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HomeMy WebLinkAbout2014 12.16 City Council Regular Agenda re�c � City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall ` •' Agenda 300 E.Superstition Blvd \ - g Apache Junction,AZ \RiZONr 85119 City Council Meeting apachejunctionaz.gov Ph:(480)982-8002 Tuesday, December 16,2014 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. 14-579 Acceptance of agenda. Consideration and action. Sponsors: Kathy Connelly 2. 14-580 Approval of minutes of regular meeting of December 2, 2014. Consideration and action. Sponsors: Kathy Connelly Attachments: ccmin 120214 December 2, 2014 minutes 3. 14-598 Consideration and action on Resolution No. 14-46, authorizing the city to enter into an Intergovernmental Agreement with the Arizona Department of Revenue modifying its auditing authority. Consideration and action. Sponsors: Kathy Connelly Attachments: 2014 licensing amendment and audit modification IGA Resolution No 14-46 IGA with AzDOR Resolution No. 14-46 City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Meeting Agenda December 16,2014 4. 14-599 Consideration and action on Resolution No. 14-45, allowing the city to continue to collect transaction privilege tax licensing fees. Consideration and action. Sponsors: Kathy Connelly Attachments: 2014 licensing amendment and audit modification IGA Resolution No 14-45 License for TPT Resolution No. 14-45 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. 5. 14-581 Presentation of a check to Mayor John S. Insalaco and Chief of Police Thomas E. Kelly by a representative of The Benevolent and Protective Order of Elks, Lodge Number 2349 for the purchase of uniforms for the Apache Junction Police Department's Honor Guard. Presentation. Sponsors: Roger Hacker 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. 6. 14-606 City manager's report. Sponsors: Bryant Powell 7. 14-567 Presentation by and discussion with Lisa Rigler of Operation Welcome Home on the Arizona Wall Project. Presentation and discussion. Sponsors: Bryant Powell 8. 14-603 Presentation by and discussion with Chris Coyle, General Manager of Republic Services, regarding the closure date of landfill. Presentation and discussion. Sponsors: Bryant Powell 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 2 Printed on 611512026 City Council Meeting Agenda December 16,2014 9. 14-585 Application for a special event liquor license for the Usual Suspects Law Enforcement Motorcycle Club Arizona Chapter to be held January 10, 2015 at Hitching Post, 2341 North Apache Trail. The event will consist of various entertainers performing a concert. The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Consideration and action. Sponsors: Kathy Connelly Attachments: 2014 usual suspects special event january cc 2014 usual suspects special event january 2015 application 2014 usual suspects special event january 2015 applicant letter 2014 usual suspects special event january 2015.dept 2014 usual suspects special event january building recommend 2014 usual suspects special event january fire recommendation 2014 usual suspects special event january pd recommendation 2014 usual suspects special event january planning recommem 2014 usual suspects special event january halonen email 10. 14-583 Consideration of approval of proposed Ordinance No. 1407, relating to annexation case AN-1-14, a city initiated annexation of a strip of approximately 50 acres of vacant state trust land for Elliot Road right-of-way near the Meridian Drive alignment. Consideration and action. Sponsors: Kevin Koelbel Attachments: AN-1-14 CC PH 12-16-14 Ordinance No. 1407 11. 14-586 Presentation, discussion and action on Ordinance No. 1409 relating to case PZ-4-14, a request by Mesa Development Corporation and JBW Investments LLC, represented by John Wharton, for a rezoning of several properties (approximately 7 acres) at the southeast corner of US60 and S. Tomahawk Road, from General Rural Low Density Single-family Detached Residential (RS-GR) and Very High Density Multiple-family Residential (RM-3), to General Commercial District by Planned Development (B-1/PD). Presentation, discussion and action. Sponsors: Rudy Esquivias Attachments: PZ-4-14 Council Cover Memo Draft Ord. No. 1409 PZ-4-14 PZ PH rep w attach City of Apache Junction,Arizona Page 3 Printed on 611512026 City Council Meeting Agenda December 16,2014 12. 14-590 Consideration and action on Ordinance No.1408, relating to annexation case AN-2-14, a request by Mesa Development Corporation and JBW Investments LLC, represented by John Wharton, for annexation of and assignment of city zoning districts to, their properties (approximately 7 acres, including adjacent ADOT right-of-way) located at the southeast corner of S. Tomahawk Road and US60. Consideration and action. Sponsors: Rudy Esquivias Attachments: AN-2-14, Ord 1408 Council Cover Memo Ord 1408 w Exhibits 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. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 13. 14-600 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, January 5, 2015. Sponsors: Bryant Powell 14. 14-601 Executive Session at 5:45 P.M. for Tuesday, January 6, 2015. Other meetings if necessary. Sponsors: Bryant Powell City of Apache Junction,Arizona Page 4 Printed on 611512026 City Council Meeting Agenda December 16,2014 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. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. City of Apache Junction,Arizona Page 5 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 1. Piz File ID: 14-579 Sponsor: Kathy Connelly Agenda Date: 12/16/2014 Index: In Control: City Council Meeting Acceptance of agenda. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.2. Piz File ID: 14-580 Sponsor: Kathy Connelly Agenda Date: 12/16/2014 Index: In Control: City Council Meeting Approval of minutes of regular meeting of December 2, 2014. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 CITY COUNCIL REGULAR MEETING DECEMBER 2, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 2, 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 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco 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 Public Works Director Giao Pham Development Services Director Larry Kirch Assistant to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 1 OF 20 Others Present : Senior Planner Rudy Esquivias Principal Economic Development Specialist Janine Solley Public Information and Marketing Communications Specialist Constance Halonen-Wilson Public Works Manager Shane Kiesow ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE LEGAL ADVERTISING AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE ARIZIONA REPUBLIC FOR THE ONE YEAR PERIOD COMMENCING JANUARY 1, 2015 THROUGH DECEMBER 31, 2015, FOR THE RATES OF 33 CENTS PER LINE PER DAY IN THE MESA REPUBLIC AND 80 CENTS PER LINE PER DAY FOR THE ARIZONA REPUBLIC; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT WE ACCEPT THE RECOMMENDATIONS OF THE HEALTH AND HUMAN SERVICES COMMSSION AS OUTLINED IN THE MEMO FROM THE CITY CLERK DATED NOVEMBER 3, 2014, WHICH INCLUDES NOTIFICATION OF BOARD MEMBERS OF THE RESPECTIVE HUMAN SERVICES AGENCIES SHOULD THERE BE CONTRACT PERFORMANCE ISSUES AND THAT APPROVAL BE GIVEN FOR PROFESSIONAL SERVICES AGREEMENTS FOR FISCAL YEAR 2014-2015 BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION REACH OUT FOOD BANK IN THE AMOUNT OF $32, 000; THE BOYS AND GIRLS CLUB OF THE EAST VALLEY-APACHE JUNCTION BRANCH IN THE AMOUNT OF $20, 000; COMMUNITY ALLIANCE AGAINST FAMILY ABUSE IN THE AMOUNT OF $18, 000; AND EAST VALLEY ADULT RESOURCES FOR THE APACHE JUNCTION SENIOR CENTER IN THE AMOUNT OF $30, 000; FOR A TOTAL AMOUNT OF $100, 000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS. Councilmember Wilson SECONDED THE MOTION . VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 2 OF 20 None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson thanked the parks and recreation department for their assistance at the Little Buckaroos event on November 22 . They had over 72 kids show up, the largest they have had. He thanked the sponsors . Councilmember Wilson announced the Holiday Light Parade will be held at night on Saturday, December 5, with a winter walk-a- thon, different vendors and merchants, and snow available for the kids to play in during the day. Councilmember Rizzi announced the police department is hosting a crime-free multi-housing training event on December 10 at the parks and recreation conference room from 9 a.m. to 4 : 30 p.m. Councilmember Evans thanked everyone for participating at the Santa Paws and Claws last Saturday. She thanked the volunteers who assisted at the event . Councilmember Evans announced this Saturday they will have the second farmers' market and bazaar at Earth Heart Park in the morning. Councilmember Evans announced the Kit and Kaboodle free donation center for the residents is in desperate need for men' s clothing, blankets, young boys' clothing, sleeping bags, towels and men' s underwear. She provided the drop points . Councilmember Waldron announced he, Bryant, Matt and the mayor toured the Antinov-124 , a privately-owned Russian cargo plane. Thev had unfettered access to it. Gateway is the only airport in Arizona where they can land and offload their cargo. Mayor Insalaco commented the interpreter stated the most expensive part of the plane was the deck which is 4 inches thick of titanium. CITY MANAGER' S REPORT REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 3 OF 20 Assistant City Manager Bryant Powell thanked Chrystal Sawyer from parks and recreation for coordinating Little Buckaroos, the Paws and Claws staff for the Santa weekend, and he welcomed Larry Johnson from the chamber for an update on the Festival of the Superstitions . Apache Junction Chamber of Commerce Executive Director Larry Johnson gave a brief presentation on the Festival of the Superstitions event . PUBLIC HEARINGS ACQUISITION OF CONTROL OF THE LIQUOR LICENSE FOR FOOD CITY #115 ) ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. There was no applicant in attendance. He opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR AN ACQUISITION OF CONTROL FOR THE LIQUOR LICENSE FOR FOOD CITY #115, SUBMITTED BY MICHAEL JOSEPH BASHA, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. PROPOSED ORDINANCE NO. 1410, CASE PZ-5-14, FOR APPROVAL OF A REZONING OF A 0 . 67 ACRE PROPERTY LOCATED AT 1407 S . MERIDIAN ) Senior Planner Rudy Esquivias briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 4 OF 20 Mayor Insalaco requested the applicant address the council. Mr. Hector Martinez, 1407 S. Meridian, Apache Junction, addressed the council . Mayor Insalaco commented he plans on making it nicer. Mr. Hector Martinez stated that is correct . Mayor Insalaco asked if he was happy with everything planning did for him. Mr. Hector Martinez stated he was. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and called for council discussion. There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1410 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION . VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1410, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 5 OF 20 Councilmember Wilson SECONDED THE MOTION . VOTE: Unanimous . The motion carried. PROPOSED LAND EXCHANGE AGREEMENT FOR PROJECT NO. ED-14-1, AN EXCHANGE OF CITY-OWNED LAND IN DOWNTOWN APACHE JUNCTION FOR PRIVATE LAND ALSO LOCATED IN DOWNTOWN APACHE JUNCTION ) Principal Economic Development Specialist Janine Solley briefed the council on the item. Mayor Insalaco requested the applicant address the council . Mr. Herbert Madan addressed the council for any questions. Mayor Insalaco commented he would like to applaud him and city staff for getting this done. It is big for our city and he is glad they were able to work something out with staff to get this done for their benefit and for the city. He thanked him very much for that . He then opened the public hearing on the item. Mr. Tim Martens, Gammage & Burnham, representing WGG partners, addressed the council . He wanted to thank the city attorney and his staff and all the other city representatives who worked hard on making this project happen. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT APPROVAL BE GIVEN TO THE LAND EXCHANGE AGREEMENT FOR PROJECT NO. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 6 OF 20 ED-14-1 BETWEEN THE CITY OF APACHE JUNCTION AND WGG PARTNERS, LLC, FOR AN EXCHANGE OF CITY-OWNED LAND LOCATED AT 112 E. 2ND AVENUE IN DOWNTOWN APACHE JUNCTION FOR PRIVATE LAND LOCATED AT 180 NORTH APACHE TRAIL AND 184 NORTH APACHE TRAIL, ALSO LOCATED IN DOWNTOWN APACHE JUNCTION; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. PROPOSED ORDINANCE NO. 1406, IMPLEMENTING AN ADDITIONAL . 20 SALES TAX DEDICATED TO FUNDING ROADWAY MAINTENANCE AND REPAIRS AND SCHEDULED TO SUNSET IN 10 YEARS ) Mayor Insalaco commented staff has really worked hard to get this done. It is a relief to have this done. Assistant City Manager Bryant Powell briefed the council on the item. Councilmember Wilson commented he would like to make a statement concerning a recent article that appeared in the newspaper on the sales tax increase. Over the past 6 years Apache Trail has been deteriorating in condition. The road has been put on hold and is in need for repairs to make it last another 20 years . It is in desperate need to do this periodic maintenance that is required. The Highway Users Fund, the HURF fund, is a state- collected fund from all of us for the past 6 years through the state-regulated fuel tax and the additional tax placed on registration of our vehicles . The system of collecting funds for the upkeep, maintenance and improvement of roadways throughout the state was established by state legislators back in 1974 . They wanted to ensure that an even tax was placed on all fuel all over the state and they also wanted to ensure that REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 7 OF 20 the large communities did not have an unfair advantage over the rural areas of the state. They also did not want local governments to impose an additional tax on fuel . They established a procedure to equally distribute these funds according to population so no matter where you live in the state it is the same amount being used and redistributed for the roads. This has worked fine until 2001 when our state legislators started sweeping the funds to run state government. In Fiscal Year 2013-2014 and 2012-2013 $127 million was taken and, of course, again in 2011-2012 fiscal year they took over $226 million. Since 2001 it has been over $1 . 7 billion that they have otherwise distributed to run their local government. The City of Apache Junction has continued to receive some of these funds but in a greatly reduced amount . According to the paper, the city has estimated the shortchange is close to $4 million to maybe over $7 million since 2007 . This is more than enough that would have paid for the improvements on the Trail. Mayor Insalaco commented that is the Trail and other roads also, not just the Trail . Councilmember Wilson commented that is correct. The idea that if the city proposes a . 2 percent tax increase the consumer will go to another area to purchase their fuel to save this increase is incorrect. The tax is set by state legislators, it is the same no matter where you purchase your fuel . It is currently 18 cents per gallon and the last time the fuel tax was increased was in 1990 . That is part of the problem on what Bryant just brought up. It goes to the Highway User Funds and from there it is distributed directly, according to the state legislation. Also, the reverse is true. If you buy all your fuel in Apache Junction, it does not go directly to Apache Junction on their roads. The funds that have been diverted and run the general fund of the state have far exceeded the amount of funds needed to make the improvements of the roads in Apache Junction. In 2007 we had over $4 million in our HURF revenue with a reserve of $3. 9 million to rebuild, make improvements, perform emergency repairs to our city roads and roadways. This fund has been nearly used up by not only performing normal road maintenance but road repairs and being used in emergency road repairs . An example, two years ago, we had to perform a major repair on Southern Avenue when the road was washed out and it cost us over $192, 000 to make that repair. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 8 OF 20 Today we have just a little over $3 million in HURF funds that are coming in and we estimate by the end of this fiscal year we will have $1 . 5 million as an emergency reserve. The past few years we have had several roads that were in need of major repairs during our monsoon season. Every year we have to perform road repair and road maintenance. The number of miles we cover has been greatly reduced because of the lack of HURF funds. An example of some of the road improvements are in 2010 we spent $1 . 175 million on road improvements for Ironwood. We also partnered with the federal government and that value was a little over $3 million for what we got out of that . We also made in-house improvements on Cedar, Warner, and Lawson for $254, 000 . In 2011 we improved Winchester, 29th Avenue, Royal Palm subdivision, Plaza and Saguaro for $548, 000 . 2012 was our lowest year. We did Superstition Estate subdivision, the reconstruction of their roads for $157, 000 . Last year, in 2013, we spent $1 . 69 million for road improvements on Grand, Ocotillo, Main, Superstition Villa subdivision, Apache Villa subdivision and 16th Avenue. To say the city should have a slush fund to finance all these roads, he needs to ask where these funds will be coming from. Above all, what would you save if we had a cash reserve sitting there? As you can see, slush funds are coming from the fuel tax revenue that is currently being used to run the state government . During the time frame the city has reduced its size and has taken a huge reduction in the budget each year. The city is mandated by law to live within its means, and the city has done that each and every year and will continue to do that . Apache Junction has one of the lowest debt for a city of its size and has been very diligent with its city funds. I, for one, know that this tax we are looking at imposing is a double tax. I admit it is unfair. First we pay our gasoline tax and our licensing fees and the state acquires the money and distributes it the way they want to do it, and they are using it to operate DPS. We now are asking you to pay an additional amount to make the same improvements to our roads inside the city that these funds are supposed to be used for. We, in Apache Junction, are not the only city facing these problems. Other cities have increased or imposed a real estate tax for road improvement and upkeep, while others have increased sales tax. Some have decided to put a tax on improvements in the area of real estate for where the roads are running through. Mesa has done the real estate tax in these areas and Flagstaff is currently looking at the sales tax for their roads . Our need REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 9 OF 20 is now and delaying will only make it a more additional cost. I do wish we did not need to look at the additional sales tax, but I do not see we can get these funds any other way. I would like to pass a law that would make the state honor their agreement; that they would have to live within their means like the cities are imposed to do. And also, this goes with the ability for pay for education in schools. They currently were sued by the school systems and they are now going to be awarded their funds . But in talking to our legislators, as well as looking at other documents coming out from them, they are looking to possibly sweep even more funds because they do not have the funds to pay for education. They are looking very hard for this money. If someone could come up with a way that we could get these needed funds he would greatly appreciate it. I understand the need and understand the shortfall . But I do not know a way to come up with these needed funds . Before we pass this request or look at this request, I would ask that every year we bring back a report to the city council on how much money was brought in, how much was expended on the roads and where we are currently standing. This way we can keep up to date on the improvements and how it is being spent . I would also like to insist that the Apache Trail on the western side close to Meridian be looked at very hard for the water flow problems in that area . This has affected several businesses and it will cost considerably. We need to work with businesses in this area to ensure drainage problems are properly taken care of. Vice Mayor Barker commented he said it all . Councilmember Waldron commented during the last election cycle he cannot tell everyone the number of candidates, legislators and governor' s candidates he talked to and they all said they were opposed to sweeping the HURF funds . But it is pretty well known that if they are going to sweep it again this year then they will continue to sweep for several years to come because the state does not have any money. We will continue working with them and try to get the restoration to some . Even if it is restored it will still not be back to the level it was before simply because there are hybrid cars and a number of factors. What is important is they will continue to work to get the legislature to stop this practice so we can get the money over to us . He agreed with REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 10 OF 20 Chip. He thinks it was very well said that nobody likes this but when we presented this at the various public meetings, the sales tax option was the one that was most favored by everybody as opposed to a property tax. As representatives of the people, they have brought that message back. He thinks, as a representative of the government, they need to represent the views of the public. He does not like to do it, but they have to do something before this all falls apart . Vice Mayor Barker commented she thinks it is very important that they, as a council, and staff make finding a permanent revenue source a priority. The quicker we can find a permanent revenue source, if they can figure out what that is going to be, the better. HURF is going to go down. They all know that. Even if they were to magically tell the cities they can have all the money that was collected and then distribute it, it will gradually decrease . They need to make the number one priority that we find a permanent revenue source dedicated to roads. Whatever it might be and she does not know what that is . This is a temporary measure only. Mayor Insalaco opened the public hearing on the item. Mr. Luciano Buzzin, 3355 S . Cortez #35, Apache Junction, addressed the council . He stated he had six proposals . First of all, instead of a . 2% increase it should be . 4% and have a moratorium from February 2015 to February 2017 . Secondly, in 2016 give the people of Apache Junction the opportunity to vote to decide to have a sales tax or a property tax based on their assessment from Pinal County. Thirdly, have a business moratorium for five years to not pay property taxes for an existing or new business, because in Apache Junction we need new businesses. We do not need businesses to go away. Fourth, to eliminate sales taxes if the property tax is passed. Fifth, the property taxes would be 40% to 60% based on Pinal County' s assessment. Sixth, start collecting property taxes in 2017 with the first payment being 50% in February 2017 and the second payment being 50% in July 2017 or they can do a single payment of 100% with a 10% discount in March 2017 . These taxes will be collected yearly. He feels this should be implemented for the future growth of Apache Junction. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 11 OF 20 Mr. Wayne Standage, 1920 E. 20th Avenue, Apache Junction, addressed the council . He stated he would love to live in a city where they did not have to pay taxes, but it is not possible if they want to improve the community. They are faced with the chicken or the egg; which one would come first . They must improve the infrastructure to get businesses to want to come here. It will take some doing to at least get the infrastructure improved. They have been working on it . Chip mentioned a lot of good stuff that is going on. Citizens should realize that the majority of our sales tax goes to the state and the county. What they do give back we have to wait to receive. There is always the skimming of the cream that takes place. Centralizing the collection does not work. They will have to take care of themselves . He and his wife see no problem with . 20 . They also make sure that they shop here in Apache Junction for as many things as they possibly can so they contribute to the community to improve the roads and schools and help the community be viable and an enjoyable place to live. The issue to him is not discussing if they do a bond or sales tax, they do not have a choice . The roads have degraded so much, especially the Trail, they have to do something now. The sales tax is the only option to accomplish that. He likes the 10 year time frame . The city has already shown that when they have increased the sales tax for a special issue, when the time came, it was done and the sales tax went down. They have shown good honor and faith in complying with what the people want and he requested they pass this measure. Mr. Mohamed Ziaullah addressed the council . He stated he does not like the idea of raising taxes because people will go to Mesa to do their shopping. They will go elsewhere to do their regular shopping. He asked how many cities are raising taxes . About 15 years ago Tolleson had broken roads and they gave businesses incentives to come over and build businesses there. Now they have more warehouses, businesses and everything else . He requested they vote against the measure. Mr. James Hutcheson, 655 S. Conestoga, Apache Junction, addressed the council. He stated he had lived here for 30 years . He asked why give the city the money so the people working there can waste it. There is gross incompetence in city management. He has been dealing with it REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 12 OF 20 and is sick of it . If they raise the sales tax they will chase people out, especially the snowbirds. They will go over the county line to save two cents. The road crews put their time in, he has seen them at work. It is time to change it and taxing it is not the way to do it. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. Councilmember Serdy commented at this late time he will not be able to change any minds up here. He was disappointed with the process they had, appearing us against them. He would not like to see other council members be the them or the residents . We should all be the us . Some of the bullying that took place was very ugly and he would not like to see that . If someone has different ideas they were just exploring. Gail has some ideas on taxes that are not being collected that could and could solve a lot of this . There are ways they could come up with a couple hundred thousand here and there and come up with the money. He thinks if they go at this rate, hurting the mom and pops, they will disappear. They will be left with only chain stores, which is good, there is nothing wrong with that, but the mom and pops give us personality and make us our community. In the meantime he would like to see them reach out to Doug Ducey and see if there is anything he can do. He asked if they had contacted him, although he has not been sworn in yet . He hopes they can work as close as they can with him. Councilmember Waldron commented he did talk to Doug Ducey during his campaign and he is opposed to the sweeping of HURF funds, but there is no way they are going to pass a budget without doing it . Our representative, Doug Coleman, is against it . But reality says they are going to take the money. Even though the governor- elect is against it, he does not think they can pass the budget without doing it . He does not anticipate it happening within the next few years . Councilmember Serdy commented once he gets sworn in it could be different . He will have REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 13 OF 20 different information. He would still like to see what they can do. Mayor Insalaco commented some businesses are complaining that they are going to be pushing business away. If they do not have a road decent enough for the customers to get to their businesses, they will not be there. He does not know about anybody else, but he avoids the Trail as much as possible right now. They have been told by the experts that if they do not fix that road this next year it goes down to the bare minimum. That means a complete road bed. That road will be torn up for months at a time . He asked what the businesses would do then. Our backs are against the wall . There are articles in the newspaper saying the previous councils should have been doing this . The previous councils have done everything they can. The past mayors, the past council members, some of us are still here . Some of them were here and back on again. They have done everything they can to keep the tax rate down. Like Chip just said, he is not going to mention any names but some of our neighbors are in debt up to their ears, beyond their ears . We do not have that. But that does not mean they cannot put money back into the community and fix these roads. That Trail will not last another year the way it is . He asked if they wanted to bring it to a vote of the people . They would have to wait until an election. By that time they could forget Apache Trail . They could not get into the businesses that are on the Trail. People will not go to them. He then called for a motion. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1406 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 14 OF 20 Vice Mayor Barker MOVED THAT ORDINANCE NO. 1406, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: THAT WE ADD TO THAT A MANDATED YEARLY AUDIT OF FUNDS THAT ARE RECEIVED VIA THIS INCREASE IN THE SALES TAX AND THE SPECIFIC PROJECTS THAT RESULT FROM THE RECEPTION OF THOSE FUNDS; I ALSO WOULD LIKE TO SEE THE STAFF AND COUNCIL MAKE THIS A PRIORITY, FINDING A PERMANENT FUNDING MECHANISM THAT IS DEDICATED TO THE MAINTENANCE, REPAIR, CONSTRUCTION, ETC . OF ROADS SO THAT WE CAN RESCIND THIS ADDITIONAL . 2o SALES TAX AS SOON AS POSSIBLE, AND PREFERABLY BEFORE THE TEN YEAR SUNSET CLAUSE. City Attorney Joel Stern asked for a point of clarification. He asked if she was saying she wanted to amend the ordinance or what she added as an amendment. Vice Mayor Barker commented she wanted to add to it. City Attorney Joel Stern asked if it is part of the motion. Vice Mayor Barker commented it is part of the motion. The addition is part of the motion. City Clerk Kathleen Connelly asked if she wanted the words she just said in the ordinance. Vice Mayor Barker commented she wants the words up through funds, up through the audit and special projects . Or they can put the whole thing in there if they want. Priority can be part of the ordinance . City Attorney Joel Stern stated if they change the ordinance the way it is drafted, they can do that, but there will probably be a delay. Vice Mayor Barker asked if she can add the audit to the ordinance. City Attorney Joel Stern stated she may but . REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 15 OF 20 Vice Mayor Barker commented but that will delay the ordinance. He is saying anything that is changed. City Attorney Joel Stern stated that is correct . He is suggesting any amendment she makes be done by motion and that still would carry weight with city management . What she mentioned was administrative rather than having to be in the actual ordinance, which is a law change. Vice Mayor Barker asked him to educate her on how to do it. City Attorney Joel Stern stated any amendments that she just read would just be part of the motion rather than part of the actual ordinance . Vice Mayor Barker commented that works for her. City Clerk Kathleen Connelly stated this ordinance becomes an amendment to their tax code. Vice Mayor Barker commented absolutely. City Clerk Kathleen Connelly stated the words she just added are not usually in a tax code. Since they are no longer allowed to do what is called green page changes, she believes the Model Tax Code Commission and the Department of Revenue would look at this a little strangely. Vice Mayor Barker commented however it works . City Attorney Joel Stern stated he recommends she retract her motion. Vice Mayor Barker RETRACTED HER MOTION. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 16 OF 20 City Attorney Joel Stern stated if she wants Ordinance No. 1406 passed, that is number one, and number two she adds the following direction to the city management for administrative purposes. Vice Mayor Barker commented add the following direction to the city management . City Attorney Joel Stern stated for administrative purposes. Vice Mayor Barker commented having already retracted her motion, she MOVED THAT ORDINANCE NO. 1406, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING ADMINISTRATIVE DIRECTION: THAT WE HAVE A YEARLY AUDIT OF FUNDS THAT ARE RECEIVED VIA THIS INCREASE IN THE SALES TAX AND THE SPECIFIC PROJECTS THAT RESULT FROM THE RECEPTION OF THOSE FUNDS; I ALSO WOULD LIKE TO SEE THE STAFF AND COUNCIL MAKE THIS A PRIORITY, FINDING A PERMANENT FUNDING MECHANISM THAT IS DEDICATED TO THE MAINTENANCE, REPAIR, CONSTRUCTION, ETC . OF ROADS SO THAT WE CAN RESCIND THIS ADDITIONAL . 2% SALES TAX AS SOON AS POSSIBLE, AND PREFERABLY BEFORE THE TEN YEAR SUNSET CLAUSE. Councilmember Waldron SECONDED THE MOTION. VOTE: 5-2 (Councilmembers Rizzi and Serdy voted in opposition. ) During the vote Councilmember Wilson commented he was very torn with this but he understands the need and dilemma they are in. Reluctantly he said yes. During the vote Councilmember Rizzi commented while she fully agrees with the annual audit, she thinks it is a great addition to the ordinance, she cannot go with a ten year sunset . She just cannot do it . She has had way too many people contact her, business owners and residents. She has had one person contact her concerned about a property tax. Everybody that has contacted her has said that this tax would hurt their businesses. She then voted no. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 17 OF 20 During the vote Councilmember Serdy commented the longer this dragged on the more he heard from people that did not want it. He voted no. The motion carried. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5: 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, DECEMBER 15, 2014, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5: 45 P.M. BE HELD ON TUESDAY, DECEMBER 16, 2014 , IN THE CITY COUNCIL CHAMBERS . Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Mr. Chris Coyle, Republic Services, 4050 S . Tomahawk, Apache Junction, addressed the council regarding their recent free dump week November 10-15 which brought in 2, 474 . 33 tons disposed of for free for a value or $26, 281 . 04 . He also thanked the police chief and Lieutenant Robinson for coordinating the auxiliary police force on Saturday. The next free dump week will be in REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 18 OF 20 February. Republic Services is opening a new transfer station for solid waste on Germann in Chandler. Assistant City Manager Bryant Powell asked if the transfer station will have an inflow that is already coming there or will it eventually come. Mr. Chris Coyle stated it will be a net change. Some will be going in and some going out. Ms. Nancy Burgess, Apache Junction Food Bank, addressed the council to thank them for passing the human services funding as they have to make up for no longer getting food from St . Mary' s. She also thanked the council and staff for their turkey contributions for Thanksgiving. She also congratulated them on the . 2o sales tax vote. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 8 : 13 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of November 18, 2014 . 3. Consideration of legal advertising agreement with the Arizona Republic for the one-year period commencing January 1, 2015 through December 31, 2015. 4 . Consideration of Fiscal Year 2014-15 health and human services funding agreements. ACCEPTED THIS 16TH DAY OF DECEMBER, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 16TH DAY OF DECEMBER, 2014 . JOHN S. INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 19 OF 20 ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 2nd day of December, 2014 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 9th day of December, 2014 . w . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 20 OF 20 CITY COUNCIL REGULAR MEETING DECEMBER 2, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 2, 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 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron led the Pledge of Allegiance . ROLL CALL Councilmembers Present: Mayor Insalaco 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 Public Works Director Giao Pham Development Services Director Larry Kirch Assistant to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 1 OF 20 Others Present : Senior Planner Rudy Esquivias Principal Economic Development Specialist Janine Solley Public Information and Marketing Communications Specialist Constance Halonen-Wilson Public Works Manager Shane Kiesow ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE LEGAL ADVERTISING AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE ARIZIONA REPUBLIC FOR THE ONE YEAR PERIOD COMMENCING JANUARY 1, 2015 THROUGH DECEMBER 31, 2015, FOR THE RATES OF 33 CENTS PER LINE PER DAY IN THE MESA REPUBLIC AND 80 CENTS PER LINE PER DAY FOR THE ARIZONA REPUBLIC; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT WE ACCEPT THE RECOMMENDATIONS OF THE HEALTH AND HUMAN SERVICES COMMSSION AS OUTLINED IN THE MEMO FROM THE CITY CLERK DATED NOVEMBER 3, 2014, WHICH INCLUDES NOTIFICATION OF BOARD MEMBERS OF THE RESPECTIVE HUMAN SERVICES AGENCIES SHOULD THERE BE CONTRACT PERFORMANCE ISSUES AND THAT APPROVAL BE GIVEN FOR PROFESSIONAL SERVICES AGREEMENTS FOR FISCAL YEAR 2014-2015 BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION REACH OUT FOOD BANK IN THE AMOUNT OF $32, 000; THE BOYS AND GIRLS CLUB OF THE EAST VALLEY-APACHE JUNCTION BRANCH IN THE AMOUNT OF $20, 000; COMMUNITY ALLIANCE AGAINST FAMILY ABUSE IN THE AMOUNT OF $18, 000; AND EAST VALLEY ADULT RESOURCES FOR THE APACHE JUNCTION SENIOR CENTER IN THE AMOUNT OF $30, 000; FOR A TOTAL AMOUNT OF $100, 000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS . Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 2 OF 20 None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson thanked the parks and recreation department for their assistance at the Little Buckaroos event on November 22 . They had over 72 kids show up, the largest they have had. He thanked the sponsors. Councilmember Wilson announced the Holiday Light Parade will be held at night on Saturday, December 5, with a winter walk-a- thon, different vendors and merchants, and snow available for the kids to play in during the day. Councilmember Rizzi announced the police department is hosting a crime-free multi-housing training event on December 10 at the parks and recreation conference room from 9 a .m. to 4 : 30 p.m. Councilmember Evans thanked everyone for participating at the Santa Paws and Claws last Saturday. She thanked the volunteers who assisted at the event. Councilmember Evans announced this Saturday they will have the second farmers' market and bazaar at Earth Heart Park in the morning. Councilmember Evans announced the Kit and Kaboodle free donation center for the residents is in desperate need for men' s clothing, blankets, young boys' clothing, sleeping bags, towels and men' s underwear. She provided the drop points . Councilmember Waldron announced he, Bryant, Matt and the mayor toured the Antinov-124 , a privately-owned Russian cargo plane. Thev had unfettered access to it. Gateway is the only airport in Arizona where they can land and offload their cargo. Mayor Insalaco commented the interpreter stated the most expensive part of the plane was the deck which is 4 inches thick of titanium. CITY MANAGER' S REPORT REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 3 OF 20 Assistant City Manager Bryant Powell thanked Chrystal Sawyer from parks and recreation for coordinating Little Buckaroos, the Paws and Claws staff for the Santa weekend, and he welcomed Larry Johnson from the chamber for an update on the Festival of the Superstitions . Apache Junction Chamber of Commerce Executive Director Larry Johnson gave a brief presentation on the Festival of the Superstitions event . PUBLIC HEARINGS ACQUISITION OF CONTROL OF THE LIQUOR LICENSE FOR FOOD CITY #115 ) ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. There was no applicant in attendance. He opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR AN ACQUISITION OF CONTROL FOR THE LIQUOR LICENSE FOR FOOD CITY #115, SUBMITTED BY MICHAEL JOSEPH BASHA, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. PROPOSED ORDINANCE NO. 1410, CASE PZ-5-14, FOR APPROVAL OF A REZONING OF A 0 . 67 ACRE PROPERTY LOCA^ED AT 1407 S . MERIDIAN ) Senior Planner Rudy Esquivias briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 4 OF 20 Mayor Insalaco requested the applicant address the council . Mr. Hector Martinez, 1407 S . Meridian, Apache Junction, addressed the council . Mayor Insalaco commented he plans on making it nicer. Mr. Hector Martinez stated that is correct . Mayor Insalaco asked if he was happy with everything planning did for him. Mr. Hector Martinez stated he was. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and called for council discussion. There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1410 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1410, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 5 OF 20 Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. PROPOSED LAND EXCHANGE AGREEMENT FOR PROJECT NO. ED-14-1, AN EXCHANGE OF CITY-OWNED LAND IN DOWNTOWN APACHE JUNCTION FOR PRIVATE LAND ALSO LOCATED IN DOWNTOWN APACHE JUNCTION ) Principal Economic Development Specialist Janine Solley briefed the council on the item. Mayor Insalaco requested the applicant address the council . Mr. Herbert Madan addressed the council for any questions . Mayor Insalaco commented he would like to applaud him and city staff for getting this done. It is big for our city and he is glad they were able to work something out with staff to get this done for their benefit and for the city. He thanked him very much for that. He then opened the public hearing on the item. Mr. Tim Martens, Gammage & Burnham, representing WGG partners, addressed the council . He wanted to thank the city attorney and his staff and all the other city representatives who worked hard on making this project happen. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT APPROVAL BE GIVEN TO THE LAND EXCHANGE AGREEMENT FOR PROJECT NO. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 6 OF 20 ED-14-1 BETWEEN THE CITY OF APACHE JUNCTION AND WGG PARTNERS, LLC, FOR AN EXCHANGE OF CITY-OWNED LAND LOCATED AT 112 E. 2ND AVENUE IN DOWNTOWN APACHE JUNCTION FOR PRIVATE LAND LOCATED AT 180 NORTH APACHE TRAIL AND 184 NORTH APACHE TRAIL, ALSO LOCATED IN DOWNTOWN APACHE JUNCTION; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. PROPOSED ORDINANCE NO. 1406, IMPLEMENTING AN ADDITIONAL . 20 SALES TAX DEDICATED TO FUNDING ROADWAY MAINTENANCE AND REPAIRS AND SCHEDULED TO SUNSET IN 10 YEARS ) Mayor Insalaco commented staff has really worked hard to get this done. It is a relief to have this done. Assistant City Manager Bryant Powell briefed the council on the item. Councilmember Wilson commented he would like to make a statement concerning a recent article that appeared in the newspaper on the sales tax increase. Over the past 6 years Apache Trail has been deteriorating in condition. The road has been put on hold and is in need for repairs to make it last another 20 years . It is in desperate need to do this periodic maintenance that is required. The Highway Users Fund, the HURF fund, is a state- collected fund from all of us for the past 6 years through the state-regulated fuel tax and the additional tax placed on registration of our vehicles. The system of collecting funds for the upkeep, maintenance and improvement of roadways throughout the state was established by state legislators back in 1974 . They wanted to ensure that an even tax was placed on all fuel all over the state and they also wanted to ensure that REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 7 OF 20 the large communities did not have an unfair advantage over the rural areas of the state. They also did not want local governments to impose an additional tax on fuel . They established a procedure to equally distribute these funds according to population so no matter where you live in the state it is the same amount being used and redistributed for the roads. This has worked fine until 2001 when our state legislators started sweeping the funds to run state government. In Fiscal Year 2013-2014 and 2012-2013 $127 million was taken and, of course, again in 2011-2012 fiscal year they took over $226 million. Since 2001 it has been over $1 . 7 billion that they have otherwise distributed to run their local government . The City of Apache Junction has continued to receive some of these funds but in a greatly reduced amount . According to the paper, the city has estimated the shortchange is close to $4 million to maybe over $7 million since 2007 . This is more than enough that would have paid for the improvements on the Trail . Mayor Insalaco commented that is the Trail and other roads also, not just the Trail. Councilmember Wilson commented that is correct . The idea that if the city proposes a . 2 percent tax increase the consumer will go to another area to purchase their fuel to save this increase is incorrect . The tax is set by state legislators, it is the same no matter where you purchase your fuel . It is currently 18 cents per gallon and the last time the fuel tax was increased was in 1990 . That is part of the problem on what Bryant just brought up. It goes to the Highway User Funds and from there it is distributed directly, according to the state legislation. Also, the reverse is true. If you buy all your fuel in Apache Junction, it does not go directly to Apache Junction on their roads . The funds that have been diverted and run the general fund of the state have far exceeded the amount of funds needed to make the improvements of the roads in Apache Junction. In 2007 we had over $4 million in our HURF revenue with a reserve of $3. 9 million to rebuild, make improvements, perform emergency repairs to our city roads and roadways . This fund has been nearly used up by not only performing normal road maintenance but road repairs and being used in emergency road repairs . An example, two years ago, we had to perform a major repair on Southern Avenue when the road was washed out and it cost us over $192, 000 to make that repair. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 8 OF 20 Today we have just a little over $3 million in HURF funds that are coming in and we estimate by the end of this fiscal year we will have $1 . 5 million as an emergency reserve. The past few years we have had several roads that were in need of major repairs during our monsoon season. Every year we have to perform road repair and road maintenance . The number of miles we cover has been greatly reduced because of the lack of HURF funds. An example of some of the road improvements are in 2010 we spent $1 . 175 million on road improvements for Ironwood. We also partnered with the federal government and that value was a little over $3 million for what we got out of that . We also made in-house improvements on Cedar, Warner, and Lawson for $254, 000 . In 2011 we improved Winchester, 29th Avenue, Royal Palm subdivision, Plaza and Saguaro for $548, 000 . 2012 was our lowest year . We did Superstition Estate subdivision, the reconstruction of their roads for $157, 000 . Last year, in 2013, we spent $1 . 69 million for road improvements on Grand, Ocotillo, Main, Superstition Villa subdivision, Apache Villa subdivision and 16th Avenue. To say the city should have a slush fund to finance all these roads, he needs to ask where these funds will be coming from. Above all, what would you save if we had a cash reserve sitting there? As you can see, slush funds are coming from the fuel tax revenue that is currently being used to run the state government . During the time frame the city has reduced its size and has taken a huge reduction in the budget each year. The city is mandated by law to live within its means, and the city has done that each and every year and will continue to do that . Apache Junction has one of the lowest debt for a city of its size and has been very diligent with its city funds. I, for one, know that this tax we are looking at imposing is a double tax. I admit it is unfair. First we pay our gasoline tax and our licensing fees and the state acquires the money and distributes it the way they want to do it, and they are using it to operate DPS. We now are asking you to pay an additional amount to make the same improvements to our roads inside the city that these funds are supposed to be used for. We, in Apache Junction, are not the only city facing these problems . Other cities have increased or imposed a real estate tax for road improvement and upkeep, while others have increased sales tax. Some have decided to put a tax on improvements in the area of real estate for where the roads are running through. Mesa has done the real estate tax in these areas and Flagstaff is currently looking at the sales tax for their roads. Our need REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 9 OF 20 is now and delaying will only make it a more additional cost . I do wish we did not need to look at the additional sales tax, but I do not see we can get these funds any other way. I would like to pass a law that would make the state honor their agreement; that they would have to live within their means like the cities are imposed to do. And also, this goes with the ability for pay for education in schools . They currently were sued by the school systems and they are now going to be awarded their funds . But in talking to our legislators, as well as looking at other documents coming out from them, they are looking to possibly sweep even more funds because they do not have the funds to pay for education. They are looking very hard for this money. If someone could come up with a way that we could get these needed funds he would greatly appreciate it. I understand the need and understand the shortfall . But I do not know a way to come up with these needed funds. Before we pass this request or look at this request, I would ask that every year we bring back a report to the city council on how much money was brought in, how much was expended on the roads and where we are currently standing. This way we can keep up to date on the improvements and how it is being spent . I would also like to insist that the Apache Trail on the western side close to Meridian be looked at very hard for the water flow problems in that area. This has affected several businesses and it will cost considerably. We need to work with businesses in this area to ensure drainage problems are properly taken care of. Vice Mayor Barker commented he said it all . Councilmember Waldron commented during the last election cycle he cannot tell everyone the number of candidates, legislators and governor' s candidates he talked to and they all said they were opposed to sweeping the HURF funds. But it is pretty well known that if they are going to sweep it again this year then they will continue to sweep for several years to come because the state does not have any money. We will continue working with them and try to get the restoration to some . Even if it is restored it will still not be back to the level it was before simply because there are hybrid cars and a number of factors . What is important is they will continue to work to get the legislature to stop this practice so we can get the money over to us . He agreed with REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 10 OF 20 Chip. He thinks it was very well said that nobody likes this but when we presented this at the various public meetings, the sales tax option was the one that was most favored by everybody as opposed to a property tax. As representatives of the people, they have brought that message back. He thinks, as a representative of the government, they need to represent the views of the public. He does not like to do it, but they have to do something before this all falls apart . Vice Mayor Barker commented she thinks it is very important that they, as a council, and staff make finding a permanent revenue source a priority. The quicker we can find a permanent revenue source, if they can figure out what that is going to be, the better. HURF is going to go down. They all know that. Even if they were to magically tell the cities they can have all the money that was collected and then distribute it, it will gradually decrease. They need to make the number one priority that we find a permanent revenue source dedicated to roads. Whatever it might be and she does not know what that is . This is a temporary measure only. Mayor Insalaco opened the public hearing on the item. Mr. Luciano Buzzin, 3355 S. Cortez #35, Apache Junction, addressed the council. He stated he had six proposals . First of all, instead of a . 2% increase it should be . 4% and have a moratorium from February 2015 to February 2017 . Secondly, in 2016 give the people of Apache Junction the opportunity to vote to decide to have a sales tax or a property tax based on their assessment from Pinal County. Thirdly, have a business moratorium for five years to not pay property taxes for an existing or new business, because in Apache Junction we need new businesses . We do not need businesses to go away. Fourth, to eliminate sales taxes if the property tax is passed. Fifth, the property taxes would be 40% to 60% based on Pinal County' s assessment . Sixth, start collecting property taxes in 2017 with the first payment being 50% in February 2017 and the second payment being 50% in July 2017 or they can do a single payment of 100% with a 10% discount in March 2017 . These taxes will be collected yearly. He feels this should be implemented for the future growth of Apache Junction. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 11 OF 20 Mr. Wayne Standage, 1920 E. 20th Avenue, Apache Junction, addressed the council. He stated he would love to live in a city where they did not have to pay taxes, but it is not possible if they want to improve the community. They are faced with the chicken or the egg; which one would come first . They must improve the infrastructure to get businesses to want to come here. It will take some doing to at least get the infrastructure improved. They have been working on it . Chip mentioned a lot of good stuff that is going on. Citizens should realize that the majority of our sales tax goes to the state and the county. What they do give back we have to wait to receive. There is always the skimming of the cream that takes place. Centralizing the collection does not work. They will have to take care of themselves . He and his wife see no problem with . 20 . They also make sure that they shop here in Apache Junction for as many things as they possibly can so they contribute to the community to improve the roads and schools and help the community be viable and an enjoyable place to live. The issue to him is not discussing if they do a bond or sales tax, they do not have a choice. The roads have degraded so much, especially the Trail, they have to do something now. The sales tax is the only option to accomplish that . He likes the 10 year time frame. The city has already shown that when they have increased the sales tax for a special issue, when the time came, it was done and the sales tax went down. They have shown good honor and faith in complying with what the people want and he requested they pass this measure. Mr. Mohamed Ziaullah addressed the council. He stated he does not like the idea of raising taxes because people will go to Mesa to do their shopping. They will go elsewhere to do their regular shopping. He asked how many cities are raising taxes . About 15 years ago Tolleson had broken roads and they gave businesses incentives to come over and build businesses there. Now they have more warehouses, businesses and everything else. He requested they vote against the measure. Mr. James Hutcheson, 655 S. Conestoga, Apache Junction, addressed the council. He stated he had lived here for 30 years . He asked why give the city the money so the people working there can waste it . There is gross incompetence in city management. He has been dealing with it REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 12 OF 20 and is sick of it . If they raise the sales tax they will chase people out, especially the snowbirds. They will go over the county line to save two cents . The road crews put their time in, he has seen them at work. It is time to change it and taxing it is not the way to do it . Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. Councilmember Serdy commented at this late time he will not be able to change any minds up here. He was disappointed with the process they had, appearing us against them. He would not like to see other council members be the them or the residents . We should all be the us . Some of the bullying that took place was very ugly and he would not like to see that. If someone has different ideas they were just exploring. Gail has some ideas on taxes that are not being collected that could and could solve a lot of this. There are ways they could come up with a couple hundred thousand here and there and come up with the money. He thinks if they go at this rate, hurting the mom and pops, they will disappear. They will be left with only chain stores, which is good, there is nothing wrong with that, but the mom and pops give us personality and make us our community. In the meantime he would like to see them reach out to Doug Ducey and see if there is anything he can do. He asked if they had contacted him, although he has not been sworn in yet . He hopes they can work as close as they can with him. Councilmember Waldron commented he did talk to Doug Ducey during his campaign and he is opposed to the sweeping of HURF funds, but there is no way they are going to pass a budget without doing it . Our representative, Doug Coleman, is against it . But reality says they are going to take the money. Even though the governor- elect is against it, he does not think they can pass the budget without doing it . He does not anticipate it happening within the next few years . Councilmember Serdy commented once he gets sworn in it could be different . He will have REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 13 OF 20 different information. He would still like to see what they can do. Mayor Insalaco commented some businesses are complaining that they are going to be pushing business away. If they do not have a road decent enough for the customers to get to their businesses, they will not be there. He does not know about anybody else, but he avoids the Trail as much as possible right now. They have been told by the experts that if they do not fix that road this next year it goes down to the bare minimum. That means a complete road bed. That road will be torn up for months at a time. He asked what the businesses would do then. Our backs are against the wall . There are articles in the newspaper saying the previous councils should have been doing this . The previous councils have done everything they can. The past mayors, the past council members, some of us are still here. Some of them were here and back on again. They have done everything they can to keep the tax rate down. Like Chip just said, he is not going to mention any names but some of our neighbors are in debt up to their ears, beyond their ears . We do not have that. But that does not mean they cannot put money back into the community and fix these roads. That Trail will not last another year the way it is. He asked if they wanted to bring it to a vote of the people. They would have to wait until an election. By that time they could forget Apache Trail . They could not get into the businesses that are on the Trail . People will not go to them. He then called for a motion. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1406 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 14 OF 20 Vice Mayor Barker MOVED THAT ORDINANCE NO. 1406, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS : THAT WE ADD TO THAT A MANDATED YEARLY AUDIT OF FUNDS THAT ARE RECEIVED VIA THIS INCREASE IN THE SALES TAX AND THE SPECIFIC PROJECTS THAT RESULT FROM THE RECEPTION OF THOSE FUNDS; I ALSO WOULD LIKE TO SEE THE STAFF AND COUNCIL MAKE THIS A PRIORITY, FINDING A PERMANENT FUNDING MECHANISM THAT IS DEDICATED TO THE MAINTENANCE, REPAIR, CONSTRUCTION, ETC . OF ROADS SO THAT WE CAN RESCIND THIS ADDITIONAL . 2% SALES TAX AS SOON AS POSSIBLE, AND PREFERABLY BEFORE THE TEN YEAR SUNSET CLAUSE. City Attorney Joel Stern asked for a point of clarification. He asked if she was saying she wanted to amend the ordinance or what she added as an amendment. Vice Mayor Barker commented she wanted to add to it. City Attorney Joel Stern asked if it is part of the motion. Vice Mayor Barker commented it is part of the motion. The addition is part of the motion. City Clerk Kathleen Connelly asked if she wanted the words she just said in the ordinance. Vice Mayor Barker commented she wants the words up through funds, up through the audit and special projects . Or they can put the whole thing in there if they want. Priority can be part of the ordinance. City Attorney Joel Stern stated if they change the ordinance the way it is drafted, they can do that, but there will probably be a delay. Vice Mayor Barker asked if she can add the audit to the ordinance. City Attorney Joel Stern stated she may but . REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 15 OF 20 Vice Mayor Barker commented but that will delay the ordinance . He is saying anything that is changed. City Attorney Joel Stern stated that is correct . He is suggesting any amendment she makes be done by motion and that still would carry weight with city management . What she mentioned was administrative rather than having to be in the actual ordinance, which is a law change. Vice Mayor Barker asked him to educate her on how to do it . City Attorney Joel Stern stated any amendments that she just read would just be part of the motion rather than part of the actual ordinance . Vice Mayor Barker commented that works for her. City Clerk Kathleen Connelly stated this ordinance becomes an amendment to their tax code. Vice Mayor Barker commented absolutely. City Clerk Kathleen Connelly stated the words she just added are not usually in a tax code . Since they are no longer allowed to do what is called green page changes, she believes the Model Tax Code Commission and the Department of Revenue would look at this a little strangely. Vice Mayor Barker commented however it works . City Attorney Joel Stern stated he recommends she retract her motion. Vice Mayor Barker RETRACTED HER MOTION . REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 16 OF 20 City Attorney Joel Stern stated if she wants Ordinance No. 1406 passed, that is number one, and number two she adds the following direction to the city management for administrative purposes . Vice Mayor Barker commented add the following direction to the city management . City Attorney Joel Stern stated for administrative purposes . Vice Mayor Barker commented having already retracted her motion, she MOVED THAT ORDINANCE NO. 1406, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING ADMINISTRATIVE DIRECTION: THAT WE HAVE A YEARLY AUDIT OF FUNDS THAT ARE RECEIVED VIA THIS INCREASE IN THE SALES TAX AND THE SPECIFIC PROJECTS THAT RESULT FROM THE RECEPTION OF THOSE FUNDS; I ALSO WOULD LIKE TO SEE THE STAFF AND COUNCIL MAKE THIS A PRIORITY, FINDING A PERMANENT FUNDING MECHANISM THAT IS DEDICATED TO THE MAINTENANCE, REPAIR, CONSTRUCTION, ETC. OF ROADS SO THAT WE CAN RESCIND THIS ADDITIONAL . 2o SALES TAX AS SOON AS POSSIBLE, AND PREFERABLY BEFORE THE TEN YEAR SUNSET CLAUSE. Councilmember Waldron SECONDED THE MOTION. VOTE: 5-2 (Councilmembers Rizzi and Serdy voted in opposition. ) During the vote Councilmember Wilson commented he was very torn with this but he understands the need and dilemma they are in. Reluctantly he said yes . During the vote Councilmember Rizzi commented while she fully agrees with the annual audit, she thinks it is a great addition to the ordinance, she cannot go with a ten year sunset . She just cannot do it. She has had way too many people contact her, business owners and residents. She has had one person contact her concerned about a property tax. Everybody that has contacted her has said that this tax would hurt their businesses . She then voted no. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 17 OF 20 During the vote Councilmember Serdy commented the longer this dragged on the more he heard from people that did not want it . He voted no. The motion carried. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5: 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, DECEMBER 15, 2014, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5: 45 P. M. BE HELD ON TUESDAY, DECEMBER 16, 2014, IN THE CITY COUNCIL CHAMBERS. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Mr. Chris Coyle, Republic Services, 4050 S . Tomahawk, Apache Junction, addressed the council regarding their recent free dump week November 10-15 which brought in 2, 474 . 33 tons disposed of for free for a value or $26, 281 . 04 . He also thanked the police chief and Lieutenant Robinson for coordinating the auxiliary police force on Saturday. The next free dump week will be in REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 18 OF 20 February. Republic Services is opening a new transfer station for solid waste on Germann in Chandler. Assistant City Manager Bryant Powell asked if the transfer station will have an inflow that is already coming there or will it eventually come. Mr. Chris Coyle stated it will be a net change. Some will be going in and some going out. Ms . Nancy Burgess, Apache Junction Food Bank, addressed the council to thank them for passing the human services funding as they have to make up for no longer getting food from St . Mary' s . She also thanked the council and staff for their turkey contributions for Thanksgiving. She also congratulated them on the . 2o sales tax vote. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 8 : 13 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of November 18, 2014 . 3. Consideration of legal advertising agreement with the Arizona Republic for the one-year period commencing January 1, 2015 through December 31, 2015 . 4 . Consideration of Fiscal Year 2014-15 health and human services funding agreements. ACCEPTED THIS 16TH DAY OF DECEMBER, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 16TH DAY OF DECEMBER, 2014 . el 'JQ'HN S . INSALACO •Mayor REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2, 2014 PAGE 19 OF 20 ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 2nd day of December, 2014 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 9th day of December, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 2 , 2014 PAGE 20 OF 20 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 3. Piz File ID: 14-598 Sponsor: Kathy Connelly Agenda Date: 12/16/2014 Index: In Control: City Council Meeting Consideration and action on Resolution No. 14-46, authorizing the city to enter into an Intergovernmental Agreement with the Arizona Department of Revenue modifying its auditing authority. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 DECEMBER 9, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK SUBJECT: AGENDA ITEM FOR DECEMBER 15, 2014 WORK SESSION AND DECEMBER 16, 2014 REGULAR MEETING — LICENSING AGREEMENT AND AUDIT MODIFICATION INTERGOVERNMENTAL AGREEMENT As part of the ongoing efforts to comply with HB2111 (tax simplification)Arizona cities and towns who conduct their own audits and collect transaction privilege tax license fees have been asked to adopt two agreements that provide new and/or continuing local authority in these two areas. Licensing Agreement — HB 2111 provided for a single point of licensing (transaction privilege tax license) by the ADOR for all state, county and municipal taxing jurisdictions as of January 1, 2015. ADOR is not ready to take on this function at this time so it will remain with the city through this agreement. Audit Modification Intergovernmental Agreement— HB 2111 also provided for changes in the audit process with some authority going to ADOR and some remaining with the city or town. In order for us to work on new audits after January 1, 2015, an amendment to the IGA adopted in 2008 is necessary. This amendment will allow us to continue to do new single jurisdiction audits after January 1, 2015. Please note that this is considered an interim IGA that will allow cities and towns limited audit authority while a more comprehensive agreement is crafted. There are several audit-related issues that need to be addressed such as sharing of information, assessment modifications, audit requests and amended audits and tax returns. Please let me know if you have any questions. RESOLUTION NO. 14-46 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF REVENUE MODIFYING ITS AUDITING AUTHORITY. WHEREAS, in 1979, the City of Apache Junction ("City") and the Arizona Department of Revenue ("DOR") entered into an intergovernmental agreement ("IGA") allowing City to collect transaction privilege taxes; and WHEREAS, in 1988, the City passed two resolutions (Resolution Nos . 88-10 and 88-28) which established the City' s authority for audits, storage and destruction of confidential tax information; and WHEREAS, in 2013, the Fifty-First Arizona Legislature adopted House Bill 2111, which proposed an "integrated, coordinated and uniform system of tax administration and revenue collection" for the state including a coordinated method of collecting state and municipal transaction privilege and affiliated excise taxes by January 1, 2015; and WHEREAS, the legislature also provided for a single point of licensing by DOR for all state, county and municipal taxing jurisdictions; and WHEREAS, despite the directive in the new law, at this time, DOR is not able to facilitate the auditing responsibilities for cities and towns; and WHEREAS, DOR and City are still negotiating a comprehensive IGA in accordance with the modified statutory provisions and desire to enter into this modification to the IGA in order to provide an interim method for disclosure of information and audits until the comprehensive agreement is completed and executed; and WHEREAS, consequently, because of the administrative delay, DOR and the City desire City to retain the ability to conduct tax audits and disclose tax information for those persons and entities who engage in taxable activities in the City at least through January 1, 2016; and RESOLUTION NO. 14-46 PAGE 1 OF 2 WHEREAS, the Parties are authorized to enter into the attached IGA pursuant to A.R. S . § 11-952 . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : The Council hereby approves, and the Mayor is authorized to execute, what has been labeled as "Modification to Intergovernmental Agreement Between the State of Arizona and the City of Apache Junction for Transaction Privilege Tax Audits", a copy of which is set forth in "Attachment A" . 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. 14-46 PAGE 2 of 2 ATTACHMENT A MODIFICATION TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION FOR TRANSACTION PRIVILEGE TAX AUDITS RECITALS A. The Arizona Department of Revenue, ("DOR") and City of Apache Junction ("City") entered into successive intergovernmental agreements ("IGA"s), the latest being in 2008, regarding the administration of taxes imposed by the State or City. B. The Arizona Legislature has enacted legislation amending the provisions of A.R.S. § 42-6001 etseq. that take effect January 1, 2015. C. DOR and City are negotiating a comprehensive IGA in accordance with the modified statutory provisions and enter into this modification to the IGA in order to provide an interim method for disclosure of information and audits until the comprehensive agreement is completed and executed. AGREEMENT The Parties agree to modify the IGA as follows effective January 1, 2015: 1. Additional Disclosure of Information by Department of Revenue to City. In addition to the information set forth in the IGA, and subject to the same constraints outlined in the IGA, DOR shall provide to the City information relating to transaction privilege tax, use tax, severance tax, jet fuel excise and use tax and any other tax colleced by DOR on behalf of any jurisdication if the information relates to a taxpayer who is or may be taxable by a county, city or town or who may be subject to audit by DOR pursuant to A.R.S. § 42- 6002. 2. Audits. DOR shall administer the audit functions for the City's taxpayers in accordance with the following provisions. 2.1 Standards: All audits shall be conducted in accordance with standard audit procedures defined in the DOR audit manual. 2.2 Training: All auditors shall be trained in accordance with the policies of DOR. 2.3 Conflict of Interest: An auditor that is trained and authorized to conduct an audit may not represent any taxpayer in any tax matter. 2.4 Single City Audits: City may conduct an audit of a taxpayer that is engaged in business only in City. Before commencing such audit, City shall notify DOR. 2.5 Other Audits: DOR shall conduct all audits of taxpayers that have locations in two or more cities or towns unless DOR expressly authorizes City to conduct such an audit. 2.6 Jurisdictions Included in Audit: All audits shall include all taxing jurisdictions in this State regardless of which jurisdiction conducts the audit. 2.7 Assessments: DOR shall issue all audit assessments on behalf of all taxing jurisdictions in a single notice to the taxpayer. 2.8 Appeals: Appeals of audit assessments shall be directed to DOR and shall be administered pursuant to A.R.S. § 42-1251 etseq. 2.9 Notice: DOR shall notify City before entering into any compromise, closing, settlement or other agreement with a person related to the tax levied and imposed by City. 3. Merger. All other terms of the IGA not in conflict with this modification or the statutory amendments remain in full force and effect until the IGA is terminated. 4. Signature Authority. 31.1 By signing below, the signer certifies that he or she has the authority to enter into this Agreement and has read the foregoing and agrees to accept the provisions herein. 31.2 This IGA may be executed in counterparts. ARIZONA DEPARTMENT OF REVENUE: By: Its: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation: By: John S. Insalaco Its: Mayor ATTEST: By: Kathleen Connelly, City Clerk APPROVAL AS TO FORM Attorney General document no. , which is an agreement between public agencies, has been reviewed pursuant to A.R.S. § 11-952 by the undersigned Assistant Attorney General who has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Arizona Department of Revenue represented by the Attorney General. Assistant Attorney General Date I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Richard J. Stern, City Attorney Date RESOLUTION NO. 14-46 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF REVENUE MODIFYING ITS AUDITING AUTHORITY. WHEREAS, in 1979, the City of Apache Junction ("City") and the Arizona Department of Revenue ("DOR") entered into an intergovernmental agreement ("IGA") allowing City to collect transaction privilege taxes; and WHEREAS, in 1988, the City passed two resolutions (Resolution Nos . 88-10 and 88-28) which established the City' s authority for audits, storage and destruction of confidential tax information; and WHEREAS, in 2013, the Fifty-First Arizona Legislature adopted House Bill 2111, which proposed an "integrated, coordinated and uniform system of tax administration and revenue collection" for the state including a coordinated method of collecting state and municipal transaction privilege and affiliated excise taxes by January 1, 2015; and WHEREAS, the legislature also provided for a single point of licensing by DOR for all state, county and municipal taxing jurisdictions; and WHEREAS, despite the directive in the new law, at this time, DOR is not able to facilitate the auditing responsibilities for cities and towns; and WHEREAS, DOR and City are still negotiating a comprehensive IGA in accordance with the modified statutory provisions and desire to enter into this modification to the IGA in order to provide an interim method for disclosure of information and audits until the comprehensive agreement is completed and executed; and WHEREAS, consequently, because of the administrative delay, DOR and the City desire City to retain the ability to conduct tax audits and disclose tax information for those persons and entities who engage in taxable activities in the City at least through January 1, 2016; and RESOLUTION NO. 14-46 PAGE 1 OF 2 WHEREAS, the Parties are authorized to enter into the attached IGA pursuant to A.R. S. § 11-952 . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: The Council hereby approves, and the Mayor is authorized to execute, what has been labeled as "Modification to Intergovernmental Agreement Between the State of Arizona and the City of Apache Junction for Transaction Privilege Tax Audits", a copy of which is set forth in "Attachment A" . 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 i , , 2014 . N N S A L A C 0 ayor ATTEST: y KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-46 PAGE 2 of 2 ATTACHMENT MODIFICATION TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION FOR TRANSACTION PRIVILEGE TAX AUDITS RECITALS A. The Arizona Department of Revenue, ("DOR") and City of Apache Junction ("City") entered into successive intergovernmental agreements ("IGA"s), the latest being in 2008, regarding the administration of taxes imposed by the State or City. B. The Arizona Legislature has enacted legislation amending the provisions of A.R.S. § 42-6001 etseq. that take effect January 1, 2015. C. DOR and City are negotiating a comprehensive IGA in accordance with the modified statutory provisions and enter into this modification to the IGA in order to provide an interim method for disclosure of information and audits until the comprehensive agreement is completed and executed. AGREEMENT The Parties agree to modify the IGA as follows effective January 1, 2015: 1 . Additional Disclosure of Information by Department of Revenue to City. In addition to the information set forth in the IGA, and subject to the same constraints outlined in the IGA, DOR shall provide to the City information relating to transaction privilege tax, use tax, severance tax, jet fuel excise and use tax and any other tax colleced by DOR on behalf of any jurisdication if the information relates to a taxpayer who is or may be taxable by a county, city or town or who may be subject to audit by DOR pursuant to A.R.S. § 42- 6002. 2. Audits. DOR shall administer the audit functions for the City's taxpayers in accordance with the following provisions. 2.1 Standards: All audits shall be conducted in accordance with standard audit procedures defined in the DOR audit manual. 2.2 Training: All auditors shall be trained in accordance with the policies of DOR. 2.3 Conflict of Interest: An auditor that is trained and authorized to conduct an audit may not represent any taxpayer in any tax matter. 2.4 Single City Audits: City may conduct an audit of a taxpayer that is engaged in business only in City. Before commencing such audit, City shall notify DOR. 2.5 Other Audits: DOR shall conduct all audits of taxpayers that have locations in two or more cities or towns unless DOR expressly authorizes City to conduct such an audit. 2.6 Jurisdictions Included in Audit: All audits shall include all taxing jurisdictions in this State regardless of which jurisdiction conducts the audit. 2.7 Assessments: DOR shall issue all audit assessments on behalf of all taxing jurisdictions in a single notice to the taxpayer. 2.8 Appeals: Appeals of audit assessments shall be directed to DOR and shall be administered pursuant to A.R.S. § 42-1251 etseq. 2.9 Notice: DOR shall notify City before entering into any compromise, closing, settlement or other agreement with a person related to the tax levied and imposed by City. 3. Merger. All other terms of the IGA not in conflict with this modification or the statutory amendments remain in full force and effect until the IGA is terminated. 4. Signature Authority. 31.1 By signing below, the signer certifies that he or she has the authority to enter into this Agreement and has read the foregoing and agrees to accept the provisions herein. 31.2 This IGA may be executed in counterparts. ARIZONA DEPARTMENT OF REVENUE: By: Its: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation: By: John S. Insalaco Its: Mayor 2 ATTEST: By: Kathleen Connelly, City Clerk 3 APPROVAL AS TO FORM Attorney General document no. , which is an agreement between public agencies, has been reviewed pursuant to A.R.S. § 11-952 by the undersigned Assistant Attorney General who has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Arizona Department of Revenue represented by the Attorney General. Assistant Attorney General Date I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Richard J. Stern, City Attorney Date 4 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.4. Piz File ID: 14-599 Sponsor: Kathy Connelly Agenda Date: 12/16/2014 Index: In Control: City Council Meeting Consideration and action on Resolution No. 14-45, allowing the city to continue to collect transaction privilege tax licensing fees. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 DECEMBER 9, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK SUBJECT: AGENDA ITEM FOR DECEMBER 15, 2014 WORK SESSION AND DECEMBER 16, 2014 REGULAR MEETING — LICENSING AGREEMENT AND AUDIT MODIFICATION INTERGOVERNMENTAL AGREEMENT As part of the ongoing efforts to comply with HB2111 (tax simplification)Arizona cities and towns who conduct their own audits and collect transaction privilege tax license fees have been asked to adopt two agreements that provide new and/or continuing local authority in these two areas. Licensing Agreement — HB 2111 provided for a single point of licensing (transaction privilege tax license) by the ADOR for all state, county and municipal taxing jurisdictions as of January 1, 2015. ADOR is not ready to take on this function at this time so it will remain with the city through this agreement. Audit Modification Intergovernmental Agreement— HB 2111 also provided for changes in the audit process with some authority going to ADOR and some remaining with the city or town. In order for us to work on new audits after January 1, 2015, an amendment to the IGA adopted in 2008 is necessary. This amendment will allow us to continue to do new single jurisdiction audits after January 1, 2015. Please note that this is considered an interim IGA that will allow cities and towns limited audit authority while a more comprehensive agreement is crafted. There are several audit-related issues that need to be addressed such as sharing of information, assessment modifications, audit requests and amended audits and tax returns. Please let me know if you have any questions. RESOLUTION NO. 14-45 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF REVENUE ALLOWING THE CITY TO CONTINUE MUNICIPAL TRANSACTION PRIVILEGE TAX LICENSING SERVICES . WHEREAS, starting in 1979, the City of Apache Junction ("City") exercised its authority to collect transaction privilege taxes from individuals and private entities whose business activities were subject to A.R. S . Title 42 taxation; and WHEREAS, in 2013, the Fifty-First Arizona Legislature adopted House Bill 2111, which proposed an "integrated, coordinated and uniform system of tax administration and revenue collection" for the state including a coordinated method of collecting state and municipal transaction privilege and affiliated excise taxes by January 1, 2015; and WHEREAS, the legislature also provided for a single point of licensing by the Arizona Department of Revenue ("DOR") for all state, county and municipal taxing jurisdictions; and WHEREAS, despite the directive in the new law, at this time, DOR is not able to begin issuing annual municipal privilege tax licenses and tax license renewals to persons who engage in taxable business activities in the City; and WHEREAS, because of the administrative delay, DOR and City desire City to retain the ability to process transaction privilege license applications and issue municipal transaction privilege licenses for those persons who engage in taxable activities within the City at least until January 1, 2016; and WHEREAS, the Parties are authorized to enter the attached intergovernmental agreement pursuant to A.R. S . § 11-952 . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : The Council hereby approves, and the Mayor is authorized to execute, what has been labeled as "Intergovernmental Agreement Between the Arizona Department of Revenue and the City of Apache Junction for Continuation of Municipal RESOLUTION NO. 14-45 PAGE 1 OF 2 Transaction Privilege Tax License Services", a copy of which is set forth in "Attachment A" . 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. 14-45 PAGE 2 of 2 ATTACHMENT A INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF REVENUE AND THE CITY OF APACHE JUNCTION FOR CONTINUATION OF MUNICIPAL TRANSACTION PRIVILEGE TAX LICENSING SERVICES Pursuant to A.R.S. § 42-1004, this Agreement is developed and entered into by and between the Arizona Department of Revenue ("DOR") and the City of Apache Junction ("City"), both collectively referred to as the "Parties". RECITALS A. Due to changes in State law in Title 42, as of January 1, 2015, DOR will be responsible for issuing annual municipal privilege tax licenses and tax license renewals to persons who engage in a taxable business activity within City. B. DOR is notable to begin licensing such persons at this time. C. City has the ability to process applications and issue municipal privilege tax licenses to persons who engage in a taxable business activity in City. AGREEMENT THEREFORE the Parties agree City shall perform municipal licensing services on behalf of DOR as follows: A. SCOPE OF SERVICES 1. For persons who engage in a business activity in City that require a municipal privilege tax license, City will process the municipal privilege tax license application, issue the municipal privilege tax license, and renew such license for calendar year 2015. 2. Upon application for a municipal privilege tax license, City may charge persons who will be engaged in a taxable business activity in City a fee as specified in A.R.S. § 42-5005(B), effective January 1, 2015. For persons who apply for a license renewal, City may charge a municipal privilege tax license renewal fee as specified in A.R.S. § 42-5005(D), effective January 1, 2015. All fees collected pursuant to this section shall be in accordance with A.R.S. § 42-1001 et seq. 3. City shall provide DOR with licensing information for all persons who obtain a new municipal privilege tax license and/or renew their municipal privilege tax license under the terms of this Agreement. 4. To the extent required by City to perform licensing services under this Agreement, DOR shall provide City with licensing information. Any information provided by DOR shall be treated as confidential pursuant to A.R.S. § 42-2001. 5. Nothing in this Agreement shall be interpreted to limit or preclude the City's ability to do what is otherwise authorized by law. B. FINANCING City shall be responsible for, and shall not charge DOR a fee for, the expenses incurred for the services City provides to DOR under this Agreement. All fees collected by City under the terms of this Agreement are the property of the City and shall be retained by City. C. DURATION This Agreement is entered into and is effective on the date it is executed by both Parties and shall expire December 31, 2015 unless terminated earlier by the mutual written agreement of the Parties. D. GENERAL TERMS AND CONDITIONS 1. This Agreement is subject to cancellation under A.R.S. § 38-511, cancellation of State contracts. 2. Pursuant to A.R.S. §§ 35-214, 35-215 and 41-2548, the Parties must keep all books, accounts, reports, files and other records relating to this Agreement for a period of five (5) years after the completion of this Agreement. All records shall be subject to inspection and audit by the State at all reasonable times. 3. To the extent required by A.R.S. §§ 12-1518(B) and 12-133, the Parties agree to resolve any dispute arising out of this Agreement by arbitration. 4. The Parties agree to comply with Arizona Executive Order No. 2009-09 and any other Federal or State laws relating to equal opportunity and non- discrimination, including the Americans with Disabilities Act. 5. This Agreement may be amended or modified by written agreement approved and executed by DOR and City. 6. Nothing in this Agreement shall be construed as limiting or expanding the statutory responsibilities of Parties or as requiring the Parties to expend any sum in excess of its appropriations. E. NOTICES All notices regarding this Agreement shall be sent to the following addresses: DOR: Arizona Department of Revenue Audit Division/Cities Unit 1600 W. Monroe Phoenix, AZ 85007 City: City of Apache Junction City Clerk's Office 300 E. Superstition Blvd. Apache Junction, AZ 85119 By signing below, the signer certifies that he or she has the authority to enter into this Agreement and has read the foregoing and agrees to accept the provisions herein. ARIZONA DEPARTMENT OF REVENUE: By: Printed Name: Title: Date: CITY OF APACHE JUNCTION, an Arizona municipal corporation: By: John S. Insalaco, Mayor Date: ATTEST: By: Kathleen Connelly, City Clerk COUNSEL APPROVAL AS TO FORM: I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. , Assistant Attorney General Date I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Richard J. Stern, City Attorney Date RESOLUTION NO. 14-45 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF REVENUE ALLOWING THE CITY TO CONTINUE MUNICIPAL TRANSACTION PRIVILEGE TAX LICENSING SERVICES. WHEREAS, starting in 1979, the City of Apache Junction ("City") exercised its authority to collect transaction privilege taxes from individuals and private entities whose business activities were subject to A.R. S. Title 42 taxation; and WHEREAS, in 2013, the Fifty-First Arizona Legislature adopted House Bill 2111, which proposed an "integrated, coordinated and uniform system of tax administration and revenue collection" for the state including a coordinated method of collecting state and municipal transaction privilege and affiliated excise taxes by January 1, 2015; and WHEREAS, the legislature also provided for a single point of licensing by the Arizona Department of Revenue ("DOR") for all state, county and municipal taxing jurisdictions; and WHEREAS, despite the directive in the new law, at this time, DOR is not able to begin issuing annual municipal privilege tax licenses and tax license renewals to persons who engage in taxable business activities in the City; and WHEREAS, because of the administrative delay, DOR and City desire City to retain the ability to process transaction privilege license applications and issue municipal transaction privilege licenses for those persons who engage in taxable activities within the City at least until January 1, 2016; and WHEREAS, the Parties are authorized to enter the attached intergovernmental agreement pursuant to A. R. S. § 11-952 . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: The Council hereby approves, and the Mayor is authorized to execute, what has been labeled as "Intergovernmental Agreement Between the Arizona Department of Revenue and the City of Apache Junction for Continuation of Municipal RESOLUTION NO. 14-45 PAGE 1 OF 2 Transaction Privilege Tax License Services", a copy of which is set forth in "Attachment A". PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS s DAY OFI 2014 . SIGNED AND ATTESTED TO THIS DAY OF 2014 . JOH S. INSALACO �� or ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-45 PAGE 2 of 2 ATTACHMENT INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF REVENUE AND THE CITY OF APACHE JUNCTION FOR CONTINUATION OF MUNICIPAL TRANSACTION PRIVILEGE TAX LICENSING SERVICES Pursuant to A.R.S. § 42-1004, this Agreement is developed and entered into by and between the Arizona Department of Revenue ("DOR") and the City of Apache Junction ("City"), both collectively referred to as the "Parties". RECITALS A. Due to changes in State law in Title 42, as of January 1, 2015, DOR will be responsible for issuing annual municipal privilege tax licenses and tax license renewals to persons who engage in a taxable business activity within City. B. DOR is notable to begin licensing such persons at this time. C. City has the ability to process applications and issue municipal privilege tax licenses to persons who engage in a taxable business activity in City. AGREEMENT THEREFORE the Parties agree City shall perform municipal licensing services on behalf of DOR as follows: A. SCOPE OF SERVICES 1. For persons who engage in a business activity in City that require a municipal privilege tax license, City will process the municipal privilege tax license application, issue the municipal privilege tax license, and renew such license for calendar year 2015. 2. Upon application for a municipal privilege tax license, City may charge persons who will be engaged in a taxable business activity in City a fee as specified in A.R.S. § 42-5005(B), effective January 1, 2015. For persons who apply for a license renewal, City may charge a municipal privilege tax license renewal fee as specified in A.R.S. § 42-5005(D), effective January 1, 2015. All fees collected pursuant to this section shall be in accordance with A.R.S. § 42-1001 et seq. 3. City shall provide DOR with licensing information for all persons who obtain a new municipal privilege tax license and/or renew their municipal privilege tax license under the terms of this Agreement. 4. To the extent required by City to perform licensing services under this Agreement, DOR shall provide City with licensing information. Any information provided by DOR shall be treated as confidential pursuant to A.R.S. § 42-2001 . 1 5. Nothing in this Agreement shall be interpreted to limit or preclude the City's ability to do what is otherwise authorized by law. B. FINANCING City shall be responsible for, and shall not charge DOR a fee for, the expenses incurred for the services City provides to DOR under this Agreement. All fees collected by City under the terms of this Agreement are the property of the City and shall be retained by City. C. DURATION This Agreement is entered into and is effective on the date it is executed by both Parties and shall expire December 31, 2015 unless terminated earlier by the mutual written agreement of the Parties. D. GENERAL TERMS AND CONDITIONS 1. This Agreement is subject to cancellation under A.R.S. § 38-511, cancellation of State contracts. 2. Pursuant to A.R.S. §§ 35-214, 35-215 and 41-2548, the Parties must keep all books, accounts, reports, files and other records relating to this Agreement for a period of five (5) years after the completion of this Agreement. All records shall be subject to inspection and audit by the State at all reasonable times. 3. To the extent required by A.R.S. §§ 12-1518(B) and 12-133, the Parties agree to resolve any dispute arising out of this Agreement by arbitration. 4. The Parties agree to comply with Arizona Executive Order No. 2009-09 and any other Federal or State laws relating to equal opportunity and non- discrimination, including the Americans with Disabilities Act. 5. This Agreement may be amended or modified by written agreement approved and executed by DOR and City. 6. Nothing in this Agreement shall be construed as limiting or expanding the statutory responsibilities of Parties or as requiring the Parties to expend any sum in excess of its appropriations. E. NOTICES All notices regarding this Agreement shall be sent to the following addresses: DOR: Arizona Department of Revenue Audit Division/Cities Unit 1600 W. Monroe Phoenix, AZ 85007 2 Cam: City of Apache Junction City Clerk's Office 300 E. Superstition Blvd. Apache Junction, AZ 85119 By signing below, the signer certifies that he or she has the authority to enter into this Agreement and has read the foregoing and agrees to accept the provisions herein. ARIZONA DEPARTMENT OF REVENUE: By: Printed Name: Title: Date: CITY OF APACHE JUNCTION, an Arizona municipal corporation: By: John S. Insalaco, Mayor Date: ATTEST: By: Kathleen Connelly, City Clerk 3 COUNSEL APPROVAL AS TO FORM: I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. , Assistant Attorney General Date I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Richard J. Stern, City Attorney Date 4 City of Apache Junction, Arizona 300 E Superstition Boulevard U z Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 5. Piz File ID: 14-581 Sponsor: Roger Hacker Agenda Date: 12/16/2014 Index: In Control: City Council Meeting Presentation of a check to Mayor John S. Insalaco and Chief of Police Thomas E. Kelly by a representative of The Benevolent and Protective Order of Elks, Lodge Number 2349 for the purchase of uniforms for the Apache Junction Police Department's Honor Guard. Presentation. Currently, the Apache Junction Police Department does not have an active Honor Guard due to not having the ceremonial dress uniforms associated with that unit. The Honor Guard plays a significant role in the community as it is utilized for various ceremonies throughout the year such as fallen officer functions, annual police memorials, award ceremonies, Armed Service functions as requested and other civic events. Chief of Police Kelly has made it a priority to reinstitute and professionalize this unit for Apache Junction. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.6. Piz File ID: 14-606 Sponsor: Bryant Powell Agenda Date: 1/20/2015 Index: In Control: City Council Meeting City manager's report. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 7. Piz File ID: 14-567 Sponsor: Bryant Powell Agenda Date: 12/16/2014 Index: In Control: City Council Meeting Presentation by and discussion with Lisa Rigler of Operation Welcome Home on the Arizona Wall Project. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.8. Piz File ID: 14-603 Sponsor: Bryant Powell Agenda Date: 12/16/2014 Index: In Control: City Council Meeting Presentation by and discussion with Chris Coyle, General Manager of Republic Services, regarding the closure date of landfill. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.9. Piz File ID: 14-585 Sponsor: Kathy Connelly Agenda Date: 12/16/2014 Index: In Control: City Council Meeting Application for a special event liquor license for the Usual Suspects Law Enforcement Motorcycle Club Arizona Chapter to be held January 10, 2015 at Hitching Post, 2341 North Apache Trail. The event will consist of various entertainers performing a concert. The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 DECEMBER 3, 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 DECEMBER 16, 2014: APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR USUAL SUSPECTS LAW ENFORCEMENT MOTORYCYCLE CLUB ARIZONA CHAPTER An application for a Special Event Liquor License has been submitted by Mr. Josh Springer of the Usual Suspects Law Enforcement Motorcycle Club Arizona Chapter for an event consisting of various entertainers performing a concert to be held on January 10, 2015, at the Hitching Post, 2341 North Apache Trail, Apache Junction. Correspondence has been received from the building division, planning division, police department and fire district, a copy of which is attached. Please note the comments made by the planning division. 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. FOR DLLC USE ONLY Arizona Department of Liquor Licenses and Control Event date(s): 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquor.gov Event time start/end: (502) 542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) A service fee of$25.00 will be charged for all dishonored checks (A.R.S. §44-6852) IMPORTANT INFORMATION:This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SECTIONS Name of Organization: Usual Suspects L.E.M.C. Arizona Chapter SECTION 2 Non-Profit/IRS Tax Exempt Number: 20-3146205 SECTION 3 The organization is a: (check one box only) ®Charitable (501.C) ❑Fraternal (must have regular membership and have been in existence for over five (5)years) ❑Religious ❑Civic (Rotary, College Scholarship) ❑Political Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises? ®Yes ❑No The Hitching Post 06110064 602 214-5635 Name of Business License Number Phone(include Area Code) SECTIONS How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19-318 for explanation (look in special event planning guide) and check one of the following boxes. ❑Place license in non-use ®Dispense and serve all spirituous liquors under retailer's license ❑Dispense and serve all spirituous liquors under special event ❑Split premise between special event and retail location (If not using retail license, submit a letter of agreement from the agent/owner of the licensed premise to suspend the license during the event. if the special event is only using a portion of premise, agent/owner will need to suspend that portion of the premise.) SECTION 6 What is the purpose of this event? ®On-site consumption ❑Off-site (auction) ❑Both SECTION ION 7 Location of the Event: The Hitching Post Pizza Pub Address of Location: 2341 N Apache Trail Apache Junction Pinar County AZ 85119 Street city County/State Zip SECTION 8 Will this be stacked with a wine festival/craft distiller festival? OYes 91 No SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Section 1. (Authorizing signature is required in Section 13.) 1.Applicant: Springer Josh Gordon 28 September 1966 Last First Middle Date of Birth 2. Applicant's mailing address: 578 s Starr Rd Apache Junction AZ 85119 Street City State Zip 3. Applicant's home/cell phone: 4l n 236-7050 Applicant's business phone: (4 ) 236-7050 4,Applicant's email address: usualsuspectsme.flop@gmail.com 10/17/14 Page 1 of 4 Individuals requiring ADA accommodations call(602)542-9027. SECTION 10 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five(5)years? ❑Yes NNo (If yes,attach explanation.) 2. How many special event licenses have been issued to this location this year? 1 (The number cannot exceed 12 events per year;exceptions under A.R.S.§4-203.02(D).) 3. Is the organization using the services of a promoter or other person to manage the event? ❑Yes ®No (If yes,attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name The Usual Suspects LEMC Arizona Percentage in Address PO Box 31742 Mesa AZ 85275 Street City state Zip Name l�l�E �t 1�Cit� 7 i IZ.243� A ' i Percentage '15) Address %A I ?ACw— T4iAiL- Aa° t -k A- i l(I Street City state Zip 5. Please read A.R.S. §4-203.02 Special event license:rules and R19-1-205 Requirements for a Special Event License, Note:ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE/CRAFT DISTILLERY FESTIVAL LICENSE" 6.What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers,if applicable.) Number of Police i(3 Number of Security Personnel Wencing ❑Barriers A Explanation:CIAL � ���'Z i jfl,0 iS C`C'�1 P4'5 � A2-1616 21lh� C-F ,4crmi. SECTION 11 Date(s) and Hours of Event. May not exceed 10 consecutive days. See A.R.S. §4-244(15) and (17) for legal hours of service. Date Day of Week Event Start License End Time AM/PM Time AM/PM DAY 1: 1-10-2015 Saturday 10 am 9 pm DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: 10/17/14 Page 2 of 4 Individuals requiring ADA accommodations call(602)542-9027. SECTION 13 This section is to be completed only by an Officer, Director or Chairperson of the organization named in Section 1, I, O4 Qe�nr/� Jr rr\+-,��: = declare that I am an OFFICER, DIRECTOR, or CHAIRPERSON (Print full name) appointing the applicant listed in Section 9,to apply on behalf of the foregoing organization for a Special Event Liquor Lic se. _ x (Signature Tide/Position Date Phone# The f egoing instrument was acknowledged before me this 21-k i \, N" c c " -'"""'"=a t l Day State c., County of �� r�� ` My Commission Expires on; Date Sign re of Notary Public SECTION 14 This section is to be completed only by the applicant named in Section 9. Josh Gordon Springer declare that I am the APPLICANT filing this application as (Print full name) listed in Section 9. 1 have read the application and the contents and all statements are true, correct and complete x Board Member ( ���4-t, 480-236-7050 (Slgnatu ) Title/Position Date Phone# The f regoing instrument was acknowledged before me this ��F�, n% �'v �• r Z _ _ Days, onth !<.Filt7STATE OF ARIZONA State r:' \a- County of ?inal County r My t:cmni!s::>r�n�xr}!res i;1/31!�5 My Commission Expires on: Date T—rC15nature o Notary Public �`?� � The local governing body may require additional applications to be completed and submitted. Please check with local government as to how far in advance they require these applications to be submitted. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction: 1-ittp://www.aziiquor.Qov/assets!documerits/1-iomei2agc does/spec event link pdf. SECTION 15 Local Governing Body Approval Section 1, recommend ❑APPROVAL ❑ DISAPPROVAL (government official) (Tide) on behalf of I I , (City,Town,County) Signature Date Phone FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY ❑APPROVAL ❑ DISAPPROVAL BY: DATE: 10/17/14 Page 4 of 4 Individuals requiring ADA accommodations call(602)542-9027. Par king Gate Ovi--r flov., Parking TernporarV Fence Barricade z Dash- n M- 6i Mart i- M 0 Parking N Ra -lost Pizza Even", Entrance Giate. Imchir-, Perrvininant Property stage Fenwfine _z;f ny SECTION 12 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. NT 10/17/14 Page 3 of 4 Individuals requiring ADA accommodations call(602)542-9027. PQ pcHE J iy U Home of the Superstition Mountains '4RIzoNP November 24, 2014 Usual Suspects L.E.M.C. Arizona Chapter Attn: Josh Gordon Springer 538 S. Starr Apache Junction, AZ 85119 Dear Mr. Springer: Please be advised that your application for a Special Event Liquor License for the Usual Suspects L.E.M.C. Arizona Chapter for January 10, 2015 at 2341 North Apache Trail has been scheduled for a public hearing. The Apache Junction City Council will hold a public hearing on December 16, 2014, at 7:00 p.m. in the City Council Chambers, 300 E. Superstition Blvd., Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control. Your attendance is requested should council have any questions on this application. If you have any questions concerning this matter, please contact my office at (480) 982-8002. Sincerely, i Kathleen Connelly �->- City Clerk •Voice (480) 982-8002 •FAX(480) 982-7018 • TDD(480)983-0095 •www.ajcity.net 300 E. Superstition Boulevard, Apache Junction,AZ 85119 NOVEMBER 24, 2014 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT BUILDING DIVISION THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR USUAL SUSPECTS L.E.M.C. ARIZONA CHAPTER Mr. Josh Gordon Springer has submitted an application for a Special Event Liquor License for January 10, 2015 at 2341 North Apache Trail, Apache Junction. Please conduct the necessary inspections and submit your recommendation be email by Tuesday, December 2, in order for this item to be placed on the agenda for the City Council meeting of December 16, 2014. Janet Mason From: Dennis Dixon Sent: Tuesday, December 02, 2014 2:39 PM To: Janet Mason Subject: RE: special event liquor license - Usual Suspects No objection From: Janet Mason Sent: Tuesday, December 02, 2014 2:36 PM To: Dennis Dixon; Rudy Esquivias; John Suniga Oohn.suniga@sfmd.az.gov) Cc: Kathy Connelly Subject: special event liquor license - Usual Suspects I have still not received your department recommendation for the above liquor license request. The deadline is today. Please have your response to me today if at all possible. Thanks. 1 Superstition Fire & Medical District 565 North Idaho Road, Apache Junction, AZ 85119 Phone (480) 982-4440, Fax(480) 982-0183 www.ajfire.org MEMORANDUM TO: Jan Mason, Deputy City Clerk City of Apache Junction 300 E. Idaho Road Apache Jct.,AZ. 85119 FROM: John Suniga,Deputy Fire Marshal - DATE: December 3, 2014 SUBJECT: Application for Special Event Liquor License for 2341 N.Apache Trail The Superstition Fire/Medical District has reviewed the application as noted above regarding the facilities at 2341 N. Apache Trail for an event to be held on January 10, 2015. 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 (480) 982- 1299. Thank You. ATTN: Application Janet Mason From: Jeff Robinson Sent: Wednesday, November 26, 2014 2:17 PM To: Janet Mason Subject: RE: Special Event Liquor License for Usual Suspects L.E.M.C. Arizona Chapter The Police Department has no objects to the special event liquor license for the Usual Suspects for January 10, 2014 at the Hitching Post. They will have adequate security for the event and will request the assistance of at least two off duty police officers for traffic control at the conclusion. From: Janet Mason Sent: Monday, November 24, 2014 4:49 PM To: Dennis Dixon; Rudy Esquivias; Jeff Robinson; John Suniga Uohn.suniga@sfmd.az.gov) Subject: Special Event Liquor License for Usual Suspects L.E.M.C. Arizona Chapter I have received a special event liquor license for the Usual Suspects L.E.M.C. Arizona Chapter to be held on January 10, 2015 at the Hitching Post Pizza Pub. Please send your department recommendations to me no later than December 2, 2014 in order to place this on the December 16 agenda. Thanks. 1 Janet Mason From: Rudy Esquivias Sent: Tuesday, December 02, 2014 6:27 PM To: Janet Mason; Constance Halonen; Dennis Dixon;Jeff Robinson; John Suniga Qohn.suniga@sfmd.az.gov) Cc: Larry Kirch; Dennis Dixon; Kathy Connelly Subject: RE: Special Event Liquor License for Usual Suspects L.E.M.C.Arizona Chapter - Planning Division Comments Jan and Constance: The Planning Division does not generally object to this one-time event on the B-1 (General Commercial)-zoned property at the southeast corner area of E. Lost Dutchman and N. Apache Trail (just east of the Dash In and Hitching Post businesses), but we do have the following observations/concerns for the Council's consideration: 1) The event will be held on a lot adjacent to the Hitching Post, not on the Hitching Post property as the application suggests. Although there is common ownership in both parcels, the owners have not combined the parcels and the Hitching Post has not permanently extended its premises. 2) Parking for the event will include the existing parking area just south of, and normally used by, the Hitching Post and Dash In; as well as an additional fenced-off area on part of the former boat storage business property (where the concert will also be held). The site plan provided, however, does not show how 300 parking spaces (as the application suggests) for a peak attendance of 500 people will be accommodated. For future events, we would like to see a professionally drawn, scaled site plan, showing stage, parking layout, porta-john locations and vendor areas. 3) The stage and amplified music will be pointed in a northerly direction, towards the undeveloped State and BLM lands. 4) Concert event lighting should be directed away from traffic and residential properties, and should be shut off by lopm. 5) Applicants must provide for adequate security, sufficient porta-johns, and pre-event watering down of activity areas. 6) Event day signage must not be placed in the right-of-way or obstruct vehicle or pedestrian traffic, and must be taken down immediately following the event. 7) Applicants are to address any other safety, circulation and traffic issues with Public Safety and Public Works staffs. Lastly, Planning Staff have met with the property owners and have suggested the filing of a Conditional Use Permit (CUP) application to comprehensively address these issues and other issues associated with creating a permanent, outdoor entertainment venue on the property. Other development requirements would also be addressed as part of a CUP application review. cAgdw finulvictb Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net SERVICE OVER AND ABOVE THE REST 1 Janet Mason From: Kathy Connelly Sent: Thursday, December 04, 2014 10:39 PM To: Janet Mason Cc: Constance Halonen; Bryant Powell Subject: Fwd: Event - T.G. Sheppard please add this email to the packet along with the one from Rudy that I already sent to you. The map should be included. Work with Constance to get colored copies since it shows more detail. kc Sent from my iPad Begin forwarded message: From: "Bryant Powell" <bpowelI2A1Ci1y.Net> To: "Constance Halonen" <chalonen(c-r�,AJCity.Net> Cc: "Kathy Connelly" <kconnellygaici�, "Rudy Esquivias" <resquivias@aicity.net>, "Larry Kirch" <lkirch&AJCity.Net>, "Joel Stern" <istern2aicity.net>, "Matt Busby" <mbusby_kAJC ity.Net> Subject: Fwd: Event - T.G. Sheppard Constance, It is my understanding that all of the below will be in the Council packet. Can we make sure that the updated site plan will also be included? Bryant Begin forwarded message: From: "Constance Halonen" <chalonengAJC ity.Net<mai Ito:chalonengAJCity.Net>> To: "'Josh Springer"' <usualsuspectsmc.flopgjzmail.com<mailto:usualsuspectsmc.flopggmail.com>>, "TMLovelady@msn.com<mailto:TMLovelady2msn.com>" <TMLovelady(a�msn.com<mailto:TMLovelady@msn.com» Cc: "Denise Moulson" <dmoulsonkAJCity.Net<mailto:dmoulson(cr�,AJCity.Net>>, "Bryant Powell" <bpowell cr,AJCity.Net<mailto:b owell2AJCity.Net» Subject: Event - T.G. Sheppard Good evening, The updated site plan was very helpful. If you plan to host future events, please include a detailed plan with the application. The T.G. Sheppard Concert scheduled for January 10, 2015 has received all necessary approvals with the following conditions: i The number of tickets sold will not exceed 500 The stage, stage lighting and amplified music will be pointed towards the north east (BLM land). The amplified music must be turned off by 9pm and the stage lighting must be turned off by 1 Opm (and not impact traffic or residential properties) - Dirt will be watered down in the event and parking areas prior to the event - Staff/volunteers will be assisting with parking on the property - Event day signage will remain on the Hitching Post property without obstructing vehicle/pedestrian view and will be taken down at the conclusion of the event - The gun fighting will only happen in the designated area(indicated on the attached site plan), using blanks, with proper barriers and not in view from traffic on 88 - Rope off or place some type of barricade across part of the south west parking area to make a clear entrance and exit for the parking area(same as Bellamy Brothers). This will control the cars entering/exiting the parking area - Have traffic exiting the north lot turn right (east) on Lost Dutchman - Hire 1 —2 off duty officers to control traffic after the event ($65 per hour per officer) - Notify surrounding neighbors in advance about the event - T.G. Sheppard must obtain a business license with the city prior to the event if they plan to sell merchandise (more information is available at www.aicity.net/License<http://www.aicity.net/License> or call (480)474-5070) - No vendors, other than the Usual Suspects and T.G. Sheppard will be at the event - 2 lights will be utilized to increase safety(indicated on the attached site plan) - If events of this nature increase in frequency,the city may request in the future additional dust control treatment(s) for the parking lots - This approval only applies to the event and does not provide approval for alcohol to be in the event area(the public hearing for the liquor license is scheduled for the December 16 City Council meeting) - City representative(s) will visit during set-up to ensure compliance with the items outlined above Thank you, Constance Halonen-Wilson, LMSW Public Information & Marketing Communications Specialist City of Apache Junction 300 E. Superstition Blvd. 2 Apache Junction, AZ 85119 Office Number 480.474.5080 Service Over and Above the Rest Follow Us On: [facebook50]<https://www.facebook.com/cit o > [twitter50] <https://twitter.com/AJCityAZ> [youtube50] <http://www.youtube.com/user/cityofAJ> This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. [cid:A6F46011-191 F-45A8-B804-C3DA2397681 F] �4 t r) I ail n V. r m n d) A d { vvIIII --• ' Ira { I 3 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 10. Piz File ID: 14-583 Sponsor: Kevin Koelbel Agenda Date: 12/16/2014 Index: In Control: City Council Meeting Consideration of approval of proposed Ordinance No. 1407, relating to annexation case AN-1-14, a city initiated annexation of a strip of approximately 50 acres of vacant state trust land for Elliot Road right-of-way near the Meridian Drive alignment. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction U Z tt r Development Services Department q N* DATE: December 3, 2014 TO: Honorable Mayor and City Council THROUGH: Bryant Powell, Assistant City Manager Larry Kirch, Dev. Services Director Rudy Esquivias, Senior Planner/Zoning Administrator FROM: Kevin Koelbel, Planning Intern SUBJECT: December 16, 2014 City Council Consent Agenda Item: AN-1-14 (Ordinance 1407) Proposed Annexation of 50+ Acres at the Southeast corner of the S. Meridian Drive and W. Elliot Avenue alignment. Proposal Description This is an annexation proposal for approximately 50 acres of vacant Arizona State Trust land at the southeast corner area of the W. Elliot Avenue: and S. Meridian Drive alignments. The City, back when it was working with Desert Communities and the State Land Department realized a need for the annexation during our collaborative Planning efforts on the Portalis master planned community, primarily for the purpose of lining up the Elliot alignment east of Meridian with the Elliot alignment west of Meridian. The Elliot section lines are off-set because of a survey correction for the curvature of the earth. The Arizona State Land Department owns the property, but on November 12, 2009, the State Lands Selection Board approved the city' s request to annex the property. Although Desert Communities/Rhodes Homes is no longer part of the planning effort, there is still a need to annex the subject site for the future alignment of Elliot Road. The 50-acre subject site is currently in Pinal County. The property is currently zoned General Rural (GR) by Pinal County. Planning& Zoning- Bitild111g& Saf(_,1y Rei,e zie Del,elof>I ent 300 E. Superstition Boulevard • Apache Junction, AZ 851 19 • Ph: (480)474-5083 • Fax(480)982-7010 AN-1-14 (MERIDIAN/ELLIOT AVE ANNEX) Page 2 of 3 Upon successful annexation into the City, the subject site will be assigned the city' s General Rural Low Density Single Family Detached Residential (RS-GR) zoning district, which is very similar to Pinal County' s GR district. Later on, as areas south of Baseline are developed and plans are implemented, the appropriate land use designation and zoning district will be assigned to the property, as this will be an important east-west connection point between Mesa and Apache Junction. Case Background As part of the annexation process required by Arizona Revised Statutes (ARS) , Section 9-471, on October 7, 2014, the City filed a blank (unsigned) annexation petition with the Pinal County Recorder' s office. A requisite public hearing to discuss the annexation and receive public comment, within 30 days of recording the blank petition, was held on November 4, 2014 . The process of distributing and collecting petitions with the signatures of owners of real and personal property within the annexation area began on November 6, 2014, after the end of the 30 day waiting period. State Statutes then give a time frame of one year, after the 30-day waiting period, to collect the necessary number of signatures of consent. At this time the City has not received information from the Arizona Department of Revenue of any owner of real or personal property in the proposed annexation area. That being the case all annexation process requirements having been met at this time, Planning Staff has prepared the attached annexation ordinance (Ordinance No. 1407) to be adopted by the City Council at their December 16, 2014 meeting. Impact Assessment The City will become responsible for services including police protection, zoning and code enforcement, and the maintenance of roadways. The site will eventually also receive service from the Sewer District, Arizona Water Company, AJ Water Company and the Fire District. The property is located in an area which has a General Plan designation of "Master Planned Community (Mixed Use; 4 to 8 Dwelling Units per Acre) ". Planning& Zoning - Bitildnlg& Safely - Revenue Dei,elopi ent 300 E. Superstition Boulevard • Apache Junction, AZ 85119 • Ph: (480)474-5083 • Fax(480)982-7010 AN-1-14 (MERIDIAN/ELLIOT AVE ANNEX) Page 3 of 3 All records pertaining to this annexation are available on file in the Planning Division Office at 300 E. Superstition Boulevard. Please refer to case file AN-1-14 when inquiring about this case. Recommended Motion I move that the Apache Junction City Council (approve/deny) Ordinance No. 1407, a City-initiated annexation of 50+ acres of vacant State Trust Land at the southeast corner of the S. Meridian Drive and W. Elliot Avenue alignments . Attachment: - Draft Ordinance No. 1407 (with Certification of Map, Map Exhibit "A", Zoning Exhibit "B", and State Lands approval certificate) Planning& Zoning- Building& Safely Reveniie Development 300 E. Superstition Boulevard • Apache Junction, AZ 85119 • Ph: (480)474-5083 • Fax(480)982-7010 ORDINANCE NO. 1407 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, IN CASE AN-1-14, PURSUANT TO PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF APACHE JUNCTION; ADOPTING ZONING CLASSIFICATIONS FOR ANNEXED TERRITORY; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, a petition in writing, accompanied by a map or plot of said real property, having been filed and presented to the Mayor and Council of the City of Apache Junction, Arizona, signed by the owners of more than one-half in value of the real and personal property and more than one-half of the persons owning real and personal property as would be subject to taxation by the City of Apache Junction in the event of annexation within the territory and land hereinafter described as shown by the last assessment of said property, which said territory is contiguous to the City of Apache Junction and not now embraced within its limits, asking that the property more particularly hereinafter described be annexed to the City of Apache Junction, and to extend and increase the corporate limits of the City of Apache Junction so as to embrace the same; and WHEREAS, the Mayor and Council of the City of Apache Junction, Arizona, are desirous of complying with said petition and extending and increasing the corporate limits of the City of Apache Junction to include said territory; and WHEREAS, the petition sets forth a true and correct description of all the exterior boundaries of the entire area proposed to be annexed to the City of Apache Junction, and had attached thereto at all times an accurate map of the territory proposed to be annexed; and WHEREAS, no alterations increasing or reducing the territory proposed to be annexed have been made after the petition was signed by any owner of real and personal property in said territory; and ORDINANCE NO. 1407 PAGE 1 OF 4 WHEREAS, the provisions of Arizona Revised Statutes, Section 9--471 and amendments thereto, have been fully observed, including, but not limited to, Council approval of a plan, policy, or procedure to provide the annexed territory with appropriate levels of infrastructure and services to serve anticipated new development within ten (10) years after the annexation becomes final; and WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file in the office of the City Clerk of the City of Apache Junction, Arizona, together with a true and correct copy of the original petition referred to herein, which is on file in the office of the Pinal County Recorder. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I : IN GENERAL The following legally-described territory is hereby annexed to the City of Apache Junction, Arizona, and that the present corporate limits shall be extended and increased to include the following territory which is contiguous to the present City limits: A portion of Government Lots 1, 2, and 3, and the North half of the Northeast quarter of Section 18, Township 1 South, Range 8 East, Gila and Salt River Meridian, Pinal County, Arizona, described as follows: BEGINNING at the Southeast corner of Section 12, Township 1 South, Range 7 East, from which the East quarter corner of said Section 12 bears N00039105"W, a distance of 2637 . 77 feet; THENCE N00°39' 05"W, along the East line of said Section 12, a distance of 389. 15 feet to the Northwest corner of Section 18, Township 1 South, Range 8 East; THENCE N89045143"E, along the North line of the Northwest quarter of said Section 18, a distance of 3579 . 88 feet to the North quarter corner of said Section 18; THENCE N89045' 43"E, along the North line of the Northeast quarter of said Section 18, a distance of 1935. 46 feet; THENCE S00°39105"E, a distance of 404 . 31 feet; THENCE S89045143"W, and parallel to the North line of said Section 18, a distance of 4115. 02 feet; THENCE N89°37' 05"W, a distance ORDINANCE NO. 1407 PAGE 2 OF 4 of 1400. 51 feet to the POINT OF BEGINNING. (Containing 50 . 95 acres more or less. ) SECTION II : RECORDATION That a copy of this ordinance, together with an accurate map of the territory hereby annexed to the City of Apache Junction, Arizona, certified by the Clerk of the City, attached hereto as Exhibit "A", be forthwith filed and recorded in the office of the County Recorder of Pinal County, Arizona. SECTION III : ZONING CLASSIFICATION The zoning classification for the above noted and described annexed territory is hereby adopted as shown on Exhibit "B" attached hereto and by this reference incorporated herein, and such zoning classification permits densities and uses no greater than those permitted by the County immediately before this annexation. SECTION IV: REPEALING OF CONFLICTING ORDINANCES All ordinances and part of ordinances and/or provisions of the Apache Junction City Code which are in conflict with the provisions of this ordinance are hereby repealed. SECTION V: PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance 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 DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF 2014 . JOHN INSALACO Mayor ORDINANCE NO. 1407 PAGE 3 OF 4 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1407 PAGE 4 OF 4 CERTIFICATION OF MAP MAP OF ANNEXED AREA, CASE AN-1-14 DATE: , 2014 I, John Insalaco, Mayor of the City of Apache Junction, Arizona, do hereby certify that the foregoing map, Exhibit "A", is a true and correct map of the territory annexed under and by virtue of the petition of the real and personal property owners in the said territory and by Ordinance No. 1407, annexing the territory described in Ordinance No. 1407 and as shown on said map as a part of the territory to be included within the corporate limits of the City of Apache Junction, Arizona. JOHN INSALACO Mayor Attest: KATHLEEN CONNELLY City Clerk M-1-14 EXHIBIT A Baseline Ave s ML%MT I I � I i o Houston Ave rj I V ° � I ilk I 1 .1 I I Landfill I Guadalupe Ave Alignment -- ———— — — ——————— —————————------- ��-- GJ E iv 1 t I _m c I I a` cu 1 i E 7 o f l l m Q d I I l a City Limits 8 f l mi'e) E I E'Got Ave Alignment I I Pinal County I 18 17 y 16 — Annexation Area and Area being rezoned from Pinal County GR Zone . to City of Apache junction+. RS-GR Zone North LEGAL DESCRIPTION OF PROPOSED ANNEXATION AREA: A portion of Government Lots 1, 2, and 3, and the North half of the Northeast quarter of Section 18, Township 1 South, Range 8 East, Gila and Salt River Meridian, Pinal County, Arizona, described as follows: BEGINNING at the Southeast corner of Section 12, Township 1 South, Range 7 East, from which the East quarter corner of said Section 12 bears N00039105"W, a distance of 2637.77 feet; THENCE N00°39105"W, along the East line of said Section 12, a distance of 389.15 feet to the Northwest corner of Section 18, Township 1 South, Range 8 East; THENCE N89°45143"E, along the North line of the Northwest quarter of said Section 18, a distance of 3579. 88 feet to the North quarter corner of said Section 18; THENCE N89°45143"E, along the North line of the Northeast quarter of said Section 18, a distance of 1935.46 feet; THENCE S00°39' 05"E, a distance of 404.31 feet; THENCE S89°45143"W, and parallel to the North line of said Section 18, a distance of 4115.02 feet; THENCE N89°37105"W, a distance of 1400.51 feet to the POINT OF BEGINNING. (Containing 50. 95 acres more or less. ) CITY OF APACHE JUNCTION, ARIZONA, ANNEXATION AND REZONING MAP EXHIBIT "B" ZONING CLASSIFICATIONS FOR ANNEXED TERRITORY A. The zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, be and hereby is amended by adopting and establishing a City of Apache Junction zoning district classification from the former Pinal County General Rural (GR) zone to the City of Apache Junction classification of General Rural Low Density Single-Family Detached Residential (RS-GR) zone for the following legally described territory: A portion of Government Lots 1, 2, and 3, and the North half of the Northeast quarter of Section 18, Township 1 South, Range 8 East, Gila and Salt River Meridian, Pinal County, Arizona, described as follows : BEGINNING at the Southeast corner of Section 12, Township 1 South, Range 7 East, from which the East quarter corner of said Section 12 bears N00°39' 05"W, a distance of 2637 . 77 feet; THENCE N00039105"W, along the East line of said Section 12, a distance of 389. 15 feet to the Northwest corner of Section 18, Township 1 South, Range 8 East; THENCE N89045' 43"E, along the North line of the Northwest quarter of said Section 18, a distance of 3579. 88 feet to the North quarter corner of said Section 18; THENCE N89045' 43"E, along the North line of the Northeast quarter of said Section 18, a distance of 1935. 46 feet; THENCE S00039105"E, a distance of 404 . 31 feet; THENCE S89045143"W, and parallel to the North line of said Section 18, a distance of 4115. 02 feet; THENCE N89037105"W, a distance of 1400 . 51 feet to the POINT OF BEGINNING. (Containing 50. 95 acres more or less . ) on Janice K.Brewer ARIZONA STATE mno LAND DEPARTMENT Governer ARIZONA STATE SELECTION BOARD Maria ever APPROVAL OF PROPOSED ANNEXATION State land Commissioner On this 5th day of November, 2009 the Arizona State Selection Board has given due consideration and does hereby approve the proposed annexation of State lands, as described in Attachment A, into the incorporated boundaries of the City of Apache Junction. 69nice K. Brewer overnor, State of Arizona TerN Goddard Attorney Gene I, State of Arizona Dean Martin Treasurer, State of Arizona MariaWWr Commissioner, State of Arizona Land Department W� Attes : 1 t• S"act Secretary of State Date ServingArizona's Schools and Public Institutions Since 1915 ATTACHMENT A LEGAL DESCRIPTION FOR ANNEXATION TO THE CITY OF APACHE JUNCTION FOR REALIGNMENT OF ELLIOT AVENUE A PORTION OF GOVERNMENT LOTS 1, 2 , AND 3, AND THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 1 SOUTH, RANGE 8 EAST, GILA AND SALT RIVER MERIDIAN, PINAL COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 1 SOUTH, RANGE 7 EAST, FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 12 BEARS N00039'05"W, A DISTANCE OF 2637.77 FEET, THENCE N00039'05"W, ALONG THE EAST LINE OF SAID SECTION 12, A DISTANCE OF 389 . 15 FEET TO THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 1 SOUTH, RANGE 8 EAST, THENCE N8 9°45'43"E, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18 , A DISTANCE OF 3579 . 88 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 18 , THENCE N8 9°45'43"E, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 1935 . 46 FEET, THENCE S00°39'05"E, A DISTANCE OF 404 . 31 FEET, THENCE S89045'43"W, AND PARALLEL TO THE NORTH LINE OF SAID SECTION 18 , A DISTANCE OF 4115 . 02 FEET, THENCE N89"37'05"W, A DISTANCE OF 1400 . 51 FEET TO THE POINT OF BEGINNING. CONTAINING 50 . 95 ACRES MORE OR LESS ORDINANCE NO. 1407 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, IN CASE AN-1-14, PURSUANT TO PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF APACHE JUNCTION; ADOPTING ZONING CLASSIFICATIONS FOR ANNEXED TERRITORY; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, a petition in writing, accompanied by a map or plot of said real property, having been filed and presented to the Mayor and Council of the City of Apache Junction, Arizona, signed by the owners of more than one-half in value of the real and personal property and more than one-half of the persons owning real and personal property as would be subject to taxation by the City of Apache Junction in the event of annexation within the territory and land hereinafter described as shown by the last assessment of said property, which said territory is contiguous to the City of Apache Junction and not now embraced within its limits, asking that the property more particularly hereinafter described be annexed to the City of Apache Junction, and to extend and increase the corporate limits of the City of Apache Junction so as to embrace the same; and WHEREAS, the Mayor and Council of the City of Apache Junction, Arizona, are desirous of complying with said petition and extending and increasing the corporate limits of the City of Apache Junction to include said territory; and WHEREAS, the petition sets forth a true and correct description of all the exterior boundaries of the entire area proposed to be annexed to the City of Apache Junction, and had attached thereto at all times an accurate map of the territory proposed to be annexed; and WHEREAS, no alterations increasing or reducing the territory proposed to be annexed have been made after the petition was signed by any owner of real and personal property in said territory; and ORDINANCE NO. 1407 PAGE 1 OF 4 WHEREAS, the provisions of Arizona Revised Statutes, Section 9-471 and amendments thereto, have been fully observed, including, but not limited to, Council approval of a plan, policy, or procedure to provide the annexed territory with appropriate levels of infrastructure and services to serve anticipated new development within ten (10) years after the annexation becomes final; and WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file in the office of the City Clerk of the City of Apache Junction, Arizona, together with a true and correct copy of the original petition referred to herein, which is on file in the office of the Pinal County Recorder. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I : IN GENERAL The following legally-described territory is hereby annexed to the City of Apache Junction, Arizona, and that the present corporate limits shall be extended and increased to include the following territory which is contiguous to the present City limits : A portion of Government Lots 1, 2, and 3, and the North half of the Northeast quarter of Section 18, Township 1 South, Range 8 East, Gila and Salt River Meridian, Pinal County, Arizona, described as follows: BEGINNING at the Southeast corner of Section 12, Township 1 South, Range 7 East, from which the East quarter corner of said Section 12 bears N00°39105"W, a distance of 2637 . 77 feet; THENCE N00°39105"W, along the East line of said Section 12, a distance of 389. 15 feet to the Northwest corner of Section 18, Township 1 South, Range 8 East; THENCE N89045' 43"E, along the North line of the Northwest quarter of said Section 18, a distance of 3579. 88 feet to the North quarter corner of said Section 18; THENCE N89045143"E, along the North line of the Northeast quarter of said Section 18, a distance of 1935. 46 feet; THENCE S00039' 05"E, a distance of 404 . 31 feet; THENCE S89045143"W, and parallel to the North line of said Section 18, a distance of 4115 . 02 feet; THENCE N89037105"W, a distance ORDINANCE NO. 1407 PAGE 2 OF 4 of 1400 . 31 feet to the POINT OF BEGINNING. (Containing 50 . 95 acres more or less . ) SECTION II : RECORDATION That a copy of this ordinance, together with an accurate map of the territory hereby annexed to the City of Apache Junction, Arizona, certified by the Clerk of the City, attached hereto as Exhibit "A", be forthwith filed and recorded in the office of the County Recorder of Pinal County, Arizona. SECTION III : ZONING CLASSIFICATION The zoning classification for the above noted and described annexed territory is hereby adopted as shown on Exhibit "B" attached hereto and by this reference incorporated herein, and such zoning classification permits densities and uses no greater than those permitted by the County immediately before this annexation. SECTION IV: REPEALING OF CONFLICTING ORDINANCES All ordinances and part of ordinances and/or provisions of the Apache Junction City Code which are in conflict with the provisions of this ordinance are hereby repealed. SECTION V: PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance 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 COUN IL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS iL 'ref DAY OF ��L'L��"ltTt;-t/L, 2014 . SIGNED AND ATTESTED TO THIS DAY OF 1` c_zy��.t'�L, 2014 . n J"n. HN S. INSALACO r ORDINANCE NO. 1407 PAGE 3 OF 4 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: �4�/a- a-1/ RICHARD JOEL STERN City Attorney ORDINANCE NO. 1407 PAGE 4 OF 4 CERTIFICATION OF MAP MAP OF ANNEXED AREA, CASE AN-1-14 DATE : ' t- c2 i I t? , 2014 I, John S . Insalacc, Mayor of the City of Apache Junction, Arizona, do hereby certify that the foregoing map, Exhibit ""A", is a true and correct map of the territory annexed under and by virtue of the petition of the real and personal property owners in the said territory and by Ordinance No. 1407, annexing the territory described in Ordinance No. 1407 and as shown on said map as a part of the territory to be included within the corporate limits of the City of Apache Junction, Arizona. �I ell l f HN S . I ALACO Mayor Attest: KATHLEEN CONNELLY City Clerk AN-1-14 EXHIBIT A Baseiine Ave `"UA I I » I FF6 9 I I .o I c roustor Ave uo 5 ' ` m I 4 �. I 1 I 4 I { Landfill � t 1 Guadalupe Ave Alignment 1 f 1 _ ———————— c I 1 m oC0 E 1 t E C oa t I g t � I I E N 7 90 ft I C 3 h�� (1 mile 1 -'"'—•--�1 E City Limits o I Elliot Ave Algnment Pinai County j 17 16 18 � Anriexat i o:: Area dnd A.:ea being rezoned fro" Pi^d :.. . . tc City o ;,pache Jun:tion R.S-GR. ?or.e North D°5CV_'e:'i0'z' C= :RU?CSED ;u'!' FiT:C:� AR c;i: A� portion of Government Lots 1., 2, and 3, and the N,-girth halt of the Northeast quarter of Section 18, Township l South, Range 8 L'zst, Gila and Salt River N,eridian, Pinal County, 2kri2o^a, described as follows: BEG1NNING at the Southeast corner of Section 12, Township 1 Soiith, Range 7 East, from which the East quarter corner of said Section 12 bears N00°39' 05"W, a distance of 263', .77 feet; THENCE N00°39' 05"W, along the East lire of said Secti n _2, a distance of 389. 15 feet to the Northwest corner of Sect--, cr. 18, 'township South, Range 8 East; THENCE N89045' 43"E, along the North 'line of the Northwest quarter of said Section 18 , a distance of 3579.88 feet to the North quarter corner of said Section 18 ; THENCE N89°45' 43"E, alcng the North 1�ne of the No:ti-.east Quarter of said Sectio-. 18, a distance of 1935. 46 feet; THENCE S00039' 05 a distance of 404 . 31 feet, THENCE S89°45' 43"W, and parallel to the North line of said Section: 18, a distance of 4115.C2 feet; THENCE N89037' 05"W, a distance of 140C . 51 feet to the F,3TNT OF BEGINNING. (Containing 50 .95 acres m: re or ess. . CITY OF APACHE JUNCTION, ARIZONA, ANNEXATION AND REZONING MAP EXHIBIT "B" ZONING CLASSIFICATIONS FOR ANNEXED TERRITORY A. The zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, be and hereby is amended by adopting and establishing a City of Apache Junction zoning district classification from the former Final County General Rural ("GR") zone to the City of Apache Junction classification of General Rural Low Density Single-Family Detached Residential ("RS-GR") zone for the following legally described territory: A portion of Government Lots 1, 2, and 3, and the North half of the Northeast quarter of Section 18, Township 1 South, Range 8 East, Gila and Salt River Meridian, Final County, Arizona, described as follows: BEGINNING at the Southeast corner of Section 12, Township 1 South, Range 7 East, from which the East quarter corner of said Section 12 bears N00039' 05"W, a distance of 2637 . 77 feet; THENCE N00039' 05"W, along the East line of said Section 12, a distance of 389 . 15 feet to the Northwest corner of Section 18, Township 1 South, Range 8 East; THENCE N89045143"E, along the North line of the Northwest quarter of said Section 18, a distance of 3579. 88 feet to the North quarter corner of said Section 18; THENCE N89045143"E, along the North line of the Northeast quarter of said Section 18 , a distance of 1935 . 46 feet; THENCE S00039' 05"E, a distance of 404 . 31 feet; THENCE S89045143"W, and parallel to the North line of said Section 18, a distance of 4115 . 02 feet; THENCE N89037105"W, a distance of 1400 . 51 feet to the POINT OF BEGINNING. (Containing 50 . 95 acres more or less . ) Janice K.Brewer ARIZONA STATE �n LAND DEPARTMENT Governor ARIZONA STATE SELECTION BOARD Marta Baler APPROVAL OF PROPOSED ANNEXATION State Land Commissioner On this 5th day of November, 2009 the Arizona State Selection Board has given due consideration and does hereby approve the proposed annexation of State lands, as described in Attachment A, into the incorporated boundaries of the City of Apache Junction. 6e,nice K. Brewer overnor, State of Arizona TerN Goddard Attorney Gene I, State of Arizona Dean Martin Treasurer, State of Arizona Maria WWr Commissioner, State of Arizona Land Department l Attes : Secretary of State Date Serving Ari,ono's School)and Public/sslinitioitr Since 1915 ATTACHMENT A LEGAL DESCRIPTION FOR ANNEXATION TO THE CITY OF APACHE JUNCTION FOR REALIGNMENT OF ELLIOT AVENUE A PORTION OF GOVERNMENT LOTS 1, 2, AND 3, AND THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 1 SOUTH, RANGE 8 EAST, GILA AND SALT RIVER MERIDIAN, PINAL COUNTY, ARIZONA, DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 1 SOUTH, RANGE 7 EAST, FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 12 BEARS N00039'05"W, A DISTANCE OF 2637.77 FEET, THENCE N00°39'05"W, ALONG THE EAST LINE OF SAID SECTION 12, A DISTANCE OF 389 .15 FEET TO THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 1 SOUTH, RANGE 8 EAST, THENCE N89"45'43"E, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18, A DISTANCE OF 3579.88 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 18, THENCE N89045143"E, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 1935 .46 FEET, THENCE S00°39'05"E,A DISTANCE OF 404 . 31 FEET, THENCE S89045'43"W, AND PARALLEL TO THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 4115. 02 FEET, THENCE N89"37'05"W, A DISTANCE OF 1400 .51 FEET TO THE POINT OF BEGINNING. CONTAINING 50. 95 ACRES MORE OR LESS City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 11. '+PizoN* File ID: 14-586 Sponsor: Rudy Esquivias Agenda Date: 12/16/2014 Index: In Control: City Council Meeting Presentation, discussion and action on Ordinance No. 1409 relating to case PZ-4-14, a request by Mesa Development Corporation and JBW Investments LLC, represented by John Wharton, for a rezoning of several properties (approximately 7 acres) at the southeast corner of US60 and S. Tomahawk Road, from General Rural Low Density Single-family Detached Residential (RS-GR) and Very High Density Multiple-family Residential (RM-3), to General Commercial District by Planned Development (B-1/PD). Presentation, discussion and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 O� PQACHE✓GEC a �y z City of Apache Junction <> Development Services Department"'` qR/ZONP Date : December 3, 2014 To: Honorable Mayor and City Council Members Through: Bryant Powell, Assistant City Manager Larry Kirch, Development Services Director From: Rudy Esquivias, Senior Planner/Zoning Admin. Subject: December 16, 2014, City Council Public Hearing Item: PZ-4-14 (Ordinance #1409) Mesa Development Corp. and JBW Investments LLC, Rezoning Request. Background The property owners, represented by John Wharton, are proposing to rezone their +/-7-acre property at the southeast corner of US60 and S . Tomahawk Road from RS-GR (General Rural Low Density Single-family Detached Residential) and RM-3 (Very High Density Multiple-Family Residential) to B-1/PD (General Commercial District by Planned Development) . The rezoning proposal seeks to rezone the properties to planned development commercial, to create a commercial, retail and employment opportunity area for a future developer. The rezoning is being processed concurrently with an annexation request for the properties . If the proper- ties are not annexed, no action can be taken on the rezoning. Planning and Zoning Commission Recommendation On October 28, 2014, the Planning and Zoning Commission held a public hearing regarding this request (P&Z staff report and exhibits attached) . The Commission voted to recommend approval of the rezoning by a vote of 7 to 0, subject to all of Staff' s recommended conditions . There was no public comment, other than Mr. Wharton, on the rezoning request. Attached Ordinance No. 1409 reflects the Commission and staff recommendation for the Council' s consideration. City Council Work Session At their work session on November 17, staff presented the zoning case and the Planning and Zoning Commission recommendation to the City Council . Councilmembers seemed pleased with the proposed rezoning concept and the recommended conditions of approval . Councilwoman Evans suggested staff draft language for an additional condition which would provide for shared multi- tenant signage on the development site. If Council would like Planning&Zoning-Building&Safety-Revenue Development 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph: (480)474-5083 • Fax(480) 982-7010 to add said additional condition, then the following language is suggested. In the motion to approve Ordinance No. 1409, please add the following condition: 10) The future businesses on the development site shall be allowed to advertise on multi-tenant monument signs . One multi-tenant monument sign shall be located along the Tomahawk Road frontage; and one multi-tenant freeway sign shall be located along the US60 frontage. Said signs shall complement the architecture of the buildings, and shall be subject to Planning Staff review and approval . Attachments: - Proposed Ordinance No. 1409 - Oct. 28, 2014, P&Z staff report with all attachments Planning&Zoning—Building&Safety—Revenue Development 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph: (480)474-5083 •Fax(480)982-7010 ORDINANCE NO. 1409 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 IN REZONING CASE PZ-4-14, A REQUEST BY MESA DEVELOPMENT CORPORATION AND JBW INVESTMENTS LLC, REPRESENTED BY JOHN WHARTON, FROM GENERAL RURAL LOW DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL (RS-GR) AND VERY HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL (RM-3) TO GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT (B-1/PD) ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Mesa Development Corporation and JBW Investments LLC desire to rezone their properties for the purpose of creating a commercial, retail and/or office development opportunity on their +/- 7 gross acres (including adjacent right-of-way) at the southeast corner of US60/Superstition Freeway and S . Tomahawk Road; and WHEREAS, on October 28, 2014, the Apache Junction Planning and Zoning Commission voted 7-0 to recommend approval of rezoning case PZ-4-14, subject to the recommended conditions prescribed in the public hearing staff report; and WHEREAS, case PZ-4-14 is being processed concurrently with annexation case AN-2-14, but decision on the rezoning shall not be made unless the Apache Junction City Council has approved the annexation first; and WHEREAS, the City Council hereby determines that the proposed rezoning conforms to all of the general criteria as specified in the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-5-3, B- 1 Non-Residential Use Regulations, and Section 1-4-3, Planned Development ("PD") District, including compliance with the General Plan, integration with the surrounding neighborhood, adequate traffic accommodation, adequate public facilities, extension of infrastructure, and that the design and uses should result in enhancements to the social, built, and natural environments in the City. ORDINANCE NO. 1409 PAGE 1 OF 4 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL The zoning district classifications on the Zoning District Map, City of Apache Junction, Arizona, for the parcels of land legally described as : Pinal County Assessor parcels 103-22-008A; 103-22- 009C; 103-22-009D; 103-22-010A; 103-22-01OB; 103-22- 021, EXCEPT the West 50 feet thereof; and 103-22-022, EXCEPT the West 50 feet thereof; all parcels are located in the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. (Complete metes and bounds legal descriptions of these properties are available for viewing at the City of Apache Junction, Development Services Department. ) be and hereby are amended from General Rural Low Density Single- Family Detached Residential (RS-GR) and Very High Density Multiple-Family Residential (RM-3) to General Commercial District by Planned Development (B-1/PD) , 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 1-16 Administration, Section 1-16-6-H- 1 (b) . 2) All signage on the property shall comply with the City' s Sign Code . 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, ORDINANCE NO. 1409 PAGE 2 OF 4 including but not necessarily limited to, the City' s Zoning Ordinance, Engineering Guidelines, Landscape and Screening Requirements, and Commercial Design Guidelines . 5) The developer of the property shall dedicate to the City any additional right-of-way as may be required by the City Engineer, at the time of development of the subject site . 6) In order to create a commercial, retail, office development opportunity on the rezoned properties, while still observing sensitivity to surrounding residential neighborhoods, future uses on the B-1/PD-zoned properties shall include those uses normally allowed under the B-1 base zone, except for the following uses : manufactured/ mobile home sales; semi-truck service or repair; pawn shop; tattoo and/or piercing establishment; massage establishment; swap meet; RV parks and campgrounds; RV, boat or vehicle storage; horse boarding or riding stables; contractor yard; commercial parking lots and garages; outdoor storage, assembly or repair business of any kind; general warehouse and mini-storage warehouses; taxi or shuttle business; rescue mission, soup kitchen or homeless shelter; second-hand or used merchandise stores; used auto sales; medical marijuana uses; single-family and other residential uses; other uses determined by the Zoning Administrator to be incompatible with the intent of the planned development zoning. 7) The developer of the property may combine parcels and re- designate right-of-way and/or access and utility easements within the subject site boundaries as may be necessary at the time of development . Further division of the properties or the creation of additional parcels shall not be allowed, unless the developer proceeds through a subdivision process . 8) Any request for deviation from the city' s development standards or for uses determined by the Zoning Administrator to not be conducive to creating a commercial, retail, office opportunity shall require a separate planned development amendment, rezoning, landscape code appeal or conditional use permit process first, as may be appropriate . ORDINANCE NO. 1409 PAGE 3 OF 4 9) The subject site may be developed in phases, with the necessary public or private improvements for service, access and health and safety to be constructed with each phase as necessary and/or as determined by the Building Official or the Fire Marshall . SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, sub-section, 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 portions thereof. 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 INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1409 PAGE 4 OF 4 CityApacheof Junction ° Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: October 28 , 2014 CASE NUMBER: PZ-4-14 APPLICANTS/OWNERS: Mesa Development Corporation and JBW Investments LLC. REPRESENTATIVE: Jahn Wharton REQUEST: Subject properties are concurrently being annexed into the City. Upon successful annexation, they will be assigned City zoning districts of RS-GR General Rural (equivalent to Pinal County' s GR zone) and RM-3 Multi-Family Residences (equivalent to County' s CR-4 zone) . Request is to rezone all properties to B-1/PD (General Commercial District by Planned Development) . LOCATION: The properties, totaling approximately 7 acres (including some ADOT right-of-way) , are located at the southeast corner of US60 and S . Tomahawk Road. GENERAL PLAN/ ZONING DESIGNATION: High Density Residential, maximum density of 20 dwelling units per acre . The north +/-234 ' is zoned RS-GR, and the south +/- 250' is zoned RM-3 . SURROUNDING USES: North: US60 (not zoned) ; South: Denali MH Park (zoned Pinal County MHP) ; East : Denali MH Park (County MHP) ; West : Horne Ford (city-zoned B-1/PD) . PZ-4-14 (Mesa Dev/JBW/Wharton) PAGE 2 OF 7 BACKGROUND The subject properties consist of 6 individual lots owned by the applicants , plus some freeway right-of-way area (see PZ-4-14 vicinity and aerial maps) . The properties are currently under Pinal County jurisdiction. The private lots have been previously developed with apartments, a small RV park and a couple of single-family homes . The homes and the apartments still exist, but the RV park use appears to have been discontinued years ago. Back in 2010 , Mr. Wharton discussed with City Staff the possibility of annexing the properties into the City and redeveloping them with a hotel, a couple of restaurant pads and a retail or office building (see Mr. Wharton' s letter to the Council and the proposed conceptual site plan from 2010) . Planning Staff was very receptive to the concept plan, but unfortunately, the economy was in a downturn and the project was not realized. Then in June of this year, Mr. Wharton returned and went through the city' s Preliminary Development Review (PDR) process, seeking comments on his proposal to being annexed and rezoning the properties to commercial . His idea was basically to rezone the properties in order to create two development sites . Approx- imately 1 . 25 acres of the site was carved out for a hotel along Tomahawk and the rest of the site was proposed for RV, boat and mini-storage (see PDR concept plan) . PDR team members again expressed positive interest in getting the properties annexed into the City, but we relayed to Mr. Wharton that the previous 2010 plan for a commercial development was much preferred over the new plan, which included 3 . 75 acres of RV storage . PROPOSAL Mr. Wharton is now requesting that the city annex his properties and rezone them to commercial . Concurrent with this rezoning request, annexation case AN-2-14 is in process for the annexation of the subject properties . Mr. Wharton does not plan to develop the properties, but instead proposes to create an opportunity for future commercial developers, including apparently, a hotel operator who still has interest in the property. He has submitted the concept plan for a multi-tenant development site (from 2010) along with the rezoning application PZ-4-14 (Mesa Dev/JBW/Wharton) PAGE 3 OF 7 as an illustration of how the property may be developed in the future . Procedurally, the properties would need to be annexed by the city first, and during that process given city zoning designations which are most similar to the zoning districts currently assigned by the county; and then, upon a successful annexation of the properties, rezoning of the properties to commercial (B-1/PD) would follow. If the annexation is not successful, then the rezoning will not proceed, leaving the properties under Pinal County jurisdiction and with their existing zoning designations and uses . PLANNING STAFF ANALYSIS AND FINDINGS Relationship to General Plan: The subject site and the property immediately to the east and south (Denali MH Park) is designated "high density residential" , likely because of the existing apartment zoning on part of both properties and to allow for additional future multi-family redevelopment near the freeway. The Horne Ford property to the west of the site is designated "community commercial" . North of the site is the freeway. Because the size (+/-7 acres) of the subject site is less than 10 acres, this commercial rezoning request is considered a minor amendment to the General Plan. zoning/Site Context: The existing apartment zoning on part of the property is appropriate for a high traffic volume major interchange, while the GR zoning seems out of place . The proposed B-1/PD zoning is compatible with the commercial uses to the west of the site . With proper land use controls such as landscape, screening and setback buffers ; and by limiting the palette of uses on the site under the planned development zoning, a compatible commercial development site can be reasonably integrated at this location, next to the residential development . The fact that the site is adjacent to a full freeway interchange generally lends itself more to commercial and higher intensity uses . Planned Development Zoning: There is not a definitive development plan for these properties, but the proposed zoning is planned development . Therefore, any proposal to develop the site will have to conform to city development standards for setbacks, heights, lot coverage, PZ-4-14 {Mesa Dev/JBW/Wharton} PAGE 4 OF 7 parking, landscaping, on-site and off-site improvements, and commercial design standards . Staff will also suggest for the Commission' s consideration a palette of uses conducive to creating employment, generating sales taxes , and providing for neighborhood and/or traveler services . If deviations from standard requirements or different uses are proposed at the time of development, then a future developer will need to process another PD amendment for their specific development plan. Infrastructure Improvements: The eventual developers of the property will need to extend all necessary services to the site, including sewer. Lack of sewer service to the property is probably the main thing that is keeping the property from being developed to its full potential . The annexation of the property will allow sewer service to be extended to the site . Access to Tomahawk is also basically limited to the very south 50 feet of the property. However, 50 feet is more than adequate for a wide ingress/egress access point to a commercial development site . Need for additional improvements such as streetlights, fire hydrants, drainage structures, etc . , in accordance with the city' s engineering requirements will also need to be determined at the time of development . Public Input: Staff will present a summary of public input comments, if any, at the Commission' s public hearing on October 28 . Thus far, no public comments or inquiries have been received. PLANNING AND ZONING COMMISSION WORK SESSION At their work session on October 14 , the Commissioners seemed receptive to the rezoning concept . There were questions/ comments concerning: the ADOT area and whether that would get rezoned (answer - city zoning does not apply to right-of-way, much less freeway right-of-way) ; limiting the palette of uses to exclude undesirable uses (see suggested condition #6) ; Commissioners liked the idea that another rezoning or PD amendment request would come back to them if a future developer wanted to do something different than what the city' s development standards require or if they wanted to deviate from the palette of uses ; Commissioners also preferred commercial, retail and office uses over RV and boat storage . PZ-4-14 (Mesa Dev/JBW/Wharton) PAGE 5 OF 7 PLANNING DIVISION RECOMMENDATION Planning Staff offers the following Recommended Motion, along with the following 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-4-14 , a request by Mesa Development Corporation and JBW Investments LLC, represented by John Wharton, for a rezoning of their properties , located at the southeast corner of S . Tomahawk Road and US60 , from RS-GR (General Rural) and RM-3 (Multiple-family Residences) to B-1/PD (General Commercial by Planned Development) , 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 1-16 Administration, Section 1-16-6-H- 1 (b) . 2) All signage on the property shall comply with the City' s Sign Code . 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 . 5) The developer of the property shall dedicate to the City any additional right-of-way as may be required by the City Engineer, at the time of development of the subject site . PZ-4-14 (Mesa Dev/JBW/Wharton) PAGE 6 OF 7 6) In order to create a commercial, retail, office development opportunity on the rezoned properties, while still observing sensitivity to surrounding residential neighborhoods , future uses on the B-1/PD-zoned properties shall include those uses normally allowed under the B-1 base zone, except for the following uses : manufactured/ mobile home sales; semi-truck service or repair; pawn shop; tattoo and/or piercing establishment; massage establishment; swap meet; RV parks and campgrounds; RV, boat or vehicle storage; horse boarding or riding stables; contractor yard; commercial parking lots and garages; outdoor storage, assembly or repair business of any kind; general warehouse and mini-storage warehouses ; taxi or shuttle business ; rescue mission, soup kitchen or homeless shelter; second-hand or used merchandise stores ; used auto sales; medical marijuana uses; single-family and other residential uses ; other uses determined by the Zoning Administrator to be incompatible with the intent of the planned development zoning. 7) The developer of the property may combine parcels and re- designate right-of-way and/or access and utility easements within the subject site boundaries as may be necessary at the time of development . Further division of the properties or the creation of additional parcels shall not be allowed, unless the developer proceeds through a subdivision process . 8) Any request for deviation from the city' s development standards or for uses determined by the Zoning Administrator to not be conducive to creating a commercial, retail, office opportunity shall require a separate planned development amendment, rezoning, landscape code appeal or conditional use permit process first, as may be appropriate . 9) The subject site may be developed in phases, with the necessary public or private improvements for service, access and health and safety to be constructed with each phase as necessary and/or as determined by the Building Official or the Fire Marshall . PZ-4-14 (Mesa ; ev/JBW/ arton) PAGE 7 of 7 Prepar d y I Esquivias Senior P er/i oning Administrator Attachments: Exhibit 41 - PZ-4-14 Application Exhibit 42 - Vicinity and Zoning Map Exhibit #3 - Aerial images of property Exhibit 44 - June 24, 2014, letter to Mayor and Council Exhibit #5 - Mixed use development concept plan from 2010 Exhibit #6 - PDR plan for hotel and RV storage pads Pp a H U EXHIBIT A: Planning and Zoning Application Form q q�ZpN 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 •T•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 SITE INFORMATION SITE ADDRESS/LOCATION T�yr�Jr .S JUM.4 R t-J!C A5SE550R5 PARCEL NUMBER C�J) /C GROSS AREA Y-90 4 NET AREA //� EXISTINGZONING { BRIEF DESCRIPTION OF THE PROPOSED REQUEST: --7 APPLICANT INFORMATION / n Property Owner(s) /�/_��rr ?Jr/yP��� �i0- Guul la LJ_i�k�'s�r1 � S• L C Address Phone Number Fax Number Email Applicant Contact Person/Project Manager 1 yA� Address 1 L,l6, x s S r &1 r ',S`L.Yec /J V Ta-r- Phone Number S Fax Number Email Architect/Engineer Address Phone Number Fax Number Email OWNERS SIGNATURE /�G�/ CJ DATE w� 6-18-2014 versi n `� � (1/ ✓�<= Ll>C!� _ /� 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//W�e, Vn2 (s) of the property in this application, have appointed 11 , ( as my/our representative agent I/We have authorized him/her to do whatever is necessary to have this request considered favorably by the City of Apache Junction and agree that all correspondence relation to this matter should be delivered to him/her. PLEASE PRINT Property Owner `^-' 11 l/►' S L ~C Address Phone Number Fax Number Email Property Owner Address Phone Number Fax Number Email Property Owner Address Phone Number Fax Number Email STATE OF ARIZONA ) The forego inStrume was acknowledged before n �iay o 20ef.COUNTY OF PINAL ) Nota ublic ,1 My Commission Expires. 7 l5l 6-18-2014 version Notary Pubfic State of Arizona Pinal County *Angola M Muscolino My Con.*sion EYvres 4enar1oi7 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 d N 1�� 4CZ/ as my/our representative agent. I/We have authorized him/her to do whatever Is necessary to have this request considered favorably by the City of Apache Junction and agree that all correspondence relatlon to this matter should be delivered to him/her. PLEASE PRINT 1 Property Owner��_ �LIZ e� Address i 5�5Eh Phone Number 410 3U(,0 Fax Number Ema 02 30 r Property Owner Address Phone Number Fax Number Email Property Owner Address Phone Number Fax Number Email STATE 0 The fore g Ing Instrument was acknowledged b fore met is day of 20 . COUNTY OF FINAL ) Notary Public ,a°"�• LESLIE OLSON NOTARY PUBLIC•STATF OF U' My Commission Expires '1 1 COMMISSION# 61 Y 6.18-2014 version COMM. EXP. 10-13-2014 PZ - 4- 14 REZONNG RUCLU� ei T' FROM 9S -11 AEID RM-3 `r O B-l /pD �C�R CG m mr QC 1 A.L, R T'�.1 Ott 1 cl= OF-VJ---=Ljc-PMV-N7- OPFOV�-rU!I1--{ 19Y i-01Q WA.WT'OM. 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C _•_ l'� :? t� o = • �• �Ia :'. �t11] 7 ��+t]Ullt�[1UIaU1➢•1`�.� ��_,a -�'�`— .t • � _ _ 1 . ��_�f�1t1�1�"« i-li.lil't111� ` l• _ _7 t �. �� 's.._� • .� j r 1.- r-�a. ,IT' L � i���.� Ill'�.�_-SL7;� �, _- L■ • � 1 � [ ti r r+ I. ,I-_ [ 'r ^ S. •. y� .__' � .:..� �llTtl l�•+!<�.�1 I �♦ I� y'-Y^ �i i ��. f1 � _ r � � .at w rt 4.�1 1�_ �r� • y ,7.7�1 'y,; '.• i_' 1�122""II� L I ,.i•' T' � I � �w�.,,�1r'~y c jla�[��L .Im d rtaaraliasa - `�1 gn,lltnr' �`I,i rr 5' ,ti' ''ik IraallaatltiA �• _ •:lr� �a� tom, �rdi.�.���•-�`. ,..raAo aaaa■ >Iltrrtrlrtr■ Su dwA■ Tk /t'qJ►ti i$';s-a I s+�arinp r ■ :. , r — IA11114 1 drfarin+rr ' r t 0 ,Tl ! +•Olt'tr r\a>Ilrurls � If : . 1Sn `�„�_ lin• t 1 _t irtalll9rll it ji20 .•.- 111 9G171 Hcl1t11 173 tt ! Grr _ar 17 t1111t lillil IIu= UJI R R [ . .. •� :�!! 4 t 7, t11+11 '.7 t7 S� is uu t1wla u • a 7 � ri IiIJ.Z t7 L: c \\ I L.W. Cd It 11:113�v • . � `__ 1, ,5. r',Mq[7:1rs1�llt l} I]LI iiiiiiiio 41 t p�o,131Mq � � � ��r�rtiRs�� �3 '�► ,1 wandbilik 0 6� t�,t�r�rl►r � - � _�° �.,t1\/trr�alrall�IL!•+t. _ A a-- G c1, .10 tit f_ �• • - ��.-r- I .i June 24, 2014 Honorable John Insalaco and City Council Members City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85119 RE: The annexation of 4.98 acres of land at the southeast corner of Hwy 60 and Tomahawk Road Dear Mayor Insalaco and City Council Members, I would like to make a request for both the annexation of our property into the city of Apache Junction and along with the rezoning of the property. I have visited the city's Community Development department on a number of occasions to discuss the property and have asked the city for constructive input with regard to annexation and use of the property. At present, the property lies within the Pinal County jurisdiction. It has mixed zoning which as it was originally developed as two separate properties in the 1970's. The county elected to amend the zoning of a portion of the property a few years ago to allow commercial uses. The balance of the property is zoned for multi-family. All utilities are at, or very near, the property line. We had a handshake agreement with Choice Hotels for the development of a Country Inn & Suites prior to the recession. Since that time, the property has been marketed to sale with no serious offers being received in the last few years. Our subsequent discussions with Choice Hotels and others has made it clear that the market has changed and in order to attract a buyer/developer we will need to have zoning in place as the player are simply much more cautious now. My partner and I were hurt badly by the recession. We have roughly $1.6 million dollars cash into the purchase of the properties and still have a mortgage of over $600,000 remaining. The rent from the aging apartments only pays a portion of the monthly payment, maintenance, etc. In short, we are broke. My partner is 83 years old and has no income. We have managed to put together enough money to pay the City's zoning application fees but we do not have funds for elaborate drawings, grading and drainage plans, etc. Practically speaking, some flexibility in the site plan will certainly allow a more rapid development time-frame and engineering would John S. Wharton 4625 S. Lakeshore Drive,Tempe AZ 85282 480-650-8858 Johnwharton@cox.net be required at that time which the developer can pay. We simply do not have the cash, or access to the cash, to hire architects and engineers. I do have previous drawings which are of some help. What I am proposing is the annexation of the property with subsequent development of the site with a hotel and a self-storage facility. The access to the property is somewhat restricted which is why the mini-storage was added to the hotel. This will be made more clear with our application. We sincerely hope to work with you to make this development happen. I will be making application in the next few days. Kind regards, G�- John Wharton, owner John B. Wharton 4625 S. Lakeshore Drive,Tempe AZ 85282 480-650-8858 Johnwharton@cox.net 4 Fal-,: Z w 1 Z t f — I Iu) W°:,i'ei.\'.,::M.r rmww s..•i rw.•�yu..+r.wr0.w.with...•....�.m.L'I.SO.b..rMFY..MeA ryw.r�.�ui�•.s.ww,s'we•dsr•or�1r.,,..,w.,../.r.r rs r.�wtr� u Aso,.+w r.erw'w.'wr a'n•..�;w,� ar��'�..r�w/M'Pr .r®'emu��.�/�r•'ry.a�s�iA•���i,w�-i.ww1A� Yw,-li-1.��..w,ww-�-,��oT lw Riw•1w n-�I�I�Mry.'.ry�� Phi r jile } p R gg I � � I � ��a arb• i I W a V �r �S�e�� e���� CL UD . I fN , (n'd3V 6L'O) llDS ZK'K QVd'1A DS OOZE I I I� I y LUn.ti 1111111 t f ti I sadoy 56'D)'ld'DS m Lb t-, f 00C1�15Vj DSOQO9 '--{' --------- ------- -—-—-—-—-—-— eI/A COPNER ""' .,- SEC TIn4 J4. TIN. ROC vlc l%ITV Yap FCU%C liliMS C:P Sei/4 SELiIdI ]A 11.BA'IG HOLE USGC-SUPERSTITION r9Y TIN. 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Peservatlrra cmtairod In Me Paler► "';,' as tMrrfo of a n.w.w +nrll Ic Furpssel CClrwarnlc ­1 - PAR CONCEPT F N City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 12. '+PizoN* File ID: 14-590 Sponsor: Rudy Esquivias Agenda Date: 12/16/2014 Index: In Control: City Council Meeting Consideration and action on Ordinance No.1408, relating to annexation case AN-2-14, a request by Mesa Development Corporation and JBW Investments LLC, represented by John Wharton, for annexation of and assignment of city zoning districts to, their properties (approximately 7 acres, including adjacent ADOT right-of-way) located at the southeast corner of S. Tomahawk Road and US60. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 O� PQACHE✓G'G n �y z City of Apache Junction - _ .._, Development Services Department gP120 DATE: December 3, 2014 TO: Honorable Mayor and City Council THROUGH: Bryant Powell, Assistant City Manager Larry Kirch, Development Services Director FROM: Rudy Esquivias, Senior Planner/Zoning Admin. SUBJECT: Consent Agenda Item: AN-2-14 (Ordinance No. 1408) Proposed Annexation of +/-7 Acres at the Southeast corner of S . Tomahawk Road and US60 . Proposal Description This is an annexation proposal for +/-7 gross acres of private property and some US60 right-of-way area, located at the southeast corner of S . Tomahawk Road and US60 . The subject site is presently zoned by Pinal County as General Rural ("GR") and Multiple-family Residential ("CR-4") . Upon successful annexation into the City, the subject site will be assigned the City of Apache Junction zoning district of General Rural Low Density Single-family Detached Residential ("RS-GR") and Very High Density Multiple-family Residential ("RM-3") in compliance with State law, which requires that a City assign an annexed property zoning of similar or equal intensity as the County' s upon annexation. The property is being annexed at the request of the private property owners, Mesa Development Corporation and JBW Investments LLC. The basic purpose for the annexation is to allow for the rezoning (pursuant to rezoning case PZ-4-14) of the private properties to a commercial planned development designation which will allow for a commercial, retail and employment opportunity for a future developer. Case Background As part of the annexation process required by Arizona Revised Statutes (ARS) , Section 9-471, on October 13, 2014, the City filed a blank (unsigned) annexation petition with the Pinal County Recorder' s office . A requisite public hearing to discuss Planning&Zoning-Building&Safety-Revenue Development 300 E. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5083 • Fax(480) 982-7010 the annexation and receive public comment, within 30 days of recording the blank petition, was held by the City Council on November 4, 2014 . The process of distributing and collecting petitions with the signatures of owners of real and personal property within the annexation area began on November 12, 2014, after the end of the 30 day waiting period. State Statutes then give the City a time frame of one year, after the 30-day waiting period, to collect the necessary number of signatures of consent. In this case, the Arizona Department of Revenue has not indicated that there are owners of real or personal property (other than the applicants) in the annexation area, within the prescribed timeframe for providing said information. The signed annexation petitions from the owners will be recorded prior to the Council' s December 16 meeting. If, subsequent to the distribution of this agenda item transmittal, the State informs staff of additional ownership entities, then Planning Staff may ask Council for a continuance of the item to gather other additional signatures . As of now, all annexation process requirements have been met. Planning Staff has prepared the attached annexation ordinance (Ordinance No. 1408) to be adopted by the City Council at their December 16, 2014 meeting. Impact Assessment The City will become responsible for services including: police protection, zoning and code enforcement, and the maintenance of roadways . The site will also receive service from the Sewer District and the Fire District when development comes along. Water for the property will be provided by Apache Junction Water District. All records pertaining to this annexation are available on file in the Planning Division Office at 300 E. Superstition Boulevard. Please refer to case file AN-2-14 when inquiring about this case. Recommended Motion I move that the Apache Junction City Council (approve/deny) Ordinance No. 1408, a City-initiated annexation of +/-7 acres at the southeast corner of the S . Tomahawk Road and US60 . Attachment: - Draft Ordinance No. 1408 (with Certification of Map, Map and Legal Description Exhibit "A", and Zoning Exhibit "B") Planning&Zoning—Building&Safety—Revenue Development 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph: (480)474-5083 •Fax(480)982-7010 ORDINANCE NO. 1408 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, IN CASE AN-2-14 , PURSUANT TO PROVISIONS OF TITLE 9, CHAPTER 4 , ARTICLE 7 , ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF APACHE JUNCTION; ADOPTING ZONING CLASSIFICATIONS FOR ANNEXED TERRITORY; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, a petition in writing, accompanied by a map or plot of said real property, having been filed and presented to the Mayor and Council of the City of Apache Junction, Arizona, signed by the owners of more than one-half in value of the real and personal property and more than one-half of the persons owning real and personal property as would be subject to taxation by the City of Apache Junction in the event of annexation within the territory and land hereinafter described as shown by the last assessment of said property, which said territory is contiguous to the City of Apache Junction and not now embraced within its limits , asking that the property more particularly hereinafter described be annexed to the City of Apache Junction, and to extend and increase the corporate limits of the City of Apache Junction so as to embrace the same; and WHEREAS, the Mayor and Council of the City of Apache Junction, Arizona, are desirous of complying with said petition and extending and increasing the corporate limits of the City of Apache Junction to include said territory; and WHEREAS, the petition sets forth a true and correct description of all the exterior boundaries of the entire area proposed to be annexed to the City of Apache Junction, and had attached thereto at all times an accurate map of the territory proposed to be annexed; and WHEREAS, no alterations increasing or reducing the territory proposed to be annexed have been made after the petition was signed by any owner of real and personal property in said territory; and ORDINANCE NO. 1408 PAGE 1 OF 3 WHEREAS, the provisions of Arizona Revised Statutes, Section 9-471 and amendments thereto, have been fully observed, including, but not limited to, Council approval of a plan, policy, or procedure to provide the annexed territory with appropriate levels of infrastructure and services to serve anticipated new development within ten (10) years after the annexation becomes final; and WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file in the office of the City Clerk of the City of Apache Junction, Arizona, together with a true and correct copy of the original petition referred to herein, which is on file in the office of the Pinal County Recorder. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I: IN GENERAL The following legally-described territory is hereby annexed to the City of Apache Junction, Arizona, and that the present corporate limits shall be extended and increased to include the following territory which is contiguous to the present City limits . Pinal County Assessor parcels 103 -22-008A; 103-22-009C; 103-22-009D; 103-22-010A; 103-22-010B; 103-22-021, EXCEPT the West 50 feet thereof; and 103-22-022 , EXCEPT the West 5o feet thereof; all parcels are located in the Northwest quarter of the Southwest quarter of Section 34 , Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. (See attached map and legal description, Exhibit "A" , for complete metes and bounds legal descriptions . ) SECTION II : RECORDATION That a copy of this ordinance, together with an accurate map and legal description of the territory hereby annexed to the City of Apache Junction, Arizona, certified by the Clerk of the City, attached hereto as Exhibit "A" , be forthwith filed and recorded in the office of the County Recorder of Pinal County, Arizona. ORDINANCE NO. 1408 PAGE 2 OF 3 SECTION III : ZONING CLASSIFICATION The zoning classifications for the above noted and described annexed territory is hereby adopted as shown on Exhibit "B" attached hereto and by this reference incorporated herein, and such zoning classification permits densities and uses no greater than those permitted by the County immediately before this annexation. SECTION IV: REPEALING-OF-CONFLICTING ORDINANCES All ordinances and part of ordinances and/or provisions of the Apache Junction City Code which are in conflict with the provisions of this ordinance are hereby repealed. SECTION V: PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance 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 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 JOEL STERN City Attorney ORDINANCE NO. 1408 PAGE 3 OF 3 CERTIFICATION OF MAP MAP OF ANNEXED AREA, CASE AN-2-14 DATE: , 2014 I, John S . Insalaco, Mayor of the City of Apache Junction, Arizona, do hereby certify that the foregoing map, Exhibit "A" , is a true and correct map and legal description of the territory annexed under and by virtue of the petition of the real and personal property owners in the said territory and by Ordinance No. 1408 , annexing the territory described in Ordinance No . 1408 and as shown on said map as a part of the territory to be included within the corporate limits of the City of Apache Junction, Arizona. JOHN S . INSALACO Mayor Attest : KATHLEEN CONNELLY City Clerk AN--2-14 EXHIBIT A 22 us so g� 19C 81n22 � � A_ ' �i --100 Pinal County 10 t► �f— 50, L �L11�J Annexation Area and Area being rezoned from Pinal County GR and CR-4 Zones to City of Apache Junction RS-GR and RM-3 Zones. North LEGAL DESCRIPTION OF PROPOSED ANNEXATION AREA: Parcel 1: 103-22-008A That part of the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, described as follows: COMMENCING at the Northwest corner of the Northwest quarter of the Southwest quarter of said Section 34; Thence running easterly along the north line of said Northwest quarter of the Southwest quarter of said section 34, a distance of 558.5 feet to the Northeast corner of the property described in Docket 164, page 122, being the TRUE POINT OF BEGINNING; Thence continuing easterly along the North line of the Northwest quarter of the Southwest quarter of Section 34, a distance of 186.1 feet; Thence Southerly and parallel to the West line of the Northwest quarter of the Southwest quarter of Section 34, a distance of 234 feet, thence westerly and parallel to the north line of the Northwest quarter of the Southwest quarter of section 34, a distance of 186.1 feet to the Southeast corner of the property described in Docket 164, page 122; Thence Northerly along the East line of said property to the TRUE POINT of BEGINNING; EXCEPT that portion of the North 234.00 feet of the East 186.1 feet of the West 744.6 feet of the Northwest quarter of the Southwest quarter of Section 34, Township I North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, which lies northerly of the following described line: BEGINNING at a point on the West line of said Section 34, which point bears South 0 degrees 06 minutes 00 seconds East 434.00 feet from the West quarter corner of said Section 34; Thence North 89 degrees 54 minutes 00 seconds East 56.99 feet; Thence North 7 degrees 01 minutes 37 seconds East 346.63 feet; Thence North 85 degrees 16 minutes 50 seconds East 1103.58 feet to the Point of Ending; EXCEPTING THEREFROM all coal, oil, gas and other mineral deposits, as reserved in the Patent recorded in Book 53, page 380 of Deeds, records of Pinal County, Arizona. PARCEL N0.2: 103-22-009C A parcel of land lying within that portion of the North 234.00 feet of the West 558.50 feet of the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, which lies Easterly and Southerly of the following described line: BEGINNING at a point on the West line of said Section 34, which point bears South 0 degrees 06 minutes 00 seconds East 434.00 feet from the West quarter corner of said Section 34; Thence North 89 degrees 54 minutes 00 seconds East 56.99 feet; Thence North 7 degrees 01 minutes 37 seconds East 346.63 feet (this point to the referred to as Point ALFA) ; Thence North 85 degrees 16 minutes 50 seconds East 1103.58 feet to the Point of Ending of said line; EXCEPT that portion described as follows: BEGINNING at Point ALFA; Thence North 85 Degrees 16 minutes 50 seconds East 147 feet; Thence South 7 degrees 01 minutes 37 seconds West 145 feet; Thence South 85 degrees 16 minutes 50 seconds West 147 feet; Thence North 7 degrees 01 minutes 37 seconds East 145 feet to the Point of ALFA; EXCEPTING THEREFROM all coal, oil, gas and other mineral deposits, as reserved in the Patent recorded in Book 53, page 380 of Deeds, records of Pinal County, Arizona. PARCEL NO. 3:103-22-009D A parcel of land lying within that portion of the North 234.00 feet of the West 558.50 feet of the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range B East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, which lies Easterly and Southerly of the following described line: BEGINNING at a point on the West line of said Section 34, which point bears South 0 degrees 06 minutes 00 seconds East 434.00 feet from the West quarter corner of said Section 34; Thence North 89 degrees 54 minutes 00 seconds East 56.99 feet; Thence North 7 degrees 01 minutes 37 seconds East 346.63 feet (this point to be referred to as point ALFA) ; Thence North 85 degrees 16 minutes 50 seconds East 1103.58 feet to the Point of Ending of said line, and more particularly described as follows: BEGINNING at point ALFA; Thence North 85 degrees 16 minutes 50 seconds East 147 feet; Thence South 7 degrees 01 minutes 37 seconds West 145 feet; Thence South 85 degrees 16 minutes 50 seconds West 147 feet; Thence North 7 degrees 01 minutes 37 seconds East 145 feet to the Point of ALFA; EXCEPTING THEREFROM all coal, oil, gas and other mineral deposits, as reserved in the Patent recorded in Book 53, page 380 of Deeds, records of Pinal County, Arizona. PARCEL NO. 4:103-22-010A That part of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, described as follows: BEGINNING at a point 234 feet South of the Northwest corner of the Southwest quarter of Section 34, Township 1 North, Range 8 East; Thence South 200 feet along the West Section line; Thence East, parallel to the North Section line, a distance of 435.6 feet; Thence North 200 feet parallel to the West Section line; Thence West 435.6 feet to the point of BEGINNING; EXCEPT that portion of the West 435.60 feet of the South 200 feet of the North 434 feet of the Northwest quarter of the Southwest quarter, Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, which lies Westerly of the following described line: BEGINNING at a point on the West line of said Section 34, which point bears South 0 degrees 06 minutes 00 seconds East 434 feet from the West quarter corner of said Section 34; Thence North 89 degrees 54 minutes 00 seconds East 56.99 feet; Thence North 7 degrees 01 minutes 37 seconds East 201.47 feet. AND EXCEPT the East 25 feet of the West 435.60 feet of the South 200 feet of the North 434 feet of the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, deeded to the State of Arizona in instrument recorded in Docket 814, page 399. TOGETHER WITH a right of reasonable access to Tomahawk Road as shown on the map and plans of project F028-1 (1) in the office of the State Engineer, Phoenix, Arizona. EXCEPTING and reserving, however, unto the United States of America, all the coal, and other minerals in the lands, as set forth in the Patent of said land. PARCEL NO. 5: 103-22-010B and 103-22-021 That portion of the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, described as follows: Beginning at the West quarter corner of said Section 34; Thence South 00 degrees 06 minutes 00 seconds East, along the West line thereof, a distance of 434.00 feet; Thence North 89 degrees 54 minutes 00 seconds East a distance of 50.0 feet to the TRUE POINT OF BEGINNING on the existing easterly right of way line of Tomahawk Road; Thence North 89 degrees 57 minutes 30 seconds East, a distance of 360.60 feet; Thence North 00 degrees 06 minutes 00 seconds West, a distance of 200.00 feet; Thence North 89 degrees 57 minutes 30 seconds East, a distance of 197.90 feet; Thence South 00 degrees 06 minutes 00 seconds East, a distance of 50.00 feet; Thence South 89 degrees 57 minutes 30 seconds West, a distance of 147.90 feet; Thence South 00 degrees 06 minutes 00 seconds East, a distance of 200 feet; Thence South 89 degrees 57 minutes 30 seconds West, a distance of 410.60 feet to the aforesaid existing easterly right of way line; Thence North 00 degrees 06 minutes 00 seconds West, along said easterly right of way line, a distance of 50.00 feet to the TRUE POINT OF BEGINNING; EXCEPTING THEREFROM all coal, oil, gas and other mineral deposits, as reserved in the Patent recorded in Book 53, page 380 of Deeds, records of Pinal County, Arizona. PARCEL NO. 6: 103-22-022 (ADOT R.O.W) That portion of the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, which lies northerly of a line that begins at a point on the West Line of said Section 34, which bears South 434 feet from the West quarter corner of said Section 34; Thence East 56.99 feet; Thence North 07 degrees 00 minutes 00 seconds East, a distance of 346.63 feet; Thence North 85 degrees 00 minutes 00 seconds East, a distance of 1103.58 feet to the POINT OF ENDING on the north line of said Northwest Quarter of the Southwest quarter of section 34, thereof; Except the West 50 feet of the property described immediately above. CITY OF APACHE JUNCTION, ARIZONA, ANNEXATION AND REZONING MAP EXHIBIT "B" ZONING CLASSIFICATIONS FOR ANNEXED TERRITORY A. The zoning district classifications on the Zoning District Map, City of Apache Junction, Arizona, be and hereby are amended by adopting and establishing City of Apache Junction zoning district classifications from the former Pinal County General Rural ( "GR" ) zone to the City of Apache Junction classification of General Rural Low Density Single-family Detached Residential ( "RS-GR" ) , and from the former Pinal County Multiple-Family Residential ( "CR-4" ) zone to the City of Apache Junction classification of Very High Density Multiple-Family Residential ( "RM-311 ) zone, for the territories as depicted and described in the preceding Exhibit "A" . City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 13. Piz File ID: 14-600 Sponsor: Bryant Powell Agenda Date: 12/16/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, January 5, 2015. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 14. Piz File ID: 14-601 Sponsor: Bryant Powell Agenda Date: 12/16/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. for Tuesday, January 6, 2015. Other meetings if necessary. City of Apache Junction,Arizona Page 1 Printed on 611512026