 14-97 Presentation and discussion on proposed case PZ-7-13, a request by the Hartley Residual and Sweeney Revocable Trusts, represented by Betty Sweeney, to rezone a 0.71-acre property located at 710 N. Ironwood Drive, from Local Business Zone (CB-1) and Multiple-family Residence Zone (CR-5) to General Commercial District (C-3). Consideration and discussion. Sponsors: Rudy Esquivias Attachments: PZ-7-13 Council Work Session cover memo PZ-7-13 Pub Hrq staff rep w attach 15. 14-98 Presentation and discussion on case SD-2-13, a request by Robb Tyler of Acer Homes LLC, for approval of the final subdivision plat for the Bel Agave Subdivision, located at the southeast corner of E. 16th Avenue and S. Tomahawk Road. Presentation and discussion. Sponsors: Rudy Esquivias Attachments: SD-2-13 Final Plat Council cover memo Ordinance#1393 Pre-plat Res.#13-31 16. 14-103 Presentation and discussion on case PZ-1-14, an application by Walter Quanstrom, represented by Scott Olivier, requesting an appeal of the city's Landscape Code, pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 6 Landscaping, Section 6-1-7 Appeal to City Council. Presentation and discussion. Sponsors: Rudy Esquivias Attachments: PZ-1-14 report and attachments K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. 17. 14-100 Council direction to staff on the Lost Dutchman Monument located adjacent to the Focal Point in downtown Apache Junction. At the July 2, 2013 council meeting staff received direction from council that the appropriate staff allocate time to further research the city's possible role in partnering with the Dons on preserving and enhancing the Lost Dutchman Monument and/or draft a proclamation that demonstrates the city's support of this monument. Staff respectfully requests direction from council to formalize an agreement to partner with the Dons on the purchase and installation of the way-finding signage. The agreement will be brought back to council for final approval. Direction to staff. Sponsors: Jeff Bell Attachments: Staff Report-Dons Monument L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES City of Apache Junction,Arizona Page 5 Printed on 611512026 City Council Meeting Agenda February 18,2014 18. 14-57 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, March 3, 2014. Sponsors: George Hoffman 19. 14-58 Executive Session at 5:45 P.M. for Tuesday, March 4, 2014. Other meetings if necessary. Sponsors: George Hoffman M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker;2)ask the city manager to review a matter;3)ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three (3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. 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 6 Printed on 611512026 ►�P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 1. '+'Piz File ID: 14-92 Sponsor: Kathy Connelly Agenda Date: 2/18/2014 Index: In Control: City Council Meeting Acceptance of agenda. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►�P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.2. '+'Piz File ID: 14-93 Sponsor: Kathy Connelly Agenda Date: 2/18/2014 Index: In Control: City Council Meeting Approval of minutes of regular meeting of February 4, 2014. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 CITY COUNCIL REGULAR MEETING FEBRUARY 4, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on February 4, 2014, 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 : 10 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor 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 Public Safety Director Tom Kelly Parks and Recreation Director Jeff Bell Assistant to the City Manager Matt Busby Others Present: Presiding Magistrate James Hazel Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 1 OF 10 ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO . 14-05, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, EXPRESSING SUPPORT FOR THE RESTORATION OF THE HIGHWAY USER REVENUE FUND DISTRIBUTION TO CITIES, TOWNS, COUNTIES AND STATE HIGHWAYS, BE APPROVED; AND THAT RAYMOND GEISER BE APPOINTED AS MAGISTRATE PRO-TEM FOR A TERM ENDING DECEMBER 31, 2015, BE APPROVED; AND THAT APPROVAL BE GIVEN FOR THE CONTRACT BETWEEN CORE CONSTRUCTION, INC. , AND THE CITY OF APACHE JUNCTION FOR RENOVATIONS TO THE APACHE JUNCTION POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $818, 375; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL OF FINAL FORM BY THE CITY ATTORNEY; AND THAT THE AWARD OF BID FOR PR-14-02, MOBILE STAGE , BE AWARDED TO CENTURY INDUSTRIES FOR A FULLY EQUIPPED, 32' MOBILE STAGE IN AN AMOUNT NOT TO EXCEED $158, 154; AND THAT THE AWARD OF BID FOR PR-14-01, PROSPECTOR PARK SPORT COURT AND AMERICAN DISABILITIES ACT IMPROVEMENTS BE AWARDED TO VALWEST CONSTRUCTION, INC. IN AN AMOUNT NOT TO EXCEED $305, 658 . 93 . Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None . ANNOUNCEMENT OF CURRENT EVENTS REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 2 OF 10 Councilmember Wilson reminded everyone of Lost Dutchman Days on February 20-23 . Discounted tickets are available at the chamber. Councilmember Wilson announced the Arizona Driving Team Competition will be at the rodeo grounds this Saturday. Councilmember Wilson announced the Lost Dutchman Marathon will be here on February 16 with runners from all over the world. Councilmember Rizzi congratulated the students at Four Peaks Elementary for collecting over 4, 500 food items in two weeks to benefit Project Help and the food bank. Councilmember Waldron read a note from the Arizona League of Cities and Towns recognizing City Manager George Hoffman for his dedication to the city and its residents, his high ethical standards and vision for the future . Councilmember Evans reminded everyone there will be a second farmers' market on February 15 at Earth Heart Park at Superstition and Plaza. It will start at 8 : 00 a.m. and run until 2 : 00 p.m. Councilmember Serdy commented the Renaissance Festival starts this weekend and runs through April . Councilmember Serdy announced the DeGrazia exhibit is still running for a couple more months at Superstition Mountain Museum. Councilmember Serdy commented he had an Arizona Tourism Advisory Council meeting today and he used the opportunity to talk about HURF funds . The big urban centers did not get it, but the small cities and towns began nodding their heads . He encouraged everyone to send a message to the legislature. CITY MANAGER' S REPORT City Manager George Hoffman thanked the council for passing the resolution tonight, commented on the HURF funds taken from the city in the past and the parks and recreation department being on the cover of the spring publication of Arizona Parks and REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 3 OF 10 Recreation Association and a corresponding article by Larry Binion. He commented he talked to the attendees of the Citizens Leadership Institute last Thursday and discussed roads with them. PUBLIC HEARINGS APPLICATION FOR A NEW LICENSE, CORPORATION, SERIES 10 LIQUOR LICENSE FOR SHELL FOOD MART #1 ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Mr. Girish Thakkar, Gilbert, one of the applicants, addressed the council . He was there to answer any questions . Councilmember Waldron commented he knows they have been doing some remodeling. He asked if they have a proposed opening date . Mr. Girish Thakkar stated the opening date is dependent on all the permits and licenses . They have to go through a lot of environmental stuff to get the gasoline station up and running since it was closed for more than two years . They have to redo the whole process . They are hoping within the next 60 days, but it depends on the permits and licenses . Mayor Insalaco commented he is glad to see the eyesore will be gone and they will be doing something with it. He then opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. City Clerk Kathleen Connelly stated they can disregard the last two-and-one-half lines of the sample motion. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 4 OF 10 Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A NEW LICENSE, CORPORATION, SERIES 10 LIQUOR LICENSE FOR SHELL FOOD MART #1, SUBMITTED BY RANDY NATIONS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. APPLICATION FOR A PERSON TRANSFER, LOCATION TRANSFER, LIMITED LIABILITY COMPANY, SERIES 9 LIQUOR LICENSE FOR DATE TREE ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Ms . Andrea Lewkowitz, attorney and agent for the applicant, addressed the council . They have been made aware of the violation but she understands that no citation has been issued. Notice has been given to the applicant to remove the sign. Arrangements have been made with the beer distributor, Helmsley and Company, the one who provided the sign. It is her understanding that the notice required the sign to be down by February 16 . They have every intention of getting it down right away and affirmed that will happen. She asked to continue this hearing to the next regularly scheduled meeting if there is going to be a recommendation of disapproval pending the removal of the sign. Then they can come back and say it is done . City Attorney Joel Stern stated he does not know when the city clerk received the request. There is a certain amount of time the council has to REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 5 OF 10 act on it. He thinks they are still well within that if she continues it to the next meeting, which would be February 18 . If they have it down by then and that is the only issue the council has with this license, then it would be for approval . It would have to be taken down or painted over, whatever the development services department allows and would want. Mayor Insalaco asked if that was satisfactory. Ms . Andrea Lewkowitz stated it was . Councilmember Waldron asked why she would prefer to do that as opposed to the council making a conditional motion. Ms . Andrea Lewkowitz stated as long as they can follow up the motion to the state liquor department that specifically says the recommendation has been straightforward. She does not want to have this questioned so that it gets set for a hearing before the state liquor board and then have to ask the city attorney or someone else to clarify at another hearing. If it can be very clear that it is a recommendation for approval subject to removal of the sign, then that is great. Vice Mayor Barker commented she sees no problem with continuing it. City Attorney Joel Stern stated if they continue it then they know that the sign has come down. They would then not have to deal with the zoning issue. He asked her if they wanted the liquor license. Ms . Andrea Lewkowitz stated absolutely. The owner is here with her tonight and specifically confirmed that it will be done. They should have it down by the end of the week. If it takes longer than that, it is because they are scheduling it with Helmsley. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 6 OF 10 Vice Mayor Barker commented it seems that if they continue it, then if it is not down on February 18, it is a no vote. Ms . Andrea Lewkowitz apologized for not having in front of her the original filing. The town must submit a recommendation within 60 days . However, the applicant can waive that time and they would be willing to do that. City Clerk Kathleen Connelly stated we are fine . We originally sent them a letter dated January 14 . 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. Vice Mayor Barker MOVED THAT WE CONTINUE THIS ITEM TO FEBRUARY 18 . Councilmember Wilson SECONDED THE MOTION. VOTE : Unanimous . The motion carried. OLD BUSINESS None. NEW BUSINESS None . DIRECTION TO STAFF None . SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 7 OF 10 Vice Mayor Barker announced there will be no executive session or work session on Monday, February 17, 2014 due to the observation of Presidents Day. She MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON TUESDAY, FEBRUARY 18, 2014, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilmember Waldron SECONDED THE MOTION. There was general discussion on why the motion contained a work session on a regular meeting night. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Mr. Eugene Barin, 1303 E. 18th Avenue, Apache Junction, addressed the council regarding his being threatened by the owner of a tow company whose business is just up the street and alleged the police department is doing nothing about it. Mr. Terry Secor, 1285 N. Main, Apache Junction, addressed the council regarding the towing contract from two years ago and asked them to audit the billing and check for complaints . There was general discussion between Councilmember Rizzi and the city attorney over what actions could be taken during this part of the meeting. Vice Mayor Barker directed whatever staff is appropriate to see about some mediation for Mr. Barin. Mayor Insalaco commented he would like to know about the threats that are going around. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 7 : 33 p.m. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 8 OF 10 Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of January 21, 2014 . 3 . Consideration of Resolution No . 14-05, expressing support for the restoration of the Highway User Revenue Fund distribution to cities, towns, counties and state highways . 4 . Consideration of appointment of Raymond Geiser as magistrate pro-tem for a term ending December 31, 2015 . 5 . Consideration of award of contract to Core Construction, Inc. for renovations to the Apache Junction Police Department in an amount not to exceed $818, 375 . 00 . 6 . Consideration of award of bid to Century Industries for a fully equipped, 32' mobile stage in an amount not to exceed $158, 154 . 00 . ACCEPTED THIS 18TH DAY OF FEBRUARY, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 18TH DAY OF FEBRUARY, 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 9 OF 10 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 4th day of February, 2014 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 5th day of February, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 10 OF 10 CITY COUNCIL REGULAR MEETING FEBRUARY 4, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on February 4 , 2014, 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 : 10 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor 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 Public Safety Director Tom Kelly Parks and Recreation Director Jeff Bell Assistant to the City Manager Matt Busby Others Present : Presiding Magistrate James Hazel Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 1 OF 10 ACCEPTANCE OF CONSENT AGENDA ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 14-05, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, EXPRESSING SUPPORT FOR THE RESTORATION OF THE HIGHWAY USER REVENUE FUND DISTRIBUTION TO CITIES, TOWNS, COUNTIES AND STATE HIGHWAYS, BE APPROVED; AND THAT RAYMOND GEISER BE APPOINTED AS MAGISTRATE PRO-TEM FOR A TERM ENDING DECEMBER 31, 2015, BE APPROVED; AND THAT APPROVAL BE GIVEN FOR THE CONTRACT BETWEEN CORE CONSTRUCTION, INC. , AND THE CITY OF APACHE JUNCTION FOR RENOVATIONS TO THE APACHE JUNCTION POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $818, 375; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL OF FINAL FORM BY THE CITY ATTORNEY; AND THAT THE AWARD OF BID FOR PR-14-02, MOBILE STAGE , BE AWARDED TO CENTURY INDUSTRIES FOR A FULLY EQUIPPED, 32' MOBILE STAGE IN AN AMOUNT NOT TO EXCEED $158, 154 ; AND THAT THE AWARD OF BID FOR PR-14-01, PROSPECTOR PARK SPORT COURT AND AMERICAN DISABILITIES ACT IMPROVEMENTS BE AWARDED TO VALWEST CONSTRUCTION, INC. IN AN AMOUNT NOT TO EXCEED $305, 658. 93 . Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PACE 2 OF 10 I Councilmember Wilson reminded everyone of Lost Dutchman Days on February 20-23 . Discounted tickets are available at the chamber. Councilmember Wilson announced the Arizona Driving Team Competition will be at the rodeo grounds this Saturday. Councilmember Wilson announced the Lost Dutchman Marathon will be here on February 16 with runners from all over the world. Councilmember Rizzi congratulated the students at Four Peaks Elementary for collecting over 4 , 500 food items in two weeks to benefit Project Help and the food bank. Councilmember Waldron read a note from the Arizona League of Cities and Towns recognizing City Manager George Hoffman for his dedication to the city and its residents, his high ethical standards and vision for the future. Councilmember Evans reminded everyone there will be a second farmers' market on February 15 at Earth Heart Park at Superstition and Plaza. It will start at 8: 00 a.m, and run until 2 : 00 p.m. Councilmember Serdy commented the Renaissance Festival starts this weekend and runs through April. Councilmember Serdy announced the DeGrazia exhibit is still running for a couple more months at Superstition Mountain Museum. Councilmember Serdy commented he had an Arizona Tourism Advisory Council meeting today and he used the opportunity to talk about HURF funds . The big urban centers did not get it, but the small cities and towns began nodding their heads. He encouraged everyone to send a message to the legislature. CITY MANAGER' S REPORT City Manager George Hoffman thanked the council for passing the resolution tonight, commented on the HURF funds taken from the city in the past and the parks and recreation department being on the cover of the spring publication of Arizona Parks and REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4 , 2014 PAGE 3 OF 10 Recreation Association and a corresponding article by Larry Binion. He commented he talked to the attendees of the Citizens Leadership Institute last Thursday and discussed roads with them. PUBLIC HEARINGS APPLICATION FOR A NEW LICENSE, CORPORATION, SERIES 10 LIQUOR LICENSE FOR SHELL FOOD MART #1 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Mr. Girish Thakkar, Gilbert, one of the applicants, addressed the council . He was there to answer any questions . Councilmember Waldron commented he knows they have been doing some remodeling. He asked if they have a proposed opening date . Mr. Girish Thakkar stated the opening date is dependent on all the permits and licenses . They have to go through a lot of environmental stuff to get the gasoline station up and running since it was closed for more than two years. They have to redo the whole process. They are hoping within the next 60 days, but it depends on the permits and licenses. Mayor Insalaco commented he is glad to see the eyesore will be gone and they will be doing something with it . He then opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. City Clerk Kathleen Connelly stated they can disregard the last two-and-one-half lines of the sample motion. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4 , 2014 PAGE 4 OF 10 Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A NEW LICENSE, CORPORATION, SERIES 10 LIQUOR LICENSE FOR SHELL FOOD MART ##1, SUBMITTED BY RANDY NATIONS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. APPLICATION FOR A PERSON TRANSFER, LOCATION TRANSFER, LIMITED LIABILITY COMPANY, SERIES 9 LIQUOR LICENSE FOR DATE TREE ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Ms. Andrea Lewkowitz, attorney and agent for the applicant, addressed the council . They have been made aware of the violation but she understands that no citation has been issued. Notice has been given to the applicant to remove the sign. Arrangements have been made with the beer distributor, Helmsley and Company, the one who provided the sign. It is her understanding that the notice required the sign to be down by February 16 . They have every intention of getting it down right away and affirmed that will happen. She asked to continue this hearing to the next regularly scheduled meeting if there is going to be a recommendation of disapproval pending the removal of the sign. Then they can come back and say it is done. City Attorney Joel Stern stated he does not know when the city clerk received the request . There is a certain amount of time the council has to REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 5 OF 10 i act on it . He thinks they are still well within that if she continues it to the next meeting, which would be February 18 . If they have it down by then and that is the only issue the council has with this license, then it would be for approval . It would have to be taken down or painted over, whatever the development services department allows and would want . Mayor Insalaco asked if that was satisfactory. Ms. Andrea Lewkowitz stated it was. Councilmember Waldron asked why she would prefer to do that as opposed to the council making a conditional motion. Ms. Andrea Lewkowitz stated as long as they can follow up the motion to the state liquor department that specifically says the recommendation has been straightforward. She does not want to have this questioned so that it gets set for a hearing before the state liquor board and then have to ask the city attorney or someone else to clarify at another hearing. If it can be very clear that it is a recommendation for approval subject to removal of the sign, then that is great. Vice Mayor Barker commented she sees no problem with continuing it . City Attorney Joel Stern stated if they continue it then they know that the sign has come down. They would then not have to deal with the zoning issue. He asked her if they wanted the liquor license . Ms. Andrea Lewkowitz stated absolutely. The owner is here with her tonight and specifically confirmed that it will be done. They should have it down by the end of the week. If it takes longer than that, it is because they are scheduling it with Helmsley. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 6 OF 10 Vice Mayor Barker commented it seems that if they continue it, then if it is not down on February 18, it is a no vote. Ms. Andrea Lewkowitz apologized for not having in front of her the original filing. The town must submit a recommendation within 60 days. However, the applicant can waive that time and they would be willing to do that . City Clerk Kathleen Connelly stated we are fine. We originally sent them a letter dated January 14 . 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. Vice Mayor Barker MOVED THAT WE CONTINUE THIS ITEM TO FEBRUARY 18 . Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 7 OF 10 Vice Mayor Barker announced there will be no executive session or work session on Monday, February 17, 2014 due to the observation of Presidents Day. She MOVED THAT AN EXECUTIVE SESSION AT 5 :45 P.M. AND A WORK SESSION AT 7 :00 P.M. BE HELD ON TUESDAY, FEBRUARY 18, 2014, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilmember Waldron SECONDED THE MOTION. There was general discussion on why the motion contained a work session on a regular meeting night. VOTE: Unanimous. The motion carried. CALL TO THE PUBLIC: Mr. Eugene Barin, 1303 E. 18th Avenue, Apache Junction, addressed the council regarding his being threatened by the owner of a tow company whose business is just up the street and alleged the police department is doing nothing about it. Mr. Terry Secor, 1285 N. Main, Apache Junction, addressed the council regarding the towing contract from two years ago and asked them to audit the billing and check for complaints. There was general discussion between Councilmember Rizzi and the city attorney over what actions could be taken during this part of the meeting. Vice Mayor Barker directed whatever staff is appropriate to see about some mediation for Mr. Barin. Mayor Insalaco commented he would like to know about the threats that are going around. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 :33 p.m. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 8 OF 10 Consent Agenda Items are as follows : 1. Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of January 21, 2014 . 3 . Consideration of Resolution No. 14-05, expressing support for the restoration of the Highway User Revenue Fund distribution to cities, towns, counties and state highways. 4 Consideration of appointment of Raymond Geiser as magistrate pro-tem for a term ending December 31, 2015 . 5 . Consideration of award of contract to Core Construction, Inc. for renovations to the Apache Junction Police Department in an amount not to exceed $818, 375 . 00 . 6 . Consideration of award of bid to Century Industries for a fully equipped, 321 mobile stage in an amount not to exceed $158, 154 .00 . ACCEPTED THIS 18TH DAY OF FEBRUARY, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 18TH DAY OF FEBRUARY, 2014 . /,-,,TO' HN S . INdALACO ,-.-'Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 9 OF 10 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 4th day of February, 2014 . 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 5th day of February, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 4, 2014 PAGE 10 OF 10 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. '+PizoN* File ID: 14-82 Sponsor: Liz Langenbach Agenda Date: 2/18/2014 Index: In Control: City Council Meeting The mayor and council shall consider a request from the Parks & Recreation Department to reject the responses received to the bid for the replacement of fitness equipment at the Multi-Generational Center. Three responses were received to the bid and none met the minimum specifications. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.4. Piz File ID: 14-84 Sponsor: Heather Patel Agenda Date: 2/18/2014 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 14-01 recommending the city's Fiscal Year 2014 Local Transportation Assistance Fund II allocation be directed to the Apache Junction Active Adult Center for support of transportation services and authorizing the mayor to sign a pass-through agreement. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 PP ACHt i � G,y O U = r Z City of Apache Junction �R1 0 Development Services Department MEMORANDUM DATE: February 5, 2014 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Coordinator SUBJECT: Local Transportation Assistance Fund II Application for Fiscal Year 2014 REQUEST Consideration of approval of Resolution No. 14-01 recommending the city's Fiscal Year 2014 Local Transportation Assistance Fund II (hereinafter"LTAF") allocation be directed to the Apache Junction Active Adult Center(dba East Valley Adult Resources) for support of transportation services and authorizing the Mayor to sign a pass-through agreement. BACKGROUND Pursuant to the court order filed in Paisley v. Darwin, the State Treasurer resumed distribution of multi-state lottery game proceeds to the Public Transportation Fund in Maricopa County in Fiscal Year 2012. To date, the Legislature has not enacted any statute that would supersede the court order and Valley Metro Regional Public Transportation Authority ("RPTA") continues to receive monthly distributions of lottery revenues for public transportation purposes. Lottery revenues for FY2014 are estimated to be $11,224,800. Maricopa County and jurisdictions within the county that receive LTAF funding are required to use the funding for public transportation. There is no local match requirement for these funds. Public transit is defined as any service, vehicle(s), or support facility for a vehicle(s), intended for the purpose of conveying multiple passengers (i.e. typically 5 or more) and which meets applicable state and federal safety and accessibility laws, rules, and regulations. The definition also includes the planning and administrative support for such services. It is the intent of the program to provide funds for the purpose of providing transit service or facilities that is available to the following populations: 0 The general public; • Elderly persons; • Persons with disabilities; • Welfare recipients and"low-income"persons engaged in employment activities. Funding will be distributed directly to eligible jurisdictions in the county and includes Maricopa County, and cities and towns within the county. In the case of private, not-for-profit agencies and private, for-profit transit providers, the city receiving the LTAF funding must enter into an agreement with the proposed operator to provide the transportation service approved by the city council. The agreement, accompanied by council resolution, must be available to Valley Metro RPTA as evidence of the agreement. DISCUSSION To receive the funds allocated to Maricopa County communities, jurisdictions must apply annually. In FY 2014, Apache Junction will receive $865. An application was submitted November 4, 2013 to the Valley Metro Regional Public Transportation Authority. RECOMMENDATION Staff respectfully recommends, the city council approve Resolution No. 14-01 recommending the city's Fiscal Year 2014 Local Transportation Assistance Fund II allocation be directed to the Apache Junction Active Adult Center(dba East Valley Adult Resources) for support of transportation services and authorizing the mayor to sign a pass-through agreement. ACTION REQUIRED Recommendation for approval. Attachment 1: Resolution Number 14-01 Attachment 2: Grant pass-through agreement between the City of Apache Junction and East Valley Adult Resources. RESOLUTION NO. 14-01 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE VALLEY METRO REGIONAL PUBLIC TRANSPORTATION AUTHORITY FOR PARTICIPATION IN ITS FISCAL YEAR 2014 LOCAL TRANSPORTATION ASSISTANCE FUND II PROGRAM. WHEREAS, the City of Apache Junction is desirous of meeting the transportation needs of its citizens; and WHEREAS, East Valley Senior Adult Resources, Inc . , which manages the Apache Junction Active Adult Center, has requested assistance from the City in meeting the transportation needs of senior citizens residing within the City limits; and WHEREAS, pursuant to Arizona Revised Statutes Section 28-8101, et seq. , the Valley Metro Regional Public Transportation Authority ( "RPTA" ) is administering the Local Transportation Assistance Fund (hereinafter "LTAF" ) II Program; and WHEREAS, the activities within this grant address identified community needs; and WHEREAS, a grantee of LTAF II funds is required to comply with the program guidelines and federal statutes and regulations . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : 1) The Mayor and City Council of the City of Apache Junction authorize application to be made to the RPTA for Fiscal Year 2014 LTAF II funds . 2) The City Manager or his designee is authorized to sign an application for receipt and use of these funds in an amount not to exceed $865 . 00 for East Valley Adult Resources, Inc . for its transportation program for the Apache Junction Active Adult Center. 3) The City Manager or his designee, is authorized to take all actions necessary to implement and complete the activities submitted in said grant . 4) The application for Maricopa County LTAF II funds meets the program requirements for the transportation of senior RESOLUTION NO. 14-01 PAGE 1 OF 2 citizens, persons with disabilities and/or the general public . 5) The City of Apache Junction shall comply with all LTAF II guidelines, federal statutes and regulations applicable to the LTAF II Program. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2014 . SIGNED AND ATTESTED TO THIS DAY OF 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-01 PAGE 2 OF 2 When recorded return to: Richard Joel Stern, Esq. Apache Junction City Attorney 300 East Superstition Blvd. Apache Junction, AZ 85119 FISCAL YEAR 2014 GRANT PASS THROUGH AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND EAST VALLEY ADULT RESOURCES THIS GRANT PASS THROUGH AGREEMENT (the "Agreement") is made as of the day of 2014, by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and East Valley Adult Resources, a nonprofit agency ("EVAR"). City and EVAR are sometimes referred to herein collectively as the "Parties," or individually as a "Party." RECITALS A. EVAR is a nonprofit organization which provides social, recreational, fitness, advocacy, and transportation services at the Apache Junction Active Adult Center for Apache Junction residents. B. EVAR desires to utilize Local Transportation Assistance Fund II ("LTAFII") funding for transportation services in Apache Junction. C. The Valley Metro Regional Public Transportation Authority ("RPTA") desires to convey to City a portion of its annual allocation required to be paid to local governments for the benefit of public transportation, pursuant to a court order filed in Paisley v. Darwin, U.S. Dist. Ct (Ariz.), No. CV-10-1253-PHX-DGC, 2011 WL 3875992, resuming distribution of multi-state lottery game proceeds to the Public Transportation Fund in Maricopa County, for disbursement by City to EVAR. D. City desires to disburse the aforementioned contribution to the EVAR and to set forth the mutual understandings between City and EVAR. E. There is a need for mutual cooperation for a pass through of grant funds from RPTA to City and ultimately to East Valley Adult Resources. F. Mutual cooperation would result in EVAR's obtaining assistance from City, which translates to public savings. 1 G. The Parties have mutual interests in this project and wish to enter into this Agreement with certain terms and conditions. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants set forth herein, and for other consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1. ACCURACY OF THE RECITALS: The Parties hereby confirm the accuracy of the Recitals set forth above, which are incorporated herein by this reference. 2. CITY'S OBLIGATIONS: City agrees to do all of the following: a. Disburse the aforementioned RPTA contribution to EVAR. b. Review copies of all reports and documents sent to the RPTA by EVAR related to funded project. 3. EVAR'S OBLIGATIONS: EVAR agrees to do all of the following: a. Hold harmless the City of Apache Junction and its agents for any acts or omissions by City, its elected officials, appointees, and employees. b. Provide to the City of Apache Junction a copy of all reports and documents sent to the RPTA related to funded project no later than 30 days after their submission to RPTA. 4. Purpose. The purpose of this Agreement is to set forth the rights and responsibilities of the Parties with respect to the acceptance and distribution of the contribution to EVAR. 5. Funding Schedule. RPTA shall deliver a one-time payment of $865.00 to the City for disbursement to EVAR for the provision of transportation services at the Apache Junction Active Adult Center ("Center"). The purpose of the contribution is to provide City residents with transportation to the Center, Center Programs, local medical appointments, and local shopping hubs. 6. Term. The Term of this Agreement is one calendar year from the execution date. 2 7. Indemnification and Hold Harmless. EVAR shall indemnify, defend and hold harmless the City, its Mayor and City Council, appointees, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, fees for attorneys, consultants and accountants or costs and expenses of any kind and nature, resulting from or arising out of the negligence or willful misconduct of City, its Mayor and City Council, appointees, employees and agents in performing the duties set forth in this Agreement. 8. Transactional Conflicts of Interest. The Parties acknowledge that this Agreement is subject to cancellation pursuant to the provisions of A.R.S. § 38-511. 9. Waiver. No waiver, whether written or tacit, of any remedy or provision of this Agreement shall be deemed to constitute a waiver of any other provision hereof or a permanent waiver of the provision concerned, unless otherwise stated in writing by the Party to be bound thereby. 10. Severability. City and RPTA 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. 11. No Third Party Beneficiary Rights. The Parties agree that no third party rights attach to this agreement. 12. Applicable 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. In the event either party shall bring suit to 3 enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 13. Indemnification: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Consultant, its agents, employees, or any tier of Consultant's subcontractors in the performance of this Agreement. Consultant's duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, 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 Consultant's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Consultant, any tier of Consultant's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Consultant may be legally liable. 14. Notices: Except as otherwise required by law, any notice required or permitted under this Agreement shall be in writing and shall be given by personal delivery, or by deposit in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed to the Parties at their respective addresses set forth below, or at such other address as a Party may designate in writing pursuant to the terms of this Section, or by telecopy or telefacsimile machine, or by any nationally recognized express or overnight delivery service (e.g. Federal Express or UPS), delivery charges prepaid: If to City: City of Apache Junction Attn: City Manager 300 E. Superstition Blvd. Apache Junction, Arizona 85119-2899 Telephone: (480) 474-5066 Facsimile: (480) 474-5110 If to EVAR: East Valley Adult Resources Attn: Executive Director 45 West University Suite A - Mesa, Arizona 85201 4 Telephone: (480) 964-9014 Facsimile: (480)898-7306 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. EAST VALLEY ADULT RESOURCES, an Arizona nonprofit organization By: Dan Taylor Its: President and CEO CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco Its: Mayor ATTEST: By: Kathy Connelly, City Clerk APPROVE AS TO FORM: By: Richard J. Stern, City Attorney 5 RESOLUTION NO. 14-01 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE VALLEY METRO REGIONAL PUBLIC TRANSPORTATION AUTHORITY FOR PARTICIPATION IN ITS FISCAL YEAR 2014 LOCAL TRANSPORTATION ASSISTANCE FUND II PROGRAM. WHEREAS, the City of Apache Junction is desirous of meeting the transportation needs of its citizens; and WHEREAS, East Valley Senior Adult Resources, Inc. , which manages the Apache Junction Active Adult Center, has requested assistance from the City in meeting the transportation needs of senior citizens residing within the City limits; and WHEREAS, pursuant to Arizona Revised Statutes Section 28-8101, of .seq. , the Valley Metro Regional Public Transportation Authority ("RPTA") is administering the Local Transportation Assistance Fund (hereinafter "LTAF") II Program; and WHEREAS, the activities within this grant address identified community needs; and WHEREAS, a grantee of LTAF II funds is required to comply with the program guidelines and federal statutes and regulations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : 1) The Mayor and City Council of the City of Apache Junction authorize application to be made to the RPTA for Fiscal Year 2014 LTAF II funds. 2) The City Manager or his designee is authorized to sign an application for receipt and use of these funds in an amount not to exceed $865. 00 for East Valley Adult Resources, Inc. for its transportation program for the Apache Junction Active Adult Center. RESOLUTION NO. 14-01 PAGE 1 OF 2 I 1 3) The City Manager or his designee, is authorized to take all actions necessary to implement and complete the activities submitted in said grant. 4) The application for Maricopa County LTAF IT funds meets the program requirements for the transportation of senior citizens, persons with disabilities and/or the general public. 5) The City of Apache Junction shall comply with all LTAF IT guidelines, federal statutes and regulations applicable to the LTAF TT Program. PASSED AND ADOPTED BY THE MAYOR AND CITY COUN(;;l OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2014 . SIGNED AND ATTESTED TO THIS l DAY OF 2014 . & N S. INSALAC5 ay - - or ATTEST: City Clerk APPROVED AS TO FORM: C 'Z- RICHARD4K, J. STERN City Attorney RESOLUTION NO. 14-01 PAGE 2 OF 2 When recorded return to: Richard Joel Stern, Esq. Apache Junction City Attorney 300 East Superstition Blvd. Apache Junction, AZ 85119 FISCAL YEAR 2014 GRANT PASS THROUGH AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND EAST VALLEY ADULT RESOURCES THIS GRANT PASS THROUGH AGREEMENT (the "Agreement") is made as of the/J�t day of a0Z 2014, by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona nAunicipal corporation ("City") and East Valley Adult Resources, a nonprofit agency ("EVAR"). City and EVAR are sometimes referred to herein collectively as the "Parties," or individually as a "Party. RECITALS A. EVAR is a nonprofit organization which provides social, recreational, fitness, advocacy, and transportation services at the Apache Junction Active Adult Center for Apache Junction residents. B. EVAR desires to utilize Local Transportation Assistance Fund 11 ("LTAFII") funding for transportation services in Apache Junction. C. The Valley Metro Regional Public Transportation Authority ("RPTA") desires to convey to City a portion of its annual allocation required to be paid to local governments for the benefit of public transportation, pursuant to a court order filed in Paisley v. Darwin, U.S. Dist. Ct (Ariz.), No. CV-10-1253-PHX-DGC, 2011 WL 3875992, resuming distribution of multi-state lottery game proceeds to the Public Transportation Fund in Maricopa County,for disbursement by City to EVAR. D. City desires to disburse the aforementioned contribution to the EVAR and to set forth the mutual understandings between City and EVAR. E. There is a need for mutual cooperation for a pass through of grant funds from RPTA to City and ultimately to East Valley Adult Resources. F. Mutual cooperation would result in EVAR's obtaining assistance from City, which translates to public savings. G. The Parties have mutual interests in this project and wish to enter into this Agreement with certain terms and conditions. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants set forth herein, and for other consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1. ACCURACY OF THE RECITALS: The Parties hereby confirm the accuracy of the Recitals set forth above, which are incorporated herein by this reference. 2. CITY'S OBLIGATIONS: City agrees to do all of the following: a. Disburse the aforementioned RPTA contribution to EVAR. b. Review copies of all reports and documents sent to the RPTA by EVAR related to funded project. 3. EVAR'S OBLIGATIONS: EVAR agrees to do all of the following: a. Hold harmless the City of Apache Junction and its agents for any acts or omissions by City, its elected officials, appointees, and employees. b. Provide to the City of Apache Junction a copy of all reports and documents sent to the RPTA related to funded project no later than 30 days after their submission to RPTA. 4. Purpose. The purpose of this Agreement is to set forth the rights and responsibilities of the Parties with respect to the acceptance and distribution of the contribution to EVAR. 5. Funding Schedule. RPTA shall deliver a one-time payment of $865.00 to the City for disbursement to EVAR for the provision of transportation services at the Apache Junction Active Adult Center ("Center"). The purpose of the contribution is to provide City residents with transportation to the Center, Center Programs, local medical appointments, and local shopping hubs. 6. Term. The Term of this Agreement is one calendar year from the execution date. 2 7. Indemnification and Hold Harmless. EVAR shall indemnify, defend and hold harmless the City, its Mayor and City Council, appointees, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, fees for attorneys, consultants and accountants or costs and expenses of any kind and nature, resulting from or arising out of the negligence or willful misconduct of City, its Mayor and City Council, appointees, employees and agents in performing the duties set forth in this Agreement. 8. Transactional Conflicts of Interest. The Parties acknowledge that this Agreement is subject to cancellation pursuant to the provisions of A.R.S. § 38-511. 9. Waiver. No waiver, whether written or tacit, of any remedy or provision of this Agreement shall be deemed to constitute a waiver of any other provision hereof or a permanent waiver of the provision concerned, unless otherwise stated in writing by the Party to be bound thereby. 10. Severability. City and RPTA 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. 11. No Third Party Beneficiary Rights. The Parties agree that no third party rights attach to this agreement. 12. Applicable 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. In the event either party shall bring suit to 3 enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 13. Indemnification: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions,fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Consultant, its agents, employees, or any tier of Consultant's subcontractors in the performance of this Agreement. Consultant's duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, 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 Consultant's acts, errors, mistakes, omissions,work or services In the performance of this Agreement including any employee of Consultant, any tier of Consultant's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Consultant may be legally liable. 14. Notices: Except as otherwise required by law, any notice required or permitted under this Agreement shall be in writing and shall be given by personal delivery, or by deposit in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed to the Parties at their respective addresses set forth below, or at such other address as a Party may designate in writing pursuant to the terms of this Section, or by telecopy or telefacsimile machine, or by any nationally recognized express or overnight delivery service (e.g. Federal Express or UPS), delivery charges prepaid: If to City: City of Apache Junction Attn: City Manager 300 E. Superstition Blvd. Apache Junction, Arizona 85119-2899 Telephone: (480)474-5066 Facsimile: (480)474-5110 If to EVAR: East Valley Adult Resources Attn: Executive Director 45 West University Suite A- Mesa, Arizona 85201 4 Telephone: (480) 964-9014 Facsimile: (480)898-7306 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. EAST VALLEY ADULT RESOURCES, an Arizona nonprofit organization � � <41— By: Dan Taylor Its: President and CEO CITY OF APACHE JUNCTION,ARIZONA, an Arizona municipal corporation J�ohn S. Irthalaco : Mayor ATTEST: By: Kathy Connelly, City Clerk APPROVE AS TO FORM: By: Richard J. Stern, City Attorney 5 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 5. Piz File ID: 14-85 Sponsor: Heather Patel Agenda Date: 2/18/2014 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 14-02 recommending the city sign a subrecipient agreement for the city's Fiscal Year 2014 Community Development Block Grant allocation to be directed to Community Alliance Against Family Abuse for the rehabilitation of their domestic violence shelter and authorizing the mayor to sign a subrecipient agreement. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 PP ACHt i � G,y O U = r Z City of Apache Junction �R1 0 Development Services Department MEMORANDUM DATE: February 5, 2014 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Coordinator SUBJECT: Subrecipient Agreement for Fiscal Year 2014 Community Development Block Grant Funds REQUEST Consideration of approval of Resolution No. 14-02 recommending the city sign a subrecipient agreement for the city's Fiscal Year 2014 Community Development Block Grant("CDBG") allocation to be directed to Community Alliance Against Family Abuse ("CAAFA") for the rehabilitation of their domestic violence shelter and authorizing the Mayor to sign a subrecipient agreement. BACKGROUND The city completed the public participation process for the use of its Fiscal Year 2014 CDBG funding. On November 19, 2013, the city council voted to approve the request for funding from CAAFA to perform community facility improvements to their domestic violence shelter and supportive services building. These improvements must result in the building being Americans with Disabilities Act ("ADA") accessible and compliant with local building codes. Specific improvements include: Original Shelter Building Remodel: There are two buildings at Subrecipient's shelter property, the current shelter and the original shelter building. The original shelter building is 1119 square feet and was built in 1955. The original shelter building has recently been used for storing items that are needed to provide housing (toilet paper, clothing, cleaning supplies, bedding, etc) and a children's room that has various toys, activities, arts and crafts, and play costumes. The original shelter building also has an Arizona room. Renovating the existing original shelter building and building an addition where the Arizona room currently stands would increase Subrecipient's capacity to meet the needs of the women and children served. Neither the current nor the original building have adequate privacy which makes having emotionally painful conversations even more difficult and provides significant challenges to confidentiality. The two rooms that are currently used for storage would be used as staff offices and meeting space. This would enhance Subrecipient's ability to provide services and respect for the confidentiality of residents by making separate spaces available to meet, rather than meeting in the common areas or in the front yard, back yard, or playground area to work on case management goals and receive emotional support. The addition, that is currently an Arizona room, would become storage and a bed-bug decontamination area. Within the last year Subrecipient has had two bedbug infestations. Subrecipient takes many steps to prevent bed bugs from entering the shelter. Even with these protocols, Subrecipient has had bed bug outbreaks, affecting both the residents and staff. The cost of decontaminating the shelter is expensive and being bitten by bed bugs and having to relocate to a hotel while the shelter is undergoing treatment is most traumatizing to the people served. The bed bug decontamination area would have a separate entrance, a washer and dryer to treat clothing and other items that may be transporting bed bugs, and shelves to store items that cannot be decontaminated. The storage room entrance would be from inside the original shelter building and not connected to the bed bug decontamination area. The remodel would include new flooring and interior and exterior paint, all of which are in poor condition. The estimated cost of the remodel is $29,000.00. Original Shelter Building Repair: In August, the ceiling in the original shelter building began to collapse. The cause of the collapse has been determined to be age and termite damage. Due to the collapse the original shelter building is currently not in use. The play area cannot be accessed by children and storage is a significant challenge facing shelter operations. The proposed repair to the original shelter building would entail the repairing ceiling, beams, drywall, and painting. The cost of repairing the existing damage is estimated to be $25,000.00. Site Security: The renovation of the original shelter building will result in the shelter staff working out of that building. The security cameras and system will need to be relocated from the current shelter building to the new offices in the original shelter building. An existing security concern at the shelter is the height of the block wall that surrounds the sides and back of the properly. The block wall height varies between 5 and 6 feet and is easy to scale. This summer, an individual who was inebriated scaled the wall and attempted to enter the shelter through the front and back doors. Later in the summer an individual residing nearby overheard one of Subrecipient's Horse Therapy sessions and looked over the wall to inquire about the horses and what was occurring. Thankfully, neither of these incidents resulted in harm to any residents or staff members; however, they both are very concerning for safety and confidentiality reasons. Subrecipient proposes to raise the block wall to 8 feet, in order to prevent it from being easily scaled and offer more privacy for residents and their activities. The property is zoned C2 and with the proper engineering plans and approved permits the wall could be raised to 8 feet and still be within zoning guidelines. The cost of moving the security system is $5,000 and the cost of raising the block wall height to 8 feet is $8,000. The total cost of site security improvements is $13,000.00. Parking Improvements: Subrecipient currently has two paved parking spaces inside the secure part of the property. This does not accommodate staff, the Subrecipient's van, and participant's parking. Also, the parking can be seen from the street causing safety and security concerns for participants. The women staying at Subrecipient's shelter,park behind the shelter building in a dirt lot. Because of monsoons and dust storms this lot is uneven and often riddled with pot holes. Subrecipient would like to pave part of the area behind the shelter to create a more safe and secure parking area. The estimated cost of paving the 7,000 square foot parking area is $21,000. Improvements to Current Shelter Building The current shelter building is 2,576 square feet and was built in 2005. The flooring is linoleum and is not standing up well to the wear and tear of 16 people, half of whom are children. Subrecipient would like to replace the linoleum and upgrade to tile. The cost of tiling the current shelter building is $21,000. CAAFA requested$109,000 for these improvements. Based upon the projections of CDBG funding, it is anticipated $100,000 will be provided to CAAFA for the improvements. However, the agreement stipulates, CAAFA may receive no more than $109,000, if funding permits. CAAFA will be required to pay for any overages. DISCUSSION The city's application for Fiscal Year 2014 CDBG funding is due June 1, 2014. In preparation of the application submittal a subrecipient agreement must be completed. This item was discussed before the city council during the February 3, 2014 work session. RECOMMENDATION Staff respectfully recommends, the city council approve Resolution No. 14-02 recommending the city's Fiscal Year 2014 CDBG allocation be directed to CAAFA for the rehabilitation of their domestic violence shelter and authorizing the Mayor to sign a subrecipient agreement. ACTION REQUIRED Recommendation for approval. Attachment 1: Resolution Number 14-02 Attachment 2: Subrecipient Agreement RESOLUTION NO. 14-02 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING A SUBRECIPIENT AGREEMENT WITH COMMUNITY ALLIANCE AGAINST FAMILY ABUSE FOR FISCAL YEAR 2014 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS . WHEREAS, the City of Apache Junction is desirous of meeting the needs of its citizens; and WHEREAS, Community Alliance Against Family Abuse ( "CAAFA" ) , which operates the local domestic violence shelter, has requested assistance from the city in meeting the needs of citizens residing within the city limits; and WHEREAS, the activities within this agreement address identified eligible needs; and WHEREAS, a grantee of Community Development Block Grant ( "CDBG" ) funds is required to comply with the program guidelines and federal statutes and regulations . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : 1) The Mayor and City Council of the City of Apache Junction authorize a subrecipient agreement be made for receipt of Fiscal Year 2014 CDBG funds . 2) The Mayor or his designee is authorized to sign a subrecipient agreement for receipt and use of these funds in an amount not to exceed $109, 000 . 00 for CAAFA to complete renovations to their shelter and facilities . 3) The City Manager or his designee, is authorized to take all actions necessary to implement and complete the activities submitted in said agreement and application. 4) The agreement and application for CDBG funds meets the program requirements for the CDBG program and the Arizona Department of Housing. 5) The City of Apache Junction shall comply with all CDBG guidelines, federal statutes and regulations applicable to the CDBG Program. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF RESOLUTION NO. 14-02 PAGE 1 OF 2 APACHE JUNCTION, ARIZONA, THIS DAY OF 2014 . SIGNED AND ATTESTED TO THIS DAY OF 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-02 PAGE 2 OF 2 SUBRECIPIENT FUNDING AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND COMMUNITY ALLIANCE AGAINST FAMILY ABUSE This AGREEMENT entered into as of this day of , 2014 by and between the City of Apache Junction, an Arizona municipal corporation, (hereinafter referred to as "Grantee") and the Community Alliance Against Family Abuse, (hereinafter referred to as "Subrecipient"), both of which may also be referred to as the "Parties" collectively or a "Party" individually. RECITALS A. Pursuant to Title I of the Housing and Community Development Acts of 1974, as amended, Grantee has applied for and received a Community Development Block Grant (hereinafter "CDBG") for certain CDBG activities, from the State of Arizona Department of Housing (hereinafter"Housing"), CDBG Program. B. The Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds. AGREEMENT The Parties acknowledge and agree as to the following grant terms and conditions: A. STATEMENT OF WORK 1. CDBG Contract#:FY2014 Regional Account Application 2. Number and Name of Activity(ies): Community Facilities Improvements - Shelter 3. Description: (See ATTACHMENT 1) 4. Budget: Agreement Total: $100,000.00 (see ATTACHMENT II for details). B. NATIONAL OBJECTIVES Subrecipient certifies each activity carried out with funds provided under this Agreement will meet one of the following CDBG Program's National Objectives: 1) benefit low/moderate income persons; or 2) aid in the prevention or elimination of slums or blight; or 3) meet community development needs having a particular Housing approved urgency. C. PERFORMANCE MONITORING Grantee will monitor the performance of Subrecipient against goals and performance standards required herein. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within a reasonable period of time after being notified by Grantee, contract suspension or termination procedures will be initiated. (See Section 1.10.) D. NOTICES Communication and details concerning this contract shall be directed to the following contract representatives: GRANTEE SUBRECIPIENT Name: City of Apache Junction Community Alliance Against Family Abuse Heather Patel Elizabeth Ditlevson Garman Title: Grants Coordinator Executive Director Address: 300 E. Superstition Blvd. P.O. Box 3778 Apache Junction, AZ 85119 Apache Junction, AZ 85117 Telephone: (480)474-2635 (474) 982-0205 Email: hpatel(o)aicity.net elizabethg(o-)_caafaaz.org E. GRANTOR RECOGNITION Subrecipient shall ensure recognition of the role of Grantee and Housing in providing services through this Agreement. All activities, facilities and items utilized pursuant to this contract shall be prominently labeled as to the funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. 1. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of Subrecipient or by any employee of Subrecipient. Subrecipient shall advise Housing or its designee at the time of delivery of any copyrighted or subject to copyright work furnished under this Agreement, or any adversely held copyrighted or subject to copyright material incorporated in any such work and of any invasion of the right of privacy therein contained. 2. Housing may duplicate, use, and disclose in any manner and for any purpose whatsoever, within the limits established by federal and state laws and regulations, all information relating to this Agreement. F. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the Parties. Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. Grantee shall be exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance and workers' compensation insurance as Subrecipient is an independent contractor. G. WORKERS COMPENSATION Subrecipient shall provide workers' compensation insurance coverage for all of its employees involved in the performance of this Agreement. H. GENERAL CONDITIONS 1. Responsibility for Grant Administration: Grantee is responsible for ensuring the administration of CDBG funds in accordance with all program requirements. The use of subrecipients or contractors does not relieve the Grantee of this responsibility. Grantee is also responsible for determining the adequacy of performance under all Subrecipient agreements and procurement contracts and for taking appropriate action when performance problems arise. 2. Payment: It is expressly agreed and understood by Grantee the total amount to be paid to Subrecipient under this Agreement by Grantee shall not exceed $109,000. Drawdowns for the payment of eligible expenses shall be made against the line item budgets, after prior approval of Grantee. All requests for payments ("RFP") must meet the CDBG guidelines, as outlined in Chapters 2, 3, and 4 of the CDBG Grant Administration Handbook available online at www.azhousing.gov. 3. General Compliance: Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations ("CFR"), Part 570 (the United States Department of Housing and Urban Development ("HUD") regulations concerning the CDBG program). Subrecipient also agrees to comply with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 4. Term of Agreement: This Agreement shall take effect on or about January 2015, through and including the 31s'day of December 2015. 5. Insurance and Bonding: Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum, shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from Grantee. 6. Reversion of Assets: Upon expiration of this Agreement, Subrecipient shall transfer to Grantee any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Subrecipient shall also ensure that any equipment or facility under the Subrecipient's control that was acquired or rehabilitated in whole or in part with CDBG funds in excess of$5,000 is either: a. Used to meet one of the National Objectives set forth in Section B of this Agreement, until 5 years after expiration of the Agreement, or such longer period of time as determined appropriate by Grantee and Housing. However, any change in use or National Objective from that described in Section B, shall require prior written approval of Grantee and Housing; or b. If disposed of, the manner shall result in Grantee being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to the property (reimbursement is not required after the period of time specified in paragraph 6.a. above). 7. Subcontracting: None of the services covered by this Agreement shall be subcontracted without prior written approval by Grantee, which shall request pre-approval from Housing. 8. Compliance with Regulations: Subrecipient will comply with the applicable uniform administrative requirements as described in 24 C.F.R. Section 570.489, including those listed in ATTACHMENT III "Certification and Other Uniform Administrative Requirements", which are attached hereto and made a part hereof as if fully rewritten. 9. Maintenance and Availability of Records: In connection with the Agreement, Subrecipient shall maintain all accounting, client records, papers, maps, photographs, other documentary materials, and any evidence pertaining to costs incurred, as more fully described in ATTACHMENT IV "Records to be Maintained", which is attached hereto and made a part hereof as if fully rewritten. a. Such records shall be furnished and available for inspection by Grantee, Housing, HUD, the Comptroller General of the United States, or any authorized representatives of these entities. b. Such records shall be available at Subrecipient's offices at all reasonable times during the contract period. If a claim, investigation, or litigation is pending at the time of what is assumed to be final payment, the final payment date I sconsidered extended and the retention period will not begin until final settlement of the claim, investigation, or litigation. 10. Amendments and Revisions: Any changes to the Scope of Work or dollar amount of this Agreement requires prior written approval from Housing. 11. Suspension and Termination: With notification to Housing, Grantee may terminate this Agreement and such additional supplemental agreements hereafter executed, in whole or in part, and may recover any CDBG funds at its discretion if Subrecipient: a. Violates any provision of this Agreement; or b. Violates any provision of the Housing and Community Development Act of 1974, as amended; or C. Violates any applicable regulations or terms and conditions of approval of application(s) that the Secretary of HUD has issued or shall subsequently issue during the term of this Agreement; or d. Fails to complete performance in a timely manner. Grantee may also terminate this Agreement and such additional supplemental agreements hereafter executed, in whole or in part, by giving Subrecipient 30 calender days written notice, in the event that Housing shall: a. Withdraw funds allocated to Grantee under its application for program activities substantially preventing performance of the CDBG program in Grantee's community; b. Terminate Grantee's funding allocation pursuant to an Act of Congress; or C. Fails to approve a grant application filed by Grantee. 12. Audits: Subrecipient shall comply with the audit requirements set forth in Office of Management and Budget("OMB") Circular A-133. 13. Severability: Grantee and Subrecipient 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 Grantee 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. 14. Enforced Delays (Force Majeure): Neither Grantee nor Subrecipient, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay(an "Enforced Delay")due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror(including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular contractors, subcontractors, vendors or investors desired by Subrecipient in connection with the Project. Subrecipient agrees that Subrecipient alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence 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, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any 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; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 15. Indemification: To the fullest extent permitted by law, Subrecipient shall defend, indemnify and hold harmless Grantee, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Subrecipient, its agents, employees, or any tier of Subrecipient's subcontractors in the performance of this Agreement. Subrecipient's duty to defend, hold harmless and indemnify Grantee, its Special Districts, elected and appointed officers, officials, agents, 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 Subrecipient's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Subrecipient, any tier of Subrecipient's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Subrecipient may be legally liable. 16. Applicable 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. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 17. Business and Privilege Licenses: Sybrecipient represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Subrecipient understands that the activity described herein constitutes "doing business in the City of Apache Junction"and Subrecipient agrees to obtain a business license pursuant to Article 8-2 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement. Subrecipient also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a privilege license. Any activity by subcontractors within the corporate city limits will invoke the same business and privilege license regulations on any subcontractors, and Subreciepient ensures its subcontractors will obtain any required licenses. If there are taxable activities, a business license shall be converted to a privilege license by the Subrecipient and any subcontractors through the City Clerk's Office. 18. Subcontractors: All subcontractors chosen by the Contractor will be subject to the Grantee's approval. All subcontractors shall be identified by the Contractor prior to award of contract. The Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of the Grantee. 19. Compliance with Federal and State Laws: Subrecipient understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. §41-4401, Subrecipient hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. §23-214(A). Subrecipient further warrants that after hiring an employee, Subrecipient will verify the employment eligibility of the employee through the E-Verify program. If Subrecipient uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. §23-214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Subrecipient is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Subrecipient shall not be deemed in material breach of this Agreement if the Subrecipient and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). Grantee retains the legal right to inspect the papers of any Subrecipient or subcontractor employee who works under this Agreement to ensure that the Subrecipient or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. IN WITNESS WHEREOF, Grantee and Subrecipient have executed this Agreement, after prior approval of Housing, as of the last date written below. GRANTEE: SUBRECIPIENT: By: By: Mayor Board President Title: Title: Date: Date: Attest: Attest: City Clerk Title: Title: Approved as to Form and Legal Fed ID#: Sufficiency: Richard J. Stern, City Attorney ATTACHMENT ACTIVITY DESCRIPTION -STATEMENT OF WORK SECTION I Subrecipient has requested CDBG funding from Grantee to perform community facility improvements to Subrecipient's domestic violence shelter and supportive services building. These improvements must result in the building being Americans with Disabilities Act ("ADA") accessible and compliant with local building codes. Specific improvements include: Original Shelter Building Remodel: There are two buildings at Subrecipeint's shelter property, the current shelter and the original shelter building. The original shelter building is 1119 square feet and was built in 1955. The original shelter building has recently been used for storing items that are needed to provide housing (toilet paper, clothing, cleaning supplies, bedding, etc) and a children's room that has various toys, activities, arts and crafts, and play costumes. The original shelter building also has an Arizona room. Renovating the existing original shelter building and building an addition where the Arizona room currently stands would increase Subrecipeint's capacity to meet the needs of the women and children served. Neither the current nor the original building have adequate privacy which makes having emotionally painful conversations even more difficult and provides significant challenges to confidentiality. The two rooms that are currently used for storage would be used as staff offices and meeting space. This would enhance Subrecipeint's ability to provide services and respect for the confidentiality of residents by making separate spaces available to meet, rather than meeting in the common areas or in the front yard, back yard, or playground area to work on case management goals and receive emotional support. The addition, that is currently an Arizona room, would become storage and a bed-bug decontamination area. Within the last year Subrecipeint has had two bedbug infestations. Subrecipeint takes many steps to prevent bed bugs from entering the shelter. Even with these protocols, Subrecipeint has had bed bug outbreaks, affecting both the residents and staff. The cost of decontaminating the shelter is expensive and being bitten by bed bugs and having to relocate to a hotel while the shelter is undergoing treatment is most traumatizing to the people served. The bed bug decontamination area would have a separate entrance, a washer and dryer to treat clothing and other items that may be transporting bed bugs, and shelves to store items that cannot be decontaminated. The storage room entrance would be from inside the original shelter building and not connected to the bed bug decontamination area. The remodel would include new flooring and interior and exterior paint, all of which are in poor condition. The estimated cost of the remodel is$29,000.00. Original Shelter Building Repair: In August the ceiling in the original shelter building began to collapse. The cause of the collapse has been determined to be age and termite damage. Due to the collapse the original shelter building is currently not in use. The play area cannot be accessed by children and storage is a significant challenge facing shelter operations. The proposed repair to the original shelter building would entail the repairing ceiling, beams, drywall, and painting. The cost of repairing the existing damage is estimated to be $25,000.00. Site Security: The renovation of the original shelter building will result in the shelter staff working out of that building. The security cameras and system will need to be relocated from the current shelter building to the new offices in the original shelter building. An existing security concern at the shelter is the height of the block wall that surrounds the sides and back of the properly. The block wall height varies between 5 and 6 feet and is easy to scale. This summer, an individual who was inebriated scaled the wall and attempted to enter the shelter through the front and back doors. Later in the summer an individual residing nearby overheard one of Subrecipient's Horse Therapy sessions and looked over the wall to inquire about the horses and what was occurring. Thankfully, neither of these incidents resulted in harm to any residents or staff members; however, they both are very concerning for safety and confidentiality reasons. Subrecipient proposes to raise the block wall to 8 feet, in order to prevent it from being easily scaled and offer more privacy for residents and their activities. The property is zoned C2 and with the proper engineering plans and approved permits the wall could be raised to 8 feet and still be within zoning guidelines. The cost of moving the security system is $5,000 and the cost of raising the block wall height to 8 feet is $8,000. The total cost of site security improvements is $13,000.00. Parking Improvements: Subrecipient currently has two paved parking spaced inside the secure part of the property. This does not accommodate staff, the Subrecipient's van, and participant's parking. Also, the parking can be seen from the street causing safety and security concerns for participants. The women staying at Subrecipient's shelter, park behind the shelter building in a dirt lot. Because of monsoons and dust storms this lot is uneven and often riddled with pot holes. Subrecipient would like to pave part of the area behind the shelter to create a more safe and secure parking area. The estimated cost of paving the 7,000 square foot parking area is $21,000. Improvements to Current Shelter Building: The current shelter building is 2576 square feet and was built in 2005. The flooring is linoleum and is not standing up well to the wear and tear of 16 people, half of whom are children. Subrecipient would like to replace the linoleum and upgrade to tile. The cost of tiling the current shelter building is $21,000. Grantee will serve as CDBG grant administrator and will perform monitoring of the project, assist with the procurement of a contractor, Davis Bacon compliance, requests for reimbursement from Housing, payment of all invoices submitted by the contractor, and ensure compliance with the CDBG program. Subrecipient will provide the required reporting and documentation as requested, oversee the construction, and comply with CDBG requirements. SECTION II --SERVICE AREA(SA) The proposed project is to benefit a limited clientele of women and children fleeing a domestic violence situation. Subrecipient serves Northern Pinal County however the facility is located within Apache Junction, Arizona. It is expected 100 women and children will benefit annually from this project, of which 38% are from Apache Junction and 100% are considered to be low to moderate income. SECTION III --WORK SCHEDULE This Agreement is anticipated to begin in Janaury 2015 amd expire on December 31, 2015. The Subrecipient agrees to the following construction schedule, any changes or extensions shall be approved by Grantee: Procurement of Contractor Janaury 2015—April 2015 Construction May 2015—August 2015 Closeout September 2015— December 2015 SECTION IV--RECORDS AND REPORTS Grantee and Subrecipient shall maintain files required by the CDBG Program set forth in ATTACHMENT IV. Additional records to be maintain shall include the monthly reports as specified below. All records shall be maintained and available for review by Grantee for five (5) years after the closeout of the project from Housing. This Agreement is anticipated to begin in Janaury 2015 amd expire on December 31, 2015. Subrecipient agrees to provide monthly reports identifying the following: 1) how many persons are benefiting from the services provided at the shelter; 2) how many persons had an Apache Junction address prior to entering the shelter; and 3) the ethnicity, age and disability status of all persons entering the shelter. Grantee reserves the right to request additional information as needed. ATTACHMENT II BUDGET The proposed budget for construction services of Subrecipient's Shelter is as follows: The following items will be completed in the supportive services building: 1) creation of two meeting rooms for privacy and confidential discussions; 2) construction of an addition to serve as storage and a bed bug decontamination station; 3) installation of flooring; 4) interior and exterior paint; 5) repair of ceiling and roof support damage; and 6) relocation of security cameras. The following items will be completed in the shelter building: 1) installation of new flooring; 2) installation of security wall perimeter; and 3) creation of secure parking facilities. CDBG funds shall pay for construction services performed by a qualified licensed contractor who was competitively procured in compliance with CDBG requirements. All expenditures must be pre-approved by Grantee and Housing. Grantee agrees to provide funding in the amount of$100,000 with an amount not to exceed $109,000 pending funding allocations for the fiscal year 2014 under the CDBG Regional Account. Any overages shall be paid for in full by Subrecipient. Subrecipient shall provide documentation from their Board of Directors to the commitment and allocation of these funds. For purposes of this Agreement: a. program income shall be returned to Grantee; b. Subrecipient acknowledges that all provisions of the Agreement shall apply to such program income funded activities; d. the receipt and expenditure of all program income shall be recorded in such a fashion as to enable Grantee to determine compliance with all CDBG requirements as well as any other requirements in the Agreement; and f. any program income on hand when the Agreement expires or that is received after such expiration shall be paid by Subrecipient to Grantee, and then to Housing. ACTIVITY BUDGET 1. Subrecipient: Community Alliance Against 2. Activity Name: Community Facility Family Abuse Improvements- Shelter a. b. C. CDBG $ Non-CDBG $ TOTAL$ 3. Environmental Review Record 4. Design/Engineering/Inspection Procure ❑ In-House ❑ 5. Construction Contract Work (include $100,000.00 $9,000.00 $109,000.00 materials and DB wage rates) 6. Fixed Asset Equipment 7. Land Acquisition (includes easements) (must comply with the Uniform Relocation Act) 8. Rehabilitation Services (if this exceeds 20% of total activity costs, attach a rationale) Procure ❑ In-House ❑ 9. Other(specify or attached as page 10. For City/Town, County or Other Construction 10.1 Purchase of materials 10.2.a Employees (documentation attached as page regarding number of employees, wages, number of hours, etc.) 10.2.b Offenders 10.2.c Volunteers 10.3 Equipment(Use vs. Purchase) (documentation attached regarding rental rates, number of hours to be used, type of equipment, etc.) 10.4 Other(attached as page ) 11. TOTALS $100,000.00 $9,000.00 $109,000.00 ATTACHMENT III CERTIFICATIONS AND OTHER UNIFORM ADMINISTRATIVE REQUIREMENTS A. UNIFORM ADMINISTRATIVE REQUIREMENTS By virtue of signing the Agreement Subrecipient agrees to comply with all applicable uniform administrative requirements as discussed in this Agreement, CDBG Program Handbooks, and OMB Circulars A-110, A-122, A-133, and the Single Audit Act of 1984, as applicable. B. EQUAL OPPORTUNITY Subrecipient agrees to comply with: 1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88- 352), and the regulations issued pursuant thereto (24 CFR Part 1). 2. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended. 3. Section 109 of the Housing and Community Development Act of 1974. 4. Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with Federal assistance. 5. Executive Order 11246, and the regulations issued pursuant thereto (24 CFR Part 130 and 41 CFR Chapter 60). 6. Section 3 of the Housing and Urban Development Act of 1968, as amended. 7. Federal Fair Housing Act of 1988, P.L. 100-430. 8. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1973, 42. U.S.C. 6101-07, and the prohibitions against discrimination against persons with handicaps under Section 504 of the Rehabilitation Act of 1973, (P.L. 93-112), as amended, and the regulations at 24 C.F.R. Part 8. 9. It will comply with the American Disabilities Act and Section 504 of the Rehabilitation Act, as amended. 10. The requirements of the Architectural Barriers Act of 1966 at 42 U.S.C. 4151-415. C. INTEREST OF OFFICIALS AND CONFLICT OF INTEREST No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. No member, officer, or employee of Subrecipient or its designees or agents, no member of the governing body of the locality in which the program is situated during his tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. Subrecipient will comply with applicable conflict of interest provisions, incorporate such in all contracts and establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family business, or other ties. D. POLITICAL ACTIVITIES As a community service-based organization, Subrecipient is a non-political organization. Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Subrecipient shall solicit any contribution in cash or services from any Subrecipient employee to support any candidate for public office. No board member or officer shall use the name of Subrecipient, or use their affiliation with Subrecipient, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Subrecipient in any way, while engaging in said activity. The functions and activities of Subrecipient are non- political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Subrecipient function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. E. LABOR STANDARDS PROVISIONS Subrecipient will administer and enforce the labor standards requirements of the Davis Bacon Act, as amended at 40 U.S.C. 276a-276a-5, and the Contract Work Hours and Safety Standards Act at 40 U.S.C. 327-333. F. COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS Subrecipient agrees to comply with any conditions resulting from the Grantee's compliance with the provisions of the National Environmental Policy Act of 1969 and the other provisions of law specified at 24 C.F.R. 58 insofar as the provisions of such Act apply to activities set forth in Section A. Statement of Work(p.1). Subrecipient will comply with the provisions of Executive Order 11990, relating to evaluation of flood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution and the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234) This Agreement is also subject to the requirements of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.; P.L. 89-665, the Archaeological and Historic Preservation Act of 1974 (P.L. 93-291), Executive Order 11593, and the procedures prescribed by the Advisory Council on Historic Preservation in 36 C.F.R. Part 800, and the regulations of the Environmental Protection Agency ("EPA") with respect thereto, at 40 C.F.R. Part 15, as amended from time to time. G. LEAD-BASED PAINT This Agreement is subject to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831 et seq.), and the Lead-Based Paint Regulations (24 C.F.R. Part 35 and 24 CFR 570.487). The use of lead-based paint is prohibited whenever CDBG funds are used directly or indirectly for the construction, rehabilitation, or modernization of residential structures. Immediate lead-based paint hazards existing in residential structures assisted with CDBG funds must be eliminated, and purchasers and tenants of assisted structures constructed prior to 1978 must be notified of the hazards of lead-based paint poisoning. H. PROPERTY DISPOSITION Real or personal property purchased in whole or in part with CDBG funds shall not be disposed through sale, use, or location without the written permission of Grantee. The proceeds from the disposition of real property shall be considered project income. I. LOBBYING Subrecipient will ensure that, to the best of its knowledge and belief of the undersigned: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grants, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal or amendment of any federal contract. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of a federal contract, grant, loan, or cooperative agreement, Subrecipient shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. Subrecipient shall require the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all shall certify and disclose accordingly. "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure." J. ACQUISITION/RELOCATION Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulation. ATTACHMENT IV RECORDS TO BE MAINTAINED Subrecipient shall establish and maintain sufficient records to enable Grantee and Housing to determine whether Subrecipient has met the requirements of this Agreement. At a minimum, the following records are needed, and should be maintained for five years (5) after the date of close-out of the CDBG contract by Housing. It is the responsibility of Grantee to notify Subrecipient as to the date of the contract close- out. All files shall be clearly labeled with the following information: HOUSING CDBG contract number, name of Grantee, Activity number and shall contain the information and documents as indicated in HOUSING CDBG Handbooks, which includes the following, as applicable: 1. Application and Agreement with the Grantee and any amendments. 2. General Correspondence regarding the Agreement. 3. Financial Management and Audits. 4. A file documenting Subrecipient's actions to comply with Section 504. 5. Civil Rights/EEO. The Civil Rights Certification and documentation on the ethnicity, gender, disability status, single-head of household of all applicants for and recipients of benefits and/or services. 6. Procurement and Contracting. A separate file for each professional service procured or for each major item of equipment or materials purchased, with smaller items aggregated. 7. Construction Contract. A separate file for each bid developed. 8. Labor Standards. A separate file for each prime contractor. 9. Acquisition/Relocation. A general file with overall policies and procedures and a separate file for each parcel acquired or family displaced. 10. Housing Rehabilitation. A general file with overall policies and procedures and a separate file for each applicant/family or multi family unit. 11. Required records for Homeownership Assistance and Economic Development activities will be defined as applicable. RESOLUTION NO. 14-02 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING A SUBRECIPIENT AGREEMENT WITH COMMUNITY ALLIANCE AGAINST FAMILY ABUSE FOR FISCAL YEAR 2014 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS . WHEREAS, the City of Apache Junction is desirous of meeting the needs of its citizens; and WHEREAS, Community Alliance Against Family Abuse ("CAAFA") , which operates the local domestic violence shelter, has requested assistance from the city in meeting the needs of citizens residing within the city limits; and WHEREAS, the activities within this agreement address identified eligible needs; and WHEREAS, a grantee of Community Development Block Grant ("CDBG") funds is required to comply with the program guidelines and federal statutes and regulations . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : 1) The Mayor and City Council of the City of Apache Junction authorize a subrecipient agreement be made for receipt of Fiscal Year 2014 CDBG funds. 2) The Mayor or his designee is authorized to sign a subrecipient agreement for receipt and use of these funds in an amount not to exceed $109, 000 . 00 for CAAFA to complete renovations to their shelter and facilities. 3) The City Manager or his designee, is authorized to take all actions necessary to implement and complete the activities submitted in said agreement and application. 4) The agreement and application for CDBG funds meets the program requirements for the CDBG program and the Arizona Department of Housing. RESOLUTION NO. 14-02 PAGE 1 OF 2 5) The City of Apache Junction shall comply with all CDBG guidelines, federal statutes and regulations applicable to the CDBG Program. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THISJP'V� DAY OF k.V4 2014 . SIGNED AND ATTESTED TO THIS DAY OF 64 2014 . J S INSALACO ''mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-02 PAGE 2 OF 2 / SUBRECUPIENT FUNDING AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND COMMUNITY ALLIANCE AGAINST FAMILY ABUSE This AGREEMENT entered into as of this day 4 by and between the City of OfPLaft/2e�Arfe2roreld to as "Grantee") and the Apache Junction, an Arizona municipal corporation, (h rein Community Alliance Against Family Abuse, (hereinafter referred to as "Subrecipient"), both of which may also be referred to as the"Parties"collectively or a'Party"individually. RECITALS A. Pursuant to Tide | of the Housing and Community Development Acts of 1874, as mmended. Grantee has applied for and received m Community Development Block Grant (hereinafter "COBG") for certain CDB<3 mcbvbias, from the State of Arizona Department of Housing (hereinafter^Houaing^). CDBQProgram. B. The Grantee wishes to engage the 8ubnyoipientbnassist the Grantee in utilizing such funds. AGREEMENT The Parties acknowledge and agree as to the following grant terms and conditions: A. STATEMENT OF WORK 1 CO8GCon1man AtFY2014 Regional Account Application 2. Number and Name of Activity(ies): Community Facilities Improvements-Shelter 3. Description: (See ATTACHMENT |) 4. Budget: Agreement Total: $100.O0U.0O(see ATTACHMENT||for debai|s). B. NATIONAL OBJECTIVES Subrecipient certifies each activity carried out with funds provided under this Agreement will meet one of the following (3DBG Pnngnam'o National Objectives: 1) benefit low/moderate income persons; or2) aid in the prevention or elimination of slums or blight; or 3) meet community development needs having o particular Housing approved urgency. C. PERFORMANCE MONITORING Grantee will monitor the performance of Oubneci[ient against goals and performance standards required herein. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. |fection to correct such substandard performance is not taken by Gubrecipient within a reasonable period of time after being ncdUicd by 8nantee, contract suspension ortermination procedures will be initiated. (See Section 1.10.) D. NOTICES Communication and details concerning this contract shall bm directed huthe following contract representatives: GRANTEE SUBRECIPIENT Name: City of Apache Junction Community Alliance Against Family Abuse Heather Patel Elizabeth Dit|evwnnGarman Title: Grants Coordinator Executive Director Address: 300E. Superstition Blvd. P.O. Box 3778 Apache Junction,AZ85i19 Apache Junction,AZ85117 Telephone: (480)474-2635 (474)982-0205 Email: E. GRANTOR RECOGNITION Subrecipient shall ensure recognition of the role of Grantee and Housing in providing services through this Agreement. All octivbkaa, fad|bham and items utilized pursuant to this contract shall be prominently labeled aatothe funding source. In addition, Subnacipientvwi|| include reference bothe support provided herein in all publications made possible with funds made available under this Agreement. 1. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of8ubnaoipient or by any employee of SubnecipienL Submac)pient aheU advise Housing or its designee at the time of delivery of any copyrighted or subject tmcopyright workfurnished underthioAQnaemerd. orany adversely held copyrighted or subject to copyright material incorporated in any such work and of any invasion uf the right uf privacy therein contained. 2. Housing may duplicate, use, and disclose in any manner and for any purpose whatsoever, within the limits established by federal and state laws and regulahonm, all infonnedion relating to this Agreement. F. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship ofemp|myer/amp|oyee between the Parties. GubnaoipiontahaU at all times remain on "independent contractor" with respect tothe men/i#as to be performed under this Agreement. Grantee shall be exempt from payment of all unemployment companamtion. FICA, retirement, |iha and/or medical insurance and workers'compensation insurance as Subneoipient is an independent contractor, G. WORKERS COMPENSATION 8ubroc\pient ohoU provide workers' compensation insurance coverage for all of its employees involved in the performance of this Agreement. H. GENERAL CONDITIONS 1 Responsibility for Grant Administration: Grantee is responsible for ensuring the administration of CDBG funds in accordance with all program requirements. The use cfuubn*nipients or contractors does not relieve the Grantee of this responsibility. Grantee is also responsible for determining the adequacy of performance under all Gubnaoipient agreements and procurement contracts and for baking appropriate action when performance problems arise. 1 It is expressly agreed and understood by Grantee the total amount to be paid to Subrecipieni under this Agreement by Grantee shall not exceed $100.000. Dnawdowna for the payment of eligible expenses shall be made against the line item budgete, after prior approval of Grantee. All requests for payments ('RFP^) must meet the CDBG guide|ineo, as outlined in Chapters 2. 3. and 4 of the ODBG Grant Administration Handbook available online at . 3. utredpient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations ("C:FR^). Port 570 (the United States Department of Housing and Urban Development ('HUD") regulations concerning the CDBG program). Subnacipienta|ao agrees to comply with all other applicable N*dena|, state and local |awo, regu|mUons, and policies governing the funds provided under this Agreement. Gubmaoi ks t further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 4. This Agreement shall take effect on or about January 2015. through and including the 31m day of December 2015. 5. Subrecip|ent shall carry sufficient insurance coverage to protect contract assets from loss due totheft, fraud and/or undue physical darnoge, and as a mininnumo, shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from Grantee. 6. Upon expiration of this Agreement, Subrecipient shall transfer to Grantee any CDRG funds on hand n1 the time of expiration and any accounts receivable attributable to the use nf CDBG funds. Subrecipiant shall also ensure that any equipment or facility under the Subrec1pient'o control that was acquired or rehabilitated in whole or in part with CDBG funds in excess of$5,000 is either a. Used to meet one of the National Objectives set forth in Section B of this Agreement, until 5 years after expiration of the AQnoament, or such longer period of time as dmbenn\nmd appropriate by Grantee and Housing. However, any change in use or National Objective from that described in Section B, shall require prior written approval of Grantee and Housing; or b. If disposed of, the manner shall result in Grantee being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to the property (reimbursement is not required after the period of time specified in paragraph 6.a. above). 7. None of the services covered by this Agreement shall be subcontracted without prior written approval by Grantee,which shall request pre-approval from Housing. O. Qubneoipient will comply with the applicable uniform administrative requirements ao described in24C.F.R. Section 57O.4B0. including those listed in ATTACHMENT III "Certification and Other Uniform Administrative F{equiremento^, which are attached hereto and made a part hereof aaif fully rewritten. � ' - -r'-�- S. In connection with the Agreement, SubneopiendmhmU maintain all auooundng, client neoonds, papers, mops, photographs, other documentary rnahedalm, and any evidence pertaining to costs inournad, as more fully described in ATTACHMENT IV "Records to be Maintained", which is attached hereto and made a part hereof as if fully rewritten. a. Such maourdn mhoU be furnished and available for inspection by Grantee, Housing, HUD, the Comptroller General of the United States, or any authorized representatives of these entities. b. Such records shall be available ad8ubrenipient'o offices at all reasonable times during the contract period. If a claim, investigation, or litigation is pending at the time of what is assumed to be final payment, the final payment date I sconsidered extended and the retention period will not begin until final settlement of the claim, investigation, or litigation. 10. Any changes bo the Scope of Work or dollar amount ofthis Agreement requires prior written approval from Housing, 11. With notification hn Housing, Grantee may terminate this Agreement and such additional supplemental agreements hereafter executed, in whole or in part,and may recover any CDBG funds at its discretion ifGubneuipiant: a. Violates any provision of this Agreement; or b� Violates any provision of the Housing and Community Development Act of 1974. as amended; or C. Violates any applicable regulations or terms and conditions of approval of application(s)that the Secretary of HUD has issued or ohe|| subsequently issue during the term of this Agreement; or d. Fails to complete performance ino timely manner. Grantee may also terminate this Agreement and such additional supplemental agreements hereafter exeoutmd, in whole or in part` by giving Subreoipient 30 ca|endmr days written nnhna, in the event that Housing shall: m. Withdraw funds allocated to Grantee under its application for program activities substantially preventing performance of the COBG program in Grantee's community; b. Terminate Grantee's funding allocation pursuant toan Act ofCongress; or C. Fails tq approve a grant application filed byGrantee. 12. Audits: Subrecipient shall comply with the audit requirements set forth in Office of Management and Budged("OMB") Circular A-133. 13. Grantee and Subrecipient 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 Grantee 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 ho the purposes of this Agreement, aa nah»nned. 14. Neither Grantee nor Gubreoipian . ms the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced De!oy^) due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Lowm, inc/udinQ, but not restricted to, acts of God, finso. Mnudm, epidemios, pendenniun, qumnamtina, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of apub|io enemy, war,terrorism or act cf terror(including but not limited tobio-tenorinrnoreno-ternuriam). nuclear radiation, b|ockoda, insurrection, riot. labor strike or interruption, mxtortion, uabotoge, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular contractors, subcontractors, vendors or investors desired by Gubnscipient in connection with the Project. 8ubnscipient agrees that Subnadpiant alone will bear all risks nf delay which are not Enforced Delay. }n the event of the occurrence 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, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any 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; and provided further that inno event shall a period of Enforced Delay exceed ninety (Q0)calendar days. 15. To the fullest extent permitted by law, Subrecipient shall defend, indemnify and hold harmless Grantee, its elected and appointed officem, officio|e, aganbu, and employees from and against any and all liability including but not limited indemands, daima, aotionm,feeo, costs and expenoeo, including attorney and expert witness feeu, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the actm, arnorm, mimtohes, nmimuions,work orservices ufSubnecipient. its agents, employees, or any tier ofSubnsoipient'a subcontractors in the performance nf this Agreement. Subracip>ent's duty to dehend, hold harmless and indemnify Grantee, its Special Districts, elected and appointed officers, officials, agents, 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 Subrecipient's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Subrecipient, any tier of Subrecipient's subcontractor or any other person for whose auty, erronu, mimtekaa, omissions, work nrservices Subrecipientmuy be legally liable. 16. The terms and conditions of this Agreement shall be governed byand interpreted in accordance with the laws of the State ofArizona. Any action o1 law orinequity brought by either Party for the purpose of enforcing a dght or rights provided for in this Agreement, shall be tried ina court of competent jurisdiction in Pina\ Coun1y, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this AQouament, it is mutually agreed that the prevailing party in such action shall recover all costs including: a|i |idgadon and appeal expenmms, collection mxpanuay, namsonmb|eattorneym'haem. necessary witness fees and court costs tobe determined by the court in such action. 17. Sybnacipiant represents and warrants that any license necessary tu perform the work under this Agreement is current and valid. Subnecipiard understands that the activity described herein constitutes"doing business in the City of Apache Junction" and Subrecipient agrees to obtain a business license pursuant to Article 8-2 of the Apache Junction City Code,Vol. 1, and keep such license current during the term of this Agreement. Subrecipient also / acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, nay also apply and if so, shall obtain m privilege license. Any activity by subcontractors within the corporate city limits will invoke the same business and privilege license regulations on any subcontractors,and Subreciepient ensures its subcontractors will obtain any required licenses. |f there are taxable activities, a business license shall be converted to a privilege license by the Subrecipient and any subcontractors through the City Clerk's Office. 18. All subcontractors chosen by the Contractor will be subject to the Grantee's approval. All subcontractors shall be identified by the Contractor prior to award of contract. The Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of the Grantee. 19. Subuaoipient understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required byA.R.S. §41-44O1. Subnecipient hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S.§23-214(A). Subrecipient further warrants that after hiring an employee, Subrecipient will verify the employment eligibility of the employee through the E-Verify program. If Subrecipient uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.G. §23'214(A)' and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Vehfyprogram. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Subrecipient is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and$1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Subreoipien1 shall not bedeemed in material breach ofthis Agreement if thmSubnaci \ rtand/or subcontractors establish compliance with the employment verification provisions of Sections 274Aand 274Bof the federal Immigration and Nationality Act and the E-0erify requirements contained inA.R.S. §23-214(\). Grantee retains the legal right to inspect the papers of any Subrecipient or subcontractor employee who works under this Agreement to ensure that the Subrecipient or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and ot reasonable times. |f state law im amended, the Parties may modify this paragraph consistent with state law. |N WITNESS WHEREOF, Grantee and Subrecipiend have executed this Agreement, after prior approval of Housing, aoof the last date written below. GRANTEE: 8 vWayo By: Board President Title: 4'al-161- Title: Date Date: City Clerk 4�7 Title: Title: Approved as to Form and Legal Fed ID#: Sufficiency: 1-�14 Richard J. Stern, City Attorney / ATTACHMENT I ACTIVITY DESCRIPTION-STATEMENT OF WORK SECTION I Subreoipient has requested CDBG funding from Grantee to perform community facility improvements bz Subrmcipient'm domestic violence shelter and supportive services building. These improvements must result in the building being Americans with Disabilities Act ("ADA") accessible and compliant with |poa| building codes. Specific improvements include: Original Shelter Building Remodel: There are two buildings at Subneoipeint'u shelter pnmpedy, the current shelter and the original shelter building. The original shelter building is 1119 square feet and was built in 1955. The original shelter building has recently been used for storing items that are needed to provide housing (toilet paper, u|nthing, cleaning oupp|ies, beddinQ, etc) and ach||dnen's room that has various toys, activbieo, arts and crafts, and play costumes. The original shelter building also has an Arizona room. Renovating the existing original shelter building and building an addition where the Arizona room currently stands would increase Subrecipeint's capacity to meet the needs of the women and children sened. Neither the current nor the original building have adequate privacy which makes having emotionally painful conversations even more difficult and provides significant challenges to confidentiality. The two rooms that are currently used for storage would be used as staff offices and meeting space. This would enhance Subrecipeint's ability to provide services and respect for the confidentiality of residents by making separate spaces available to meet, rather than meeting in the common areas or in the front yard, back yard,or playground area to work on case management goals and receive emotional support. The addition, that io currently enArizona room, would become storage and n bed-bug decontamination area. Within the last yeorSubnac|peint has had two bedbug infestations. Subnaoipaintbahes many steps tn prevent bed bugs from entering the shelter. Even with these protocols, Subraoipeinthes had bed bug outbreaka, affecting both the residents and staff. The cost of decontaminating the shelter is expensive and being bitten by bed bugs and having to relocate to a hotel while the shelter is undergoing treatment is most traumatizing to the people served. The bed bug decontamination area would have a separate crdnance, a washer and dryer botreat clothing and other items that may be transporting bed buga, and shelves to edona items that cannot be decontaminated. The storage room entrance would be from inside the original shelter building and not connected to the bed bug decontamination area. The remodel would include new flooring and interior and exterior paint, all of which are in poor condition. The estimated cost nf the remodel ia$29.80O.0O. Original Shelter Building Repair: In August the ceiling in the original shelter building began tocollapse. The cause of the collapse has been determined to be age and termite damage. Due to the collapse the original shelter building is currently not in use. The play area cannot baaccessed by children and storage is a significant challenge facing shelter operations. The proposed repair to the original shelter building would entail the repairing ceiling, beams, drywall, and painting.The cost wf repairing the existing damage is estimated tobes25.00O.UO. Site Security: The renovation of the original shelter building will result in the shelter staff working out of that building. The security cameras and system will need tobe relocated from the current shelter building io the new offices in the original shelter building. An existing security concern at the shelter is the height of the block we|| that surrounds the sides and bank of the properly. The block vvaU height varies between 5 and G feet and is easy to scale. This summer, an individual who was inebriated scaled the wall and attempted to enter the shelter through the front and back doors. Later in the summer an individual residing nearby overheard one nfSubreoipient'm \ Horse Therapy sessions and looked over the wall to inquire about the horses and what was occurring. Thankfully, neither of these incidents resulted in harm to any residents or staff members; however, they both are very concerning for safety and confidentiality reasons. Subrecipient proposes to raise the block wall to 8 feet, in order to prevent it from being easily scaled and offer more privacy for residents and their activities. The property is zoned C2 and with the proper engineering plans and approved permits the wall could be raised to 8 feet and still be within zoning guidelines. The cost of moving the security system is $5,000 and the cost of raising the block wall height to 8 feet is $8,000. The total cost of site security improvements is$13,000.00. Parking Improvements: Subrecipient currently has two paved parking spaced inside the secure part of the property. This does not accommodate staff, the Subrecipient's van, and participant's parking.Also, the parking can be seen from the street causing safety and security concerns for participants.The women staying at Subrecipient's shelter, park behind the shelter building in a dirt lot. Because of monsoons and dust storms this lot is uneven and often riddled with pot holes. Subrecipient would like to pave part of the area behind the shelter to create a more safe and secure parking area. The estimated cost of paving the 7,000 square foot parking area is$211000. Improvements to Current Shelter Building: The current shelter building is 2576 square feet and was built in 2005. The flooring is linoleum and is not standing up well to the wear and tear of 16 people, half of whom are children. Subrecipient would like to replace the linoleum and upgrade to tile. The cost of tiling the current shelter building is$21,000. Grantee will serve as CDBG grant administrator and will perform monitoring of the project, assist with the procurement of a contractor, Davis Bacon compliance, requests for reimbursement from Housing, payment of all invoices submitted by the contractor, and ensure compliance with the CDBG program. Subrecipient will provide the required reporting and documentation as requested, oversee the construction, and comply with CDBG requirements. SECTION II --SERVICE AREA(SA) The proposed project is to benefit a limited clientele of women and children fleeing a domestic violence situation. Subrecipient serves Northern Pinal County however the facility is located within Apache Junction, Arizona. It is expected 100 women and children will benefit annually from this project, of which 38% are from Apache Junction and 100%are considered to be low to moderate income. SECTION Iii --WORK SCHEDULE This Agreement is anticipated to begin in Janaury 2015 amd expire on December 31, 2015. The Subrecipient agrees to the following construction schedule, any changes or extensions shall be approved by Grantee.- Procurement of Contractor Janaury 2015—April 2015 Construction May 2015—August 2015 Closeout September 2015— December 2015 SECTION IV--RECORDS AND REPORTS Grantee and Subrecipient shall maintain files required by the CDBG Program set forth in ATTACHMENT IV. Additional records to be maintain shall include the monthly reports as specified below. All records shall be maintained and available for review by Grantee for five (5)years after the closeout of the project from Housing. This Agreement is anticipated to begin in Janaury 2015 amd expire on December 31, 2015. Subrecipient agrees to provide monthly reports identifying the following: 1) how many persons are benefiting from the I services provided at the shelter; 2) how many persons had an Apache Junction address prior to entering the shelter; and 3) the ethnicity, age and disability status of all persons entering the shelter. Grantee reserves the right to request additional information as needed. / ATTACHMMENTU BUDGET The proposed budget for construction services of Subrecipient's Shelter is as follows: The following items will be completed in the supportive services building: 1) creation of two meeting rooms for privacy and confidential discussions; 2) construction of an addition to serve ao storage and o bed bug decontamination station; 3) installation of flooring; 4) interior and exterior paint; 5) repair of ceiling and roof support damage; and G) relocation of security cameras. The following items will be completed in the shelter building: 1) installation of new flooring; 2) installation of security wall perimeter; and 3) creation of secure parking facilities. CDBG funds shall pay for construction services performed by a qualified licensed contractor who was competitively procured in compliance with CDBG requirements.All expenditures must be pre-approved by Grantee and Housing. Grantee agrees to provide funding in the amount of$100,000 with an amount not bn exceed$108.ODO pending funding allocations for the fiscal year 2014 under the CD8GRegional Account, Any overages shall be paid for in full 6ySubreuipient. Submcipient shall provide documentation from their Board of Directors tothe commitment and allocation cf these funds. For purposes of this Agreement: m. program income shall be returned toGrantee; b. Subrecipient acknowledges that all provisions of the Agreement shall apply to such program income funded activities; d. the receipt and expenditure of all program income shall be recorded in such a fashion as to enable Grantee hodetermine compliance with all COBG requirements mmwell om any other requirements in the Agreement; and [ any program income on hand when the Agreement expires or that is received after such expiration shall be paid bySubnycipiantto Grantee, and then toHousing. ACTIVITY BUDGET 1. Subrecipient: Community Alliance Against 2. Activity Name: Community Facility Family Abuse Improvements-Shelter a. b. C. CDBG$ Non-CDBG$ TOTAL$ 3. Environmental Review Record 4. Design/Engineering/Inspection Procure❑ In-House❑ 5. Construction Contract Work(include $100,000.00 $9,000.00 $109,000.00 materials and DB wage rates) 6. Fixed Asset Equipment 7. Land Acquisition (includes easements) (must comply with the Uniform Relocation Act) 8. Rehabilitation Services(if this exceeds 20%of total activity costs, attach a rationale) Procure❑ in-House❑ 9. Other(specify or attached as page_J: 10. For City/Town, County or Other Construction 10.1 Purchase of materials 10.2.a Employees(documentation attached as page_regarding number of employees,wages, number of hours, etc.) 10.2.b Offenders 10.2.c Volunteers 10.3 Equipment(Use vs. Purchase) (documentation attached regarding rental rates, number of hours to be used, type of equipment, etc.) 10.4 Other(attached as page 11. TOTALS $100,000.00 $9,000.00 $109,000.00 ATTACHMENT III CERTIFICATIONS AND OTHER UNIFORM ADMINISTRATIVE REQUIREMENTS A. UNIFORM ADMINISTRATIVE REQUIREMENTS By virtue of signing the Agreement Subrenipiont agrees to comply with all applicable uniform administrative requirements as discussed in this Agreement, CDBG Program Handbooks, and OMB Circulars A+11U.Ar122' A-133. and the Single Audit Act nf1884. amapplicable. B. EQUAL OPPORTUNITY Subrocpient agrees to comply with: 1 Title VI of the Civil Rights /\ot of 1964 (Pub, L. 88- 352), and the nagu|odono issued pursuant thereto (24CFR Part 1). 2. Title Vi|| of the Civil Rights Act of18G8 (Pub. L8U-284). esamended. 3. Section 1O9mf the Housing and Community Development Act o/1B74. 4. Executive Order 11083on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with Federal assistance. 5. Executive Order 11246. and the regulations issued pursuant thereto (24CFR Pert 130 ond41 CFR Chapter GO). S. Section 3of the Housing and Urban Development Act of1888. eoamended. 7. Federal Fair Housing Act of1Q8O. P.L 100~430 8, The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1973. 42. U.SC. 6101-07. and the prohibitions against discrimination against persons with handicaps under Section 5O4of the Rehabilitation Act of1873. (PL83-112). ao amended, and the regulations at%4C.F.R. Part 8. A. It will comply with the American Disabilities Act and Section 504 of the Rehabilitation Ant, as amended. 10 The requirements cf the Architectural Barriers Act of18G6at42US.C. 4151-415. C. INTEREST OF OFFICIALS AND CONFLICT OF INTEREST No member of or delegate to the Congress of the United 3babeo shall be admitted to any uhenm or part of this Agreement orto any benefit toarise from the same. No member, officer, or employee o/ Subneoipimnt or its designees or egenta, no member of the governing body of the locality in which the program is situated during his tenure or for one (1) year thereofbar, shall have any intereot, direct or indimact, in any contract orsubcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. Subreoipient will comply with applicable conflict of interest provisions, incorporate such in all contracts and establish safeguards to prohibit employees from using positions for purpose that is or gives the appearance of being motivated by a desire for phvate gain for themselves or cdheno, particularly those with whom they have family business, or other ties. D. POLITICAL ACTIVITIES As a community monvion'bomed orgeniza\ion. Subreoipient is o non-political organization. Employees are prohibited from engaging in any partisan puUdce| activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of political pady, signing nomination petitions and voting in any apeoia|, primary or general election. No board member, officer or employee of Subrecipient shall so|\ub any oonthbudmn in cash or services from any Subrecipient employee to support any candidate for public office. No board member or officer ohuU use the name of SubrecipienL or use their affiliation with Subrecipient, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Subrecipient in any way, while engaging in said activity. The functions and activities of Subrecipient are non- political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Subrecipient function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. E. LABOR STANDARDS PROVISIONS Subrecipient will administer and enforce the labor standards requirements of the Davis Bacon Act, as amended at 40 U.S.C. 276a-276a-5. and the Contract Work Hours and Safety Standards Act at 40 U.S.C. 327-333. F. COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS Subrecipient agrees to comply with any conditions resulting from the Grantee's compliance with the provisions of the National Environmental Policy Act of 1969 and the other provisions of law specified at 24 C.F.R. 58 insofar as the provisions of such Act apply to activities set forth in Section A. Statement of Work(p.1). Subrecipient will comply with the provisions of Executive Order 11990, relating to evaluation of flood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution and the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234) This Agreement is also subject to the requirements of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.; P.L. 89-665, the Archaeological and Historic Preservation Act of 1974 (P.L. 93-291), Executive Order 11593, and the procedures prescribed by the Advisory Council on Historic Preservation in 36 C.F.R. Part 800, and the regulations of the Environmental Protection Agency ("EPA") with respect thereto, at 40 C.F.R. Part 15, as amended from time to time. G. LEAD-BASED PAINT This Agreement is subject to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831 et seq.), and the Lead-Based Paint Regulations (24 C.F.R. Part 35 and 24 CFR 570.487). The use of lead-based paint is prohibited whenever CDBG funds are used directly or indirectly for the construction, rehabilitation, or modernization of residential structures. Immediate lead-based paint hazards existing in residential structures assisted with CDBG funds must be eliminated, and purchasers and tenants of assisted structures constructed prior to 1978 must be notified of the hazards of lead-based paint poisoning. H. PROPERTY DISPOSITION Real or personal property purchased in whole or in part with CDBG funds shall not be disposed through sale, use, or location without the written permission of Grantee. The proceeds from the disposition of real property shall be considered project income. 1. LOBBYING Subrecipient will ensure that, to the best of its knowledge and belief of the undersigned: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, to any person for influencing or attempting to influence an officer or employee of any o0oncy, m member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contrmot, the making of any federal grante, the making of any federal |omn, the entering into of any cooperative agreement' and the extension, continuation, renewal or amendment cf any federal contract. 2. If any funds other than fadans| appropriated funds have been paid or will be paid to any person for influencing or attempting to influence on officer or employee of any oQenny, o member of congrewe, on officer or employee of federal contract, Qnamd. )non, or cooperative ognaement. Gubrecipiant shall complete and mubnnb Standard Form - LLL. ''Oiec|noune Form to Report LobbyinQ.'' in accordance with its instructions. 3. Subnaripient shall require the language of this certification be included in the award documents for all sub-awards at all tiers (including oubcnntnmcto, mubgrantm, and contracts under grants, loans, and cooperative agreements)and all shall certify and disclose accordingly. "This certification is n mnsheho| representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Tide 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than $1OU.00U for each such toUune." J. Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of197Oand implementing regulation. ATTACHMENT IV RECORDS TO BE MAINTAINED Subrecipient shall establish and maintain sufficient records to enable Grantee and Housing to determine whether Subrecipient has met the requirements of this Agreement. At a minimum, the following records are needed, and should be maintained for five years(5) after the date of close-out of the CDBG contract by Housing. It is the responsibility of Grantee to notify Subrecipient as to the date of the contract close- out. All files shall be clearly labeled with the following information: HOUSING CDBG contract number, name of Grantee, Activity number and shall contain the information and documents as indicated in HOUSING CDBG Handbooks, which includes the following, as applicable: 1. Application and Agreement with the Grantee and any amendments. 2. General Correspondence regarding the Agreement. 3. Financial Management and Audits. 4. A file documenting Subrecipient's actions to comply with Section 504. 5. Civil Rights/EEO. The Civil Rights Certification and documentation on the ethnicity, gender, disability status, single-head of household of all applicants for and recipients of benefits and/or services. 6. Procurement and Contracting. A separate file for each professional service procured or for each major item of equipment or materials purchased,with smaller items aggregated. 7. Construction Contract. A separate file for each bid developed. 8. Labor Standards. A separate file for each prime contractor. 9. Acquisition/Relocation. A general file with overall policies and procedures and a separate file for each parcel acquired or family displaced. 10. Housing Rehabilitation. A general file with overall policies and procedures and a separate file for each applicant/family or multi family unit. 11. Required records for Homeownership Assistance and Economic Development activities will be defined as applicable. ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.6. Piz File ID: 14-86 Sponsor: Heather Patel Agenda Date: 2/18/2014 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 14-03 recommending the city repeal Resolution No. 92-18 in order to update the city's complaint and grievance procedure under Title II Americans with Disabilities Act and Title VI Civil Rights Law of 1964. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 PP ACHt i � G,y O U = r Z City of Apache Junction �R1 0 Development Services Department MEMORANDUM DATE: February 5, 2014 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Coordinator SUBJECT: Complaint and grievance procedure REQUEST Consideration for Approval of Resolution Nos. 14-03 and 14-04 recommending the city repeal Resolution No. 92-18 and adopt a new Title II Americans with Disabilities Act("ADA") and Title VI Civil Rights Law of 1964 complaint and grievance procedure. BACKGROUND The U.S. Department of Justice requires a public entity to adopt and publish grievance procedures providing for equitable resolution of complaints alleging violations of the ADA, the Civil Rights law, or their regulations. In 1992, the city adopted resolution No. 92-18. This resolution outlined an extensive process for customers to file a complaint and seeking resolution to the complaint. In 2013, the city hired Recreation Accessibility Consultants, LLC ("RAC") to evaluate city park facilities for accessibility. As a benefit of the evaluation, a training was offered and recommendations were made on topics as they relate to ADA. RAC evaluated the city's process for filing a complaint and receiving a resolution of said complaint. Their recommendation was a complaint procedure should be brief, easy and geared toward the concept of doing as much as possible to make our programs and services accessible for all residents. DISCUSSION As a result of RAC's recommendation, staff revised the complaint procedure thus resulting in the repeal of Resolution No. 92-18 under Resolution No. 14-03 and the adoption of a new process under Resolution No. 14-04. Barring any objections, Resolution Nos. 14-03 and 14-04 will be presented under consent agenda during the city council's February 18, 2014 agenda. RECOMMENDATION Staff respectfully recommends the city council approve Resolution Nos. 14-03 and 14-04, therefore repealing Resolution No. 92-18 and adopting a new Title II Americans with Disabilities Act("ADA") and Title VI Civil Rights Law of 1964 complaint and grievance procedure. ACTION REQUIRED Recommendation for Approval. Attachment 1: Resolution No. 14-03 Attachment 2: Resolution No. 92-18 Attachment 3: Resolution No. 14-04 Attachment 4: Proposed Complaint Procedure RESOLUTION NO. 14-03 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REPEALING RESOLUTION NO. 92-18 IN ITS ENTIRETY. WHEREAS, Resolution No. 92-18 was enacted by the City Council as a stand-alone resolution on July 21, 1992, which established a formal city policy entitled "Complaint Resolution Procedure for Prompt and Equitable Resolution of Complaints Alleging Violations"; and WHEREAS, the contents of Resolution No. 92-18 were evaluated by the city' s consultant, Recreation Accessibility Consultants, LLC ("RAC") who was hired in 2013 to evaluate the accessibility of city park facilities . RAC recommended the procedure be revised to reflect a simple and expeditious process; and WHEREAS, the City Manager or his designee will create a revised procedure to be adopted under Resolution No. 14-04 . NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona as follows : SECTION 1 REPEALING RESOLUTION NO. 92-18 : All resolutions and parts of resolutions in conflict with the provisions of this resolution, including but not limited to Resolution No. 92-18, in its entirety, are hereby repealed. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk RESOLUTION NO. 14-03 PAGE 1 OF 2 APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-03 PAGE 2 OF 2 RESOLUTION NO. 92-18 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING A COMPLAINT RESOLUTION PROCEDURE FOR PROMPT AND EQUITABLE RESOLUTION OF COMPLAINTS ALLEGING VIOLATIONS BY THE CITY OF APACHE JUNCTION, ARIZONA, OF THE AMERICANS WITH DISABILITIES ACT. WHEREAS, the Americans with Disabilities Act ("ADA") Title II regulations issued by the U.S. Department of Justice require a public entity that employs fifty or more persons to adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging violations of the ADA or its regulations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, as follows: That the Mayor and City Council adopt the following grievance procedure for receipt, investigation, hearing, and deciding complaints alleging that the City, or its officers, employees, boards or commissions of the City of Apache Junction have violated the ADA or regulations pursuant thereto. Any person who believes that the City of Apache Junction has discriminated on the basis of disability or that City of Apache Junction facilities or programs are inaccessible or unavailable for qualified persons with disabilities are encouraged to bring their concerns to the attention of the persons or department of the City involved or the City's Disabilities Assistance Officer. Resolution of complaints at this level is recommended as a first step to allow an opportunity to identify and discuss concerns and explore solutions. 1. Filing and receipt of ADA complaints Any person who believes herself to be aggrieved by a discriminatory practice, program or facility prohibited by the ADA may file with the City Clerk a complaint in writing, under oath. The complaint shall be signed by the person claiming to be aggrieved, and shall state the name and address of the person or location alleged to have violated the provisions of the ADA, and shall further set forth the particulars of the violation, and may include such other information as may be required by the ADA Hearing Officer. Complaints filed under this resolution must be filed within one hundred eighty (180) days after the alleged violation. 2. Investigation, Conciliation procedures The ADA Hearing Officer shall promptly conduct an investigation into each complaint filed with the City Clerk and shall attempt an adjustment of the complaint by means of conference and conciliation. Sixty (60) days shall be allowed for the purpose of investigation, conference and conciliation outlined in this section. RESOLUTION NO. 92-18 PAGE ONE OF FOUR a The investigation should include, where appropriate, a review of the pertinent practices and policies of the City, the circumstances under which the possible noncompliance with the ADA occurred, and other factors relevant to a determination as to whether the City has failed to comply with the ADA. If it appears that the complaint has merit, the ADA Hearing Officer will so inform the City, by providing a copy of the complaint and setting a conference for conciliation within the time frame established by the Hearing Officer. Every attempt will be made through the Hearing Officer for the parties to resolve the matter by informal means whenever possible. If conference or conciliation or similar informal means do not result in compliance with the ADA, the ADA Hearing Officer shall cause to be issued and served a written notice, together with a copy of the complaint, requiring the person named in the complaint, hereinafter referred to as respondent, to answer charges of the complaint at a hearing before the ADA Hearing Officer at a time and place to be specified in the notice. If an investigation does not warrant action pursuant to this section, or a finding that a violation of the ADA occurred, the ADA Hearing Officer shall dismiss the complaint and notify the complainant and respondent in writing of the dismissal . 3. Hearings and Decisions At the hearing provided for in this section, the complaint shall be heard by the ADA Hearing Officer. At the hearing, the complainant or person aggrieved may appear in person or by counsel , and the respondent may file a written answer to the complaint and may appear in person or by counsel . The ADA Hearing Officer, when conducting any hearing pursuant to this section, may permit amendments to any complaint or answer, and the testimony taken at the hearing shall be under oath, and shall be transcribed at the request of either party, or at the direction of the ADA Hearing Officer. The party requesting the transcription shall be responsible for the costs thereof. If the ADA Hearing Officer finds at the hearing that the respondent has engaged in any discriminatory practice or practices, prohibited by this chapter, she shall advise the complainant of her rights under existing state and federal laws and try to achieve resolution of the complaint to the satisfaction of both parties. If the ADA Hearing Officer, upon hearing, finds that respondent has not engaged in any discriminatory practice she shall state her findings of fact, and shall issue and file an order dismissing the complaint. The ADA Hearing Officer shall establish rules and regulations to govern and expedite and effectuate the foregoing procedure and shall maintain the files provided for herein. RESOLUTION NO. 92-18 PAGE TWO OF FOUR 4. Appeals, ADA Compliance Appeals Committee There is hereby created an ADA Compliance Appeals Committee of the City of Apache Junction, Arizona, hereinafter referred to as Appeals Committee, composed of three (3) members, appointed by the City Manager for such terms as are designated by the manager. Appeals may be taken from the decision of the ADA Hearing Officer to the ADA Compliance Appeals Committee by filing a notice of appeal , and the grounds therefor, with the City Clerk no later than fifteen (15) calendar days after the date of the decision of the ADA Hearing Officer. The Appeals Committee shall make its decision on the record established before the Hearing Officer and may affirm, reverse or modify the decision of the Hearing Officer. The decision of the ADA Compliance Appeals Committee shall be final . The Appeals Committee shall adopt such rules as may be necessary to carry out its duties under this section. The State of Arizona rules of administrative procedure shall apply to proceedings before the Appeals Committee unless otherwise provided by the Appeals Committee. 5. ADA Hearing Officer, duties The ADA Hearing Officer shall be appointed by the City Manager. It is the duty of the ADA Hearing Officer to: a. Initiate, receive and investigate complaints charging unlawful practices under the ADA; b. Seek conciliation of such complaints, hold hearings, make findings of fact, and publish her findings of fact; and C. Adopt such rules and regulations as may be necessary within the limits of this resolution and carry out the purposes and provisions of this resolution. 6. Notices Any and all notices required under this chapter to be served upon any person may be served personally on such person or by mailing a copy thereof by certified mail , with return receipt requested, to the most current business or residence address of such person. 7. Other remedies; retaliation prohibited The filing of a lawsuit in state or federal court or a complaint with the appropriate state or federal official can occur at any time. The use of this grievance procedure shall be terminated and not apply where a complaint has been filed with a state or federal official or a lawsuit has been filed alleging the same or similar violations of the ADA. RESOLUTION NO. 92-18 PAGE THREE OF FOUR Neither the City or any person shall intimidate, threaten, coerce or discriminate against any complainant or person for the purpose of interfering with any right of privilege secured by the ADA or because the complainant or person has made a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this resolution or the ADA. The records of any complainant shall be kept confidential to the extent allowed by applicable law, including the conduct of any investigation, hearing or judicial proceeding arising under this procedure. 8. Exceptions Nothing in this resolution shall apply to complaints alleging discrimi- nation against any person, organization or entity other than the City of Apache Junction, Arizona, or an officer, employee or board or commission thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 21ST DAY OF JULY , 1992. SIGNED AND ATTESTED TO THIS 22ND DAY OF JULY 1992. THOMAS DAMIANO Mayor ATTEST: KATHLEEN CONNELLY City Clerk AP T ORM: GLE 44 WT Cit A torney I RESOLUTION NO. 92-18 PAGE FOUR OF FOUR RESOLUTION NO. 14-03 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REPEALING RESOLUTION NO. 92-18 IN ITS ENTIRETY. WHEREAS, Resolution No. 92-18 was enacted by the City Council as a stand-alone resolution on July 21, 1992, which established a formal city policy entitled "Complaint Resolution Procedure for Prompt and Equitable Resolution of Complaints Alleging Violations"; and WHEREAS, the contents of Resolution No. 92-18 were evaluated by the city' s consultant, Recreation Accessibility Consultants, LLC ("RAC") who was hired in 2013 to evaluate the accessibility of city park facilities . RAC recommended the procedure be revised to reflect a simple and expeditious process; and WHEREAS, the City Manager or his designee will create a revised procedure to be adopted under Resolution No. 14-04 . NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona as follows: SECTION 1 REPEALING RESOLUTION NO. 92-18 : All resolutions and parts of resolutions in conflict with the provisions of this resolution, including but not limited to Resolution No. 92-18, in its entirety, are hereby repealed. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2014 . SIGNED AND ATTESTED TO THIS DAY OF 2014 . �j N S. -TITSALACO ayor ATTEST: A �Ll_ � KATHLEEN CONNELLY City Clerk RESOLUTION NO. 14-03 PAGE 1 OF 2 APPROVED AS TO FORM: ,gEr RICHARD J. STERN City Attorney RESOLUTION NO. 14-03 PAGE 2 OF 2 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 7. Piz File ID: 14-87 Sponsor: Heather Patel Agenda Date: 2/18/2014 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 14-04 recommending the city council adopt a new Title II Americans with Disabilities Act and Title VI Civil Rights Law of 1964 complaint and grievance procedure. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 PP ACHt i � G,y O U = r Z City of Apache Junction �R1 0 Development Services Department MEMORANDUM DATE: February 5, 2014 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Coordinator SUBJECT: Complaint and grievance procedure REQUEST Consideration for Approval of Resolution Nos. 14-03 and 14-04 recommending the city repeal Resolution No. 92-18 and adopt a new Title II Americans with Disabilities Act("ADA") and Title VI Civil Rights Law of 1964 complaint and grievance procedure. BACKGROUND The U.S. Department of Justice requires a public entity to adopt and publish grievance procedures providing for equitable resolution of complaints alleging violations of the ADA, the Civil Rights law, or their regulations. In 1992, the city adopted resolution No. 92-18. This resolution outlined an extensive process for customers to file a complaint and seeking resolution to the complaint. In 2013, the city hired Recreation Accessibility Consultants, LLC ("RAC") to evaluate city park facilities for accessibility. As a benefit of the evaluation, a training was offered and recommendations were made on topics as they relate to ADA. RAC evaluated the city's process for filing a complaint and receiving a resolution of said complaint. Their recommendation was a complaint procedure should be brief, easy and geared toward the concept of doing as much as possible to make our programs and services accessible for all residents. DISCUSSION As a result of RAC's recommendation, staff revised the complaint procedure thus resulting in the repeal of Resolution No. 92-18 under Resolution No. 14-03 and the adoption of a new process under Resolution No. 14-04. Barring any objections, Resolution Nos. 14-03 and 14-04 will be presented under consent agenda during the city council's February 18, 2014 agenda. RECOMMENDATION Staff respectfully recommends the city council approve Resolution Nos. 14-03 and 14-04, therefore repealing Resolution No. 92-18 and adopting a new Title II Americans with Disabilities Act("ADA") and Title VI Civil Rights Law of 1964 complaint and grievance procedure. ACTION REQUIRED Recommendation for Approval. Attachment 1: Resolution No. 14-03 Attachment 2: Resolution No. 92-18 Attachment 3: Resolution No. 14-04 Attachment 4: Proposed Complaint Procedure RESOLUTION NO. 14-04 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING A COMPLAINT PROCEDURE FOR PROMPT AND EQUITABLE DISPOSITION OF AMERICANS WITH DISABILITIES AND CIVIL RIGHTS ACT ALLEGED VIOLATIONS . WHEREAS, pursuant to the Americans with Disabilities Act ("ADA") Title II and the Civil Rights Act of 1964 Title VI regulations issued by the U. S . Department of Justice, a public entity shall adopt and publish grievance procedures providing for equitable resolution of complaints alleging violations of the ADA, the Civil Rights law, or their regulations . WHEREAS, on July 21, 1992, the Mayor and City Council adopted Resolution No. 92-18; and WHEREAS, the city hired a consultant, Recreation Accessibility Consultants, LLC ("RAC") in 2013 to evaluate city park facilities for accessibility, which recommended the procedure be revised; and WHEREAS, pursuant to the recommendation, the Mayor and City Council on February 18, 2014, repealed Resolution No. 92-18 under Resolution No. 14-03; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona as follows : 1) The Mayor and City Council adopt grievance procedure set forth in Exhibit One (attached hereto and incorporated by reference) as the for City of Apache Junction grievance procedure for receipt, investigation, hearing, and deciding complaints alleging the city, or its officers, employees, boards or commissions of the City of Apache Junction have violated the ADA or Civil Rights Law or regulations pursuant thereto. RESOLUTION NO. 14-04 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF , 2014 . JOHN S . INSALACO Mayor ATTEST : KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-04 PAGE 2 OF 2 INTERNAL ADA AND CIVIL RIGHTS COMPLAINT PROCEDURE The City of Apache Junction has adopted an internal complaint procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the federal regulations implementing Title II of the Americans with Disabilities Act ("ADA") and Title VI of the Civil Rights Act of 1964, as amended. Title II states, in part that"no otherwise qualified disabled individual shall, solely by reason of disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination" in programs or activities sponsored by the city. All ADA and Civil Rights complaints made against the city, its employees, representatives, and contractors relating to facilities, programs, services and projects, shall be required to adhere to this process in order to file a grievance. All equal employment opportunity complaints shall be filed with the Human Resources Department and may not be handled in the same manner as ADA and Civil Rights complaints under Titles II and VI. Civil rights complaints are valid when the legal basis for the complaint is due to discrimination on the basis of race, color, national origin, religion, sex, disability, or familial status. Depending on the complaint, the following persons shall be responsible for determining a resolution: Complaints filed against the city whether a city program, service or project, will be reviewed by the ADA and Civil Rights Coordinator("ACRC") and forwarded to any applicable state and/or federal agency as required under their guidelines. Additionally, the Arizona Department of Transportation ("ADOT") Civil Rights Office will be provided all civil rights complaints regardless of the nature of the complaint relevant to a project funded in whole or in part by ADOT funding. ADOT will then follow their procedures to determine if the complaint is relevant to their area of jurisdiction. Subsequently, the ACRC and/or ADOT will make a determination and resolve the complaint within 60 calendar days. Complaints filed against a contractor hired by the city shall be reviewed by the ACRC and a copy shall be provided to ADOT within 60 days. The complaint will be reviewed, investigated and resolved within 60 calendar days. Complaints should be addressed to: Bryant Powell, ADA and Civil Rights Coordinator, 300 East Superstition Blvd., Apache Junction, Arizona, 85119, (480)474-5066. 1. A complaint shall be filed in writing or digitally. It must contain the name and address of the complainant, and describe the nature and the date of the alleged violation of the regulations. The complaint must be signed by the complainant or by someone authorized to do so on his or her behalf. A complaint form is available on-line at www.amcity.net/ada or by asking any city staff member. 2. A complaint must be made within 30 calendar days after the complainant becomes aware of the alleged violation. 3. The ACRC will call or meet with the complainant no later than 8 city working days after receipt of the complaint. An investigation, if needed or if appropriate, may follow the meeting. The investigation shall be conducted by the ACRC. Any investigation should be informal but thorough, affording all interested persons an opportunity to submit information relevant to the complaint. 4. The ACRC shall issue, as soon as possible, but not later than 30 calendar days after the complaint is received, a letter or email acknowledging the complaint, which includes a description of the resolution to the complaint. The decision of the ACRC shall be binding and final subject only to an appeal pursuant to A.R.S. 12-901, et. seq. 5. The ACRC shall retain all complaint records and associated documents pursuant to the city's record retention requirements, and shall dispose of them in accordance with such policy. 6. The right of a person to file a complaint under this procedure shall not affect the complainant's right to pursue other remedies such as filing of a complaint with the responsible federal or state agency. Use of this grievance procedure shall not extend the time for filing any complaint with the responsible federal or state department or agency. RESOLUTION NO. 14-04 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING A COMPLAINT PROCEDURE FOR PROMPT AND EQUITABLE DISPOSITION OF AMERICANS WITH DISABILITIES AND CIVIL RIGHTS ACT ALLEGED VIOLATIONS. WHEREAS, pursuant to the Americans with Disabilities Act ("ADA") Title II and the Civil Rights Act of 1964 Title VI regulations issued by the U.S. Department of Justice, a public entity shall adopt and publish grievance procedures providing for equitable resolution of complaints alleging violations of the ADA, the Civil Rights law, or their regulations. WHEREAS, on July 21, 1992, the Mayor and City Council adopted Resolution No. 92-18; and WHEREAS, the city hired a consultant, Recreation Accessibility Consultants, LLC ("RAC") in 2013 to evaluate city park facilities for accessibility, which recommended the procedure be revised; and WHEREAS, pursuant to the recommendation, the Mayor and City Council on February 18, 2014, repealed Resolution No. 92-18 under Resolution No. 14-03; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona as follows: 1) The Mayor and City Council adopt grievance procedure set forth in Exhibit One (attached hereto and incorporated by reference) as the for City of Apache Junction grievance procedure for receipt, investigation, hearing, and deciding complaints alleging the city, or its officers, employees, boards or commissions of the City of Apache Junction have violated the ADA or Civil Rights Law or regulations pursuant thereto. RESOLUTION NO. 14-04 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 42 2UAXI, 2014 . SIGNED AND ATTESTED TO THIS � ' DAY OF 2014 . go J HN S. IN LACO ►Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-04 PAGE 2 OF 2 |NTERNALADA AND CIVIL RIGHTS COMPLAINT PROCEDURE The City of Apache Junction has adopted an internal complaint procedure providing for prompt and equitable resolution ofcomplaints alleging any action prohibited by the federal regulations implementing Title 11 of the Americans with Disabilities Act("ADA")and Title VI of the Civil Rights Act of 1964,as amended.Title ||states, inpart that"no otherwise qualified disabled individual shall, solely by reason of disability, be excluded from the participation in, be denied the benefii of, urbe subjected to diocdminadon"in programs or activities sponsored by the city. All ADA and Civil Rights complaints made against the city, its employees, representatives, and contractors relating to facilities, programs, services and projects, shall be required to adhere to this process in order to file ogrievance, All equal employment opportunity complaints shall be filed with the Human Resources Department and may not be handled in the same manner as ADA and Civil Rights complaints under Titles 11 and VI. Civil rights complaints are valid when the legal basis for the complaint is due to discrimination on the basis of race, color, national origin, religion, sex, disability, or familial status. Depending on the complaint, the following persons shall be responsible for determining a resolution: Complaints filed against the city whether a city program, service or project,will ba reviewed by the ADA and Civil Rights Coordinator("ACRC")and forwarded to any applicable state and/or federal agency oa required under their guidelines. Additionally,the Arizona Department of Transportation ("ADOT") Civil Rights Office will be provided all civil rights complaints regardless of the nature of the complaint relevant toaproject funded in whole or in part by ADOT funding.ADOT will then follow their procedures to determine if the complaint iu relevant to their area mfjurisdiction. Subsequently,the ACHC and/or ADOTwill make a determination and resolve the complaint within 8U calendar days. Complaints filed against a contractor hired by the city shall be reviewed by the/\CRC and acopy shall be provided to ADOT within 60 days. The complaint will be reviewed, investigated and resolved within GO calendar days. Complaints should be addressed to: Bryant Powell,ADAand Civil Rights Coumdinator, 300 East Superstition Blvd..Apache Junction,Arizona, 85118. (48O)474-508G. 1. A complaint shall be filed in writing ordigitally. |t must contain the name and address ofthe complainant, and describe the nature and the date ofthe alleged violation of the regulations. The complaint must be signed by the complainant or by someone authorized to do so on his or her behalf.A complaint form ie available on-line et orby asking any city staff member. 2. A complaint must be made within 30 calendar days after the complainant becomes aware of the alleged violation. 3. The ACRC will call or meet with the complainant no later than 8 city working days after receipt of the complaint. An investigation, if needed urif appropriate, may follow the meeting. The investigation shall be conducted by the ACRC. Any investigation should be informal but thorough, affording all interested persons an opportunity to submit information relevant to the complaint. 4. The ACRC shall issue, as soon as possible, but not later than 30 calendar days after the complaint is received, a letter or email acknowledging the complaint,which includes a description / of the resolution to the complaint. The decision of the ACRC shall bm binding and final subject only bomn appeal pursuant hoARLG. 12-S01. et. seq. 5. The ACRC shall retain all complaint records and associated documents pursuant to the city's record retention requirements, and shall dispose of them in accordance with such policy. G The right of a person to file a complaint under this procedure shall not affect the complainant's right to pursue other remedies such as filing of a complaint with the responsible federal or state agency. Use of this grievance procedure shall not extend the time for filing any complaint with the responsible federal or state department oragency. ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ _ 85119 • Agenda Item No.8. �Piz File ID: 14-83 Sponsor: Roger Hacker Agenda Date: 2/18/2014 Index: In Control: City Council Meeting Presentation by and discussion with Marie Peck of Fetch Foundation. Marie Peck will be presenting FIDO Bags to Mayor John Insalaco, Chief of Police Thomas E. Kelly, and Fire Chief Paul Bourgeois. Presentation and discussion. Ms. Marie Peck, founder of the Fetch Foundation, will present to Mayor Insalaco, Chief Kelly, and Chief Bourgeois six (6) FIDO Bags for use on Police Department and Fire and Medical District emergency vehicles. FIDO Bags enable first responders to resuscitate dogs, cats, and other small animals during emergency situations such as fires or accidents. Community residents and organizations donated funds for the purchase of these bags. Ms. Maxine Leather-Brown, chair of the fundraising campaign, will address the city council to thank donors for their support. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 9. Piz File ID: 14-95 Sponsor: Emile Schmid Agenda Date: 2/18/2014 Index: In Control: City Council Meeting Presentation and discussion by city staff and Arizona Department of Transportation representatives discussing the status of PW2011-05 Idaho Road (SR 88)/Old West Highway Intersection Safety Improvements. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 PQ p,CH�e y� Public Works Department U Z Home of the Superstition Mountains gHIZONP Date: February 5, 2014 To: Mayor and Members of the City Council Through: George Hoffman, City Manager Giao Pham, Public Works Director From: Emile Schmid, City Engineer Subject: PW2011-05 SR 88/ Old West Highway Safety Improvements utilizing Highway Safety Improvement Program (HSIP) funds In 2011 city staff initiated and pursued utilizing Highway Safety Improvement Program (HSIP) funds for the design and construction of an intersection safety improvement project at the intersection of Idaho Road (SR 88) and Old West Highway. Resolution 11-27 was approved by city council allowing the city to enter into an intergovernmental agreement (IGA) with ADOT (JPA/IGA 11-089I) to proceed with this project. Construction items for this project include raised medians along Idaho Road (south and north of the intersection), sidewalk ramp upgrades to make them ADA compliant at all curb returns and pedestrian refuge areas in the Old West Highway Medians, and drainage improvements: Design Construction (FY13/14) (FY14/15) Federal aid funds $118,444.57 $182,224.00 City match: base design & construction $7,159.43 $11,014.60 City match: ADOT design review fee $12,674.00 - City match: Median drainage mitigation design $11,212.00 - Total $149,490.00 $193,238.60 $342,728.60 Total Estimated City Match $31,045.43 $11,014.60 $42,060.03 ADOT is completing the design of this project this fiscal year, with construction to follow shortly thereafter. Both city staff and ADOT feel that the construction of this project provides a significant safety improvement and is beneficial to the travelling public and area residents. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 # FAX (480) 983-5752 or (480) 982-8005 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 10. Piz File ID: 14-101 Sponsor: Bryant Powell Agenda Date: 2/18/2014 Index: In Control: City Council Meeting Presentation by and discussion with Chief Paul Bourgeois of the Apache Junction Fire District. Chief Bourgeois will present the mayor and council members a certificate recognizing the city of Apache Junction as a `Heart Safe' Community by Arizona Department of Health Services. This is an important component of not only the efforts of the fire district to increase the health and wellness of the overall community, but community involvement throughout the city. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. '+PizoN►' File ID: 14-45 Sponsor: George Hoffman Agenda Date: 2/18/2014 Index: In Control: City Council Meeting City manager's report. Presentation. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 12. '+'Piz File ID: 14-94 Sponsor: Kathy Connelly Agenda Date: 2/18/2014 Index: In Control: City Council Meeting Application for a person transfer, location transfer, limited liability company, series 9 liquor license for Date Tree, located at 2925 West Superstition Boulevard. This item was continued at the request of the applicant from the February 4 council meeting in order to remove a sign code violation. The next step in the procedure for a liquor license 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 1 Printed on 611512026 FEBRUARY 5, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR FEBRUARY 18, 2014: APPLICATION FOR A LIQUOR LICENSE FOR DATE TREE (CONTINUED FROM FEBRUARY 4, 2014) An application for a Person Transfer, Location Transfer, Limited Liability Co., Series 9 Liquor License has been submitted by Ms. Andrea Dahlman Lewkowitz for Date Tree located at 2925 W. Superstition Boulevard, Apache Junction, Arizona. Correspondence has been received from the building division, police department, planning department and the fire district, a copy of which is attached. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control. This item was originally heard at the February 4 regular meeting. At that time the building had a sign code violation that needed to be addressed. Rather than have a possible denial by the council due to the violation or have a condition put upon the approval to have the sign removed, Ms. Lewkowitz requested this item be continued to February 18 in order to give the applicant sufficient time to have the sign removed prior to a council recommendation. Apache Junction Police Department Memorandum ro DATE: January 17, 2014 TO: Jan Mason, Deputy City Clerk Chief Thomas Kelly/'(p THROUGH: Captain Troy Mullet�q!, FROM: Lieutenant Jeff Robinson SUBJECT: Liquor License Application for Date Tree Mrs. Mason, I have reviewed the application supplied by Ms. Dahiman and did a physical inspection of the proposed sight. The Police Department has no reason to decline the application for the liquor license as outlined in the application. Jeff Robinson Patrol and SWAT Operations Lieutenant District AQpre y�CC VV Arizona dtP • Apache Junction Fire District o°t"m1eRj� ppOUDLY SERVING 565 North Idaho Road, Apache Junction, AZ 85219 Phone (480) 982-4440, Fax(480) 982-0183 .,. �`)ternatipP� MEMORANDUM TO: Jan Mason, Deputy City Clerk City of Apache Junction 300 E. Superstition Blvd. Apache Jct.,AZ. 85119 FROM: John Suniga,Deputy Fire Marshal �c DATE: January 22, 2014 SUBJECT: Application for Liquor License for 2925 W. Superstition Blvd,Apache Jct.,AZ The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 2925 W. Superstition, (Date Tree). We have recently completed an annual fire and life safety inspection with no major violations found. We therefore would recommend approval of this application. Thank you for your notification on this matter. If you have any further questions regarding this inspection, please feel free to contact my office at 982-4440. Thank You. JOS ATTN: Application JAN UARY 22, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR FEBRUARY 4, 2014: APPLICATION FOR A LIQUOR LICENSE FOR DATE TREE An application for a Person Transfer, Location Transfer, Limited Liability Co., Series 9 Liquor License has been submitted by Ms. Andrea Dahlman Lewkowitz for Date Tree located at 2925 W. Superstition Blvd., Apache Junction, Arizona. Correspondence has been received from the building division, fire district, police department and the planning department, a copy of which is attached. The next step in the procedure is for the city council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the state department of liquor licenses and control. Arizona De t of Liquor k-enns�es and Control it& ashlgg IiOr Notice: Bffeotiva Nov.1,'"T ft,dov to flSee 5 of MR kaim must a tend a � Kqu � � dtfulNlt�--._,r � tM last Ifvo ymlrs Ow Clquor Llmwkig nqutnwetNttb'i ..r - �,.t i ' S t{}N This sppiicstio�l '= "`z'•'`:.' �' Typ�r of ownatrshEp: ❑MORE THAN ONE LICENSE 7}`h''6 ''yr;f`r7f,^•;„,-' ,�::`f' t3 ❑ INTERIM PERMIT Complete S r .5 '�,`; =j{" r '3 ,rt J.T. O.S. Complete Section f6 r- 0 NEW LICENSE CWWQ* 3,4, 1 � IN , Corr�k4e Section I n 6 ry. W PERSON TRANSFER(Bars&L res Y} , ..,, ❑Pt8N1P Coartplete Sectrd� '~ TION Complete Sscdjon 7 Complete Sec#�ons Z,3, o.,.�:�.�'. +�`+� r►►�tl � X LOCATION TRANSFER(Batts 'y� � L BILITY CO. CompWte Son 7 complete Swans x 3 1 , `"'° L SecSon 6 ❑PROBATENVILL ASSIGNME - -' ❑ Complete Sectnion 10 Complete Sections 2, '�,"�,13,1 to UST Complete SecdYon 6 ❑GOVERNMENT Complete Sections 2,31 4,10, ❑OTHER(E. plain) SECTION 3 Type of license and fees LICENSE#(i): p,114000 1. Type of License(s): Series 9 `;•,.� Department Use Only 2.Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES(IF APPLICABLE)ARE NOT REFUNDABLE» The fees allowed under A.R.S.44-6852 will be urged for all dishonored checks. SECTION 4 Applicant P DS(9 [3Mr. LEWKOWITZ ANDREA DAHLMAN 1. Owner/Agent's Name: E]Ms. (Insert one name ONLY to appear on license) Last First Middle 2. Corp./Partnership/L.L.C.:DATE TREE,LLC f�M a�vlp (Exactly as it appears on Articles of Inc.or Articles of Org.) 3. Business Name:DATE TREE (Exactly as it appears on the exterior of premises) 4. Principal Street Location 2925 W.SUPERSTITION BLVD. APACHE JUNCTION PINAL 85220 (Do not use PO Box Number) city County ZIP 5. Business Phone:480-983-5570 Daytime Phone: 602-200-7222 Email:ANDREA@LEWKOWITZLAW.COM 6. Is the business located within the incorporated limits of the above city or town? ®YES ONO 7. Mailing Address:2600 N CENTRAL AVE.#1775,PHOENIX,AZ 85004 City State B. Price paid for license only bar, beer and wine, or liquor store: Type 9 $100,000.00 Type $ �}�(( DEPARTMENT USE ONLY Fees: _flJt _ .._..-- Application Interim Permit Site Inspection Finger Prints $ Q TOTAL OF ALL FEES Is Arizona Statement of Citizenship&Alien Status For State Benefits complete?�r 1-YES ❑ NO Accepted by: .1 Date: I lC?t t 4 Lic.# y t It q(X0 Vn12013 'Disabled Individuals requiring special accommodation, please call(602)542-9027. 1 ECTION 5 Interim Permit: 1. If y i tend to operate business when your application is pending you will need an Interim Permit pursuant to A.R.S. 4-203.0 . 2. There MUST be a vai icense of the same type you are applying for currently issued to the location. 3. Enter the license number cur I at the location. 4. Is the license currently in use?0 YE NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT LOCATION TO THIS APPLICATION. I declare that I am the CURRE WNER,AGENT, CLUB MEMBER, PARTNER, (Print full name) MEMBER, STOCKHOLDER, OR LICENSEE (circle the title which applies the stated license and location. C— State of County of �R X The foregoing instrument acknowledged befd89 me this (Signature) day of My commission expires on: Day Month ar (Signature of NOTARY PUBLIC) CTION 6 Individual or Partnership Owners: EACH P N LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM UC0101),AN"APPLICANT'TYPE FINGERPRINT CARD.AND$22 PROCESSING FEE FOR EACH D. 1. Individual: .Last First Middle %Owned Mails Address City State Zip Partnership Name:(Only the first p%ner listed will appear on license) General-Limited Last First die %Owned Maili2g Address _g_q State Zip 11 13 11 11 0 1:1 Y R A S S E C E N F I T 0 1 2. Is any person,other than the above,going to share in the profits/losses of the bu ess? ❑ YES 11 NO If Yes,give name,current address and telephone number of the person(s). Use ad i al sheets if necessary. , Last First Middle Mailing Address Ci city te,Zip Telephone* SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM LIC0101),AN"APPLICANT"TYPE FINGERPRINT CARD,AND$22 PROCESSING FEE FOR EACH CARD. 0 CORPORATION Complete questions 1,Z 3,5,6, 7,and 8. M L.L.C. Complete 1, Z 4,5, 6, 7,and 8. 1. Name of Corporation/L.L.C.: DATE TREE,LLC (Exactly as it appears on Artides of Incorporation or Articles of Organization) 2. Date Incorporated/Organized:4/24/13 State where Incorporated/Organized: AZ 3, AZ Corporation Commission File No.: N/A Date authorized to do business in AZ: N/A 4. AZ L.L.C. File No:L 1842352-5 Date authorized to do business in AZ: 4/29/13 5. Is CorplL.L.C. Non-profit?❑ YES®NO 6. List all directors,officers and members in Corporation/L.L.C.: Last First Middle Title Maill2a Address Ci!x Stak Ze HUSAYNO TARIQ J. Member 10731 E SUNNYSIDE DR,SCOTTSDALE,AZ 85258 P (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders who are controlling persons or who own 10%or more: Last First Middle— %Owned Mailing Address City State Zip HUSAYNO TARIQ J. 10096 10731 E SUNNYSIDE DR,SCOTTSDALE,AZ 852-59 (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C. is owned by another entity,attach a percentage of ownership chart,and a director/officer/member disclosure for the parent entity. Attach additional sheets as needed in order to disclose personal identities of all owners. SECTION 8 Club Applicants: EAC SON LISTED MUST SUBMITA COMPLETED QUESTIONNAIRE(FORM LIC0101),AN"APPLICANT"TYPE FINGERPRINT CARD,AND$22 PROCESSING FEE FOR EACH OR SECTION Club r LISTED MUST B SON I T Mu S7 EACH - M Applicants: 1A COMPLETED QUESTIONNAIRE 1. Name of Cl Date Chartered: as it appears on Club Charter or Bylaws) (Attach a copy of Club Charter or Bylaws) 2. Is club non-profit? El Y NO 3. List officer and directors: First M I Last First Middle Title Mali!N Address C12ate Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store License: 1. Current Licensee's Name: (Exactly asn appears pnlicense) Last First Middle 2. Assignee's Name: Last First Middle 3. License Type.- License Number. Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL,PROBATE DISTRIBUTION INSTRUMENT,OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTIONIO Government: (for cities,towns,er counties only) 1. Governmental Entity: 2. Person/designee: Last First Middle Contact Phone NumbeR A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SE91VED Person tm Person Transfer: ~' � Questions%nbmcompleted by CURRENT LICENSEE(Bars and Liquor Stores ONLY-Series 0G,Q7.and 08). NELSON R{]8ERT ]DSEpH AGENT c� 1. [�umsntLicensee's Nanna: Entity: (Exactly aod appears onlicense) Lost Rmm Middle (|ndiv..mgenfChc.) SMITH'S FOOD 2. Corporation/L.L.C. Name: (Exactly osit appears onlicense) 3. Current Business Name: FRYS FOOD Q DRUG#48 (Exactly oxn appears nolicense) 4..Physical Street 1�8�E�FLORENCE8LVDe�tLoce�onmfBuaine�a� Stree� ' City, State, Zip [A6AGRANDE,AZ85ZlI 5. LicenseTvpe: SER|ES9L|{2S[R License Number 09114000 � G. |fmnope than one license tobetnans�'nad- L�enmeType: Y~ License Number: \� 7. Current Mailing Address: Street P.O.BOX#1043 (Other than business) City,State, Zip TOLLESON'AZ853S]-10O3 8. Have all creditors, lien holdens, interest holders, etc. been notified of this transfer? N`yEG 171 NO Q. Does the applicantintend to operate the business while this ap lica bon is pending? [l YES S1NO 1f yes,complete Section 5of this application, attach fee, and current license to this application. 10. |. RD8ERT]DSEpHNEL83N , hereby authorize the department to process this application to transfer the (print full name) phvi|egeofthe |imanaetothmopp|icontpnovNedthadoUbanneandconditionwofaa|eonsmet. Based on the fulfillment ofthese conditions, I certify that the applicant now owns or will own the property rights of the license by the date of issue. ROBERTJOSEPHNELSON|. .declare that(am the CURRENT OWNER, AGENT. /NBNBER. PARTNER (print full name) STO oPLICEN e stated license. I have read the above Section 11 and confirm that all statements are State of&2Qrl County of The foregoing instrument was acknowbedgedbafora this MARICOPACOUNTY Day Month Year Aug N1ynornnnis�one�oinason: BILL OF SALE For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, HAMLTON CONSULTING, INC., an Arizona corporation {"Seller l hereby sells, grants and transfers to DATE TREE, LLC, an Arizona limited liability company ("Buyer"), all right, title and interest in and to Arizona Liquor License No. 09114000 ("the License"). Seller Warrants that it is the lawful owner of the License,that the License is free and clear of all claims, liens, or encumbrances except inactive fees which Buyer shall pay to the Arizona Department of Liquor Licenses & Control, and that the undersigned is authorized to execute all ':R documents necessary to effect transfer of the License. This Bill of Sale shall be binding on Seller, its successor and assigns, and shall inure to the benefit of Buyer, its successors and assigns. HAMILTON CONSULTING,INC., an Arizona corporation 12130113 13y: Date James M. Hamilton,President STATE OF 0, ss. County of A SUBSCRIBED AND SWORN to before me this ZQ day of December, 2013 by James M. Hamilton. My Corrunission Expires: Notary Public GINA A.Ej MAROON O ON Hawy P*10 Atlzm s miftaps County MY Comm.Expkn Mgr 25,Z ol 7 BILL OF SALE KNOW ALL MEN BY THESE PRESENTS: fa That Smith's Food & Drug Centers, Inc. (hereinafter referred to as "Seller"), for an ilf-6 consideration of the sum of Eighty Seven Thousand One-Hundred and NoI100 Dollar!R ($87,100.00) and other good and valuable consideration to Seller paid by Hamilton Consulting8 Inc. (hereinafter "Buyer"), the receipt and sufficiency of which are hereby acknowledged and confessed, has bargained, sold, assigned and delivered, and by these presents does bargain, sell; assign and deliver, unto Buyer all of the Seller's right title and interest in and to all of thy following described personal property in Pinal County, Arizona, to wit: Arizona liquor license#09114000 This Bill of Sale shall be binding on Seller, its successors and assigns,and shall inure to the benefit of Buyer,its successors and assigns. EXECUTED this day of December 2013. SELLER: Smith's Food&Drug Centers, Inc. �7r�jn STATIE OF ARIZoNA 4 E PARTA ENT OF L--1QUOR! ,LWEN$-fs � AND oNTRO E U. " 3--EV �. tci r.•.i ��ENW -]%ERAG,. IC u. License 09114000 r, p Issue Date: 9/10/2007 Expiration Date: 8/31/2014 : �'� :H• 'Issued To: -1� H NELSON,Agent Liquor Store ROBERT JOSEP NE I Mailing Address: {*% I : I SMITHS FOOD&DRUG CENTERS INC, Owner �k I Location: - - _...,, _ROBERT JOSEPH NELSON i FRY'S FOOD&DRUG#48 SMITH'S FOOD&DRUG CENTERS INC 1385 E FLORENCE BLVD : ' FRY'S FOOD&DRUG#48 !- r t i _ CASA GRANDE,AZ 85222 Y P O BOX 1043 TO AZ 85353-1003 Yl� ti J� �p _ POST"i SI,kCF.CJSE WA CONS OWS MACE rz,.� .��` ='r ,ij�i ' �.'R,7+f` y'�"" '�. �,y"i" i� �a ;�,+��y�t �' ,r'i"- r r -•�- "�"'`-� r> A. , � \t',i, :; /ff 4a.s+j\� _-\flff z• --\f�� '-�.: - '! --�,-- - / ,��,4,� i!/ �,?:�'i��,�,��.� 1�!l!! S=s�tiz pit ,�� . SECTION 12 Location ho Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE 1. Current Business: Name FRYS FOOD&DRUG#48 (Exactly aait appears onlicense) Address 1385EFbORENCE8LVD.'CASAGRANDEAZ 85222 2 New Business: Name DATE TREE (Physical Street Location) Address]Q25VV SUPERSTITION BLVD.,APA[HEJUN[T|ON.AZ 89VO ��K|E�9 09114000 3� License Type: License 4. |f more than one license tobe transferred: License Type:N/A License Number: N/A 6. What date do you plan to move?When license isissued What date do you plan to open?Currently n9#00 SECTION 13 Questions for all in-state appRuomba excluding those al2plying for gove glOe (series 6, 11~and 12): -- XRS.§4-207(A)and(B)state that no retailers license shall be issued for any premises which are at the time the license application is the director,within three hundred(300)horizontal feet of a church,within three hundred(300)horizontal feetofo public orprivate school building kindergarten programs nr grades one(1)through(12)ox within three hundred(0O)huhzoma|feet ofa fenced recreational area adjacent|o such��mdbuilding. � The above paragraph DOES NOT apply�� cu a)Restaurant license(§4-2U {2) d Government license(§4-2O503) co b)HoteVmote|license(§4-285O1) d)Fenced playing area ufa golf course(§4-207(B)(5)) 1 Distance to nearest school: 4KX} ft. Name of school Sousa Elementary School Address 016N.Mountain Rd,Mesa,AZQ5ZO7 City, Stmte, Zip 2. Distance to nearest church: 2600 ft. Name of church Desert Chapel U ited/Ne\hmjistCh oh Address 463N Palo Verde,Apache Junction,A2851ZO City, Gtato, Zip 3. |mmthe: Ohsaoee [l Sublessee [] Owner Fl Purchaser(of premises) 4. |f the premises io leased give lessors: Name K&H Property,LLC Address 1O731E Sunnyside Dr.,Scottsdale,Az852S9 City, Sbate, Zip 4s. Monthly rentaitleaaarate 2,200l0 VVhatimthanannaininQ |engthofthe |eaao4 yrs.3 mos. 4b. What io the penalty if the lease is not fulfilled? $50.00 per m or other (give details-attach additional sheet i,necessary) 5.What is the total business indebtedness for this license/location excluding the lease? 0I0 Please list lenders you owe money to. Last First Middle Amount Owed Mailing Address (ATTACH ADDITIONAL SHEET/pNECESSARY) G. What type of business will this license be used for(be speoific)? CONVENIENCE STORE 5 SECTION 13 -continued 7. Has a license or a transfer license for the premises on this application been denied by the state within the past one(1)year? [] YES Z NO M yes, attach explanation. 8. Does any spirituous liquor manufacturer,wholesaler, or employee have any interest in your business? []YES X NO S. |s the premises currently licensed with a liquor license? OgYES [] hJ[) |f yes, give license number and licensee's name: License#10113234 (exactly amh appears onlicense) Name Tmriq]'Husay»o '--liECTION 14 Restaurant or hoteUmotel license applicants: 1. Is t an existing restaurant or hotel/motel liquor license at the proposed location? El YES El NO isti I�fyte s,g i hxe name of licensee,Agent or a company name: and license#: Last First Middle 2. If the answer to Question i YES,you may qualify for an Interim Permit to operate whileyour application is pending;consult 3. All restaurant and hotel/motel applican ust complete a Restaurant Operation Plan (Form LIC01 14)provided by�he Department of Liquor Licenses and Control. 4.As stated in A.R.S. §4-205.02.G.2, a restaurant i n establishment which derives at least 40 percent of its grow_revenue from the sale of food. Gross revenue is the revenue *ved from all sales of food and spirituous liquor on the licensed premises. By applying for this 0 hotel/motel EEI rest2ura i ense, I certify that I understand that I must mainto a minimum of 40 percent food sales based on these definitions a ave included the Restaurant Hotel/Motel Re(*rds Required for Audit(fomn LIC 1013)with this application. As stated in A.R.S§4-205.02 (B), I understand it is my responsibility to contact the rtment of Liquor Licensbq and Control to schedule an inspection when all tables and chairs are on site, kitchen equipme nd, if applicable, pr-,')—barriers th ui ig ature ment of pplicabl en and are in place on the licensed premises. With the exception of the patio barriers, these items are t required to be properly installed for this inspection. Failure to schedule an inspection will delay issuance of the license. If are not ready for your inspection 90 days after filing your application, please request an extension in writing, specify why the e sion is necessary, and the new inspection date you are requesting. To schedule your site inspection visit www.azliquor.gov and k on the "Information"tab. pplicants in7itials SECTION IS Diagram of Premises: (Blueprints not accepted,diagram must bmon this form) 1. Check ALL boxes that apply to your business: El Entrances/Exits IN Liquor storage areas patio: [] Contiguous [] Service windows §9 Drive-in windows [] Non Contiguous Z Is your licensed premises currently closed due to construction, renovation, or redesign? 0YE8 9NO |f yes,what io your estimated opening date? 3. Restaurants and hotel/motel applicants are required to draw a detailed floor plan of the kitchen and dining areas including the locations nf all kitchen equipment and dining furniture. Diagram paper is provided on page 7 4. The diagram (a detailed floor plan)you provide is required todisclose only the area(s)whmreopiritous liquor imtu be sold,served, consumed, dispensed, possessed, or stored on the premises unless it is a restaurant(see#3 above), 5. Provide the square footage ur outside dimensions nf the licensed premises. Please du not include non-licensed premises, such aaparking |wha. living quarters, eh:. As stated |nA.R.S. §4-207.01(B), Iunderstand it immy responsibility to notify the Department of Liquor Licenses and Control when there are changes to boundaries, entrances, exits, added or deleted doors,windows mam/ica vmindwoNs/ori0crease or decrease tothe square footage after submitting this initial drawing. applicants initials SECTION 15 Diagram of Premises 4. In this diagram please show only the area where spirituous liquor is to be sold, served, consumed, dispensed, possessed or stored. It must show all entrances, exits, interior walls, bars, bar stools, hi-top tables, dining tables, dining chairs, the kitchen, dance floor, stage, and game room. Do not include parking lots, living quarters, etc. When completing diagram, North is up T1. If a legible copy of a rendering or drawing of your diagram of premises is attached to this application, please write the words"diagram attached" in box provided below. Diagram attached SECTION 16 Signature Block ANDREA DAHLMAN LEWKOWITZ hereby declare that I am the OWNER/AGENT filing this (print full name of applicant) application as stated in Section 4, Question 1. 1 have read this application and verify all statements to be true, correct complete. X (signature oi-a-P)MRagnt listed in section 4, e tion 1) AM'f L SC 9f State of Arizona County of MaricOP3 Notary Public- 2017 XWons MaricGpa County The foregoing instrument was acknowledged before me this My Commission ExplIMS 01 Feb ry rua 12, 7] 10 of January 2014 Day Month Year My commission expires on'. 12 02 2017 ft 1�-all jC114-Is" Day Month Year signature o�r Y PUBLIC 7 Q Y Y ul J m --i z 10 rz a 'TA1 * N G �..5� Ts 1 ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL y� 800 W Washington 5th Floor � G1 l� Phoenix AZ 85007-2934 &02,542-51 Attention all Local Governing Bodies: Social Securi jan Is Confidential. This information may be given to local law enforcement agencies for the purpose a c `)iecl be blocked to be unreadable prior to pasting or :Eiy {i��► Read carefully. This fnstru t i a's p _ e yype or Tint with BLACK INK. An extensive investigation of you c J u 1Nil Co. clad. False or incomplete answers y-y could result in criminal prosecutio tf t, ie�ti'e ent revocation of a license or permit .ts. TO BE COMPLETED BY EACH CONTROLLING PERSON,AGEOR�i1 ,~ N COMPLETING THIS FORM MUST SUBMIT* "APPLICANT"TYPE FINGERPRINT CARD AVAILABLE AT TH kFl It BI-APPROVED CARDS ARE ACCEPTED FR W ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SE dR LIQUOR. THE DEPARTMENT CHARGES A!t3 FEE. In addition to other fingerprint fees,a$22 DPS background check i be charged for each fingerprint card. Liquor LicenSf The fees allowed by A.R.S.5 44-6852 will be charged for all dishonored checks. 09114000 ,- (If the location Is currently WiPrised) 1.Check ❑Controlling Person [@Agent ❑ Manager(Only) 4 appropriate (Complete Questions 1-19) (Complete All Questions except#14PO4a&21) box —♦ Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must co fete#21 2, Name: Lewkowitz Andrea Dahlman Date of Birth: Last First Middle (NO a Public Record) 3.Social Security Number ll Drivers License It 11110IM11F State: Arizona (NOT a public record) (NOT a public record) 4. Place of Birth: Mankato MN USA Height: 5'8 Weight: 135 Eyes: HZl Hair. Blonde City State Country (not county) 5. Marital Status ❑Single 29 Married❑Divorced❑Widowed 6. Name of Current or Most Recent Spouse: Lewkowitz Harold Jerome N/A Date of Birth:�� (List all for fast 5 years-Use additional sheet if necessary) Last First Middle Maiden (NOT a public record) 7. You are a bona fide resident of what state? Arizona If Arizona,date of residency: 04/1961 8 Telephone number to contact you during business hours for any questions regarding this document. (602)200-7222 9. If you have been an Arizona resident for less than three(3)months,submit a copy of your Arizona driver's license or voter registration card. 10. Name of Licensed Premises: Date Tree Premises Phone: (480)983-5570 11.Physical Location of Licensed Premises Address: 2925 W.Superstition Blvd Apache Lu nction Final 85220 Street Address (Do not use PO Box 9) City County Zip 12.List your employment or ty De of business during the past fire 5years.If unemployed part of the time, list those dates. List most recent 1st FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (street address,city,state 8 zip) 04/2009 CURRENT Attorney Lewkowitz Law .Central Avenue. 5 Phoenix,AZ 85004 12/2003 04/2009 Attorney 3101 Lewkowittz�L �Nw. Central Avenue #200 Phoenix AZ 85012 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate our residence address for the last five 5 ears: FROM TO Rem or RESIDENTIAL Street Address Month/Year MonthfYear Own If rented attach additional sheet with name address and phone number of landlord city State Zip 02/1998 CURRENT Own 5745 N.25th Street Phoenix AZ 85016 April 16,2012 Disabled Individuals requiring special accommodations,please call the Department.(602)542-9027 If you checked the Manager box on the front of this form skip to#15 14.As a Controlling Person or Agent,will you be physically present and operating the licensed premises? FIYES [@NO If you answered YES,how many hrs/day? ,and answer#14a belo If NO,skip to#15. 14a. Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proo� []YES EINO If the answer to#14a is"NO",course must be completed before Issuance of a new license or approval on an existing license. 15. Have you been cited, arrested, indicted or summoned into court for violation of ANY law mordinance, El YES [K NO regardless of the disposition, even if dismissed or expunged,within the pastten(1D)years? In addition, please include all traffic tickets and complaints within the last ten (10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol ordrug-re|mbod. 16.Are there ANY administrative law citations, compliance actions or consents,criminal arrest, indictments 7y ~ IN NO PENDING oinmtyouorAN9�nbb/ invxh�hyouanon«mwinvo|v�d? Include — ~. summonses traffic tickets and complaints, ;9 17. Have you or any entity in which you have held ownership, been an officer, member, director ormanager []yS E]NO EVER had obusiness, professionalor liguor application or license reiected, denied, revoked, suspended C� orfinedin this or any other state? -4 18. the []YE��N[) ~ � � 19. Are you NOW orhave you EVER held ownership been m controlling person, been anofficer, member, OYEArAN NO director or manage on any other liquor license in this or any other state? -- lf.,py answer to Questions 15 through 19 is"YES"YOU MUS attach a sign_eo Atat ment. Give ddrnplete details including dates, agencies involved, and dispositi6ni. SUBSTANTIVE CHANGES TO THIS APFTICAMN VVILL NOT BE ACCEPTED 20. 1. Andrea DohhnuoLcnknvitz hereby declare that|om the APPLICANT/REPRESENTATIVE (print full name oxApplicant) filing this ire. I have read this questionnaire all statements are true, correct and complete. F X State of Arizona Countycf Maricopa tro ore me this Maury Public-Arizona Year Day Month Year (Sign OTARYPUBLIJ U '_--�COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21. The applicant her uthorizes the person named on this questionnaire to act as manager for the named liquor license. The manager named mu at least 21 years of age. State Of —County of The foregoing Instrument was acknowledged before me this X day of Signature of Controlling Person or Agent(circle one) Month Year (Sign of NOTARY PUBLIC) Print Name My commission expires on: Day Month Year 2600 North Central Avenue LEW KOWIT Suite 1775 Z Phoenix,Arizona 85004 LAW '6FFICE, PLC t, 602.200.7222 ,% 602.200.7234 www.1ewkovvJtzlaw.co'n1 Andrea D.Lewkowitz H.J.Lewkowitz January 10,2014 Connie Wagner,Director of Licensing Department of Liquor Licensing&Control 800 West Washington Street,5th Floor Phoenix,Arizona 85007 cxa Re: Alien Status Form and Passport Dear Connie: My completed Alien Status form and a copy of my passport are on file at the Arizona Department of Liquor licenses and Control. If you require more information from me,please call. Thank you! Sinc Andrea D. Lewkowitz ADUals ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 4PO�2'542-51 i REf ll WAS Attention all Local Governing Bodies: Social Securl is Confidential. This information may be given to �local law enforcement agencies for the purpose o kjOrf: ec be blocked to be unreadable prior to posting Read carefully. This instnr t i a sift' a yips or print with BLACK INK. An extensive investigation of you c it w I co tiled. False or incomplete answers ►-" could result In criminal prosecutio _ > x: : a tab ent revocation of a license or permit. TO BE COMPLETED BY EACH CONTROLLING PERSON,AGEN COMPLETING THIS FORM MUST SUBMIT;*N CBI-APPROVED CARDS ARE ACCEPTED FRLAW 'APPLICANT'TYPE FINGERPRINT CARD AVAILABLE AT TH ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SE 6 LIQUOR, THE DEPARTMENT CHARGES 43 FEE. in addition to other fingerprint fees,a$22 DPS background check be charged for each r" fingerprint card. Liquor LicenscW The fees allowed by A.R.S.§44-6862 will be charged for all dishonored checks. 09114000 (If the location is currently I nsed) 1.Check V Controlling Person Agent Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions exceg #1 4a&21) box —0• Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must c lets#21 2.Name: HUSAYNO TARIQ J. (initial only) Date of Birth: Last First �■�,�Middle (NOT a Public Record) 3.Social Security Numb Drivers License State:AZ (NOT a public record) (NOT a public record) 4. Place of Birth: BAGHDAD IRAQ Height: 5'4" Weight: 160 Eyes: GM Nair:Brn City State County (not county) 5. Marital Status Single ✓ Married Divorced Widowed ■■ 6. Name of Current or Most Recent Spouse: HUSAYNO AHLAM S.(initial only) Date of Birth:"��"'"Now* (List all for last 5 years-Use additional sheet if necessary) Last First Middle Maiden (NOT a public record) 7. You are a bona fide resident of what state? ARIZQNA If Arizona,date of residency: 1997 8 Telephone number to contact you during business hours for any questions regarding this document. 602.370.6283 9. If you have been an Arizona resident for less than three(3)months,submit a copy of your Arizona driver's license or voter registration card. 10. Name of Licensed Premises: DATE TREE Premises Phone: 480.983.5570 11. Physical Location of Licensed Premises Address: 2925 W. SUPERSTITION BLVD., APACHE JUNCTION PINAL 85Z20 Street Address (Do not use PO Box#) City County Zip 12. List youremployment or ty De of business during the past five 5years.If unemployed part of the time,list those dates. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (street address,city,state&zip) 512013 CURRENT OWNER Date Tree Liquor,2925 W.Superstition Blvd.,Apache Junction,AZ 85WO 612008 812011 OWNER Sun Stop,1212 E. Apache Blvd., Ste 1, Tempe, AZ 85281 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate our residence address for the last five 5 ears: FROM TO Rent or RESIDENTIAL Street Address MontWear Month/Year Own If rented,attach additional sheet with name address and phone number of landlord city State ZIP 811997 CURRENT O 10731 E. Sunnyside Drive Scottsdale AZ 85259 April 16 2012 Disabled Individuals requiring special accommodations,please call the Department.(602)542-9027 If you checked the Manager box on the front of this form skip to#15 14.As a Controlling Person or Agent,will you be physically present and operating the licensed premises? YES of 1 O If you answered YES,how many hrs/day?_,and answer#14a below. If NO,skip to#15. 14a. Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) YES AO If the answer to#14a is"NO",course must be completed before issuance of a new license or approval on an existing license. 15. Have you been cited, arrested. indicted or summoned into court for violation of ANY law or ordinance, YES ✓ NO regardless of the disposition, even if dismissed or expunged, within the past ten (10)years? In addition, please include all traffic tickets and complaints within the last ten (10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related. 16.Are there ANY administrative law citations, compliance actions or consents, criminal arrest, indictments YES ✓ NO or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal C4 traffic tickets and complaints. 17. Have you or any entity in which you have held ownership, been an officer, member, director or manager V Yf S NO EVER had a business, professional or liquor application or license rejected, denied. revoked, suspended _JR or fined in this or any other state? 18. Has anyone EVER filed suit or obtained a judgment against you, the subject of which involved fraud or YtS ✓ NO misrepresentation? r9b 19. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member. I/Yft NO director or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 19 is"YES"YOU MUST attach a signed state Give complete details including dates, agencies involved, and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20. 1, TARIQ J. HUSAYNO , hereby declare that I am the APPLICANT/REPRESENTATIVE (print full name of Applicant) filing this questionnaire. I have read this questionnaire and all statements are true, correct and complete. ARIZONA MARICOPA X State of County of (Signat ANDREA D.U WK0 M7Z The foregoing instrument was acknowledged before me this County of Mwicopn Notary Public 3rd day of JANUARY 2014 Commission#211209 My Co fission Expires Month "7 Yeat June 7,2M4 My commission expires on: Day Month Year (Signature of NOTARYPUBLIC) COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21. The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license. The manager named must be at least 21 years of age. State of —County of The foregoing instrument was acknowledged before me this X day of Signature of Controlling Person or Agent(circle one) Month Year (Signature of NOTARY PUBLIC) Print Name My commission expires on: Day Month Year Supplement to Questionnaire Tariq J. Husayno #17. License number 09070098 received two violations(sales to minor)in 2007;Fines paid. 19. 1 have served as a controlling person for the following liquor licenses: * 2013-current: Date Tree,2925 W. Superstition Blvd.,Apache Junction,AZ (series 10). * 2007-2011: Sun Stop, 1212 E. Apache Blvd., Ste 1, Tempe, AZ (series 9) * 2004-2006: Tempe Beer&Deli,2044 E Southern Ave, Tempe, AZ (series 10) * 1981-1995: Star Market, 1806 W. 13 Mile,Royal Oak, MI (beer&wine license) "'� ;.:Kit : J�'-h� �,+t�.•�.`b•�t,.;��.'L`�f":,^S-.;,_`'LT�•`T.�i+3'�X�"y.t�i'��' :`�":.?�.. .ter��c:•L• Mvft array mfral "^Lf •.,__ `z_ r UrsitaYr%med berein to part wsibo •' .p sn.t&se of nerd,4!OOagive all latvfid aid anal pea t'"• :i ? —: • ' ^•.i.-- `. 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APR 14 2013 AMC M OF ORGANMATIQN FOR FU Mai-d5_14 An Arlmmna Limited Liability Company Pwffuant to A.R.S.29-632 the undersiped rWu mfallaws: ARTICLE I R NAME:Tho unna of this limitad liability campany is Date Tree,LLC r�jw•�r rrp(��1 ARTICLB H 1 KNOWN PLACE OF BUS MESS AND REGIgi7MM OFFICE:The registered offim Of W's Lmmitcd Liability Company is: 2925 W.SWazzlition Blvd, Apadw Junction.AZ 85120 i In the city of Apache Juncdon, County of Mwicopk State of Atizonn,and may transact' ` lb businem and maintain offices fw such purposes at arch odw places dffia within at�- without the Styx of Arizona. t ARTICLE III i - STATUTORY AGENT: `lie name and mailing address of the Reg=%,ed Apnt for'this Limited L.iabulity C4=pmy who agrees and on w1mm service of proms, nod= ova � -1- -,ucl float is required cr pmnd tad by law to be served ao the Lhnitcd Liability w compaw in; Tark Husayno 2925 W.Supemtdian Blvd. i . Apacba AmWoa,AZ 85 120 ARnCLE IY BUSINESS PURPOSF--This Limited Liebilk Company intends to in any lawfd business, subject to z'proviaians of law gmaning or regnlatic,g such business within this State. http://images.azcc.gov/scripts/cgi/dwispart2.pl?COMMAND=4&SESSI ONID=MYhSyRIF... 1/3/2014 1 Page 2 of 5 ARTICLE V NL1.MaER AND f.LASM OF 103M MS: Vie Liinhad Liability Company is being famed. with ONE member as pr+avitled under Arizona Law. If howww, thwe he mare mambas, their isrter 4 psrtiapntion end voting righia may be allocated bet%vcn dearest cremes of members es may be mthmiaed umler rcguisdom ti*adopted in an Operating Agmement AllstTIcl.E VI MANAGEMENT STRUCTURE: They martdgemew of this Limited LMility Company dwH be ieeervod to the member or mambm,whichavver the case many be,and who dWI adopt an OpmutixB Agreemew contai ing all of the provisions deeumd appropdate wA conatent with laves thist Bove=the cottRl d of its bull ms affair9e,its stutborides. and powers, and the and xcitc% dtttits, rights and powers of its members, managers, offteem employees or agents. T= membm(s) may, by lawful consent, appolot one or mom uw mbar to manage the busiutestt atTairs and property of tltc+oc mmu and whose authorities, dudes, right and povan shall be sutharieed pursuant to a duly sdapW Operating Agreement ti F-z The name(&)and Wmn(as)of au pcnoa(s)who 960 be 6c tewGd nwmbe*)of this Lunt id Liebi6i4 s" Go qmw st the time of 4b fgnne2i®is(sue); Tariq Husq= 2925 W.Supenddon Blvd. � !padre]unction,AZ 95120 r- n ARTICLE VII w TERM AND DURATION; The dorm sM duration of this Limited amity Company shalt bey perpetual.imlcss soo=dissolvtd nt manna sudxviaad by State Laws; ARTICLE VM CAPITALIZATION: This Limited Liability Company shall be initially capitalized with Capital omtribu dom made by its member(s) who may 000ttribum, or promim to conuiWtc cash,property or services. The value of the capital contributions of property or services is the fanr market vslne of so& property or =vk= citkr at the time the property is brwfally traost aced or the x viocs are rmu6rad to this Limited Liability Company. ARTICLE IX LIMITATION OF UA.HILrFY; The members, mangpxv. employees, officers at agents of this Limited Lad ilityy C onva y are rat liable, solely by ream of being a member, http://images.azcc.gov/scripts/cgi/dwispart2.pl?COMMAND=4&SESSIONID=MYhSyRIF... 1/3/2014 1 Page 3 of 5 managers,empiayce,officer or qxd of this Limited Liability Campany whedw umdit in cobstrad or tort!under aimigment decree or order of court or otherwise. ARTICLE X LAWFUL AGENTS: (a) If management of this Limited Liability Compaq is varied with the members, as may be provided ha via urger Article VI, ewb such member is a lawful agars of this Limited Liability Cooapsmy for the ptwp w of cenying an its busimas in the usual w W,unless any such member bias,in Sm no a ushority to act£out this Limited Liability Compaq w pro►i W eltber wdw FanWv*(b)of this Article or t& Operating Agreement;of wnvisos,the acts of'each member,incMing the ewcudion in the name of this Lamited Liability Company of my documcm,, irate or busincna palms for carrying on is the usual way, the busincu of this Limited Liability Company, lcplly binda this Limited Liability Company it all busing traonsavdans. (b)If management of d9s,Limited Liability CompuW is gored.in ow cc nx=mwnpre. as may be provided herein under ArticJe VI. a member is not as agent of thi: United LireUft Cam Wy for the purpose of e rlb►8 on its business in the usual wady, as each manager is the lawful agent of this Limited Liability Company and wbose acts, including the menu in the name of this Limited Lubility Com pay of any doru meet,,,- inattumenot or business pup s fat cm yiug on in dx usual way, the business of diia-r- L.in ited Liability CompaW, logallp bawds this Limited Liability Company in all business Unnsactiona. ARTICIR 301 ASSIONI1 ,LEIU OF Aylli3 OM INIMREST: (a) The int=wt of any naambor may be assigned in whole or in part to a third party or parties, provided, howvem, such assignme d floes not dissoh* this Limited Liability Company; nor does it entitle the � assignee to parttcipade in the mwmguwnt of the buainm and oAiis of this Limited Lo Liability Company, unless assignee is duly admitted as a m=*w upon the written unanimous conunt of all wanbcM (b)If an interest in this Limited Whility Compony is wj*ired directly f m this Limited Liability Company up=the unamintoua coos=of all mcmbco,dm luck an Wdi Tonal member is etditied to all of the rights,privileges,in r ies mud restrictions wca mled all in nab=gunman to there Articles of O3r9tetizat"= and/or the duly adopW Operating Agmmuent (c) When a member assigns all or part of his or bw intamd in this United Lie>fxlky Compmy to a tltad Party or parties, such mmabor is not released fiom his or her liability to thiv Limited Liability fi nny,unless, or unfit the written unartittr m o nsent of all members is given,whether or not assignee has been accepW as a lawfW mamma of this Limited Liabithy C'iomparty. 3 http://images.azec.gov/scripts/egi/di&ispart2.pl?COMMAND=4&SESSIONID=MYhSyRIF... 1/3/2014 4 Page 4 of 5 ARTICLE X11 DMEMWICATION:This lludwd Lability Cwnpeay shrill indemnify evay nmaarr- employm nfficcr, spat or my odw Pero= perfa>araing the uaual business of this Lirvited Liabift Coaeq*V, or his or her heirs. exocutttrs and adminW atots, against expenses, reasonably inewnd by him or bar in connectioon with any adloit, suit ter proceeding holding such pmwn tm be liable ft nWipme or omtwonduct. In the event of v edtivmc d> ' I- m ificatiami shalt be Vmvided o* im vomuut m with such maob= omred by ft scllteoxu a: to which thus iairnfod Liability Comp my is advised by mmscl that tiro pert m to be indanniHad did not commit such Mach of duty; bovww,th b right ofimdowifle mfim aMH rwt be mvluaive of other rights to which he or do may be entitled. And ss used is On Article, expen as slush inch do arum is of judgments,penalties or fines rexWerao A or levied*Safest mch manager or m=bm and the amounts paid is scttictacnt dhavof,pravidai,however, such paymmts shall have been approved by all tire:members of ibis Liiahai Liability Company. ARTICLE XIII AG"TTON BY CONSENT:Any actiau taken by the members or managers,whi hnw isc... vcsW with the managgriient of the business .and aftra of this Limited Liab`� Company, which sipdamutly aflma edbu &e capital or liability of this Lwated Liability company shall be fuat duly wAdmiaod by the writtm unudiimou cony d of all w. ofthe msusgers or member.w'hicher=appHcsblr- W AR M OPBRATNG AGR88A+I Wr-. If tbere be two or more numbers, the members shall bye? unenimom onow rt,adopt an tlpKating Agarmi=t at their OrgunzadotW MccUM that will c bma the mamgea md, regulations and government of the business affairs and pmpaty of this Lmdtcd Liability Company.Said Opemtierg Agreer wit racy be amended frc m time to time by a naje ty vote of the ma nbm or managers,whichvm is veered with the management of this Linufad Liability C..+cy Wwy AR17CLS XV XEC€ RD DATE:The mwt+d date of this I;bzW Lisbilitty Courpmy for dre purposa of whidimg up its year and tizinaas affairs,which may iorkde the apgoinummo.resigt:*n. wi1bdnwa1 or agdr Ilion of tbs tone of any zMointod mensger, or the assignment and truawfa of smy mFmbWx interest and votaig rights or any other opetaftmal mom,shall be Decrosuber 31,of each year. 4 http://images.azcc.gov/scripts/cgi/dwisgart2.pl?COMMAND-4&SESSIONID=MYhSyRIF... 1/3/2014 Page 5 of 5 IN WITNEm NFamwir,i bwe mat mar hmd tbb ty of Ap%2013 SW ed: TARIQ HUSAYNO ACCEPTANCE OF APPOINAENT BY STATUTORY AGENT I.TARIQ HUSAYNO,havhw beet des pAud to fret as S'bwocy Agent bmby a to ad in that ctrwdtp until removed at resigma on is subomitted in aecm moe wkh the Arizona Rcvie & t uM TARIQHUSAYNO li w JL.. V V• n LO 1 http:Himages.azcc.gov/scripts/cgi/dwispart2.pl?COMMAND=4&SESSIONID=MYhSyRIF... 1/3/2014 1 NOTICE The attached application for a Person Transfer, Location Transfer, Limited Liability Co., Series 9 Liquor License submitted for Date Tree located at 2925 W. Superstition Blvd., Apache Junction, Arizona, was posted on the 14th day of January, 2014, at 3:00 p.m. Any person who is bona fide resident of the age of nineteen (19) years or more, residing, owning, or leasing property within one-half (1/2) mile radius from the proposed premises to be licensed may file written arguments in favor thereof, or objections thereto with the city clerk at city hall within twenty (20) days after the date of posting. Arguments for, not objections against, shall be filed thereafter. A public hearing will be held Tuesday, February 4, 2014, at the City Council Chambers, 300 E. Superstition Blvd., Apache Junction, AZ at 7:00 p.m., at which time any objections filed will be heard. Kathleen Connelly City Clerk DO NOT REMOVE THIS NOTICE AND/OR ATTACHMENTS. REMOVAL OF THIS APPLICATION MAY JEOPARDIZE CITY COUNCIL RECOMMENDATION. January 14, 2014 Andrea Dahlman Lewkowitz Date Tree 2600 N. Central Avenue, #1775 Phoenix, AZ 85004 Dear Ms. Lewkowitz: Please be advised that the application for a Person Transfer, Location Transfer, Limited Liability Co., Series 9 Liquor License submitted for Date Tree, located at 2925 W. Superstition Blvd., Apache Junction, Arizona, was posted on January 14, 2014, in accordance with state law. The Apache Junction City Council will hold a public hearing on February 4, 2014, at 7:00 p.m. in the City Council Chambers, 300 E. Superstition Blvd., Apache Junction, at which time the city council will consider a recommendation for approval or disapproval which will be forwarded to the Arizona Department of Liquor Licenses and Control. Please note that the city council frequently has questions for the applicant. It is strongly recommended that you attend this meeting in order to avoid any delays in the processing of your application. There is a $50 non-refundable application fee that is due and must be received prior to Tuesday, January 21, 2014, in order for this application to be placed on the city council agenda. If you have any questions concerning this matter, please contact my office at (480) 474-5068. Sincerely, Kathleen Connelly City Clerk JAN UARY 14, 2014 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY BUILDING DIVISIOIN PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR LIQUOR LICENSE FOR DATE TREE Ms. Andrea Dahlman Lewkowitz has submitted an application for a Person Transfer, Location Transfer, Limited Liability Co., Series 9 Liquor License for Date Tree located at 2925 W. Superstition Blvd., Apache Junction, AZ 85120. Please conduct the necessary inspections and submit your recommendation by Tuesday, January 21, 2014, in order for this item to be on the agenda for the City Council meeting of February 4, 2014. Janet Mason From: Suzanne Heni Sew Wed PIVI To: Kathy Connelly; Janet Mason Subject: FVV from KN DS From: Dennis Dixon Sent:Wednesday,January 22, 2O143:39PM To:Suzanne Heninger Subject: RE: Message from KMB[`[65%DS No objections. From: Suzanne Meninmer Sent: Tuesday,January 14, 2O142:29PM To: Rudy Esquiv|as; Dennis Dixon; Jeff Robinson; 1ohn,sunkza@ 'fine.00Q' Subjent: FVV: Message from KMBT`[652DS Attached is an application submitted by Ms. Andrea Dahlman Lewkowitz for a Person Transfer, Location Transfer, Limited Liability[o, Series 9 Liquor License for Date Tree located at 292SVV. Superstition Q|vd,Apache Junction, 85120. Please conduct the necessary inspections and submit your recommendation by Tuesday,January 21, 2014, in order for this item to be on the agenda for the City Council meeting of February 4, 2014 1 Janet Mason From: Heninger Sent: Wednesday, January 22. 20142:12PK8 To: Kathy Connelly Cc: Janet Mason S FVV from Attachments: IMG-5688.JPG From: Rudy Esqukvias Sent:Wednesday,January 23, 2O141:25 PM To:Suzanne Heninger Cc: Martha Flores; Dennis Dixon; Brad Steinke Subject: RE: Message from KK4BT C652DS Suzanne: The property at 2925 W.Superstition Boulevard is zoned CB-2(General Business), which allows convenience stores and liquor sales outright. Those types of businesses have operated on the property for many years. The Planning Division does not object to the transfer of liquor license request, However, the Planning and Code Compliance Divisions also take this opportunity to inform the Council that there is a Code Compliance case against the property, There isanunpermnitted and illegal sign on the property that takes upthe entire east wall of the building(see photo attached). Thus far,the owner has refused tV remove the sign, Records show that back in November 2012, the business proprietor(Quyen My Truong)called and said he was going to file an appeal of the code violation. To this date, no such appeal has been filed. OU4 ��?==== Senior Planner/zoning Administrator City of Apache Junction 300 E. Superstition Blvd' Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net SERVICE OVER ANT) ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7-00am to 6'00pm, closed Fridays and Holidays.) From: Suzanne Heninger Sent: Tuesday, January 14, 2D143:2gPM To: Rudy Eo7u|vkas; Dennis Dixon; Jeff Robinson; 'john.suni0a@ 'fine'orQ' Subject: FW: Message from KMGT_C652DS Attached is an application submitted by Ms.Andrea Dahlman Lewkowitz for a Person Transfer, Location Transfer, Limited Liability Co., Series 9 Liquor License for Date Tree located at 2925 W.Superstition Blvd.,Apache Junction, 85120. Please conduct the necessary inspections and submit your recommendation by Tuesday,January 21,2014, in order for this item to be on the agenda for the City Council meeting of February 4, 2014 1 z � Rv � �nM � i ^n 7 WW1 4. 1 6IP Y �Jjjj� r x V ? b} 3f � u k } ti ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 13. Piz File ID: 14-96 Sponsor: Chip Wilson Agenda Date: 2/18/2014 Index: In Control: City Council Meeting Discussion on and consideration of scheduling a joint meeting with the School District Board and the Apache Junction City Council. Discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 14. �Piz oN* File ID: 14-97 Sponsor: Rudy Esquivias Agenda Date: 2/18/2014 Index: In Control: City Council Meeting Presentation and discussion on proposed case PZ-7-13, a request by the Hartley Residual and Sweeney Revocable Trusts, represented by Betty Sweeney, to rezone a 0.71-acre property located at 710 N. Ironwood Drive, from Local Business Zone (CB-1) and Multiple-family Residence Zone (CR-5)to General Commercial District (C-3). Consideration and discussion. The property is being rezoned for the purpose of accommodating a roofing company business, who proposes to develop the property with a small office building, a storage yard for trucks, buffer walls and landscaping. The property will be developed in accordance with all standard development requirements. City of Apache Junction,Arizona Page 1 Printed on 611512026 pp pCHg Z City of Apache Junction gRIzoNP Development Services Department Date : February 5, 2014 To: Honorable Mayor and City Council Members Through: George Hoffman, City Manager Brad Steinke, Development Services Director From: Rudy Esquivias, Senior Planner/Zoning Admin. Subject: February 18, 2014, City Council Work Session Item: PZ-7-13 Hartley Residual Trust and Sweeney Revocable Trust/Betty Sweeney Background The above ownership entities, represented by Betty Sweeney, are proposing to rezone the . 71-acre property at 710 N. Ironwood Drive, from CB-1 (Local Business Zone) and CR-5 (Multiple-family Residence Zone) to C-3 (General Commercial District) . The proposal seeks to develop a site for a roofing company currently inside the City (Efficient Roofing) , which would consist of a small (12' x 44' ) commercial modular building and a storage yard. The applicants are requesting a straight C-3 zoning for the property and thus are not seeking any planned development deviations or zoning trade-offs . They propose to develop the site in compliance with all minimum requirements . Planning and Zoning Commission Recommendation On January 28, 2014, the Planning and Zoning Commission held a public hearing regarding this request (P&Z staff report and exhibits attached) . One neighbor did speak in opposition to the request at the public hearing, citing concerns about noise and light impacts to surrounding residential areas . The Commission voted to recommend approval of the rezoning by a vote of 6 to 0 (one Commissioner absent) , subject to all of Staff' s recommended conditions . The Commissioners did not feel that the proposed development would necessarily be any more intense than what is allowed there now under the existing commercial and multi-family zoning. Attachments: PZ Staff Report from January 28, 2014, with all attachments. �Pp ACHE.i O ti� ti -- City of Apache Junction 4RIZONP Development Services Department PLANNING AND ZONING COMMISSION WORK SESSION STAFF REPORT DATE: January 28 , 2014 CASE NUMBER: PZ-7-13 APPLICANTS/OWNERS: The Millard F. Hartley Residual Trust, Ruth S . Hartley, Trustee, and the Michael E. and Betty M. Sweeney Revocable Trust, Michael E. and Betty M. Sweeney, Trustees . REPRESENTATIVE: Betty M. Sweeney REQUEST: An application requesting rezoning approv- al for a roofing company business and accompanying storage yard. The devel- opment plan proposes to rezone the 0 . 71- acre property from CB-1 (Local Business Zone) and CR-5 (Multi-Family Residence Zone) to C-3 (General Commercial District) . LOCATION: The property is located approximately 250 ' south of the southwest corner of W. Superstition Blvd. and N. Ironwood Drive . GENERAL PLAN/ ZONING DESIGNATION: Medium Density Residential at 1 to 6 dwelling units per acre . The west +/-125 ' is zoned CR-5 , and the rest is zoned CB-1 . SURROUNDING USES : North: Single-family residence (zoned GR, General Rural) ; South: Single-family residence (zoned C-2 , Local Commercial) ; East : Vacant (zoned C-2) ; West : Single-family residence (zoned GR) . PZ-7-13 (Sweeney/Efficient Roofing) PAGE 2 OF 5 BACKGROUND The subject property was platted as Lot 26 of the Newtown Subdivision back in 1947 (see Zoning Map) . Newtown has always mostly been a single-family residential subdivision. In the early 19801s, the property was rezoned from GR to CR-5 and CB-1 . For several years, a taxi cab business operated out of an old home which existed on the eastern end of the lot . It does not appear that the property was ever developed with multi-family uses . Aerial imagery suggests that sometime in the early 1990 ' s the old home was removed from the property, leaving only the slab that exists there today (see site and neighborhood aerials) . To the best of staff' s knowledge, the property has been vacant since the early ` 90s . PROPOSAL The Efficient Roofing business is currently located just north and west of the subject site at 1721 W. Superstition Boulevard (just west of the 4-Sons) on a leased property. The business proprietor wishes to purchase the subject site of this rezoning, develop it and relocate his business to the site . He has already constructed a perimeter wall around the property. His intent is to further develop the property with a small modular office building, build additional screen walls to the north and south sides of the building and create a storage yard for his trucks to the west of the new building (see proposed site plan) . The parking area for customers will be on the east side of the building; and landscaped areas will be provided along the Ironwood Drive street frontage and also along the north and west perimeters, to further buffer the proposed commercial use from residential properties to the north and west of the site . Access to the site will be from Ironwood and the gate to the storage yard will be located to the south of the building . At a minimum, the storage yard will need to be improved with decomposed granite to mitigate dust emissions . Planning Staff Analysis and Findings Relationship to General Plan: The subject site and all of the surrounding properties (with the exception of the "community commercial" corners at Ironwood and Pz-7-13 (Sweeney/Efficient Roofing) PAGE 3 OF 5 Superstition) are designated by the General Plan as "MD" Medium Density Residential, maximum of 6 dwelling units per acre (du/ac) . Because of the size of the property ( . 71 acres) , this commercial rezoning request is considered a minor amendment to the General Plan. Zoning/Site Context : The proposed C-3 zoning is compatible with the commercial zoned properties at the intersection, although there is a residential zoned property between the site and the 4 Sons Convenience Store . Directly to the south of the site, there is a C-2 zoned property which is presently developed with a residential use . The roofing business is currently located on a property which is zoned CB-1 . Contractor storage yards are not normally allowed in the CB-1 zone . Relocating to the subject site and making use of the entire property for the roofing business requires rezoning . This is not a planned development rezoning request, so the property will be developed in compliance with all standard zoning and landscape regulations . Standard application of all regulations will also allow for any future uses allowed under the C-3 zone (see C-3 regulations attached) . The right-of-way on N. Ironwood Drive has already been dedicated and improved, but the developer may need to provide addition improvements such as a streetlight and a proper commercial driveway, per Public Works engineering requirements . Public Input : The applicants conducted a neighborhood meeting on November 6 , 2013 . Attached is a copy of the invitation letter, the sign-up sheet and meeting notes, as well as specific answers to the questions raised by the neighbors (per the Commission' s request) . Mrs . Sweeney and Mr. Craven (owner of Efficient Roofing) responded to the neighbors with regard to how this particular business plans to operate on the property. Planning and Zoning Commission Work Session At their work session on January 14 , the Commissioners requested written follow-up to questions from the neighbors, which the applicants have provided (see attached) . There was also a question about the architecture of the building . The applicants PZ-7-13 (Sweeney/Efficient Roofing) PAGE 4 OF 5 contend that the proposed commercial modular building will be of good quality and it will be painted a two-tone color in compliance with the southwest color palette in the city' s Commercial Design Guidelines booklet . There were also questions about the types of conditions which could be recommended with the rezoning . Because this is not a planned development rezoning request, basically the Commission would be recommending in favor or against a "straight" C-3 rezoning request . In the recommended conditions of approval , Staff has included a reversion clause and we have re-iterated what some of the standard improvement requirements call for in this case . Planning Division Recommendation Planning Staff offers the following Recommended Motion, along with a few recommended conditions of approval, should the Commission wish to forward a recommendation of approval to the City Council . RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the City Council the (APPROVAL/DENIAL) of rezoning case PZ-7-13 , a request by the Millard F. Hartley Residual Trust, Ruth S . Hartley, Trustee, and the Michael E . and Betty M. Sweeney Revocable Trust, Michael E . and Betty M. Sweeney, Trustees , represented by Betty Sweeney, for a rezoning of their 0 . 71-acre property from CB-1 (Local Business Zone) and CR-5 (Multiple- family Residence Zone) to C-3 (General Commercial District) , subject to the following conditions of approval : 1) The subject property shall be substantially developed within two (2) years of this rezoning approval, or the zoning may be subject to reversion by City Council legislative action pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-13 Amendments and Changes, Section 1-13-11 Significance of Approval . 2) All signage on the property shall comply with the City' s Sign Code . PZ-7-13 (Sweeney/Efficient Roofing) PAGE 5 OF 5 3) All development on the property is subject to proper permits and inspections . 4) All development on the property is subject to compliance with all other adopted City codes and ordinances, including but not necessarily limited to, the City' s Zoning Ordinance, Engineering Guidelines , Landscape and Screening Requirements, and Commercial Design Guidelines . Prepared l6y R y squivias Senior Plann Attachments: Exhibit #1 - PZ-7-13 Application Exhibit #2 - Vicinity and Zoning Map Exhibit 43 - Aerial image of property Exhibit #4 - Aerial image of surrounding neighborhood Exhibit #5 - C-3 Zone regulations Exhibit #6 - Neighborhood Participation Plan and Meeting Summary Exhibit #7 - Proposed site plan �QpCH�J EXHIBIT A: Planning and Zoning Application Form QAIZO�,P Office Use Only: Filing Date Staff Fees Received Case TYPE OF APPLICATION Annexation Abandonment(Plat/Easement/ROW) _Board of Adjustment _Cargo Container Permit _Certificate of Legal Nonconformity _Conditional Use Permit _Development Agreement _Development Plan Review _General Plan Amendment _Lot Splits,Joins&Adjustments _Ordinance Text Amendment _Planned Development Rezoning Preliminary/Final Plat Preliminary Development Review —Sign Permit Special Use Permit _Temporary Use Permits _Zoning Map Amendment Other Re SITE INFORMATION SITE ADDRESS/LOCATION 1-7 /y IV, .Z'goA P.,d ASSESSORS PARCEL NUMBER IC�-Ll"d�yfl3 GROSS AREA: ,'71 �C% NET AREA EXISTING ZONING BRIEF DESCRIPTION OF THE PROPOSED REQUEST: APPLICANT INFORMATION y Property Owner(s) /4a/-,to . Address See t5e, . �/�J Qhc{ nt• �i��enf%r R��'� 1� Phone Number it Fax Number Email Applicant Contact Person/Project Manager Rt-(- -J Ski e e -I e/�'I / r, Address1� S Fn / / nJoo� ��CtiJ� /�� ' ,�—/l7 /� CZ/1✓IP� Phone Number 7S1) -?J3-2092 Fax Numberp�,6-IS/'0 9t,% Email � C�j� ,ram 1W'1SkfeeAd4l. 47— Architect/Engineer `�Q /.h GJ Address -)6)G'ev / oAc M"oS'Cz Az Phone Number60�)- 6% -__7 le�,Fax Number qgV- a87- y6)q Email (v zf,7t2 ri e ' ee/4 OWNERS SIGNATURE: DATE: J 3 8-29-12 version EXHIBIT B PROPERTY OWNER CERTIFICATION FORM 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 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 e /i e as my/our representative agent. I/We have authorized him/her to do what er is necessary to have this request considered favorably by the City of Apache Junction and agree that all correspondence relation to this matter should be delivered to him/her. PLEASE PRINT /Za Y1 y�ly, ./L7/e - -1 Property Owner i� l-�cCi/ /�/ n it Address �' 7/ 2 G l�l[� /]A fi Phone Number y��r� f' 3 ""Fax Number Email /'S -"Z-pAux), C Al Property Owner P_ ` , S��t'� I Address / � T Phone Number�a w7a V/ Fax Number Email Property Owner 4'7�,'- S'✓�� 1 Addressr'C y/ S• /� li��< �`�t�-/.� /�L� 1��A e/ /`125 ��rt Phone Number a�-. 04%1Fax Number Email STATE OF ARIZONA ) The foregoing instrument was acknowledged before me this day of z�e gmja-er 20 13 COUNTY OF PINAL Nota ublic n Expires: use BARNES 8-29-12 version �o�C� Pz 107 - 13 PROPOSED KEZONNG FRW C12.--5 (MULTt-rAMlLY nbioF-NCeS) Al D C13-1 (LOCAL Z0140 -TO G-3 G� EgXL GOM MV9C AL, U ) - 'TITION Es l� 57 I905 �8�1 C-2/Pt) - ;c�-t I C_333333�/P� - 24 �'- 71 J G 54'r 8 o-o 88 / [3 ;G — O - - _ !27 f n0 53 0 22 26 D 2� N C 32 25 r r D O .o 00 , 5T y J \[J 7A v _G 33 - - - - ''i -- - - - 24 — — — - o " m g ao a8 i 19 34 _ 93 23 0 ' cn 7-1 K 7 7 i OF IS -i 35 22 L� �I 4 17 ,0 36 21 0 16 44 A 5 37 20 15 138 14- — - - o� > SUBJECT SITE ZONING BOUNDARY (REMAINDER IS GENERAL RURAL) RESIOENTiAL. ZOWES: TH 1 cR-5 , CAR COMmeRCIAL Z(3NFS: ce- t j C-Z, C-ZjFV) G-3/Pp as � U a c a OOOMNOM CL G 0M h Hwy� _ •i ____ - ��J�l . AL O '• r L � oo �� 1 hc'" o�zZ49 Cc- 30, IL CL gk'N ��G H N SON u z 0 w N � � n � 4 'f m rt� icn pr � .1) d ?j� ' • � � 5 n. 1.f 3' `�¢.a � , � .�o O a � n ` ' „ f •� - w . w u a ni id CL yy y C M y Q O 0 01 T 22 i- O u m A o N f0 a c c Nc T3 SCL ir 01Lno > j C ao w N u o y c y y y i ri 5 — i a v v G m m o ° w v x 'a -M 75 a N U n. E ¢ o. LL w n. t7 f in ,n w w m c m �; a a a . + ♦ a « a }! ♦ ♦. Ly 41 d6 A3 N N a > 3ceA JAI •bird^ f � • ` '. a .M �t•�� .�' i. s_ _ ems•" �' j1. WIz 40 goo 1 o q IJan �� s ip ! F taw f r r,r�r 1 . IL OppppjNp� E OOOMNOU -. � T , LPN .. �g w M roc o r�6 � ;r �• y. *74I L4 tv HIM �^• AMw S+!J•ktL�l;.L1y f10tl5 .,r— � I t' s I •-�' c o g w fp rn v c c 4-, NU � 0oNNo ' v � m m � o p a n v N ^ o > j E C .T� V A N D N 30 'ram•^ j' jl N ,CL U a E Q d LL w a 6 f V7 to w w ID ` « ♦ ♦ a 0 co 01 '� c Q. 3 A Y 116 Apache Junction - Zoning Ordinance § 1-164-5 Storage. (3) Side yard: 10 feet; All storage shall be within an enclosed building, (4) Accessory structure located in the rear unless otherwise noted. yard: 10 feet; (Prior Document, Ch. 1 § 16.0405) (5) When commercial uses are adjacent to a residential use or district, the following building § 1-16-4-6 Intensity of use. separation to property line shall apply: (A) Minimum lot size shall be 15,000 square Building Height Setback" feet. up to 25 feet 25 feet (B) Minimum lot width shall be 80 feet. over 25 feet 50 feet (C) Maximum floor area per business shall be ** This does not apply to accessory uses. 4,000 square feet for lots without rear alley access; 6,500 square feet for lots with dedicated rear alleys. (Prior Document, Ch. 1 § 16.0406) (B) Refer to Vol. II, Landscaping and Screening Requirements, for buffering and screening requirements. § 1-16-4-7 Site coverage. (Prior Document, Ch. 1 § 16.0409) Maximum site coverage by all buildings shall be 50% for lots without rear alley access; or 60% for lots § 1-16-4-10 Parking and loading. with dedicated rear alleys. (Prior Document, al 1 § 16.0407) Off-street parking and loading facilities shall be provided as required in Vol. II, Article 1-20, Parking, Loading, and Interior or Private Street Standards. § 1-16-4-8 Height. (Prior Document, Ch. 1 § 16.0410) (Ord. 350, pas d 3-7-1985) Maximum building height shall not exceed 20 feet; except that with the approval of a conditional use § 1-16-5 C-3 GENERAL COMMERCIAL permit, the height may be extended. DISTRICT. (Prior Document, Ch. 1 § 16.0408) § 1-16-5-1 Statement of legislative intent. § 1-16-4-9 Setbacks. The C-3 District is intended to create and (A) The following minimum setbacks shall b enhance commercial areas where a wide range of required: retail goods and services are permitted. Typically, the C-3 District would be applied where central area (1) Front yard: 20 feet; commercial facilities were desired in association with the administrative and office uses. Various (2) Rear yard: 25 feet for lots without rear applications of the C-3 District can create community alley access; 10 feet for lots with dedicated rear or regional shopping complexes, central business alleys; districts, certain highway oriented commercial uses, Commercial Districts 117 or small but highly diverse commercial development. (6) Eating, drinking and entertainment In addition, minimum lot sizes were established to establishments(sales of alcoholic beverages permitted, promote the clustering of commercial activities and to and includes drive-in types); facilitate the assembly of parcels for larger commercial developments. (7) Cart vendors: persons who engage in (Prior Document, Ch. 1 § 16.0501) the temporary selling or displaying of food and beverages utilizing a cart; § 1-16-5-2 Permitted principal uses. (8) Participant and spectator sports: indoor; (A) Residential use types. Residential use types (9) Printing, blueprinting, engraving; shall not be permitted in the C-3 District, except by planned development. (10) Radio and television stations(excluding transmitting towers); (B) Civic use types. (11) Repairs, services, consumer products; (1) Civic use types as permitted in the C-2 District; (12) Retail sales: (2) Ambulance services; (a) Gasoline dispensing stations, provided the following are complied with: has at least (3) Day care/schools: trade and vocational 1 street frontage having a minimum width of 150 feet; schools; and any pump island or canopy shall be located at least 30 feet from any property line; outside display, either (4) Lodge, fraternal and civic assembly permanent or temporary, of tires, oil and other (sales of alcoholic beverages permitted). auxiliary items for sale shall be permitted only if located on the pump island or at least 40 feet from the (C) Commercial use types. street property line; and no more than 1 display rack for each type of item is permitted; and (1) Commercial use types as permitted in the C-2 District; (b) Liquor stores. (2) Agricultural/horticultural sales and (13) Transient habitation:hotels,motels;and services; (14) Wholesale, storage and distribution: (3) Nurseries (outdoor display permitted); wholesale sales of products permitted for retail sales in the C-3 District and only incidental to retail sales of (4) Animal sales and services: veterinary the products on the premises; mini-warehouses, (large animals) kennel; provided that only storage is permitted and no retailing is permitted from these facilities. (5) Automotive and light equipment; cleaning; repairs; storage of automobiles, recreational (D) Uses similar to those listed in divisions (A) vehicles and boats; sales/rentals of auto and light through (C) of this section shall be permitted upon equipment, including motorcycles; determination by the Zoning Administrator that the 118 Apache Junction - Zoning Ordinance use is of the same general character as at least 1 of § 1-16-5-5 Operations and storage. those listed. (Prior Document, Ch. 1 § 16.0502) (Am. Ord. 784, All storage shall be within an enclosed building, eff. 5-3-1991; Am. Ord. 796, eff. 8-2-1991) unless otherwise permitted, and all storage of machinery, equipment or inventory shall be screened from view in accordance with the requirements as § 1-16-5-3 Permitted accessory uses. indicated in this Vol. II, Article 6-1, Landscaping and Screening Requirements, for buffering. Permitted accessory uses are the uses and (Prior Document, Ch. 1 § 16.0505) structures customarily incidental to permitted principal uses. (Prior Document, Ch. 1 § 16.0503) § 1-16-5-6 Intensity of use. Minimum lot size shall be 20,000 square feet. § 1-16-5-4 Uses subject to a conditional use (Prior Document, Ch. 1 § 16.0506) permit. (A) Residential use types: Caretaker's § 1-16-5-7 Site coverage. residence. Maximum lot coverage shall be 60%; or 70% (B) Civic use types. depending on the proposed use and if, in the opinion of the Zoning Administrator, all other zoning (C) Commercial use types. requirements (such as parking and setbacks) can be satisfied, (1) Automotive and equipment: repairs, (Prior Document, Ch. 1 § 16.0507) heavy equipment; sales/rentals, farm equipment; (2) Construction sales and services (no § 1-16-5-8 Height. outdoor storage of materials); Maximum building height shall be 30 feet; except (3) Participant and spectator sports, that with the approval of a conditional use permit, the recreation and entertainment; outdoor; height may be extended. (Prior Document, Ch. 1 § 16.0508) (4) Scientific research and development laboratories; and § 1-16-5-9 Setbacks. (5) Unscreened display of any products for sale on the premises. (A) The following minimum setbacks shall be required: (D) Other uses. Other similar uses as determined by the Planning and Zoning Commission (1) Front yard or any yard with a street to be no more detrimental or obnoxious than the uses frontage on a corner lot or multiple street frontage lot: listed in division (C) above. 25 feet; no more than 1 yard with street frontage on a (Prior Document, Ch. 1 § 16.0504) corner lot or multiple street frontage lot shall be required to be in excess of 25 feet. Commercial Districts 119 (2) Rear yard: 25 feet for lots without rear to the surrounding neighborhood and do not present a alley access; 10 feet for lots with dedicated rear poor image of the community. alleys. (Prior Document, Ch. 1 § 16.0601) (3) Side yard: 10 feet. § 1-16-6-2 Permitted principal uses. (4) When commercial uses are adjacent to a residential use or district, the following building (A) Residential use types. Residential use types separation to property line shall apply: shall not be permitted in the C-4 District, except by planned development. Building Height Setback** (B) Civic use types. Civic use types as permitted up to 25 feet 25 feet in the C-3 District. over 25 feet 50 feet (C) Commercial use types. ** This does not apply to accessory uses. (1) Commercial use types as permitted in the C-3 District: (B) Refer to Vol. 11, Article 6-1, Landscaping and Screening Requirements, for buffering and (2) Automotive and equipment: screening requirements. sales/rentals of automobiles, heavy equipment and (Prior Document, Ch. I § 16.0509) recreational vehicles(unscreened display of inventory permitted); repairs, heavy equipment; storage, § 1-16-5-10 Parking and loading. operating vehicles and equipment; (3) Boat sales (unscreened display of Off-street parking and loading facilities shall be inventory permitted); provided as required in Vol. II, Article 1-20, Parking, Loading and Interior or Private Street Standards. (4) Construction sales and services; (Prior Document, Ch. 1 § 16.0510) (Ord. 350, passed 3-7-1985) (5) Mobile home sales(unscreened display of inventory permitted); and § 1-16-6 C-4 HEAVY COMMERCIAL (6) Wholesale, storage and distribution of DISTRICT. goods permitted for sale at retail in the C-4 District and only as incidental to retail sales of the products on § 1-16-6-1 Statement of legislative intent. the premises. (D) Other uses. Uses similar to those listed in The C-4 District is intended to provide locations divisions (A) through (C) above shall be permitted in the city for the heaviest type of commercial uses, upon determination by the Zoning Administrator that highway-oriented commercial, or restricted light the use is of the same general character as at least 1 of industrial uses. Large lot requirements were those listed. established to facilitate the assembly of parcels for (Prior Document, Ch. 1 § 16.0602) large commercial development. Locations for C-4 Districts should be selected which provide protection Dear Neighbor and/or Property Owner, RE: Subject Parcel number: 101-02-080A We are having a neighborhood meeting to discuss the rezoning of our vacant land in the City of Apache Junction at 710 N. Ironwood. Efficient Roofing LLC will be purchasing and relocating to this address. Prior to this, the lot must be rezoned and the neighbors informed. Efficient Roofing has been located in the neighborhood for over three years and are looking forward to continuing to serve the Apache Junction community. As longtime residents and business owners they will be seeking your support. Attached you will find the footprint of the proposed new building and upgrades to the lot. Your are welcome to bring your comments and concerns to the meeting. When: Wednesday,November 6th,2013 Time: 6:00 P.M. Where: West USA Realty Revelation office Address: 5331 S.Superstition Mountain Rd.,Suite C-105, Gold Canyon AZ 85118 If you are unable to attend by would like to make a comment you can send it to me at: Betty Sweeney 2641 S. Falling Star Rd. Gold Canyon AZ 85118 Ila- ��Z - 7/ 7-3� 7/U I 71-o W�� - 3 7;Z `'Lan � Cf-A,jt✓► CF- , I ZI w Supp, ��,'�-.'v ,., UOZ ILI �3- i �v z o COMMUNITY MEETING NOVEMBER 6TH, 2013 6:00 P.M. IN ATTENDANCE: BETTY SWEENEY 710 N. IRONWOOD APACHE JUNCTION 480-983-7173 MIKE SWEENEY 710 N. IRONWOOD APACHE JUNCTION 480-983-7173 RANDY CRAVEN EFFICIENT ROOFING APACHE JUNCTION 602-803-6308 JUSTIN LOFLIN EFFICIENT ROOFING APACHE JUNCTION 602-803-6361 LEE MC CROCH 653 SAGUARO DR APACHE JUNCTION 715-927-3003 JACK JARDIN 653 SAGUARO DR APACHE JUNCTION 402-618-5685 JENNIFER KESNER 624 N IRONWOOD APACHE JUNCTION 480-262-6307 ANDY LIBERTY 624 N IRONWOOD APACHE JUNCTIN 480-262-6307 People arrived on time and everybody introduced themselves. Betty Sweeney opened the meeting at 6:15 by greeting everyone and showing the display of the large drawing of the property and the project. A full discloser of our plan was given. Questions and answers were as follows: #1 Jack Jardin who lives at 653 Saguaro Dr.told us that a cactus was knocked down during the fence construction on his property. Randy told him we would send the crew back over there to make it right. This was a small cactus and has been up righted and set to proper position. Owner was advised of the repair and pleased. #2 How far back from the street will the building be set was a question. The large copy of the drawing was shown and details were discussed to show the building will be set back 66.01 ft from street. #3 Neighbors concerned about Semi trucks or deliveries were assured there would absolutely be no deliveries or materials brought to the sales office. All materials are delivered from the vendor to the site where they are to be installed. 44 Storage of large trucks and stacks of roofing tiles and supplies were also a concern. Randy told the neighbors that the property was going to be used as their retail sales office and only company half ton pickup trucks were going to be stored on the lot. #S Jennifer Kesner of 624 N. Ironwood Dr was concerned about our plan of having razor wire on top of the 6 foot block wall. Her comment was it gives a prison effect. We listened and will look into raising the wall to a 8' height to deter break ins. #6 Alternate to razor wire is raising the wall 2 ft which pleased those in attendance. #7 Dark skies in the neighborhood was a concern. Neighbors did not like the idea of security lights on the site. We feel that night lights would be a disturbance to the neighbors and did not opt for them. #8 Motion detection lights will be used at the back of the building pointing down on the yard. #9 The question "will there be lights on the front of the building facing Ironwood" came up.Which we answered"No,we feel that facing Ironwood may distract passer by traffic,therefore small lighting facing the building will be optimal. #10 Fencing was discussed and by referring to large drawing which show it in detail that the office building,the gate and the wall on the north will serve as security. The area between the building and the sidewalk will be landscaped with decorative rock and shrubs to blend with existing saguaros. #11 Questions concerning the look of the building and our answers were:The building will be painted with a southwest theme, possibly a few wagon wheels and attractive front porch. The paint will be in a two tone with trim one color and body another. Both will be southwest friendly colors. The modular building being installed is not a shack, hand built or found in a field. It was professionally built to currant commercial code in 2012 with central a/c, bathrooms, it is prewired with up to date lighting and wiring. There are many outlets for telephone and computers. Meeting was adjourned at 7:30. Sincerely Betty Sweeney Pac-Van Floor Plans http://www.pacvan.com/floor-plans Solutions? Thous;ht-starters? Browse the floor plans inventory of your nearest Pac-Van office You may find precisely what you require. Or we can readily modify a plan for you-or custom design from scratch. 12 x 48 Mobile office with ADA restroom 2 Private offices & 1 main office 11,10 61 14'5 j '1.8 I " P. z.n. III 1 l � Plobito office specifications: Additional Pac-Van features: • IW48 Mohiir rtnrr wr,-F.-.-,-in • tam-nrr,.nal b ark the iocr ng • 125aripeleciKiii scrvu.e.:__:49 - lr4'nurn nArllonGd p,xa-nq %nit,%"Ir phas . I-wor,t.l �'/ • Nlon-p•essusetamklat!Ceskwps • Central heating arJ a r cond bOni ra • F.kn dr2w-t4 IuUrnp'Ile tisbnrM • )fib"mitt panel:iWrq • Ouff.mad%•self al:ove ea:3i desk • Debe-bolts 5 Wu,4y latch 9uas45 • ra"o.m plan table •AbA-LtsripJ,std test:coni ut extanw Jtr_r; Htraantai•,4diny�-ndo %.rJsr.nr hI1n�S.:.ec�tnry hose S narct tn-rrn. Standard Floor Plans portfolios are one click away. 1. Use the Office Locator (top left of page) to locate your closest Pac-Van Office. 2. Information for that Office will appear, including five categories of floor plans. Select your interest and click on a plan to view it. 3. For information on availability, pricing, modifications, customizing, etc., or for information on any aspect of portable, mobile or modular space and storage solutions, contact— Page 1 of 2 1 JO l Ja® y�q_cub..(-0 Ctu-cu-a.•la ® < voY0-a0-TOT may r102-0[-6 6uua 4t0 n]s w6u!ja au!6ua tMd =8 / rma ZSVNMa aen DIUGTV� une3irs olar�aa �vo NOISVM1 T�Sr�? rma r.ua ow+ooe JJMDT co,-rl aamuui eor XO JaYJB OA `` o al.nnt w i : _ y[y q W �NhC r � V• x x Ep �_YY:44 Ci �a• 3 3 ,C4$ Z 1i a; F ins �� 55 3a a . a r Ah Z_ N� no,tiox, S s pp s Y a CC a 3^ap,�o�=, 9s ayqg '. pggpa o i'„: F Z Fi ZGna W t ei V 0 C9 W LL r s ti �!S ._ s x a a k ,59 p§ gQT g W Z� g omit � !_z ' r `^ �� 5" ` S• •YL�- AeoA C E a 3a a ygc ga€ga � �a a E' ' �� r= � is ► a �`'yV� Yq Jill F I ► Ilh 5 •.- �� —<.-- �i.___ _� - _�_ ' Inlw K<C V'.<III< viM]....f0 i00 f �£ x� lit _ 6 9' 1, �4Q I %�i3�s�.. a..cl• �� w. fir 60_ i .W I I of e S � rI33 g g9g " }y . 7 AK I �d 1S A I I oil r •I 1CR R � I I - 8 '1 y L—n - n is 4 In w• '� k .-. _ luwo oo.�fnx.ee.z #Q. ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 15. �Piz oN* File ID: 14-98 Sponsor: Rudy Esquivias Agenda Date: 2/18/2014 Index: In Control: City Council Meeting Presentation and discussion on case SD-2-13, a request by Robb Tyler of Acer Homes LLC, for approval of the final subdivision plat for the Bel Agave Subdivision, located at the southeast corner of E. 16th Avenue and S. Tomahawk Road. Presentation and discussion. The final plat depicts the final lot configuration and street layout for the subdivision previously approved by rezoning Ordinance No. 1393 and pre-plat Resolution No. 13-31. City of Apache Junction,Arizona Page 1 Printed on 611512026 �P4 pCli�✓ y ` O City of Apache Junction 4Rizo Development Services Department MEMORANDUM DATE: February 5, 2014 MEMO TO: Honorable Mayor and City Council Members THROUGH: George Hoffman, City Manager Brad Steinke, Dev. Services Director FROM: Rudy Esquivias, Senior Planner/Zoning Admin. SUBJECT: February 18, 2014 - City Council Work Session: SD-2-13 Final Plat for "Bel Agave" Subdivision by Acer Homes LLC/Robb Tyler Summary Attached please find a copy of the proposed final plat submittal for "Bel Agave" subdivision, a CR-3/PD-zoned, 101-lot, conven- tional single family homes subdivision located at the southeast corner area of E. 16th Avenue and S . Tomahawk Road. This final plat is brought to Council as a discussion item with the intent of bringing it back to Council for conditional approval on March 4, 2014 . Staff has reviewed the final plat and improvement plans for substantial compliance with the approved CR-3/PD concept plan approved by Ordinance No. 1393 and the preliminary plat approved by Resolution No. 13-31 (both attached) . Although there are some differences between the pre-plat and the final plat (such as the reduction of number of lots from 120 to 101, larger lots, the provision of more guest parking spaces, and the reconfig- uration of a couple of areas) , we believe that these changes are relatively minor and that overall, the final plat represents an improvement to the pre-plat. Outside agencies have also reviewed the plat and all major issues have been addressed. Staff is working with the developer and his engineer on the final details to the improvement plans . Attachments: Final Ord. #1393; final Res. #13-31; approved Pre-plat and proposed Final Plat (large format attachments separate) ORDINANCE NO. 1393 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 CLASSIFICATION FROM GENERAL RURAL ( "GR" ) TO CONVENTIONAL SINGLE-FAMILY HOMES BY PLANNED DEVELOPMENT ( "CR-3/PD" ) AND APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT, FOR THE PRO- PERTIES DESCRIBED IN REZONING CASE PZ-3-13 , A REQUEST BY ACER HOMES L.L. C. AND PARPAC RETIREMENT PLAN, ET AL. , REPRESENTED BY ROBB TYLER; REPEALING ANY CON- FLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the subject property consists of four (4) separate but adjacent 5-gross-acres parcels, of which Pinal County Parcel Nos . 103-20-005, 103-20-006 and 103-20-017 have never been rezoned or developed, and of which Parcel No. 103-20-015 was previously rezoned and platted (but not recorded) in 2006 for the Vista Meadows Subdivision, but was never developed; and WHEREAS, the submitted Planned Development Plan and preliminary plat for a future 120-lot single-family homes subdivision on the 20-gross acres subject property, to be called "Bel Agave" , proposes a density of 6 dwelling units per acre, which is in compliance the city' s current General Plan; and WHEREAS, on June 25, 2013 the Apache Junction Planning and Zoning Commission voted 3-1 to recommend approval of Planned Development rezoning case PZ-3-13 , subject to the submitted conceptual Planned Development plans and the conditions prescribed herein; and WHEREAS, the City Council hereby determines that the proposed Planned Development rezoning request conforms to all of the general criteria as specified in Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-15-6, CR-3 Single-Family Residence Zone and Article 1- 19, Planned Development Zoning District (except as otherwise conditioned herein) , including integration with the surrounding neighborhood, adequate traffic accommodation, adequate public facilities, extension of infrastructure, and that the design and uses should result in enhancements to the social, built and ORDINANCE NO. 1393 PAGE 1 OF 6 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 The zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcels of land legally described as : Parcel No. 1 : The North half of the Southwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-017) ; and Parcel No. 2 : The East half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-005) ; and Parcel No. 3 : The West half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-006) ; be and hereby is amended from General Rural ("GR" ) to Conventional Single-Family Homes by Planned Development ( "CR- 3/PD" ) ; and That the approved Planned Development Plan (pursuant to Ordinance No. 1256 and Resolution No. 06-42) for the CR-3/PD- zoned parcel of land formerly platted for the Vista Meadows Subdivision and legally described as : Parcel No. 4 : The North half of the Southeast quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-015) ; ORDINANCE NO. 1393 PAGE 2 OF 6 be and hereby is amended to integrate said parcel into the proposed development plan for the Bel Agave Subdivision; all parcels above subject to the following conditions of approval : 1) Street improvements along the property' s S . Tomahawk Road and S . Wickiup Road frontages, such as extension of pavement and the provision of sidewalk, curb, gutter, streetlights, fire hydrants, landscaping, retention areas, etc. , normally required for CR-3-zoned subdivisions, shall be required as part of this planned development project, subject to approval by the City Engineer. Additional off-site improvements along the property' s East 18th and 19th Avenue frontages shall also be provided subject to the City Engineer' s determination at the time of final subdivision plat and improvement plans submittal . The developer shall dedicate all necessary rights-of-way and cutoff corners as determined by the City Engineer. 2) Xeriscape landscaping shall be provided throughout the development, internal and external to the site, in accordance with the city' s landscaping and screening requirements, except as follows : A) A 10-foot deep landscape setback area shall be provided along Tomahawk Road (as measured from the edge of the ultimate right-of-way line) , wherein 250 of the required trees shall be 24" box and 250 of the required trees shall be 36" box; B) A 5-foot deep landscape setback area shall be provided along Wickiup Road (as measured from the edge of the ultimate right-of-way line) , wherein 500 of the required trees shall be 24" box; C) 5-foot deep landscape strips shall be provided along 18th and 19th Avenues, but plantings along these roadways shall only consist of shrubs, groundcovers and decomposed granite (sizes, numbers and densities shall comply with the city' s landscaping and screening requirements) . 3) Six-foot tall perimeter masonry walls shall enclose the proposed subdivision and decorative masonry walls shall ORDINANCE NO. 1393 PAGE 3 OF 6 be provided along the Tomahawk and Wickiup Road frontages, the design of which is subject to staff approval as part of the final landscape plans . The use of wrought iron view fencing along segments of this perimeter fencing is encouraged at the main entrance on Tomahawk, at the southwest and northeast corners (retention and wash entry areas) , and at other retention or open space areas for the purpose of featuring and highlighting the landscape elements and open spaces and providing a more open feel to the subdivision. 4) The developers of Bel Agave shall provide a clubhouse, swimming pool, barbecue and playground amenity areas, and pedestrian walking paths along the natural corridors . The barbecue and playground areas in particular shall be shaded for the mitigation of summer heat by drought-tolerant, low-water using trees . A complement of either 24" box Ironwoods or 24" box Rio Salado Mesquites shall be used in these amenity areas, with the Ironwood representing the first choice as it is slow growing, and the Mesquite as a secondary option as it is resistant to high winds and is a good shade tree. Play stations and usable open space shall be provided in compliance with the city' s Parks and Recreation standards for home owner association ( `WHOA" ) maintained areas . 5) Lots adjacent to drainage channels, retention basins or washes shall have fences separating them from these features for safety purposes; access gates may be provided to pedestrian walking paths . 6) The proposed homes shall include southwestern architectural features as illustrated in the City' s Design Guidelines and in the submitted elevations, and shall offer ground mounted air conditioning units 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 . 7) The developers shall offer at least 8 model types (four 1-story and four 2-story homes) with 3 elevation options each. Two-car enclosed garages and front yard landscape ORDINANCE NO. 1393 PAGE 4 OF 6 packages shall be provided for each home. Lots 77, 78, 79, 80, 88 and 92 shall be limited to 1-story homes . 8) All applicable permits shall be applied for and plans shall be designed to current City codes prior to any lot grading or construction on the lots . Inclusively, all applicable development fees shall be paid at the time of permits issuance on a per-building basis . 9) The preliminary and final plats shall reflect substantial compliance and consistency with the Planned Development concepts presented with case PZ-3-13 , incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, setbacks (10 ' front/18 ' to garage, 10 ' rear, 5' interior sides, 10' street side) , public and private rights-of-ways, easements and tracts, amenities, perimeter and interior lot separation walls, model types, landscaping and other improvements . 10) The rear yard patios shall be covered, shall meet setback requirements for the homes and shall at no time hereafter be enclosed. 11) All common areas, amenity areas, and tracts within and immediately adjacent to the proposed development, including perimeter walls and fences, and interior and exterior common area landscaping, shall be owned and maintained in good condition at all times by the owners or HOA of the proposed subdivision. 12) All-weather surface access drives for fire apparatus and other emergency providers shall be provided during construction of the development; and all construction vehicles and equipment shall be kept on the subject property. SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. ORDINANCE NO. 1393 PAGE 5 OF 6 SECTION III PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion 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 6TH DAY OF AUGUST 2013 . SIGNED AND ATTESTED TO THIS 6TH DAY OF 2013 . HN S . INS LACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: C -- RICHARD JOEL STERN City Attorney ORDINANCE NO. 1393 PAGE 6 OF 6 RESOLUTION NO. 13-31 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY SUBDIVISION PLAT FOR THE "BEL AGAVE" SUBDIVISION, IN CASE SD-2-13, BY ACER HOMES L.L.C. AND PARPAC RETIREMENT PLAN, ET AL. , REPRESENTED BY ROBB TYLER. WHEREAS, the subdivider in Case SD-2-13 proposes to subdivide Pinal County Assessor Parcel Numbers 103-20-005, 103- 20-006, 103-20-015 and 103-20-017, approximately 20 gross acres (collectively, the "property" ) , into 120 residential lots for single-family homes, pursuant to Arizona Revised Statutes ( 11A.R.S . " ) Title 9, Chapter 4, Article 6 . 2, and pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-15-6, CR-3 Single-Family Residence Zone, Article 1-19, Planned Development zoning District, and Chapter 2, Subdivision Regulations; and WHEREAS, parcel number 103-20-015 was previously rezoned and platted in 2006 for a subdivision to be called Vista Meadows, pursuant to Ordinance No. 1256 and Resolution No. 06- 42, but the final plat was never recorded and the subdivision was never built; and WHEREAS, approval of this resolution effectively rescinds the final subdivision plat for Vista Meadows, formerly approved by Resolution No. 06-42 and allows for said property to be redesigned and integrated into the subdivision plat for the proposed Bel Agave Subdivision; and WHEREAS, on June 25, 2013, the Planning and Zoning Commis- sion held a public hearing regarding the preliminary plat for Case SD-2-13 and recommended approval of Case SD-2-13 by a vote of 3-1, with conditions; and WHEREAS, on August 6, 2013, the Mayor and City Council of the City of Apache Junction approved Ordinance No. 1393, which approved a new rezoning and Planned Development Plan for the Conventional Single-family Homes by Planned Development ( 11CR- 3/PD11 ) zoned property; and WHEREAS, the Council finds this preliminary subdivision plat to be in compliance with the Apache Junction City Code, RESOLUTION NO. 13-31 PAGE 1 OF 4 Volume II, Land Development Code, Chapter 1, Zoning Ordinance and Chapter 2, Subdivision Regulations, and Ordinance No. 1393 , which approved the rezoning and the Planned Development concept plan for the property; and WHEREAS, the property proposed to be developed with the Bel Agave Subdivision is legally described as follows : Parcel No. 1: The North half of the Southwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No . 103-20-017) ; and Parcel No. 2 : The East half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No . 103-20-005) ; and Parcel No. 3 : The West half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-006) ; and Parcel No. 4 : The North half of the Southeast quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-015) . NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that: The preliminary subdivision plat for "Bel Agave" Subdivision, Case SD-2-13 , is approved subject to the following conditions: 1) All conditions of approval for the CR-3/PD-zoned property as approved pursuant to planned development rezoning case PZ-3-13 shall govern the design and subsequent improvements of the Final Subdivision Plat. RESOLUTION NO. 13-31 PAGE 2 OF 4 2) Within one year of Preliminary Subdivision Plat approval, the developers shall submit for formal review, the Final Subdivision Plat and improvement plans for the proposed subdivision. 3) Street improvements along S. Tomahawk and S . Wickiup Roads, including but not limited to, the extension of pavement and the provision of sidewalks, curbs, gutters, streetlights, fire hydrants, landscaping, etc. , shall be designed and constructed according to the City of Apache Junction Engineering Guidelines . Additional off-site improvements along the property' s East 18th and East 19th Avenue frontages shall also be provided subject to the City Engineer' s determination at the time of final subdivision plat and improvement plans submittal . 4) The Conditions, Covenants and Restrictions ( "CCRs" ) for Bel Agave shall also include provisions to address the following: prohibition on owners using garages for personal storage to the extent that two normal passenger vehicles cannot be accommodated in them at all times; establishing a uniform system for garbage pick-up and mail-delivery; specifying that the home owners association ("HOA" ) is responsible for the maintenance and upkeep of the internal private streets, the common areas and the fencing and landscape improvements both internal and along the outside perimeter of the subdivision; and a prohibition on the use of fireworks in the subdivision. 5) The property owners shall disclose to all prospective buyers, prior to sale, that there are neighboring horse properties in the immediate area. 6) The developer shall work with and coordinate separately with all known utility companies which serve Apache Junction, to extinguish the 331 and 661 wide utility easements/federal patented easements which conflict with the design of the proposed subdivision, prior to or upon final plat approval. The City shall extinguish its rights to said easements for roadway purposes upon approval of the final subdivision plat or by separate instrument. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF A"GU_17 2013 . RESOLUTION NO. 13-31 PAGE 3 OF 4 SIGNED AND ATTESTED TO THIS $Tfl DAY OF Atlf,l15T 2013 . J N S . INS O ayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 2 . > 3 RICHARD J. STERN City Attorney RESOLUTION NO. 13-31 PAGE 4 OF 4 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 16. �Piz oN* File ID: 14-103 Sponsor: Rudy Esquivias Agenda Date: 2/18/2014 Index: In Control: City Council Meeting Presentation and discussion on case PZ-1-14, an application by Walter Quanstrom, represented by Scott Olivier, requesting an appeal of the city's Landscape Code, pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 6 Landscaping, Section 6-1-7 Appeal to City Council. Presentation and discussion. The applicant is requesting an appeal of Sections 6-1-5-B-3-b and 6-1-5-D-2-c, that he not be required to provide a 15-foot deep front yard landscape setback area and that walls 6-feet tall be allowed in that front setback area (respectively), for the property approximately 110 feet north of the northwest corner of W. Southern Avenue and S. Coconino Drive. City of Apache Junction,Arizona Page 1 Printed on 611512026 PPA�MF . ti U -�>> City of Apache Junction QR�z Development Services Department MEMORANDUM DATE: February 5 , 2014 MEMO TO: Honorable Mayor and City Council Members THROUGH: George Hoffman, City Manager Brad Steinke, Dev. Services Director FROM: Rudy Esquivias, Senior Planner/Zoning Admin. SUBJECT: February 18 , 2014 - Work Session Agenda item: PZ-1-14 An appeal of the City of Apache Junction Landscape and Screening Requirements by Walter Quanstrom, represented by Scott Olivier Summary: Attached please find an application by Walter Quanstrom, represented by Scott Olivier, requesting an appeal of the city' s Landscape Code, pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 6 Landscaping, Section 6-1-7 Appeal to City Council (Section 6-1-7 attached) . Specifically, the applicant is appealing Sections 6-1-5-B-3-b and 6-1-5-D-2-c . The subject site is located approximately 110 feet north of the northwest corner of W. Southern Avenue and S . Coconino Drive, in the Superstition Villa industrial subdivision (see aerials and Assessor map) . The site is currently vacant and to the best of staff ' s knowledge has never been developed, except that several years ago a previous owner constructed a 6 ' masonry wall around the north, east and south perimeters of the property. A permit is not required to place or construct a 6 ' fence or wall around a vacant commercial or industrial property, and it is not uncommon for said vacant lots to be fenced (usually with chain link) for the purpose of keeping out trespassers . However, a property owner runs a risk of putting a fence or a wall in an area which may later be required to be landscaped as part of a development proposal . It appears that such is the case with this property. The previous owner did not leave space for the required PZ-1-14 (LS Code Appeal by Quanstrom) Page 2 of 3 landscape setback area at the front of the property, which now causes an issue for the new owner wanting to develop the property. Proposal : The applicant wishes to develop the property with an industrial- type building, which he plans to use for personal purposes . He contends that the existing wall is very nice and he would prefer not to move the wall back to accommodate the required front yard landscape strip, which in the CI-1 zone is a 15 ' setback. He also contends that creating a front yard landscape area will just provide a place for kids to "hang out and vandalize" . In- stead, the applicant proposes to provide for alternative landscaping, as well as completely stucco the building which will be built on the property and the building on the property to the north of the site, which he apparently also owns . Planning Division Analysis : Section 6-1-5-B-3-b normally requires that in industrial zones, for properties not along major arterials, a minimum 10-foot deep landscaped yard be required (as already mentioned, in CI-1 the minimum front yard is 15 ' ) . Section 6-1-5-D-2-c requires that 6 ' walls not be located in front setback areas, and limits wall heights in said areas to 3 feet . Furthermore, the subject site is zoned CI-1/PD (Light Industry and Warehouse Zone by Planned Development) , pursuant to Ordinance No . 984 (attached) . Said ordinance required that the Landscape and Screening Requirements be "strictly applied to these parcels" . Although the lots in this neighborhood are quite small and narrow (usually two or more lots need to be combined to create viable and functional development sites) , we note that other properties in the neighborhood have followed the Landscape and Screening Requirements ; and a couple of properties were also granted landscape code appeals . However, we do not recall that Council has completely waived the front landscape strip require- ments for any properties . There are still many undeveloped lots in this industrial and commercial neighborhood, so a decision in this case may affect the development of other similar properties . At their public hearing on March 4 , staff will present several recommended conditions, should Council wish to consider approving this request . PZ-1-14 (LS Code Appeal by Quanstrom) Page 3 of 3 Attachments: - Appeal Application; - Property and neighborhood aerials; - Assessor's map of site; - Ordinance No. 984; - Section 6-1-7 Appeal to City Council; - Conceptual building elevation and site plan CITY OF APACHE JUNCTION APPEAL OF LANDSCAPE AND SCREENING REQUIREMENTS Owner/Agent Information: Name: Q4#%;iS7(Z Telephone: fy,93- 505- 3174 Address: G75/ Al 5v-tSe-,- f3/vd w-.?-:RD, /e ,AL 553a5 Property Information: Zoning Classification Current: Requested: Property Size: Ao, 000 ❑ acres )( square feet County Tax Assessor Parcel #: /v 2 -aka- 3(og0 Legal Description of Property (found on County Tax Bill Notices): SvPl✓RSTiT1c7---1 VILLA GoT ?&0 3lo'i 37Q e- 371 Address/Location of Property (if different from Owner Address, above): No A'DT>X65S A!-61 6!--J� REQUEST INFORMATION: Describe existing and proposed use of the subject property and building(s): /.►.,,�,�,r o-r 6x s-n - ?tL0 Posh A.7cw ! ,000 SC-' s H o P Describe the request: A S K V-36 -Fo R ✓AZ IAIA-LC F-2 a -A 15` i-.4;;-v>ccs 26Qy1ttEME--.)T Describe any special circumstances or conditions that exist which would cause strict application of the regulations to be an unnecessary hardship: 4v n rye-. 1`-e-zLc AL�Ert�✓ x l_ �MvS I-- HA- b 4-t- P ROPG R TY A-) I,a,JO,Z%?tED A3�vT G►Z� T� .X� A PGC KcT FOR 54HO01- KISS V K C 67--r- d- vA+".Z>k L/Z.c Describe anv other reasons for the request: to ra f� h Co.0 P�c7�tF SLR A/ i••d�`✓e EkiST/..y vfc.►Jr yEr �t1�zT t?oofC To 1"4?P-WJ4 �NT�R� NEIGH RHooD OFFICE USE ONLY Case No: Date Filed: Receipt No: Fee Amount: $ Application Received By: IIWe certify that: IIWe are the owner(s)of the property described in this application for landscape appeal and have submitted copies of deeds or title reports as proof of ownership. UWe have read the application instructions and have truthfully completed this application and that the City has the option of either approval or denial of this request following conduct of a Public Hearing. IIWe, being the owner(s) of the property in this application, have appointedOu�iEi� as my/our representative agent. IIWe 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. PLE,AS4PRI N (2c�►� L Property Owner Namd Signature (P �4 z r aQ (�mth Street Address n� ('p 3 u —3 0 — 3 Z-q r Cit , State, Zip Telephone Property Owner Name Signature Street Address City, State, Zip Telephone Agent Name Signature t-7S1 A/ Sv&fznr Street Address 653o"z &49 3- 5 05- 3171 City, State, Zip �— Telephone STATE OF ARIZONA) The foregoing instrument was acknowledge before me this ) SS 7 day of it i Ci 20 1(1 COUNTY OF PINAL ) �— CATHY COOPER Notary Public,Stele of Arizona Marico a County Notary PUbIICI My Commission Expires • r December 01 , 2014 My Commission Expires: �Di Lo.111)V ( T`) �j CL cam, 0 x 1 ` . w • �W� � 4W,r. wuo F O Cd a I �w,� �wm ywui 11 x 5 2.L G O>y - '`.. 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[try - Q. c� 0 O o m L A C W a > - 3 o -� CL L p to m ai y u Y r T 2d y 2. m OI o Co y v 3 n n m N V O C C _T V N d 3 O q Gl L X O' Y O J y V] aH V a f ¢ a LL w a (7 F to to w w m � � D l l l l � •� to V m l� l! 1$ 131 ♦ r « +, l� �ij I� 1� N n Q, 31 ce 2 m| � L6 ) co , | j co ' _ , , . . K (; ) ) § , N § ' ■ §`§ 2 ! � R j 4 ■ a) > ` ' | \ , r . . \| § 2 z § : % & <)_ O § . k - | : ! h/ k ' . . . X $ � . FT , n !§ --- +eLa\&} -- — �s/��S "I OW ----j _._, _ � � - � / � , � ■ ¢ ƒ � _ � | � 9 _ - - - - - - � a ;_3 ■ ■ ■ ■ ■ , , , , , ■ , ■ ; . ; � . % , / $ . , m 41 ¢ • 9 | � � ral )LLJ ! � ■ ■ « ■ ! ; ; !� , ■ � : , � ; y ■ ■ � � � � ! ■ D � _WUmmOOO \uj ` - \ � . � � . , � « � / LU @ \ �� ± ■ ■ , , § . � & ! � ■ ■ : � ■ ; ■ , ■ ■ � ■ ; ; _ ( � � ! ■ ■ ■ ! ! � ; � ■ ■ � Czzataw,» � � Ln ORDINANCE NO.984 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 OF APACHE JUNCTION ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE NO. PZ-96-19 FROM CB-2, GENERAL BUSINESS TO CI-1/PD, LIGHT INDUSTRIAL BY PLANNED DEVELOPMENT: REPEALING ANY CONFLICTING PROVISIONS: AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT: SECTION I IN GENERAL The zoning district classification on the Zoning District Map City of Apache Junction Arizona_, for the parcel of land described as : Superstition Villa Subdivision, Lots 326 through 371 and 380 through 395; be and hereby is amended from CB-2, General Business , to CI-1/PD, Light Industrial by Planned Development: subject to the following stipulations: 1 . All proposed development , both new and expansion of existing , shall be reviewed by the Planninq and Zoninq Commission and the r;+„ Council according tc the requirements of ArtJcle 19 of the Zoning Ordinance, entitled Planned Development Zoning District. 2. Permitted uses for Case No. PZ-96-19 shall be as follows: Civic type uses Ambulance services Lodge, fraternal , and civic assembly Postal services Administrative services for nonprofit organizations Office: business , professional or semi -professional Insurance and real estate services ORDINANCE NO. 984 PAGE ONE OF THREE Any of the following , if conducted entirely within a completely enclosed building: Assembly/manufacturing of electrical components Upholstery shop Welding and/or machine shop (excluding punch presses over twenty (20) tons rated capacity, and drop hammer) Veterinary hospital Cabinet shop Instrument manufacturing Pottery manufacturing Sign shop Tire shop Other uses as deemed appropriate through the Conditional Use Permit process by the Planning and Zoning Commission. 3. Ordinance No 940 Landscaping and Screening Requirements shall be strictly applied to these parcels . 4. The following lots in Superstition Villa Subdivision are affected by this rezoning action: Lots 326 through 371 . and 380 through 395, for a total of 62 lots SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section , subsection, sentence, phrase, clause or portion of this ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 18TH DAY OF MARCH 1997 . ORDINANCE NO. 984 PAGE TWO OF THREE SIGNED AND ATTESTED TO THIS 1RTH DAY OF MARCH 1997 . . e DOUGLAS COLEMAI Mayor ATTEST: �,- KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: WILLIAM FARRELL interim City Attornev ORDINANCE NO. 984 PAGE THREE OF THREE 10 Apache Junction - Landscaping (a) Electrical power lines are 12 5. The developer demonstrates kilovolt (kV) or less capacity; that undergrounding overhead lines and equipment will be an unusual and extreme economic hardship and (b) The width of property (i.e., the cost of undergrounding is disproportionate to the development site) frontage exceeds 150 feet; and aesthetic benefit resulting from the undergrounding. (c) The proposed development/ (b) In no case shall new utility service redevelopment is located along a major arterial (i.e., extensions from existing service/transmission lines to section line) road including Old West Highway, a proposed subdivision or nonresidential development/ Apache Trail, State Route 88, on any new private and redevelopment be exempted from the undergrounding public streets, or within any adopted redevelopment requirement. area. (4) Appeal. Applicants aggrieved by the (3) Required written request and approval decision of the Development Services Director or his criteria. All requests for exemption from this or her designee may appeal the decision to the City requirement must be presented in writing to the Council within 20 calendar days after the Development Services Director or his or her designee Development Services Director's or his or her prior to development or redevelopment approval by designee's decision has been made. the city. (Prior Document, § 6-1-6) (Ord. passed - -; Am. Ord. 1318, passed 7-1-2008) (a) The Development Services Director or his or her designee may exempt or :onditionally exempt a proposed development or § 6-1-7 APPEAL TO CITY COUNCIL. redevelopment from the requirement to place new and/or existing overhead lines and equipment (A) Any person affected by the application of underground after confirming any of the following: any provision of this Article may appeal either the interpretation or application of this Article to the City 1. The adjacent land on both Council. The authority of the City Council shall sides of the proposed development/redevelopment extend only to the interpretation of the provisions of property is developed with existing structures or this Article and to the granting of a variance or the buildings and has existing overhead lines and adjustment of the regulations to overcome practical equipment located along the property's public or difficulties and prevent unnecessary hardship in the private road frontage; application of the regulations contained in this Article. The City Council shall have the power to: 2. The character of existing development within the immediate area exhibits a (1) Interpret this Article when the meaning dominant pattern of existing overhead lines and of any word or phrase of a section is in doubt; when equipment; there is a dispute as to the meaning between the appellant and the Department of Development 3. The proposed development/ Services; or when the location of a boundary is in redevelopment is a minor addition or modification to doubt; and an existing site/building. MINOR is defined as a building addition of less than 25% of the existing (2) Authorize variances,at a duly convened building's gross floor area; public hearing, from the strict application of the provisions of this Article in such cases in which the 4. The proposed development strict application of the provisions would result in the results in a minor subdivision of 3 or less lots; or serious impairment of a substantial property right, upon a showing as required in divisions (C)(1)(a) through (C)(1)(c) herein, provided that the special Landscaping and Screening Requirements 11 circumstances applicable to the property are not owners as shown on the list submitted by the applicant self-imposed by the property owner, and further under the provisions herein above. provided that the long-term interests of the community are given full consideration. (C) (1) At a public hearing for a variance, the applicant at the hearing shall present a statement and (B) Application for either an appeal of an adequate evidence, in such form as the Council shall interpretation of the provisions of this Article or any require, showing that: permissible variance of regulations, as provided herein, shall be made by the affected person to the (a) There are special circumstances or City Council on forms provided. The application shall conditions attached to the property upon which the be filed in the office of the Planning Division of the proposed building, structure, wall, landscaping or Department of Development Services and shall be other improvement is sought to be placed or erected, accompanied by the following: which circumstances or conditions do not apply generally to other land, buildings or improvements on (1) Accurate plot plans and descriptions of other property in the neighborhood subsequent to the the property involved and the proposed use with adoption of this Article. In making this showing, the preliminary floor plans and elevations of all proposed applicant must show that the special circumstances buildings; applicable to the property are not self-imposed; (2) Evidence satisfactory to the City (b) The granting of the application is Council, of the ability and intention to proceed with necessary for the preservation and enjoyment of actual construction work in accordance with the plans substantial existing property rights where the shape of within 6 months after Council approval; the building site, topography, location of existing buildings or other conditions make strict compliance (3) A list showing the names and addresses with the regulations impossible without practical of all persons, firms or corporations appearing on difficulty or hardship. In making this showing, the public record as owning property within the area applicant must show that the practical difficulties or proposed to be affected and within 300 feet of any hardships are not self-imposed; and part of the property for which a variance is requested. The Planning Division shall satisfy itself as to the (c) The granting of the application will completeness of the list prior to setting a date for not materially affect the health, safety or welfare of public hearing; persons residing, working or otherwise located in the neighborhood, and will not be materially detrimental (4) A nonrefundable filing fee of$250 shall to the public welfare or injurious to property or be paid at the time of filing of the application. A improvements in the neighborhood. continuance of a case at the request of the applicant requires a nonrefundable filing fee of$125; and (2) The City Council may approve or deny any such application. In approving any application, (5) Upon determination of the completeness the Council may designate any conditions in of the application, the City Council shall proceed to connection therewith as will, in its opinion, secure hold a public hearing on the application. Notice of the substantially the objectives of the regulation or time and place of the hearing, including a general provision to which the variance is granted, but in no explanation of the matter to be considered and a case shall these regulations be reduced in such manner general description of the area, shall be given at least as to violate the intention and purpose of this Article. 15 days before the hearing by publication of the notice The Council, when granting such a request, shall set at least once in a newspaper of general circulation in forth in writing the conditions imposed in order to the city; by posting the notice in conspicuous places cause the minimum possible interference with the close to the property affected; and by depositing in the general purposes of this Article. United States mail notices thereof addressed to the 12 Apache Junction - Landscaping (D) It shall be unlawful to violate any condition upon which a variance has been granted, punishable pursuant to the provisions of Apache Junction City Code, Vol. I, § 1-1-11. Where any condition under which a variance has been granted is violated, the variance shall cease to exist and any permit issued thereon shall become null and void. (Prior Document, § 6-1-7) (Ord. passed - -) WOH1SNvno H31ldM 0 0 � •<^' tl0001q Jlr.tl tl0(%]11UJ4•r1 �t LO a LU r- LL O M rlrtl 1 CO CC) pq �f� o WOdISNvno bl3llVM 0 'Ha ONINOOOO 'S CD LL LL C3 W O .00,00 L w > u a UV0 OM180(3 N O Qd OU)z�O �OOG O JZO J Q F- O H n 0 II 0 (D I co O X o*WF .00,00CD -m z O $vSiE O o'- N Q ¢<oLL � FOEcc?, rl II yowM0000,§ L o Z z U o_o N _o o —{L — T O •- G yt �Q71 G $V S (3 0 Y G Y J 3 yp morwrl Y (A J Z Z Z Z v Q aadad N WHO HO WEz SO o�d <o l — ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 17. Piz File ID: 14-100 Sponsor: Jeff Bell Agenda Date: 2/18/2014 Index: In Control: City Council Meeting Council direction to staff on the Lost Dutchman Monument located adjacent to the Focal Point in downtown Apache Junction. At the July 2, 2013 council meeting staff received direction from council that the appropriate staff allocate time to further research the city's possible role in partnering with the Dons on preserving and enhancing the Lost Dutchman Monument and/or draft a proclamation that demonstrates the city's support of this monument. Staff respectfully requests direction from council to formalize an agreement to partner with the Dons on the purchase and installation of the way-finding signage. The agreement will be brought back to council for final approval. Direction to staff. City of Apache Junction,Arizona Page 1 Printed on 611512026 DATE: February 6, 2014 MEMORANDUM TO: Honorable Mayor and City Council Members THROUGH: George R. Hoffman, City Manager FROM: Jeff Bell, Parks and Recreation Director SUBJECT: Dons Monument— Direction to Staff The Dons of Arizona is an independent, non-profit service organization based on Phoenix and incorporated under the laws of Arizona. For more than 65 years, the Dons' goal has been the study, preservation and public presentation of the history, legends and lore — plus the cultures and grandiose scenery — of Arizona and the Southwest. The Dons have purported that, at a location in the heart of downtown Apache Junction, they were granted a perpetual easement for a site that houses a monument memorializing the legend of the Lost Dutchman. This monument is located behind the Focal Point at the NE corner of Old West Highway and North Apache Trail. History During the July 2, 2013 council meeting, staff received direction from council "that the appropriate staff allocate time to further research the city's possible role in partnering with the Dons on preserving and enhancing the Lost Dutchman Monument and/or draft a proclamation that demonstrates the city's support of this monument." On July 16, 2013 city council approved a proclamation supporting the efforts of the Dons to restore the monument and also supported the opportunity to highlight the monument as a historically significant tourist attraction. The proclamation also declared the monument an honorary city historical site and committed to protect and honor this historical treasure. Staff work Bryant Powell and I have had several meeting with Dons representatives dating back to July 30, 2013. First order of business was to discuss way-finding signage to enhance the level of awareness and encourage more site visitation. Staff suggested a partnering concept of the Dons paying for the signage and the city providing installation and maintenance. The concept was taken back to the Dons board and they have been raising funds over the past 6 months. On February 5, 2014 1 was notified by the Dons that they have raised money ($1,300 cost for signs) and would like to pursue the partnership. Staff respectfully requests council direction to formalize an agreement to partner with the Dons on the purchase and installation of the way-finding signage. The agreement will be brought back for final approval. Not being addressed at this time is the larger issue of monument enhancements. These discussions are in early stages and due to the cost involved will take longer to realize. At some point in the future, staff may be coming back for further direction on this item ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 18. '+PizoN►' File ID: 14-57 Sponsor: George Hoffman Agenda Date: 2/18/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, March 3, 2014. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 19. '+PizoN►' File ID: 14-58 Sponsor: George Hoffman Agenda Date: 2/18/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. for Tuesday, March 4, 2014. Other meetings if necessary. City of Apache Junction,Arizona Page 1 Printed on 611512026