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HomeMy WebLinkAbout2020 02.18 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers 1U Z at City Hall \ -` �► Agenda 300 E.Superstition Blvd \gilONr Apache Junction,AZ City Council Meeting 85119 www.ajcity.net Ph:(480)982-8002 Tuesday, February 18,2020 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. 20-056 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 20-057 Consideration of approval of minutes of the regular meeting of February 4, 2020. Sponsors: Jennifer Pena Attachments: 02.04.20 Minutes 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. 3. 20-063 Presentation of proclamation recognizing March 29, 2020 as Vietnam War Veterans Day. Sponsors: Jennifer Pena Attachments: Vietnam War Veterans Day 2020 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. City of Apache Junction,Arizona Page 1 Printed on 2/12/2020 City Council Meeting Agenda February 18,2020 4. 20-058 Announcement of current events from mayor and councilmembers. Sponsors: Jeff Serdy 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. 5. 20-059 City Manager's Report. 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. 6. 20-043 Consideration of application for a series 007 beer and wine liquor license for applicant Jeffrey Craig Miller, for Fry's Marketplace#665 located at 150 E. Old West Highway, Apache Junction, AZ. 85119. The next step in this process is for the city council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Sponsors: Jennifer Pena Attachments: Fry's#665-150 Old West Hwy-REDACTED Liquor License APl Memorandum to City Council -Fry's Fry's Marketplace#665- Planning &Zoning Recommendation Fry's Marketplace#665-SFMD Recommendation Fry's Marketplace#665- PD Recommendation Fry's Marketplace#665-Building&Safety Recommendation City of Apache Junction,Arizona Page 2 Printed on 2/12/2020 City Council Meeting Agenda February 18,2020 7. 20-050 Consideration of application for a special event liquor license for applicant Russell St. John of the Boys & Girls Club of the East Valley-Metro Phoenix 2020 Yesteryear Fundraising event, to be held at Dolce Vita located at 2602 S. Goldfield Rd., Apache Junction, AZ. This event will be held on Saturday, April 4, 2020 from 5:00 p.m. to 11:00 p.m. The next step in this process 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. Sponsors: Jennifer Pena Attachments: BOVS&Girls Club-Dolce Vita Application Memorandum for City Council-Boys&Girls Club--Dolce Vita SFMD Recommendation PD Recommendation P&Z Recommendation B&S Recommendation 8. 20-055 Consideration of application for a special event liquor license for applicant Lindsey Pittman of Superstition Harley-Davidson for the Manes and Miracles event, to be held at Superstition Harley-Davidson located at 2910 W. Apache Trail, Apache Junction, AZ. This event will be held on Saturday, February 29, 2020 at 4:00 p.m. The next step in this process 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. Sponsors: Jennifer Pena Attachments: Application-Superstition Harley-Davidson- Manes&Miracles I Memorandum for City Council-Superstition Harley-Davidson Building &Safety Recommendation SFMD Recommendation P&Z Recommendation I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. City of Apache Junction,Arizona Page 3 Printed on 2/12/2020 City Council Meeting Agenda February 18,2020 9. 20-040 Presentation and discussion on Fiscal Year 19-20 Council Work Plan - 2nd Quarter Update. Sponsors: Anna McCray Attachments: FY 19-20 Work Plan -2nd quarter update FY 19-20 Work Plan Presentation 2nd quarter update 10. 20-064 Presentation, discussion and consideration of proposed Resolution No. 20-04, supporting pending legislation House Bill 2705 regarding absentee landlords of vacant and abandoned buildings. Sponsors: Anna McCray Attachments: Resolution No.20-04 Abandoned-Vacant Property Legislation HB 2705 Presentation 11. 20-067 Presentation and discussion on pending legislation in the Arizona State legislature. Sponsors: Anna McCray Attachments: Presentation 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 12. 20-060 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, March 2, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, March 3, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. Sponsors. Bryant Powell 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.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. City of Apache Junction,Arizona Page 4 Printed on 2/12/2020 City Council Meeting Agenda February 18,2020 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. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 5 Printed on 2/12/2020 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 1. PizoNr File ID: 20-056 Sponsor: Jennifer Pena Agenda Date: 2/18/2020 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 211212020 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.2. PizoNr File ID: 20-057 Sponsor: Jennifer Pena Agenda Date: 2/18/2020 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of February 4, 2020. City of Apache Junction,Arizona Page 1 Printed on 211212020 City of Apache Junction, Arizona Meeting location: pi City Council Chambers Meeting Minutes at City Hall =.s 300 E.Superstition Blvd �Ri2�N* CityCouncil Meeting Apache Junction,AZ g 85119 www.ajcity.net Ph:(480)982-8002 Tuesday, February 4,2020 7:00 PM City Council Chambers ITEM #7 ON AGENDA WAS AMENDED 02/03/2020 AT 10:15AM A. CALL TO ORDER Mayor Serdy called the meeting to order at 7:03 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Wilson gave the invocation and Councilmember Barker led the meeting attendees in the Pledge of Allegiance C. ROLL CALL Present: 7- Mayor Serdy Vice Mayor Wilson Councilmember Barker Councilmember Evans Councilmember Rizzi Councilmember Schroeder Councilmember Struble Staff in Attendance: Bryant Powell, City Manager Matt Busby,Assistant City Manager Anna McCray,Assistant to City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Al Bravo, Public Information Officer Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager/Zoning Administrator Liz Langenbach, Parks& Recreation Director Kent Fowler, Police Officer D. CONSENT AGENDA Vice Mayor Wilson moved,seconded by Councilmember Barker to approve the consent agenda and approve the minutes of January 21,2020. 1. 20-035 Consideration of acceptance of agenda. Yes: 5- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Rizzi and Councilmember Struble City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes February 4,2020 No: 0 Excused: 2- Councilmember Evans and Councilmember Schroeder 2. 20-036 Consideration of approval of minutes of the regular meeting of January 21, 2020. Yes: 5- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Rizzi and Councilmember Struble No: 0 Excused: 2- Councilmember Evans and Councilmember Schroeder E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Serdy asked Councilmember Rizzi to make a special announcement. Councilmember Rizzi then announced the winner of the 2019 3rd annual holiday light decorating competition. The winner was the Handlebar Pub and Grill. Ms. Heidi Geldis from the Chamber was present, representing the judging committee, the Mayor and Councilmember Rizzi then presented the award to Candace Plzak, owner of the restaurant. Mayor Serdy then read a proclamation on the 100th anniversary of the Women's Suffrage Movement. The League of Women Voters was founded on February 14, 1920 in Chicago just six months before the 19th amendment was ratified. F. ANNOUNCEMENT OF CURRENT EVENTS 3. 20-037 Announcement of current events from mayor and councilmembers. Councilmember Struble announced on January 26th they held the 3rd annual AJ Kid's Idol talent competition. He thanked everyone for coming out to support the kids and raise funds which are donated back to the community, usually back to Apache Junction Unified School District. He then announced the winners. In the K-6 category was a duet by Ava Sartan and Jade Grogen. In the 7-12 category Avery Fisher, a sophomore at Apache Junction High School won first place, and the fan favorite was Cole Denham. Vice Mayor Wilson thanked the local ROTC for inviting him and his wife to the Navy Ball. He is retired Air Force, and they both enjoyed the evening very much. One of the ROTC members had received 3 offers of a full ride scholarship to either Ohio State, ASU, or NAU. The young man is holding his response until he hears whether he will be accepted into the Army or Naval Academy. Councilmember Barker reminded everyone of the Lost Dutchman Marathon on the weekend of the 16th. There will be a statewide hoop shoot on the 15th. There is a young lady from Apache Junction competing in the 12-13 year old category named Brooklyn Neace. Assistant City Manager read comments from Councilmember Evans. She wished to remind everyone of Project Connect on Saturday, February 8th. She also wanted to announce the Family Fun Fest on Saturday, February 22nd. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes February 4,2020 Mayor Serdy announced the City of Mesa recently held their state of the city and charged approximately$50.00 per person to attend. There were roughly 900 attendees. He stated the Apache Junction State of the City will be held Wednesday, February 12th at 7 p.m. at the performing arts center at the high school. Everyone is welcome and it is free! G. CITY MANAGER'S REPORT 4. 20-038 City Manager's Report. Assistant City Manager Matt Busby provided the City Manager's report. City Manager Bryant Powell was at Sr. Night at the high school and would be joining the meeting in just a few minutes. Mr. Busby stated Mr. Fox Young was present to provide an update on the Friends of Apache Junction, the Community Development Corporation and Community corporate sponsorships. 5. 20-029 Discussion and update on Friends of Apache Junction, Community Development Corporation (CDC) and Corporate Sponsorships. Mr. Busby introduced Fox Young from the Development Services Department to give an update on the programs and resources for the city. Mr. Young, Program and Resource Coordinator stated there was over$57,000 donated to the Friends of Apache junction (FOAJ) in 2019. The Friends of Apache Junction donated over $45,000 for city events, programs and improvements. they have a new interactive website that will go live on February 27, 2020. He also reported during the 2019 FOAJ golf tournament netted over$7,500 in support for the city. Mr. Young then updated the council on the activities of the Apache Junction Community Development Corporation. Their main event was the Make a Difference Day this last year. There were 130 volunteers and the three areas they focused on was the median project on Apache Trail, Flatiron Park and various neighborhood enhancements. The total city benefit with partnerships from the community was $63,926. The Park and Recreation department received $34,000, Library$21,096 and the Police department received $7,400. Councilmember Rizzi inquired when donations are made on the FOAJ website, are people able to designate the department or project? Mr. Young stated they could. H. PUBLIC HEARINGS 6. 20-042 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1487, case PZ-8-19, a request by Arizona Water Company, represented by Nicholas Maxwell of Coe and Van Loo Consultants, rezoning 6.91 acres zoned General Commercial (B-1), General Commercial by Planned Development(B-1/PD), and Medium/High Density Single-Family Detached Residential (RS-7)to Public and Institutional by Planned Development(PI/PD). City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes February 4,2020 Councilmember Rizzi moved,seconded by Vice Mayor Wilson that Ordinance No. 1487 be read by title only and the reading of the entire ordinance be waived. City Clerk Jennifer Pena read Ordinance No. 1487 by title only. Councilmember Rizzi moved,seconded by Councilmember Barker that Ordinance No. 1487 as read by the city clerk be approved and adopted. Yes: 5- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Rizzi and Councilmember Struble No: 0 Excused: 2- Councilmember Evans and Councilmember Schroeder Kelsey Schattnik, planner in Development Services presented case PZ-8-19, a request by Arizona Water Company to rezone 6.91 acres currently zoned General Commercial (B-1), General Commercial by Planned Development(B-1/PD), and Medium/High Density Single-Family Detached Residential (RS-7)to Public and Institutional by Planned Development (PI/PD). the request is to rezone all three parcels to PI/PD (Public and Institutional by Planned Development)to facilitate a lot combination and to allow for the future expansion of their facility. Her staff report noted the 6.91 acres is a privately-owned piece of land surrounded by residentially zoned land to the north, east, and west and commercially zoned land directly to the east along Southern Avenue. Pinal County is located to the south. The current facility has existed for many years and does not represent a new use in the neighborhood. Rezoning will facilitate construction of future buildings and allow for an expanded equipment yard. All utility services are readily available to this development. Half street improvements along with onsite improvements will be completed by the applicant/developer at the time of construction. Over the next 2 years, additional improvements that will be made to the property will include constructing additional office space, warehouse, storage facilities, and parking, which will be located behind the existing office building on an enclosed, fenced lot. Neighborhood meeting notification letters were sent from the applicant to all property owners within a 300-foot radius of the subject site. The applicant also sent additional notices to residents who had previously provided their contact information. On December 5, 2019, the applicant held a formal neighborhood meeting and a total of 19 people attended. The questions and comments received were primarily related to safety, traffic circulation, and overall aesthetics of the site. The city has also sent out public hearing notices noting the time, place, and proposed request. Staff has not received any comments regarding the rezoning request. Staff recommends approval of the rezoning case subject to the Planning Division conditions of approval, which are as follows: 1. The uses allowed to locate shall be limited to the use normally allowed in the Apache Junction City Code, Volume 2, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-5, Zoning Bulk and Use Regulations, Section 1-5-3 Non-Residential Use Regulations, PI zoning district. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes February 4,2020 2. The project shall be developed in accordance with the plans submitted with case PZ-8-19 and all the provisions of the Apache Junction City Code, Volume 2, Land Development Code, Chapter 1, Zoning Ordinance applicable to this case. 3. Upon approval of the rezoning, existing parcels 102-11-001 B, 102-11-001 F, and 102-11-0170 will be combined into one cohesive parcel through the city's lot combination process. 4. Developer shall construct offsite half-street improvements including but not necessarily limited to dedication of adjacent rights-of-way, including 50' for Southern Avenue, 40'for Delaware Drive and any necessary cutoff corners for visibility, extension of pavement and the provision of sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants and landscaping and shall be required as part of this planned development project, and subject to review and approval by the City Engineer. 5. All applicable permits shall be applied for and plans shall be designed to current City codes prior to any lot grading or construction on the lots. Inclusively, all applicable development fees shall be paid at the time of permit issuance. 6. Landscape, screening and irrigation improvements, planted within a minimum 10-feet deep strip inside the net property line (but outside of required walls), shall be provided in compliance with the city's landscape and screening requirements contained in Apache Junction City Code, Volume ll, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-8, Landscape Regulations, along the street frontage of the proposed expansion areas. Larry Kirch, Development Services Director answered questions from Council related to the number of lanes on Southern, which is set for improvements of curb, gutter and sidewalks on both sides, and increased visibility at the southwest corner of Delaware and Southern. There will be increased lighting as well. Applicant Nick Maxwell, applicant spoke briefly on the height of the storage facility, approximatly 12-16 feet tall with a 10 foot buffer to the wall at the north that backs up to residential back yards. This is the existing wall of the residents, they do not plan on building an additional wall. In response to questions from Councilmember Barker, Mr. Maxwell said they could accomodate moving the storage structures a bit more south away from the neighbors at the north of the property. Mayor Serdy opened the public hearing. George Schroeder, 244 W. Virgiania St. Apache Junction, commented the developer should move the access point farther back to allow for a turning lane. Receiving no other comments, he closed the public hearing and called for a motion. City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes February 4,2020 7. 20-034 Presentation, discussion, public hearing and consideration of Resolution 20-02 finding and determining certain facts and adopting the General Plan 2020-2050 Legendary Landscapes and Lifestyles, and submitting the "Plan" to the city voters at the August 4, 2020 election for ratification. Councilmember Barker moved,seconded by Councilmember Struble that Resolution No.20-02,a resolution of the mayor and city council of the City Of Apache Junction,Arizona,finding and determining certain facts and adopting the 2020-2050 general plan,and submitting the plan to the city voters at the August 4,2020 election for ratification be approved. Yes: 5- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Rizzi and Councilmember Struble No: 0 Excused: 2- Councilmember Evans and Councilmember Schroeder Sidney Urias, Sr. Planner, briefly reviewed his presentation given to council last month. During that presentation he gave an overview of the public input process, the surveys that were conducted, public meetings held and input they receive from the Planning Commission. They also went over the formatting of the plan, the 12 elements within the plan, growth area elements and minor administrative edits. Since the last presentation to council, they have held two public hearings. Mr. Urias then reviewed the administrative edits. He said the Planning and Zoning Commission has recommended approval of the general plan and the item is before the council for ratification and formalizing the direction that the General Plan be submitted to the voters in the fall election. Mr. Kirch also wanted to thank staff and the residence for all the time and input they provided; without them and their help it would not have been possible. He stated while the General Plan is adopted every 10 years they worked on a plan to cover the next 30 years. Mr. Kirch then highlighted unique aspects of Apache Junction's General Plan. This included a downtown development plan, not normal for a city of its size, the intergovernmental cooperation element with the Town of Queen Creek, the AJ School District, the Bureau of Land Management, Tonto National Forest Service, our federal, state, and county agencies. They all had input and provided up to date statistics to the general plan. The other piece is the land use element and this is the Active Transportation Plan. The city has 6 miles on the north side and six miles on the east side, near Silly Mountain, that is either BLM land or State trust land. The city also has 15,000 Acres south of Baseline of State trust land. When developing this land, the preservation of open space should be the priority and any development should be clustered. City Manager Bryant Powell thanked staff again for doing such an incredible job. He stated most cities hire an independent consultant to create the General Plan which can cost hundreds of thousands of dollars. This was all done internally by staff. He thanked Sidney and staff for an amazing job and working with so many outside entities. This is another example of how the city utilizes its staffs talent while saving the city a tremendous amount of money. City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes February 4,2020 Mayor Serdy opened the public hearing. George Schroeder, 244 W. Virginia St. Apache Junction, stated the reason people come to our city is they don't want to live in an area that looks like a city. We need to shut it all down. Nothing has been done on his street and they can't decide if his area is a flood plain or not. He stated the plan is nothing. It does not help him or his neighbors, it only makes someone look good. He stated it will not help the community at all. Mayor Serdy closed the public hearing. Councilmember Struble thanked the residents and staff for all the input and work they did on setting future plans and goals for the community. I. OLD BUSINESS J. NEW BUSINESS 8. 20-008 Discussion on city fireworks policy. City Council members had received several comments on the fireworks that went off on Christmas and New Years. The complaints consisted of excessive explosions and launched fireworks which are illegal in the state of Arizona. Councilmember Rizzi addressed the fact that while the city does have an ordinance prohibiting the use of the illegal fireworks, it can be difficult to catch these people. They know it is illegal, so they run off once they light them. It is dangerous for the animals as well as the environment. This year was a bad year and several animals were injured. She had asked the City Attorney to provide insight on the matter as a way of informing and updating the council and the public on the law. Joel Stern, city attorney, stated if someone is sighted shooting off fireworks it is a civil penalty. In 2015 the legislature preempted cities on the regulation of fireworks. It is still illegal for fireworks regardless of what or how they are classified, to be shot into the air. He clarified that while it is legal to purchase these illegal fireworks, you just cannot shoot them into the air. Mr. Stern reviewed the penalties and fines. Mayor Serdy introduced Fire Chief Farber who spoke at great length on permissible fireworks. He also spoke that if the risk of a wildfire is high enough, a complete ban on fireworks can be done. If someone is recording the lighting of these illegal fireworks with their cell phone, it could be used in court to prosecute, you just need a witness who was present. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES City of Apache Junction,Arizona Page 7 City Council Meeting Meeting Minutes February 4,2020 9. 20-039 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, February 17, 2020 is cancelled in honor of President's Day. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, February 18, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. Vice Mayor Wilson moved,seconded b Councilmember Barker that an Executive Session at 6:00 P.M.and Work Session at 7:00 P.M.for Monday, February 17,2020 be cancelled in honor of President's Day. That an Executive Session at 6:00 P.M.and Work Session at 7:00 P.M.for Tuesday, February 18,2020 be held in the city council conference room and city council chambers located at 300 E.Superstition Boulevard,Apache Junction,Arizona, respectively; and other meetings if necessary. Yes: 5- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Rizzi and Councilmember Struble No: 0 Excused: 2- Councilmember Evans and Councilmember Schroeder M. CALL TO PUBLIC George Schroeder, 244 W. Virginia St., Apache Junction agreed fireworks is a problem. He spoke randomly on the legislature, city streets, abandoned houses, and trash service. William Wallingford 2055 N. Cortez Rd. Apache Junction presented a video on HB2389, which would require prosecution of a noise violation to include an accurate recording and measurement of the noise by a peace officer using specified standards. There is an emergency clause to the bill as well making it retro active. The recording is of the hearing of this bill heard at the Regulartoy Affairs committee on February 3, 2020. The bill was submitted by Representative Kelly Townsend related to noise complaints and requiring the use of sound meters. Mo (Mehmood) Mohiuddin spoke on the matter and Mr. Wallingford believes Mr. Mohiuddin to be lying and for council to be aware of what he said. Mr. Wallingford stated Representative Biggs was also present. In the video Mr. Mohiuddinh states he owns a business called the Hitching Post, the neighbors moved in about 1 year ago, about 9-12 neighbors. The neighbors are complaining about the noise coming from the Hitching Post and have placed approximately 289 phone calls to the Police Department in the last 2 years. He believes city employees are directing the neighbors to call the Police Department and Code Compliance and complain. He stated the neighbors are directing the police not to bother with a follow up call,just send the findings or file to the city attorney;'s office and code compliance office. He stated he has 15 counts of criminal nuisance charges against him and there is no evidence. they have a video, but a company he sent the video to said it has been altered. Mr. Mohiuddin stated he has several police logs stating just that. He has 15-18 criminal nuisance charges filed against him by the neighbors and the case is at the County Attorney's office. The County Attorney won't drop the charges. Mr. Mohiuddin believes the city is trying to make the property a nuisance so it can sell it to the City of Apache Junction,Arizona Page 8 City Council Meeting Meeting Minutes February 4,2020 highest bidder. He is sitting on 18 acres. He had to sell his house to pay for his attorney's fees. He would like help. Donna Carr, 2178 W. Virginia St. Apache Junction, said if you follow the money, Republic Services is owned by black Stone Corporation. You always say shop local. She said she should not be forced into having a specific trash hauler, she should have a choice. Follow the money, this is a large corporation. She should have a choice in her trash provider. Ken Coburn, 384 N. Valley Dr. Apache Junction, stated he was the individual that asked council to look into the city code so he could use storage containers as a shed. The current code requires 1.25 acres to have a cargo container on your property. He only wants to use if for storage. No to add an extra housing unit to his property, or convert it to an backyard apartment. He feels the discussion is beyond what he was asking for. N. ADJOURNMENT Mayor Serdy adjourned the meetign at 8:32 p.m. ACCEPTED THIS DAY OF 2020, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 12020. JEFF SERDY Mayor ATTEST: JENNIFER PENA 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 day of , 2020. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 12020. City of Apache Junction,Arizona Page 9 City Council Meeting Meeting Minutes February 4,2020 JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 10 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 3. PizoNr File ID: 20-063 Sponsor: Jennifer Pena Agenda Date: 2/18/2020 Index: In Control: City Council Meeting Presentation of proclamation recognizing March 29, 2020 as Vietnam War Veterans Day. City of Apache Junction,Arizona Page 1 Printed on 211212020 r Vrorlam tion "VIETNAM WAR VETERANS DAY" MARCH 29, 2020 WHEREAS, today we recognize the more than three million Americans who served in the Vietnam War and the nearly 58,000 men and women who died or were lost during the war; and WHEREAS, throughout our Country's history, thousands of Arizona Citizens have fought in wars and conflicts to defend our safety and way of life; and WHEREAS, their legacy of patriotism and dedication to country is an inspiration to all Americans; and WHEREAS, it is appropriate that all Arizona citizens remember the bravery of those who gave their lives, so that their sacrifices serve as a reminder of the cost of our freedom, NOW, THEREFORE, I, Jeff Serdy, Mayor of Apache Junction, Arizona, do hereby proclaim March 29, 2020 to be, VIETNAM WAR VETERANS DAY and urge all the citizens of Apache Junction to take cognizance of this event and participate fittingly in its observance. Signed and attested to this 181h day of February, 2020. JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No.4. Piz File ID: 20-058 Sponsor: Jeff Serdy Agenda Date: 2/18/2020 Index: In Control: City Council Meeting Announcement of current events from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 211212020 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 5. Piz File ID: 20-059 Sponsor: Bryant Powell Agenda Date: 2/18/2020 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 211212020 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.6. PizoNr File ID: 20-043 Sponsor: Jennifer Pena Agenda Date: 2/18/2020 Index: In Control: City Council Meeting Consideration of application for a series 007 beer and wine liquor license for applicant Jeffrey Craig Miller, for Fry's Marketplace#665 located at 150 E. Old West Highway, Apache Junction, AZ. 85119. The next step in this process is for the city council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. City of Apache Junction,Arizona Page 1 Printed on 211212020 State of Arizona Department of Liquor Licenses and Control Created 01/06/2020 @ 08:37:31 AM Local Governing Body Report LICENSE Number: 07113504 Type: 007 BEER AND WINE BAR Name: FRY'S MARKETPLACE#665 State: Pending Issue Date: Expiration Date: Original Issue Date: Location: 150 E OLD WEST HIGHWAY APACHE JUNCTION,AZ 85119 USA Mailing Address: PO BOX 305103 NASHVILLE,TN 37230 USA Phone: (623)936-2100 Alt.Phone: (480)730-2675 Email: RHONDA@AZLIC.COM AGENT Name: JEFFREY CRAIG MILLER Gender: Male Correspondence Address: 9780 W NORTHERN AVENUE #1380 PEORIA,AZ 85345 USA Phone: (480)730-2675 Alt.Phone: Email: CRAIGMILLER@AZLIC.COM OWNER Name: SMITH'S FOOD&DRUG CENTERS INC Contact Name: JEFFREY MILLER Type: CORPORATION AZ CC File Number: F00429543 State of Incorporation: OH Incorporation Date: 04/20/1989 Correspondence Address: PO BOX 305103 NASHVILLE,TN 37230 USA Phone: (480)730-2675 Alt. Phone: Email: RHONDA@AZLIC.COM Page I of 5 Officers/Stockholders Name: Title: %Interest: FRED MEYER INC Stockholder 100.00 MONICA JEAN GARNES VP,Pres DAVID RICHARD WEAKLAND VP,CFO TODD ALLEN FOLEY VP/CORPORATE CONTROLLER JEFFREY CRAIG MILLER PARTNER MARION DANIEL KREKELER VP SMITH'S FOOD & DRUG CENTERS INC - PARTNER Name: JEFFREY CRAIG MILLER Gender: Male Correspondence Address: 9780 W NORTHERN AVENUE #1390 PEORIA,AZ 85345 USA Phone: (480)730-2675 Alt.Phone: Email: CRAIGMILLER@AZLI C.COM SMITH'S FOOD & DRUG CENTERS INC - VP,CFO Name: DAVID RICHARD WEAKLAND Gender: Male Correspondence Address: PO BOX 305103 NASHVILLE,TN 37230 USA Phone: (623)907-1907 Alt.Phone: Email: DAVE.WEAKLAND@FRYSFOOD.COM SMITH'S FOOD & DRUG CENTERS INC - VP,Pres Name: MONICA JEAN GARNES Gender: Female Correspondence Address: PO BOX 305103 NASHVILLE,TN 37230 USA Phone: (623)907-1902 Alt.Phone: Email: MONICA.GARNES@FRYSFOOD.COM Page 2 of 5 SMITH'S FOOD & DRUG CENTERS INC - Stockholder Name: FRED MEYER INC Contact Name: JEFFREY MILLER Type: CORPORATION AZ CC File Number: State of Incorporation: Incorporation Date: Correspondence Address: PO BOX 305103 NASHVILLE,TN 37230 USA Phone: (480)730-2675 Alt.Phone: Email: RHONDA@AZLIC.COM FRED MEYER INC - Stockholder Name: KROGER CO Contact Name: JEFFREY MILLER Type: CORPORATION AZ CC File Number: State of Incorporation: OR Incorporation Date: Correspondence Address: PO BOX 305103 NASHVILLE,TN 37230 USA Phone: (480)730-2675 Alt.Phone: Email: RHONDA@AZLIC.COM FRED MEYER INC - VP KROGER CO - Treas SMITH'S FOOD & DRUG CENTERS INC -VP Name: MARION DANIEL KREKELER Gender: Male Correspondence Address: PO BOX 305103 NASHVILLE,TN 37230 USA Phone: (615)232-9777 Alt.Phone: Email: DAN.KREKELER@KROGER.COM KROGER CO - Treasurer SMITH'S FOOD & DRUG CENTERS INC - VP/CORPORATE CONTROLLER Name: TODD ALLEN FOLEY Gender: Male Correspondence Address: PO BOX 305103 NASHVILLE,TN 37230 USA Phone: (513)762-4339 Alt. Phone: Email: TODD.FOLEY@KROGER.COM Page 3 of 5 APPLICATION INFORMATION Application Number: A1138983 Application Type: New Application Created Date: 01/06/2020 QUESTIONS & ANSWERS 007 Beer and Wine Bar 1) If you intend to operate the business while your application is pending you will need an interim permit pursuant to A.R.S.§4-203.01.Would you like to apply for an Interim Permit? If yes,after completing this application,please go back to your Licensing screen,under New License Application choose"Interim Permit"from the drop-down window. No 2) Have you submitted a questionnaire?Each person listed must submit a questionnaire and mail in a fingerprint card along with a$22.processing fee per card. Yes 3) Please provide name,address,and Distance of nearest school. APACHE TRAIL HIGH SCHOOL-2452 FEET 945 APACHE TRAIL,APACHE JUNCTION,ARIZONA 85119 4) Please provide name,address,and distance of nearest church. FIRST BAPTIST CHURCH OF APACHE JUNCTION-2000 FEET 235 S THUNDERBIRD DRIVE,APACHE JUNCTION,ARIZONA 85119 5) Are you a tenant?(A person who holds the lease of a property;a lessee) No 6) Is there a penalty if lease is not fulfilled? No 7) Are you a sub-tenant?(A person who holds a lease which was given to another person(tenant)for all or part of a property) No 8) Are you the owner? Yes 9) Are you a purchaser? No 10) Are you a management company? No 1 1) Is the Business located within the incorporated limits of the city or town of which it is located? Yes 12) What is the total money borrowed for the business not including the lease? Please list lenders/people owed money for the business. $0 13) Have you provided a diagram of your premises? Yes 14) is there a drive through window on the premises? No 15) If there is a patio please indicate contiguous or non-contiguous within 30 feet. NONE 16) Is your licensed premises now closed due to construction,renovation or redesign or rebuild? No Page 5 of 5 ........... ........ .... I ...... OKI I `I �. h ull PAT.1!-*.A,, !,L3r-gi W-M We Uz-Z Lam 71 low Nat FEBRUARY 18, 2020 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER THROUGH: JENNIFER PENA, CITY CLERK FROM: MAUREEN FREDRICKSON, OFFICE SUPPORT SPECIALIST SUBJECT: APPLICATION FOR A SERIES 007 BEER AND WINE LIQUOR LICENSE FOR FRY'S MARKETPLACE #665, 150 OLD WEST HIGHWAY, APACHE JUNCTION, ARIZONA An application for a Series 007 Beer and Wine liquor license has been submitted by Jeffrey Craig Miller of the Fry's Marketplace #665 located at 150 E. Old West Highway, Apache Junction, Arizona, 85119. Correspondence related to inspections of the premises for safety and code compliant matters have been received from the Planning & Zoning Division, Apache Junction Police Department, Building & Safety Division, and the Superstition Fire and Medical District. These entities find compliance with the inspection requirements. 1. The City Council will hold a public hearing on the matter. The applicant was notified by mail of the meeting and requested to attend to address any questions the council may have. 2. The City Council will then make a recommendation of approval or denial to the Arizona State Liquor Licenses and Control regarding the application. Good morning. SFMD recommends approval of this application. Thank you. Tina Gerola I Community Risk Reduction Specialist Office (480) 982-4440 ext. 104 Mobile (480) 416-9775 NEW MOBILE NUMBER Office Hours I Monday-Thursday from 7am-6pm Website I sfmd.az. ov Connect with us! 0©@ 0 0(3) From: Maureen Fredrickson <mfredrickson@AJCity.Net> Sent: Wednesday,January 15, 2020 2:51 PM To: Rudy Esquivias<resguivias@aicity.net>; Dave Zellner<dzellner@AJCity.Net>; Tina Gerola <tina.gerola@sfmd.az.gov> Cc: Larry Kirch<Ikirch@AJCity.Net>;Jennifer Pena <ipena@AJCity.Net> Subject: Fry's Marketplace#665 Good Afternoon, We have received a 007 Beer and Wine Bar Liquor License application from Fry's Marketplace#665, 150 E. Old West Hwy., Apache Junction, AZ., 85119. Please submit your department recommendations to me no later than Tuesday,January 28, 2020 by noon in order for your comments to be included in the packet for the city council meeting scheduled for Tuesday, February 18, 2020. Thank you so much and have a great weekend!! c�ryeit rcA<joit Office Support Specialist City Hall 300 E. Superstition Blvd. Apache Junction, AZ. 85119 Ph(480)474-5050 mfredrickson@aicity.net The Superstition Fire and Medical District formerly the Apache Junction Fire District has changed email addresses. The email address format is now firstname.lastnamegsfmd.az.gov please make this change in your address book. The police department has no objection. Thom Parker On Jan 15, 2020, at 2:46 PM, Maureen Fredrickson <mfredrickson@aicity.net>wrote: Good Afternoon, We have received a 007 Beer and Wine Bar Liquor License application from Fry's Marketplace#665, 150 E. Old West Hwy., Apache Junction, AZ., 85119. Please submit your department recommendations to me no later than Tuesday,January 28, 2020 by noon in order for your comments to be included in the packet for the city council meeting scheduled for Tuesday, February 18, 2020. Thank you so much and have a great weekend!! Office Support Specialist City Hall 300 E. Superstition Blvd. Apache Junction, AZ. 85119 Ph(480)474-5050 mfredrickson@aicity.net <Fry's #665 -150 Old West Hwy-NOT REDACTED Liquor License Application.pdf5 The Fry's Marketplace was designed and permitted to sell and serve alcohol.To date no changes have been noted that affect prior approvals.The Building Division recommends approval. Respectfully, J. Davis "Dave" Zellner, C80 Building and Safety Manager - Development Services City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-5084 dzellnerkaicity.net Office Hours Monday—Thursday,7:00 am—6:00 pm,Closed on Fridays From: Maureen Fredrickson Sent: Wednesday, January 15, 2020 2:51 PM To: Rudy Esquivias; Dave Zellner; Tina Gerola Cc: Larry Kirch; Jennifer Pena Subject: Fry's Marketplace #665 Good Afternoon, We have received a 007 Beer and Wine Bar Liquor License application from Fry's Marketplace#665, 150 E. Old West Hwy., Apache Junction, AZ., 85119. Please submit your department recommendations to me no later than Tuesday,January 28, 2020 by noon in order for your comments to be included in the packet for the city council meeting scheduled for Tuesday, February 18, 2020. Thank you so much and have a great weekend!! z c�ryeit rc�dait Office Support Specialist City Hall 300 E. Superstition Blvd. Apache Junction, AZ. 85119 Ph(480)474-5050 mfredrickson@aicity.net ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 7. PizoNr File ID: 20-050 Sponsor: Jennifer Pena Agenda Date: 2/18/2020 Index: In Control: City Council Meeting Consideration of application for a special event liquor license for applicant Russell St. John of the Boys & Girls Club of the East Valley-Metro Phoenix 2020 Yesteryear Fundraising event, to be held at Dolce Vita located at 2602 S. Goldfield Rd., Apache Junction, AZ. This event will be held on Saturday, April 4, 2020 from 5:00 p.m. to 11:00 p.m. The next step in this process 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. City of Apache Junction,Arizona Page 1 Printed on 211212020 FOR DLLC USE ONLY U Received Date: Arizona Department of Liquor Licenses and Control Job#: 800 W Washington 5th Floor Phoenix, AZ 85007-2934 CSR: oco www.azliquor.gov �arzo (602)542-5141 License#: APPLICATION FOR SPECIAL EVENT LICENSE Fees:$25.00 per day for 1-10 days(consecutive)Cash Checks or Money Orders Only 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(101 business days nFor to the event. SECTION 1 Applicant must be a member of a qualifying nonprofit organization, political party, or Government entity and authorized by an Officer,Director,or Chairperson of the Organization. 1. Applicant: . SL, LSSeA\ Last First Middle Date of Birth 2. Applicant's mailing address: -">(a 0a- Li. S+Z-IS' IM gs 47 S Saoa- Street city IState Zip 3. Applicant's home/cell phone: (ga) -5-4-3-14(,-7q Applicant's business phone: 4. Applicant's email address: (1)S5e\� 5 (a' Cko-20ruPr, 02y SECTION 2 Name of Organization,Candidate or Political Party/Gov.:�gx I64-&N CL g -X—kLo- 6af- d allej — Meiy-p A 65e Y SECTION 3 Non-Profit/IRS Tax Exempt Number: SECTION 4 Event Location: Do,ce_ V14-C-1 ge� f 1-11�A- Event Address: 33A 5 , Goa%fCI—o RZ, 44e -1a icrii)d Az SS-10 9 SECTION 5 Dates and Hours of Event.Days must be consecutive but may not exceed 10 consecutive days. See A.R.S.§4-244(15)and(17)for legal hours of service. PLEASE FILL OUT A SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE"DAY Date Day of Week Event Start License End p Time AM/PM Time AM/PM DAY 1: n9 Io 0a.0 Sa r�� �i Da�,,� l; ( r, DAY 2: DAY 3: DAY 4: -C) C DAY 5: �° tv rn—� c-) M DAY 6: rn -n < DAY 7: C CD`— M DAY 8: --t 0 DAY 9: w DAY 10: 2/8/2019 Page 1 of 3 Individuals requiring ADA accommodations call(602)542-2999 AQUA 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.) P'A Number of Police �G� Number of Security Personnel ❑Fencing ❑Barriers Explanation: _ •J� `�v� pi) Y4c k -OaynAP_y coo I �Y'DU%C� �P�1.�y ©nP_V'ac �ellrl3 SECTION 7 Will this event be held on a currently licensed premise and within the already approved premises?❑Yes)gNo (If yes,Local Governing Body Signature not required) Name of Business Ucense Number Phone(Include Area Code) SECTION 8 How is this special event going to conduct all dispensing,serving,and selling of spirituous liquors? Please read R-19- 318 for explanation 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 OF USING RETAIL LICENSE, PLEASE SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISES TO SUSPEND OR RUN CONCURRENT WITH THE PERMANENT LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF THE PREMISES, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES.) SECTION 9 What is the purpose of this event? Tilbn-site consumption ❑Off-site (auction/wine/distilled spirits pull) []Both SECTION 10 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? ❑Yes No(If yes,attach explanation.) 2. How many special event days have been issued to this organization during the calendar year? (The number cannot exceed 10 days per year.) 3. Is the Organization using the services of a Licensed Contractor? ❑YesXNo If yes,please provide the following: Name of Licensed Contractor: 4. Is the organization using the services of a series 6, 7, 11,or 12 licensee to manage the sale or service of alcohol? ❑YesONo If yes, please provide the following:Name of Licensee License #: 5. 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 `i-(1(Z0 C 13 Ual - OTO '�"Percentage: I DO vj Address jQ CPdZ_ U. &6 Ll"Z 1p-09%. sw-c% ME S+ A2 fSc-ao 3- Name Percentage: Address Sheet CRY State Zip 2/8/2019 Page 2 of 3 Individuals requiring ADA accommodations call (602)542-2999 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 A SPECIAL EVENT UNLESS THEY ARE IN AUCTION WINE OR DISTILLED SPIRITS PULL SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE, SECTION 11 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. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ATTACH DIAGRAM 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. Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction. 1, (Print Full Name) 5-r-, SoN� hereby swear under penalty of perjury and in compliance with A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and v fy that the information and statements that I have made herein are true and correct to the best of my knowledge. Applicant Signature:— � LOCAL GOVERNING BOARD Date Received: I, recommend ❑APPROVAL ❑ DISAPPROVAL (Government Official) (Title) On behalf of (City,Town,County) Signature Date Phone DLLC USE ONLY ❑APPROVAL ❑DISAPPROVA. BY: DATE: A.R.S.§41-1030. Invalidity of rules not made according to this chapter:prohibited agency action;prohibited acts by state employees:enforcement:notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820. 2/8/2019 Page 3 of 3 Individuals requiring ADA accommodations call(602)542-2999 s u tea c m = oo a+ L a+ C41 U m " .0 LE ,�ww F+ 0 CL 0) .' O v 0 0 m tt- C vu'f U X IA O f0 yi ° 0 > C cn W N O u 'C �+ pp 0- 0 -0 e-i m Y +�+ L C m Lf) D '�_CL 0 � -------44-------- � C7 toi e-i 0 'C -------77------------- C $ �+ a)_0 LL I Ln � O C) I 0 w u CL > M r4 m c7 c' I LL o I N vi I W I Drink&Raffle W Nor coos a) IA I k1lo"' D } > COVERED o N Q u Q OUTSIDE ,,, N p I I PATIO ^ � o I I (v, .LAI I' o _ I J213 I o JOSUOd$o2S I I O t cc m co o Y I I I 3 0 c m I I m � Z 00 o ]G I Q Inside Bar Y I v Q a i I us I I s I I} EXIT/ENTRY g I IZ o = o I I' I W " J v o to I $ ° w I Z z w ,- o. a I La W z z U a 0H $ I N 0 j > W a I 0 z I L1J V I Q I Q I W 7 2r I 4�m�c°r Om I -----------------121----------------- PARKING ROAMING SECURITY FEBRUARY 18, 2020 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER JENNIFER PENA, CITY CLERK FROM: MAUREEN FREDRICKSON, OFFICE SUPPORT SPECIALIST SUBJECT: APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR RUSSELL ST. JOHN FOR THE BOYS & GIRLS CLUB OF THE EAST VALLY-METRO PHOENIX YESTERYEAR FUNDRAISING EVENT An application for a special event liquor license has been submitted by Russell St. John of the Boys & Girls Club of the East Valley-Metro Phoenix for Yesteryear fundraising event to be held at Dolce Vita. The event will take place on Saturday, April 4, 2020 from 5:00 p.m. — 11 :00 p.m. at 3301 S. Goldfield Rd., Apache Junction, AZ. Correspondence related to inspections of the premises for safety and code compliant matters have been received from the Apache Junction Police Department, Building and Safety Division, Planning and Zoning Department, Apache Junction Police Department, and the Superstition Fire and Medical District. 1. These entities find compliance with the inspection requirements. 2. The City Council will hold a public hearing on the matter. The applicant was notified by mail of the meeting and requested to attend to address any questions the council may have. 3. The City Council will then make a recommendation of approval or denial to the Arizona State Liquor Licenses and Control regarding the application. Good afternoon. SFMD recommends approval of this application and event. Thank you. iaTina Gerola I Fire Inspector Community Risk Reduction Specialist Superstition Fire&Medical District Office 1 (480) 982-4440 ext. 104 Mobile 1 (480) 416-9775 NEW MOBILE NUMBER OffirP Hrnirc I Mnnrlav-Thnrcciav from lam-hnm .IV I Connect with us! 0©@ 0 0 (3) From: Maureen Fredrickson <mfredrickson@AJCity.Net> Sent:Thursday,January 30, 2020 11:35 AM To: Dave Zellner<dzelIner@AJ City.Net>;Thomas Parker<tparker@aicity.net>; Rudy Esquivias <resguivias@alcity.net>;Tina Gerola<tina.gerola@sfmd.az.gov> Cc: Larry Kirch<Ikirch@AJCity.Net>;Thomas Kelly<tkelly@AJCity.Net> Subject: Boys&Girls Club-Special Event Dolce Vita Good Morning, We have received a Special Event License application from Russell St.John for the Boys&Girls Club of the East Valley-Metro Phoenix for an event to be held at Dolce Vita located at 3301 S. Goldfield Rd., Apache Junction, AZ.for their "Yesteryear" fundraiser. Please submit your department recommendations to me no later than Thursday, February 6, 2020 by noon in order for your comments to be included in the packet for the city council meeting scheduled for Tuesday, February 18, 2020. Thank you so much and have a great weekend!! Office Support Specialist City Hall 300 E. Superstition Blvd. Apache Junction, AZ. 85119 Ph(480)474-5050 mfredrickson@aicity.net The Superstition Fire and Medical District formerly the Apache Junction Fire District has changed email addresses. The email address format is now firstname.lastname&sfmd.az.gov please make this change in your address book. The police department has no objections to this request. Thomas E. Parker, MSSM Police Lieutenant Apache Junction Police Department Physical: 1001 N.Idaho Rd. Mailing: 300 E. Superstition Blvd. Apache Junction,AZ 85119 Phone Direct#480-474-5420 Fax#(480)474-5480 Main Phone#480-982-8260 tparkerC&ajcity.net IF CONFIDENTIALITY NOTICE: This e-mail message,including any attachments,is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review,use,disclosure or distribution is prohibited. If you are not the intended recipient,please contact the sender by reply e-mail and destroy all copies of the original message.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. Please consider the environment before printing this email. From: Maureen Fredrickson Sent:Thursday,January 30, 2020 11:35 AM To: Dave Zellner<dzelIner@AJ City.Net>;Thomas Parker<tparker@a*city.net>; Rudy Esquivias <resquivias@alcity.net>;Tina Gerola<tina.gerola@sfmd.az.gov> Cc: Larry Kirch<Ikirch@AJCity.Net>;Thomas Kelly<tkelly@AJCity.Net> Subject: Boys&Girls Club-Special Event Dolce Vita Good Morning, We have received a Special Event License application from Russell St.John for the Boys&Girls Club of the East Valley-Metro Phoenix for an event to be held at Dolce Vita located at 3301 S. Goldfield Rd., Apache Junction, AZ.for their "Yesteryear"fundraiser. Please submit your department recommendations to me no later than Thursday, February 6, 2020 by noon in order for your comments to be included in the packet for the city council meeting scheduled for Tuesday, February 18, 2020. Thank you so much and have a great weekend!! Office Support Specialist City Hall 300 E. Superstition Blvd. Apache Junction, AZ. 85119 Ph(480)474-5050 mfredrickson@aicity.net Maureen: The Planning Division has no objections to this one-time special event liquor license for the Boys and Girls Club yearly gala. Many similar events have been held in the past at Dolce Vita as they have excellent facilities for such an event. c&u4.&?uiviai Planning Manager/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays.) From: Maureen Fredrickson Sent: Thursday, January 30, 2020 11:35 AM To: Dave Zellner; Thomas Parker; Rudy Esquivias; Tina Gerola Cc: Larry Kirch; Thomas Kelly Subject: Boys &Girls Club- Special Event Dolce Vita Good Morning, We have received a Special Event License application from Russell St.John for the Boys&Girls Club of the East Valley-Metro Phoenix for an event to be held at Dolce Vita located at 3301 S. Goldfield Rd., Apache Junction, AZ.for their "Yesteryear" fundraiser. Please submit your department recommendations to me no later than Thursday, February 6, 2020 by noon in order for your comments to be included in the packet for the city council meeting scheduled for Tuesday, February 18, 2020. Thank you so much and have a great weekend!! ��z c�rye�it ` ic�!irc�dait Office Support Specialist City Hall 300 E. Superstition Blvd. Apache Junction, AZ. 85119 Ph(480)474-5050 mfredrickson@aicity.net Maureen, Dolce Vita has an event center designed for these type events.The Building Division recommends approval. Respectfully, J. Davis "Dave" Zellner, C80 Building and Safety Manager - Development Services City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-5084 dzellnerkaicity.net Office Hours Monday—Thursday,7:00 am—6:00 pm,Closed on Fridays From: Maureen Fredrickson Sent: Thursday, January 30, 2020 11:35 AM To: Dave Zellner; Thomas Parker; Rudy Esquivias; Tina Gerola Cc: Larry Kirch; Thomas Kelly Subject: Boys &Girls Club- Special Event Dolce Vita Good Morning, We have received a Special Event License application from Russell St.John for the Boys&Girls Club of the East Valley-Metro Phoenix for an event to be held at Dolce Vita located at 3301 S. Goldfield Rd., Apache Junction, AZ.for their "Yesteryear" fundraiser. Please submit your department recommendations to me no later than Thursday, February 6, 2020 by noon in order for your comments to be included in the packet for the city council meeting scheduled for Tuesday, February 18, 2020. Thank you so much and have a great weekend!! c�ryeit -c�doit Office Support Specialist City Hall 300 E. Superstition Blvd. Apache Junction, AZ. 85119 Ph(480)474-5050 mfredrickson@aicity.net ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.8. PizoNr File ID: 20-055 Sponsor: Jennifer Pena Agenda Date: 2/18/2020 Index: In Control: City Council Meeting Consideration of application for a special event liquor license for applicant Lindsey Pittman of Superstition Harley-Davidson for the Manes and Miracles event, to be held at Superstition Harley-Davidson located at 2910 W. Apache Trail, Apache Junction, AZ. This event will be held on Saturday, February 29, 2020 at 4:00 p.m. The next step in this process 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. City of Apache Junction,Arizona Page 1 Printed on 211212020 RECEIVED FOR DLLC USE ONLY �� CITY CLERK - Received Date: Arizona Department o Li uor Licenes and 6bntrol lob : � • -- � 800 w wa�6� FI 5; p2 _ Phoenix, AZ 85007-2934 CSR: wwvIalflDgX lZoll HE JUNC�fQ)542�51HE JUNC�fQLicense#: d1�" APPLICATION FOR SPECIAL EVENT LICENSE Fees:$25.00 per day for 1-10 days(consecutive)Cash Checks or Money Orders Only 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(101 business days prizir to the event. SECTION 1 Applicant must be a member of a qualifying nonprofit organization, political party, or Government entity and authorized by an Officer,Director,or Chairperson of the Organization. l. Applicant: �� lam\ nh6 b a TZ, Last l,st Middle AA' Date of irth 2. Applicant's mailing address: `i Z street city state Zip 3. Applicant's home/cell phone: ( 65) _ �go Applicant's business phone: J 4. Applicant's email address: _ ly\M 6 0-A 1'Y1 rG c i1 Q5 L qVYNUO . 0P& __ A A SECTION 2 Name of Organization,Candidate or Political Party/Gov.: �d(V,\C� QC, x SECTION 3 Non-Profit/IRS Tax Exempt Number: ✓ "9 '(�1U SECTION 4 Event Location: � UP t--I - Ow Event Address: SECTION 5 Dates and Hours of Event.Days must be consecutive but may not exceed 10 consecutive day,. See A.R.S.§4-244(15)and(17)for legal hours of service. PLEASE FILL OUT SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE"DAY Date Day of Week Event Start License End Time AM/PM Time AM/PM DAY 1: 2-bSl± emprru DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: 2/8/2019 Page 1 of 3 Individuals requiring ADA accommodations call (602)542-2999 V SECTIQUA 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/se erso nel and type of fencing or control barriers,if applicable.) Number of Police Number of Security Personnel ❑Fen ing Barrier ) Ex anation: WMW Ruh �400 Pk ��� ` 0 S _ b jA(MArSA% A CSC ? SECTION 7 Will this event be held on a currently licensed premise and within the already approved premises?❑YesAo (If yes,Local Governing Body Signature not required) Name of Business License Number l� SECTION 8 How is this special event going to conduct all dispensing,serving.and O�p �er� L}�318 for explanation and check one of the following boxes. l ❑Place license in non-use❑Dispense and serve all spirituous liquors under retailer's license Dispense and serve all spirituous liquors under special event 'C ❑Split premise between special event and retail location OF USING RETAIL LICENSE, PLEASE SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWI CONCURRENT WITH THE PERMANENT LICENSE DURING THE EVENT. IF THE SPECIAL EVE AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES.) What is the purpose of this event? On-site consumption ❑Off-site (auction/wine/distilled spirits pull) ❑Both SECTION 10 1. Has thplicant been convicted of a felony,or had a liquor license revoked within the last five (5)years? ❑YeslW o(if yes,attach explanation.) 2. How many special event days have been issued to this organization during the calendar year? 2__ (The number cannot exceed 10 days per year.) 3. Is the Organization using the services of a Licensed Contractor? ❑YesxNo If yes,please provide the following: Name of Licensed Contractor: 4.Is the organization using the services of a series 6, 7, 11,or 12 licensee to manage the sale or service of alcohol? 0Yes4o If yes, please provide the following:Name of Licensee License #: 5. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25%of the ross revenues of the special event liquor sales.Attach an additional page if necessary. 1 NameMK6 Percentage: S0l0 Address LA 44 21 -IF N D PN t7 AINA '" A Name -bo1'&oPercentage: Addressj?0)ftd\p26 Street CRY State zip 2/8/2019 Page 2 of 3 Individuals requiring ADA accommodations call (602)542-2999 SECTIONA 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/secu ersonnel and type of fencing or control barriers,if applicable.) Number of Police Number of Security Personnel ❑Fencing Barriers 14 Explanation: Qn Vel� h 4�Ao AJPD reported the Mounted Rangers stated they were not hired for the event and knew nothign about it. Had Rina correct the problem with the amended page as inserted above.jp 02-07-2020 SECTION 7 Will this event be held on a currently licensed premise and within the already approved premises?❑Yes;lo (If yes,Local Governing Body Signature not required) Name of Business License Number Phone(Include Area Code) SECTION 8 How is this special event going to conduct all dispensing,serving,and selling of spirituous liquors? Please read R-19- 318 for explanation 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 12plit premise between special event and retail location OF USING RETAIL LICENSE, PLEASE SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISES TO SUSPEND OR RUN CONCURRENT WITH THE PERMANENT LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF THE PREMISES, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES.) What is the purpose of this event? On-site consumption ❑Off-site (auction/wine/distilled spirits pull) ❑Both SECTION 10 1. Has th ,L20plicant been convicted of a felony, or had a liquor license revoked within the last five (5)years? ❑Yes PqNo(If yes,attach explanation.) 2. How many special event days have been issued to this organization during the calendar year? 2__ (The number cannot exceed 10 days per year.) 3. Is the Organization using the services of a Licensed Contractor? ❑YesXNo If yes,please provide the following: Name of Licensed Contractor: 4. Is the organization using the services of a series 6, 7, 11,or 12 licensee to manage the sale or service of alcohol? ❑Yes4o If yes, please provide the following:Name of Licensee License #: 5. 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. NameN\ML ond M Percentage: 1,5b�d Address AOL[ t� U Name �&Ow Percentage: 0 Address Aj LAh k Rc�) 2-0 Street city State by 2/8/2019 Page 2 of 3 Individuals requiring ADA accommodations call (602)542-2999 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 A SPECIAL EVENT UNLESS THEY ARE IN AUCTION WINE OR DISTILLED SPIRITS PULL SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE. SECTION 11 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. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ATTACH DIAGRAM IN 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. Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction. 11..11 I, (Print Full Name) L i Y45w V A Man ,hereby swear under penalty of perjury and in compliance with A.R.S. §4-210(A)(2) and (3) that-I have read and understand the foregoing and verity that the i f r ation and statements that I have made herein are true and correct to the best of my knowledge. Applicant Signature: LOCAL GOVERNING BOARD Date Received: I, recommend ❑APPROVAL ❑ DISAPPROVAL (Government Officiao gme) On beha f of (City,Town,County) Signature Date Phone DLLC USE ONLY ❑APPROVAL ❑DISAPPROVA, BY: DATE: A.R.S.§41-1030. Invalidity of rules not made according to this chapter;Prohibited agency action;prohibited acts by state employees;enforcement;notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a bas's for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820. 2/8/2019 Page 3 of 3 Individuals requiring ADA accommodations call (602)542-2999 a - 10 ueipuaW N a maim nt a m �vt GPI 1:,• �-� �m s G w •-• i � o y � n O 4 1 G L �1 • \ i n 1 1 y N m c ,a n I �- 1 L• (jD y= l FEBRUARY 18, 2020 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER JENNIFER PENA, CITY CLERK FROM: MAUREEN FREDRICKSON, OFFICE SUPPORT SPECIALIST SUBJECT: APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR LINDSAY PITTMAN FOR THE SUPERSTITION HARLEY-DAVIDSON MANES AND MIRACLES SPECIAL EVENT An application for a special event liquor license has been submitted by Lindsey Pittman for the Manes and Miracles event to be held at Superstition Harley-Davidson, 2910 W. Apache Trail, Apache Junction, AZ. The event will take place on Saturday, February 29, 2020 from 11:00 A.M. to 4:00 P.M. Correspondence related to inspections of the premises for safety and code compliant matters have been received from the Apache Junction Police Department, Building and Safety Division, Planning and Zoning Department, Apache Junction Police Department, and the Superstition Fire and Medical District. 1. These entities find compliance with the inspection requirements. 2. The City Council will hold a public hearing on the matter. The applicant was notified by mail of the meeting and requested to attend to address any questions the council may have. 3. The City Council will then make a recommendation of approval or denial to the Arizona State Liquor Licenses and Control regarding the application. Superstition Harley-Davidson regularly has these types of events and was inspected by the Building Division a couple of years ago.The Building Division recommends approval. Respectfully, J. Davis "Dave" Zellner, C80 Building and Safety Manager - Development Services City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-5084 dzellnerkaicity.net Office Hours Monday—Thursday,7:00 am—6:00 pm,Closed on Fridays From: Maureen Fredrickson Sent: Monday, February 03, 2020 9:47 AM To: Tina Gerola; Dave Zellner; Rudy Esquivias; Thomas Parker Subject: Superstition Harley Special Event Liquor License Good Morning, We have received a Special Event Liquor License application for Lindsay Pittman from Superstition Harley-Davidson for their Manes and Miracles event. It will take place at Superstition Harley-Davidson, 2910 W.Apache Trail, Apache Junction,AZ. on Saturday, February 29, 2020 at 4:00 p.m. . Please submit your department recommendations to me no later than Monday, February 10, 2020 by noon in order for your comments to be included in the packet for the city council meeting scheduled for Tuesday, February 18, 2020. Thank you! Office Support Specialist City Hall 300 E. Superstition Blvd. Apache Junction, AZ. 85119 Ph(480)474-5050 mfredrickson@aicity.net Superstition Fire & Medical District recommends approval of this application. Thank you. Tina Gerola I Fire Inspector Community Risk Reduction Specialist Superstition Fire& Medical District Office 1 (480) 982-4440 ext. 104 Mobile 1 (480) 416-9775 NEW MOBILE NUMBER OffirP Hrnirc I Mnndgx7-Thiirc&qv frnm Tam-hnm Connect with us! 0©@ 0 Q(3) From: Maureen Fredrickson <mfredrickson@AJCity.Net> Sent: Monday, February 3, 2020 9:47 AM To:Tina Gerola <tina.gerola@sfmd.az.gov>; Dave Zellner<dzellner@AJCity.Net>; Rudy Esquivias <resguivias@alcity.net>;Thomas Parker<tparker@alcity.net> Subject: Superstition Harley Special Event Liquor License Good Morning, We have received a Special Event Liquor License application for Lindsay Pittman from Superstition Harley-Davidson for their Manes and Miracles event. It will take place at Superstition Harley-Davidson, 2910 W.Apache Trail, Apache Junction,AZ. on Saturday, February 29, 2020 at 4:00 p.m. . Please submit your department recommendations to me no later than Monday, February 10, 2020 by noon in order for your comments to be included in the packet for the city council meeting scheduled for Tuesday, February 18, 2020. Thank you! rcA<joit Office Support Specialist City Hall 300 E. Superstition Blvd. Apache Junction, AZ. 85119 Ph(480)474-5050 mfredrickson@aicity.net Maureen: The Planning Division has no objections to this one-time special event (with liquor) at Superstition Harley-Davidson. Please advise applicants to coordinate with the Police Department on proper access, traffic control and security. All event day signage should be placed on private property, not in the right- of-way or sidewalk, or in such a manner as to obstruct vehicular or pedestrian access and visibility. All signage to be removed immediately following the event. Thanks. c&u4.&?uivias Planning Manager/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays.) ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 9. Piz File ID: 20-040 Sponsor: Anna McCray Agenda Date: 2/18/2020 Index: In Control: City Council Meeting Presentation and discussion on Fiscal Year 19-20 Council Work Plan -2nd Quarter Update. City of Apache Junction,Arizona Page 1 Printed on 211212020 Fiscal Year 2019-2020 Work Plan Quality of Life 1. Dog Park Design Strategic Label: Quality of Life/Community Investment Description: The parks & recreation Department was directed by city council to begin design/construction documents for the dog park, coordinate an IGA with Pinal County, and begin fundraising efforts. Status: The project is in the design phase. We are working with City Attorney and county staff to update our current IGA with Pinal County, it is in draft stages and will be presented to council during the 3rd quarter Anticipated Council Interaction: 2nd quarter— pushed back to 3rd quarter Department Assigned: Parks & Recreation 2. The Citizen Brochure — Contract Award COMPLETED Strategic Label: Quality of. Description: The parks & recreation department will be asking to renew our contract for the Citizen brochure that is published and distributed three times per year to residents, highlighting Parks & Recreation, Library, AJPD and other city programs. Status: Contracted awarded in August to Apache Junction Independent Anticipated Council Interaction: 1st quarter Department Assigned: Parks & Recreation 3. Senior Services — MGC Bingo License COMPLETED Strategic Label: Qualitv of Lif Description: Through popular demand, parks and recreation staff have researched re-implementing bingo at the senior center. Staff will seek Arizona Dept of Revenue required city council endorsement for the Senior Center Class A Bingo license. This license was formally held at the center and allowed seniors to play recreational, small-monetary bingo games. Status: Council approved the application and this item is now complete Anticipated Council Interaction: 111 Quarter Department Assigned: Parks & Recreation / City Attorney Updated 0211112020 1 4. 2020-2050 General Plan - Legendary Landscapes and Lifestyles - COMPLETED Strategic Label: Quality of Life Description: The city is required by state law to adopt a General Plan every 10 years through an update or a whole new plan. For this plan, the city is making major revisions in some areas but also updating some chapters. New this time around is an Intergovernmental Cooperation Element and a water element as well as a Downtown AJ Element. Status: Council adopted on February 4th. The ballot measure is scheduled for August 4, 2020. Anticipated Council Interaction: 3rd Quarter Department Assigned: Development Services 5. Contract for Visitor Center Services — NO COUNCIL ACTION REQUIRED THIS FISCAL YEAR Strategic Label: Quality of Life Description: The current professional services agreement with the Apache Junction Chamber of Commerce for visitor center services is a three-year agreement and is in effect until June 30, 2020. If council wishes to continue to support visitor center services for our residents and visitors, a new contract will need to be secured with a provider. The recent changes to the procurement code exempts this service from the formal procurement process but a contract will require council approval. Status: With the recent adopted changes to the procurement code, the process will change on how services are procured and contract approved. With the contract for the upcoming fiscal year below the minimum dollar amount threshold required for council approval, the contract this year will be handled administratively. Should the contract payment amount exceed the minimum threshold in the future, the contract approval process will come back to council at the time of such future renewal. Anticipated Council Interaction: None (informal briefings as to process change due to changes in procurement code) Department Assigned: Economic Development Community Investment 6. Public Art— COMPLETED - ONGOING Strategic Label: Community Investment/World Class Governance Description: Establish a Public Arts Commission Status: Council adopted code changes to Volume 1 Chapter 2 and Chapter 4, and Volume 2 Chapter 1 in September. Commission members were appointed in October and the commission began regular monthly meetings in December of 2019. Collection of public art fees began February 2020. Commission is now preparing a "work plan" and will vote on a logo for use by the Centennial committee. Anticipated Council Interaction: 1stquarter Department Assigned: Development Services Updated 0211112020 2 7. City-Leased Bureau of Land Management Property - ONGOING Strateqic Label: Quality of Life/Community Investment/Strongq Infrastructure Description: The Bureau of Land Management recently renewed leases on Sheepdrive Trail (Multi-Use Trail System), Prospector Park, and the Rodeo Grounds. City Council has expressed interest in learning how the city could obtain patents or the right to purchase some of these lands in order to fully utilize these important recreational assets. Status: Parks and Recreation has been given a list of steps for the appraisal process for patent and purchase, which we have learned is a multi-phased process; we were verbally given a $70,000-$100,000 cost recovery estimate that the City of AJ would have to pay for the steps associated with appraisal, environmental assessments, etc to move towards patent on the 20 acres at rodeo grounds. Waiting for a written proposal to share. Anticipated Council Interaction: 2nd quarter— pushed back to 3rd quarter Department Assigned: Parks and Recreation 8. Apache Trail Median Landscape Improvements - COMPLETED Strategic Label: Quality of Life/CommL, y Investment/Strong Infrastructure Description: In 2010, plans for beautification began at Idaho Rd. and Old West Highway: unfortunately, outside funding for these types of projects were no longer accessible and the project has been stalled. A more scaled back and manageable approach has been adopted to re-introduce native plants and trees to the median in a phased approach. Partnerships with various for-profit and non-profit agencies have been initiated to complete this project largely through donations, volunteers, and in-house manpower. The AJCDC is planning the community's first Make a Difference Day event in October 2019 and is the entity responsible for holding and coordinating the finances for the median beautification project in conjunction with the Make a Difference Day event. Status: The two sections identified for the first phase have been completed. The plants, trees, and rip rap were all donated; and the City paid for granite and did all of the work in-house to shape and add the granite after the community planting in October. Water is the biggest challenge as it is in an awkward space next to busy roads. Budgeted to complete 2 sections each year, add curbing, and possibly consider a temporary above ground, PVC watering system for future phases while the plants establish themselves in their first year. Anticipated Council Interaction: updates as needed Department Assigned: Parks and Recreation, Public Works, Management Services, Revenue Development Strong Infrastructure 9. Financial Management Software (Munis) — ONGOING Strateqic Label: Stronq Infrastructure I World Class Governance Description: New financial management software system to replace outdated system. Additional phases planned to include replacing standalone software in departments for centralized and integrated ERP system. Status: Agreement approved by city council on August 20th. Staff is currently working on implementation and a go live date is now scheduled for July 1, 2020. Anticipated Council Interaction: 4th quarter Department Assigned: City Management and Finance Updated 0211112020 3 10. Reconstruction of Winchester Rd — 16t" Avenue to Southern Ave. Strategic Label: Strona Infrastructure Description: Curb, 2 driving lanes and center turn lane, 2 bike lanes, sidewalk on both sides, and storm sewer (storm sewer will be connected when channel south of Southern Ave is completed). Status: 60" storm sewer completed and working on installation of 48". Storm sewer will not be operational until we complete drainage improvements from Southern to 29th. Installing sidewalks on Southern and 16th. Completion expected in July. Anticipated Council Interaction: 2nd quarter— pushed back to 3rd quarter Department Assigned: Public Works 11. Reconstruction of Ironwood — Lost Dutchman to McKel lips - COMPLETED Strategic Label: Strong Infrastructure Description: Base reconstruction and asphalt paving. Status: Roadway and bike lanes have been completed Anticipated Council Interaction: 2nd Quarter Department Assigned: Public Works 12. Reconstruction of East Side of Main Drive — 1st Avenue to Broadway '+rateaic Label: Strona Infrastructure Description: Add curb to east side of Main. West side finished in FY19. Status: Contractor mobilized 2/10/20 and we expect work will be completed in May. Anticipated Council Interaction: 2nd quarter— pushed back to 3rd quarter Department Assigned: Public Works 13. Reconstruction of West side of Grand Drive — Apache Trail to Broadway Strategic Label: Strong Intrastructure Description: Add curb and sidewalk to the west side of Grand Drive. East side finished in FY19. Status: Contractor mobilized 2/10/20 and we expect work will be completed in May. Anticipated Council Interaction: 2nd quarter— pushed back to 3rd quarter Department Assigned: Public Works Updated 0211112020 4 14. Street Preservation of Old West Highway — Idaho to US60 - COMPLETED Strategic Label- Strona Infrastruch Description: Slurry seal. 0.2% road tax funded project Status: COMPLETED Anticipated Council Interaction: 1st Quarter Department Assigned: Public Works 15. Reconstruction of Southern — Delaware to Ironwood Strategic Label: Strong Infrastructure Description: Widening, bike lanes, curb, sidewalk and drainage Status: Contractor having issues with utilities. Eastbound lanes have been milled. Contract completion is October, but we expect completion a few months earlier. Anticipated Council Interaction: 3rd Quarter Department Assigned: Public Works 16. Development Fee Ordinance Update and Infrastructure Improvement Plan Update - COMPLETED Strategic Label: Strong Infrastructure Description: The city must update the Infrastructure Improvement Plan (IIP), Land Use Assumptions and Development Fee Report every five years by state law. Volume II, Chapter 7 is also being revised as part of this process. Chapter 7 of the Land Development Code is the mechanism to implement the IIP. Status: The new fees went into effect October 21, 2019. Anticipated Council Interaction: 1st Quarter Department Assigned: Development Services 17. Superstition Shadows Park Fencing Strateaic Label: Strona Infrastructure Description: Award of contract for replacement of deteriorating fencing at Superstition Shadows Park (skate park and interior pool fencing). Status: Staff is working on bid paperwork and logistics to release in February. Anticipated Council Interaction: 2nd quarter— pushed back to 3rd quarter Department Assigned: Parks and Recreation Updated 0211112020 5 World Class Governance 18.Request for Proposal for Solid Waste, Recycling & Disposal Services and Solid Waste and Recycling Ordinance - COMPLETED Snare. _aoel: World Class Governance Description: Award of contract for a single hauler solid waste, recycling and disposal service in the city and an ordinance change to mandate trash service for all city residents. Status: Council is currently negotiating with Republic Services on an eight-year contract and is also reviewing amendments to Volume I, Chapter 9, Article 9-5 Collection of Residential Solid Waste to implement mandatory solid waste collection with a single hauler. Anticipated Council Interaction: 1st Quarter Department Assigned: Public Works and City Manager's Office 19. Parks and Recreation Fees Update Strategic Label: World Class Governance Description: The Parks and Recreation Commission has previously reviewed and considered commercial fees to be added to our fee structure (due to new city-owned properties). Staff is seeking city council direction to begin the 5-year market-study on all Parks and Recreation Fees and direction to incorporate a new commercial use tier in order to accommodate for-profit entities that currently cannot reserve parks and recreation facilities. Status: With city council support, staff and the Parks and Recreation Commission will conduct a market study and bring changes for final council approval. Anticipated Council Interaction: End of 3rd quarter Department Assigned: Parks and Recreation 20. Zoning Ordinance Update (Miscellaneous amendments, Sign Regulations, Wireless Code & Group Home Regulations) — ONGOING Strategic Label: World Class Governance Description: Modifications to Volume II, Chapter 1, Zoning Ordinance are being recommended to comply with recent court rulings on sign regulations and group home regulations. Status: Staff is now concentrating on amendments to the zoning code and wireless code as several other major projects were completed in 2019. This project should be completed by the end of this fiscal year. Anticipated Council Interaction: 4th Quarter Department Assigned: Development Services Updated 0211112020 6 21. Liquor License Application Process and Related Fees — Code update — FINALIZING StratPnir_ I ahPl• Wnrlrl rlacc C,nvarnanrP Description: As directed by council on May 2, 2017, amendments to Apache Junction City Code regarding a possible local liquor license Permit be considered; Simplification and streamlining application process and review of related fees. Status: Staff has completed analysis of the City's application process and renewal fees based on the license series. Staff has completed the license and renewal fees. The City's website has been updated with information and resource links to assist individuals through the process of the varying licenses. The next step is to finalize data and propose options for Council's consideration and direction to staff. Anticipated Council Interaction: 3rd Quarter Department Assigned: City Clerk 22. City Public Records Request Process Update - FINALIZING Strc -ic Label: World Class GovernancE Description: Review forms, fees and current public records request processes: present recommendations for council to consider for applicable city code changes to provide for a new enhanced process and fee structure. Status: Staff has completed the on-line fillable form and allows for electronic submittal of the Public Record Request. The City Clerk web pages have been significantly updated and provide access to public record request forms from the Police Dept., Court, City Clerk and a link to Superstition Fire and Medical. Staff is in the process of moving to electronic fulfillment of public record requests if applicable. Anticipated Council Interaction: 211 quarter— pushed back to 3rd quarter Department Assigned: City Clerk 23. City Code Chapter 8: Business License Code Changes - ONGOING Strategic Label: World Glass GovernancE Description: Correct clerical inconsistencies and make needed revisions to Chapter 8 that have surfaced during implementation of the 2017 business license code changes. NEW CHANGES are needed due to recent legislation and are currently under review. Status: Staff is working with the city attorney to review and address the fees, legislative changes to business licensing, Food truck vendors, out of state sellers and inconsistencies within the chapter that arose during the implementation of the 2017 business license code changes. Anticipated Council Interaction: 2nd quarter— pushed back to 4tn quarter Department Assigned: City Clerk 24. 2020 Personnel Rules Strategic Label: World Class Governan- Description: Document that provides a uniform system of personnel administration for the City of Apache Junction. Staff seeks to update document on an as needed basis. Status: Staff is reviewing current rules that may be updated. Anticipated Council Interaction: 4t" Quarter Department Assigned: Human Resources Updated 0211112020 7 25.Website Remodel - ONGOING Strategic Label: World Class Governance Description: Update the website to a completely mobile-first service. Though this doesn't necessitate a change of vendor, staff may entertain other third parties. Status: Staff is research options of whether to issue a new request for proposal for web services or work with current provider for an overhaul of current website platform. Anticipated Council Interaction: 4th Quarter Department Assigned: Marketing and Communications and IT 26.Mygovonline - ONGOING Strategic Label: World Class Governance Description: Implementation of Mygovonline software for planning and zoning, building, and code compliance processes to enhance customer experience. Status: The Development Services staff is concentrating on this project now that the General Plan, building code, permit fees, development fees and other projects have wrapped up. Anticipated Council Interaction: V Quarter Department Assigned: Development Services Updated 0211112020 8 FISCAL YEAR 2019=2020 CITY COUNCIL WORK PLAN 2nd Quarter Update VISION STATEMENT Apache Junction is a diverse community of natural beauty and heritage that offers prosperity, compassion and forward thinking to its residents, businesses and visitors. MISSION STATEMENT We will focus on and invest in quality of life and planned improvements for serving residents, businesses and visitors. 2ND QUARTER PROJECTS COMPLETED 11 ) Reconstruction of Ironwood; Lost Dutchman to McKellips UPCOMING 3RD QUARTER PROJECTS 1 ) Dog Park Design 7) City - Leased Bureau of Land Management Property 10) Reconstruction of Winchester Road; 16t" Ave - Southern Ave 12) Reconstruction of East side of Main Drive; 15t Ave - Broadway 13) Reconstruction of West side of Grand Drive; Apache Trail - Broadway UPCOMING 3RD QUARTER PROJECTS 15) Reconstruction of Southern; Delaware - Ironwood 17) Superstition Shadows Park Fencing 19) Parks and Recreation Fees Update 21 ) Liquor License Application Process 8 Related Fees 22) City Public Records Request Process Update 26) Implementation of MyGovernmentOnline Software QUESTIONS? Next up: May council meeting - 3rd quarter update ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 10. Piz File ID: 20-064 Sponsor: Anna McCray Agenda Date: 2/18/2020 Index: In Control: City Council Meeting Presentation, discussion and consideration of proposed Resolution No. 20-04, supporting pending legislation House Bill 2705 regarding absentee landlords of vacant and abandoned buildings. City of Apache Junction,Arizona Page 1 Printed on 211212020 RESOLUTION NO. 20-04 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY ARIZONA, AN ARIZONA MUNICIPAL CORPORATION IN SUPPORT OF PENDING ARIZONA STATE LEGISLATION HOUSE BILL 2705 REGARDING ABSENTEE LANDLORDS OF VACANT AND ABANDONED BUILDINGS . WHEREAS, the City of Apache Junction regularly deals with complaints regarding deteriorating vacant and abandoned buildings; and WHEREAS, a percentage of these buildings are owned by owners who are not residents of the City (otherwise referred to as `absentee owners' ) ; and WHEREAS, these buildings can be dangerous and susceptible to fire, rain damage, squatters, vermin and other issues caused by lack of maintenance; and WHEREAS, lack of maintenance of these vacant and abandoned buildings can negatively impact surrounding property values; and WHEREAS, the preservation and revitalization of vacant and abandoned buildings is important in improving the economic development of Apache Junction; and WHEREAS, numerous other states and municipalities have successfully used this same mechanism to address vacant and abandoned buildings . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) Supports efforts to provide legislative authority to address abandoned and vacant buildings in a defined and legislative manner and do hereby endorse passage of House Bill 2705 . 2) Upon approval, staff shall distribute this resolution to the city' s state legislative representatives . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 20 RESOLUTION NO. 20-04 PAGE 1 OF 2 SIGNED AND ATTESTED TO THIS DAY OF 20 JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk RESOLUTION NO. PAGE 2 OF 2 APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. PAGE 3 OF 2 REFERENCE TITLE: vacant; abandoned buildings ; ordinances State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020 H B 2705 Introduced by Representatives Shope: Campbell , Cook, Payne, Senator Pratt AN ACT PROVIDING FOR TRANSFERRING AND RENUMBERING; AMENDING SECTION 9-500.21 , ARIZONA REVISED STATUTES; AMENDING TITLE 9, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 14; RELATING TO PROPERTY. (TEXT OF BILL BEGINS ON NEXT PAGE) - i - HB 2705 1 Be it enacted by the Legislature of the State of Arizona: 2 Section 1. Transfer and renumber 3 Section 9-499, Arizona Revised Statutes , is transferred and 4 renumbered for placement in title 9, chapter 14, article 1 , as section 5 9-1461. 6 Sec. 2. Section 9-500.21 , Arizona Revised Statutes , is amended to 7 read: 8 9-500.21. Civil enforcement of municipal ordinances 9 A city or town that classifies ordinance violations as civil 10 offenses shall establish procedures to hear and determine these violations 11 that may include THE FOLLOWING: 12 1. Filing of a complaint before a hearing officer. The city or 13 town magistrate may serve as a hearing officer or the city or town may 14 appoint a separate hearing officer. 15 2. Timely notice of the citation to the violator. If the city or 16 town is unable to personally serve the notice, the notice may be served in 17 the same manner prescribed for alternative methods of service by the 18 Arizona rules of civil procedure or by certified or registered mail , 19 return receipt requested. 20 3. Procedures for the hearing, record on appeal , default by a 21 defendant and rules of evidence that generally comply with those for civil 22 traffic offenses. 23 4. Imposition of a civil penalty. At the conclusion of the 24 hearing, the hearing officer shall determine whether a violation exists 25 and, if so, may impose civil penalties of up to the maximum amount 26 specified in section 9-240 for ordinance violations for each day a 27 violation exists beyond the initial notice constituting a separate 28 offense. The hearing officer may also order abatement of the violation 29 pursuant to section 9-1461. 30 5. A provision that if the violator does not comply with a civil 31 enforcement action, the city or town may file a criminal charge. A civil 32 enforcement action is not a prerequisite to the filing of a criminal 33 charge. 34 6. Judicial review of the final decisions of the hearing officer 35 pursuant to section 12-124. 36 Sec. 3. Title 9, Arizona Revised Statutes , is amended by adding 37 chapter 14, to read: 38 CHAPTER 14 39 PROPERTY 40 ARTICLE 1. VACANT AND ABANDONED BUILDINGS 41 9-1462. Registration ; inspection and maintenance 42 requirements ; fees ; administration ; enforcement; 43 definitions 44 A. THE GOVERNING BODY OF A CITY OR TOWN MAY ADOPT, IMPLEMENT AND 45 ENFORCE AN ORDINANCE THAT ESTABLISHES REGISTRATION, INSPECTION AND - 1 - HB 2705 1 MAINTENANCE REQUIREMENTS FOR A BUILDING THAT IS VACANT OR ABANDONED FOR 2 MORE THAN ONE HUNDRED FIFTY DAYS. 3 B. THE ORDINANCE MUST INCLUDE ALL OF THE FOLLOWING: 4 1. REGISTRATION REQUIREMENTS, INCLUDING THE NAME, RESIDENCE OR 5 BUSINESS ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESSES OF EACH OWNER OF 6 THE VACANT OR ABANDONED BUILDING. AN OWNER RESIDING OUTSIDE OF THIS STATE 7 MUST PROVIDE THE NAME AND ADDRESS OF A PERSON WHO RESIDES IN THIS STATE 8 WHO IS AUTHORIZED TO ACCEPT SERVICE OF PROCESS AND NOTICES ON BEHALF OF 9 THE OWNER AND WHO IS DESIGNATED AS A RESPONSIBLE LOCAL PARTY OR AGENT FOR 10 THE PURPOSES OF NOTIFICATION IN THE EVENT OF AN EMERGENCY. 11 2. PROPERTY STANDARDS FOR VACANT OR ABANDONED BUILDINGS THAT 12 REQUIRE THE OWNER TO SECURE THE PROPERTY, ENSURE BUILDINGS ARE 13 STRUCTURALLY SOUND, MAINTAIN UTILITY CONNECTIONS REQUIRED FOR FIRE 14 PROTECTION AND SECURITY, MAINTAIN ALL STRUCTURES, FENCES AND YARDS 15 PURSUANT TO THE CITY OR TOWN CODE AND MAINTAIN THE BUILDING AND PROPERTY 16 IN A SANITARY, SAFE AND SECURE MANNER. 17 3. REQUIREMENTS THAT A VACANT OR ABANDONED BUILDING BE INSPECTED. 18 WHEN CARRYING OUT INSPECTIONS, THE CITY OR TOWN SHALL COMPLY WITH THE 19 REQUIREMENTS OF SECTION 9-833. THE CITY OR TOWN MAY REQUIRE THE OWNER TO 20 MAKE A REQUEST FOR INSPECTION. THE CITY OR TOWN INSPECTOR MUST EXAMINE 21 WHETHER THE VACANT OR ABANDONED BUILDING IS SECURE FROM TRESPASSERS, IS 22 SAFE FOR ENTRY BY FIREFIGHTERS AND POLICE OFFICERS IN AN EMERGENCY, 23 PRESENTS A HAZARD TO THE PUBLIC OR IMPEDES EFFORTS TO REHABILITATE OR 24 MAINTAIN SURROUNDING PROPERTIES. A VACANT OR ABANDONED BUILDING THAT IS A 25 HAZARD TO PUBLIC HEALTH AND SAFETY IS SUBJECT TO SECTION 9-1461 AND 26 APPLICABLE CITY OR TOWN CODE. IF THE OWNER FAILS TO REQUEST A REQUIRED 27 INSPECTION OR REFUSES TO CONSENT TO AN INSPECTION INITIATED BY THE CITY OR 28 TOWN OR IT IS NOT POSSIBLE TO REASONABLY OBTAIN CONSENT FROM THE OWNER, 29 THE CITY OR TOWN SHALL OBTAIN A SEARCH WARRANT FOR THE INSPECTION OF THE 30 VACANT OR ABANDONED BUILDING OR PROPERTY IN COMPLIANCE WITH TITLE 13, 31 CHAPTER 38, ARTICLE 8. IF A VACANT OR ABANDONED BUILDING IS OWNED BY MORE 32 THAN ONE PERSON, CONSENT FOR INSPECTION MAY BE OBTAINED FROM ANY ONE OF 33 THE OWNERS. 34 4. NOTICE PROVISIONS FOR REGISTRATION, INSPECTION AND MAINTENANCE 35 REQUIREMENTS AND ASSESSMENT OF FEES OR OTHER PENALTIES. THE CITY OR TOWN 36 MUST PROVIDE NOTICES IN WRITING BY CERTIFIED MAIL TO THE LAST KNOWN 37 ADDRESS OF THE OWNER OR THE ADDRESS TO WHICH THE TAX BILL FOR THE PROPERTY 38 ON WHICH THE BUILDING IS LOCATED WAS LAST MAILED. THE NOTICE SHALL INCLUDE 39 THE LEGAL DESCRIPTION OF THE PROPERTY, THE FEE OWED TO THE CITY OR TOWN 40 PURSUANT TO THIS SECTION AND ANY PENALTY IF THE OWNER DOES NOT COMPLY. 41 5. REQUIREMENTS FOR THE OWNER TO PROVIDE PROOF OF AN INSURANCE 42 POLICY THAT SHOWS SUFFICIENT LIABILITY COVERAGE FOR THE VACANT OR 43 ABANDONED BUILDING. - 2 - HB 2705 1 6. AN APPEAL PROCESS FOR THE OWNER TO CHALLENGE ANY DETERMINATION 2 MADE PURSUANT TO THE ORDINANCE. THE OWNER MAY APPEAL THE FINAL DECISION 3 BY THE CITY OR TOWN TO THE SUPERIOR COURT OF THE COUNTY IN WHICH THE 4 PROPERTY IS LOCATED WITHIN THIRTY DAYS AFTER THE DECISION IS RENDERED. 5 C. THE CITY OR TOWN MAY CHARGE FEES AGAINST AN OWNER FOR 6 REGISTRATION AND INSPECTION OF THE VACANT OR ABANDONED BUILDING AND OWNERS 7 SHALL BE JOINT AND SEVERALLY LIABLE FOR THE PAYMENT OF SUCH FEES. THE 8 ORDINANCE SHALL PROVIDE PROCEDURES FOR ADMINISTERING AND ENFORCING THE 9 FEES FOR REGISTRATION AND INSPECTIONS AND PAYING AND COLLECTING THE FEES. 10 THE CITY OR TOWN SHALL SEPARATELY ACCOUNT FOR FEES COLLECTED UNDER THIS 11 SECTION, WHICH SHALL BE USED AS FOLLOWS: 12 1. TO IMPROVE AND MAINTAIN PUBLIC SAFETY IN AND AROUND VACANT OR 13 ABANDONED BUILDINGS AND PROPERTIES. 14 2. TO ADMINISTER THE VACANT OR ABANDONED BUILDING REGISTRATION, 15 INSPECTION AND MAINTENANCE REQUIREMENTS ESTABLISHED PURSUANT TO THIS 16 SECTION. 17 3. TO REPAIR, CLOSE OR DEMOLISH A VACANT OR ABANDONED BUILDING AS 18 AUTHORIZED BY SECTION 9-1461. 19 D. THE CITY OR TOWN MAY GRANT A WAIVER FROM FEES FOR A VACANT 20 BUILDING ON A FAVORABLE INSPECTION OR AN EXTENSION TO COMPLY WITH THE 21 REGISTRATION, INSPECTION AND MAINTENANCE REQUIREMENTS FOR A VACANT OR 22 ABANDONED BUILDING IF THE OWNER SHOWS GOOD CAUSE FOR WHY THE OWNER IS 23 UNABLE TO OCCUPY THE BUILDING FOR A DETERMINED PERIOD OF TIME AND THE 24 BUILDING OR PROPERTY IS NOT A NUISANCE OR A HAZARD TO THE PUBLIC. 25 DELINQUENT FEES ARE NOT ELIGIBLE FOR A FEE WAIVER. 26 E. A BUILDING THAT IS VACANT OR ABANDONED MAY NOT BE RECLASSIFIED 27 AS AN UNOCCUPIED STRUCTURE UNTIL THE BUILDING NO LONGER MEETS THE 28 DEFINITION OF ABANDONED PURSUANT TO SUBSECTION I , PARAGRAPH 1 FOR A 29 MINIMUM PERIOD OF NINETY DAYS AND THE OWNER HAS COMPLIED WITH THE 30 REGISTRATION, INSPECTION AND MAINTENANCE REQUIREMENTS UNDER THIS SECTION, 31 INCLUDING THE PAYMENT OF FEES. 32 F. THE GOVERNING BODY OF A CITY OR TOWN MAY LIMIT THE REGISTRATION, 33 INSPECTION AND MAINTENANCE REQUIREMENTS TO ONE OR MORE ZONING DISTRICTS. 34 G. THIS SECTION DOES NOT IMPOSE A DUTY, OBLIGATION OR REQUIREMENT 35 THAT A CITY OR TOWN UNDERTAKE SUCH REPAIRS, DEMOLITION OR MAINTENANCE 36 MEASURES THAT REMAIN THE OBLIGATION AND RESPONSIBILITY OF THE OWNER. COSTS 37 OF REPAIRS, DEMOLITION AND MAINTENANCE AND RELATED LEGAL AND 38 ADMINISTRATIVE COSTS INCURRED BY THE CITY OR TOWN TO SECURE THE VACANT OR 39 ABANDONED BUILDING ARE TO BE PAID BY THE OWNER. THE CITY OR TOWN MAY FILE 40 LIENS ON REAL PROPERTY TO COLLECT AMOUNTS OWED TO THE CITY OR TOWN FOR 41 DELINQUENT FEES AND COSTS INCURRED BY THE CITY OR TOWN FOR REPAIRS, 42 DEMOLITION OR MAINTENANCE MEASURES TO THE VACANT OR ABANDONED BUILDING. - 3 - HB 2705 1 H. AN OWNER MAY NOT AVOID COMPLIANCE OR LIABILITY WITH THIS SECTION 2 BY TRANSFERRING THE PROPERTY TO ONE OR MORE PERSONS OR ENTITIES THAT ARE 3 CONTROLLED BY THE OWNER OR A SUBSIDIARY OR AN AFFILIATE OF THE OWNER. 4 I . THIS SECTION DOES NOT APPLY TO AN UNOCCUPIED STRUCTURE. 5 J. FOR THE PURPOSES OF THIS SECTION: 6 1. "ABANDONED" MEANS A BUILDING THAT IS VACANT AND TWO OR MORE OF 7 THE FOLLOWING CONDITIONS EXIST ON THE PROPERTY: 8 (a) ACCUMULATION OF TRASH, JUNK OR DEBRIS OR HAZARDOUS, NOXIOUS OR 9 UNHEALTHY SUBSTANCES OR MATERIALS. 10 (b) ABSENCE OF FURNISHINGS OR WINDOW COVERINGS. 11 (c) AT LEAST ONE FILED REPORT TO LAW ENFORCEMENT INVOLVING 12 TRESPASSING, VANDALISM OR OTHER ILLEGAL ACTS BEING COMMITTED AT THE 13 PROPERTY WITHIN THE PRECEDING ONE HUNDRED FIFTY DAYS. 14 (d) THE PROPERTY IS OPEN AND UNPROTECTED OR THERE IS EVIDENCE OF 15 DILAPIDATION, DECAY, DETERIORATION DUE TO EXPOSURE TO THE ELEMENTS OR 16 DAMAGE DUE TO WIND, FIRE, FLOOD OR PESTS. 17 (e) NONPAYMENT OR DISCONNECTION OF GAS, ELECTRICAL, WATER OR 18 WASTEWATER UTILITIES. 19 (f) CONSTRUCTION WAS INITIATED ON THE PROPERTY AND WAS DISCONTINUED 20 BEFORE THE CITY OR TOWN ISSUED A CERTIFICATE OF OCCUPANCY, OR ITS 21 EQUIVALENT, LEAVING THE BUILDING UNSUITABLE FOR OCCUPANCY, AND NO 22 CONSTRUCTION HAS TAKEN PLACE FOR AT LEAST ONE HUNDRED FIFTY DAYS OR SUCH 23 OTHER PERIOD PURSUANT TO THE CITY OR TOWN BUILDING CODE IN EFFECT AT THE 24 TIME CONSTRUCTION WAS INITIATED, WHICHEVER IS LESS. 25 (g) MORE THAN ONE WINDOW OR DOOR ON THE PROPERTY IS BOARDED UP, 26 CLOSED OFF, SMASHED THROUGH, BROKEN, UNHINGED, CONTINUOUSLY UNLOCKED OR IS 27 IN AN UNREPAIRED OR UNSECURED STATE. 28 (h) THERE ARE ONE OR MORE WRITTEN COMPLAINTS BY NEIGHBORS OR 29 REPRESENTATIVES OF A COMMUNITY ASSOCIATION INDICATING THE BUILDING OR 30 PROPERTY CONTAINS ANY OF THE FACTORS PRESCRIBED IN SUBDIVISION (a) , (b) , 31 (d) , (f) OR (g) OF THIS PARAGRAPH. 32 2. "OWNER": 33 (a) MEANS A PERSON OR ENTITY THAT INDIVIDUALLY OR JOINTLY WITH 34 OTHERS: 35 (i ) HAS LEGAL TITLE TO THE PROPERTY, WITH OR WITHOUT ACTUAL 36 POSSESSION OF THE PROPERTY. 37 (ii ) HAS CHARGE, CARE OR CONTROL OF THE PROPERTY AS AN AUTHORIZED 38 AGENT, GUARDIAN OR CONSERVATOR OF THE OWNER. 39 (iii ) IS AN EXECUTOR, ADMINISTRATOR, TRUSTEE OR PERSONAL 40 REPRESENTATIVE OF THE ESTATE OF THE OWNER. 41 (iv) IS ENTITLED TO CONTROL OR DIRECT THE MANAGEMENT OR DISPOSITION 42 OF THE PROPERTY. 43 (b) DOES NOT INCLUDE THIS STATE OR THE FEDERAL GOVERNMENT. - 4 - HB 2705 1 3. "UNOCCUPIED STRUCTURE" MEANS A BUILDING UNDER CONSTRUCTION OR 2 POSSESSING AN ISSUED CERTIFICATE OF OCCUPANCY, OR ITS EQUIVALENT, THAT 3 DOES NOT MEET THE DEFINITION OF ABANDONED PURSUANT TO PARAGRAPH 1 OF THIS 4 SUBSECTION, AND THE OWNER IS ACTIVELY SEEKING OCCUPANCY THROUGH SALE OR 5 LEASE OF THE PROPERTY THROUGH CUSTOMARY COMMERCIAL METHODS, INCLUDING BONA 6 FIDE RENTAL OR SALE SIGNS ON THE PROPERTY OR THE LISTING OF THE PROPERTY 7 ON A MULTIPLE LISTING SERVICE. 8 4. "VACANT": 9 (a) MEANS A BUILDING NO LONGER USED OR OCCUPIED BY ITS OWNER OR 10 OTHER LEGALLY ALLOWED OCCUPANT. 11 (b) DOES NOT INCLUDE AN UNOCCUPIED STRUCTURE. - 5 - Resolution No. 20mO4 Support of House Bill 2705 FEBRUARY 18, 2020 COUNCIL MEETING House Bill 2705 • Sponsored by House Representative TJ Shope (District 8) • League of Arizona Cities and Towns Resolution • Helps to address blight as it relates to vacant buildings AbandonedZVacant - s 1 I ��/ ��� 'T , � it _� •-� ___ �_- --�- - � 01 .16.'2019 10:49 w r � 11/06/2�019 10 50 HB 2705 Components • Registry of vacant/ abandoned buildings • Property maintenance standards • Proof of Insurance • Inspections Resolution No . 20 - 04 • League and Representative Shope request for support • Formalizes city's support of HB 2705 in the state legislature • Upon approval the resolution will be shared with legislative members and leadership • Others in support: Florence, Superior, Globe, Winkelman and Kingman I yy. sr Qu est *i o n s ?* i \ \ ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 11. �Piz oN* File ID: 20-067 Sponsor: Anna McCray Agenda Date: 2/18/2020 Index: In Control: City Council Meeting Presentation and discussion on pending legislation in the Arizona State legislature. City of Apache Junction,Arizona Page 1 Printed on 211212020 yy. FEBRUARY 18, 2020 COUNCIL MEETING 2020 Legislative Session • Second regular session of the 541h Legislative Session commenced on January 13, 2020 • Anticipated to last approximately 100 days • It's a campaign year! Strategy • League of California Cities and Towns role • Staff review bills as introduced and provides feedback • Sign in to " Request to Speak" system of Arizona State Legislature FY 21 State Budget Outlook IWAMW • Largest Arizona state budget in history - $ 12.3 billion • Governor's proposal includes: - One time deposit of $25 million to state rainy day fund - HURF funding intact - Retains the current ADOR assessment of $20.8 million - Funding for Superstition Vistas Planning Area soil and drainage studies - $28 million to expand 1 - 10 between Phoenix and Tucson Tracked IFAMIW Bill/Author Description HB 2053 (Espinoza) — Allows cities to discuss building safety and cybersecurity plans behind closed Exec Sessions; security* doors in executive sessions. HB 2055 (Biasiucci) — Allows a person who receives a civil traffic violation to perform court-approved Civil Traffic Violations community restitution instead of paying a civil penalty. HB 2551 (Osborne) — Allocates $10M to the state's Heritage Fund in support of local, regional and state Heritage Fund* parks, trails and historic preservation. HB 2705 (Shope) — Allows for registry for vacant and abandoned building owners. De-incentivizes Abandoned Buildings buildings from remaining vacant. HB 2791 (Townsend) — Appropriates $15 million in FY 21 and again in FY 22 for repairs necessary to SR 88 Repair reopen State Route 88. SB 1280 (Mesnard) — Would remove payments to PSPRS/ASRS unfunded liability from consideration in Pensions: unfunded the calculation of the city's expenditure limitation; the unfunded liability would be liability required to be considered a long-term obligation required by a contract. Tracked Bill/Author Description HB 2028 (Fillmore) — Extends the time period that political signs can be placed in the right-of-way Candidate Signs prior to primary election from 60 days to 120 days. HB 2305 (Townsend) — Prohibits cities from criminally enforcing any requirements for residents to Private Trash Providers maintain solid waste services through a private provider. HB 2313 (Grantham) — Prohibits cities from requiring installation of sprinklers in existing building with Existing Buildings; occupancy of 300 or more and serves alcohol unless the building is being sprinklers remodeled or undergoing major renovation. HB 2389 (Townsend) — Requires a prosecution for public nuisance noise violation to be substantiated Public Nuisance; noise by recording by a peace officer with a Type 1 sound meter. HB 2615 (Griffin) — Vacant Prohibits cities from requiring vacant property to maintain utilities after two Buildings: utilities years of being vacant. SB 1667 (Gowan) Allows for arterial fireworks in counties with population in excess of 500,000. I yy. sr Qu est *i o n s ?* i \ \ ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 12. Piz File ID: 20-060 Sponsor: Bryant Powell Agenda Date: 2/18/2020 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, March 2, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, March 3, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. City of Apache Junction,Arizona Page 1 Printed on 211212020