City of Apache Junction, Arizona Page 1

Transcription

1 Tuesday, November 3, 2015 City of Apache Junction, Arizona Agenda City Council Meeting 7:00 PM Meeting location: City Council Chambers at City Hall 300 E Superstition Blvd Apache Junction, AZ Ph: (480) 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. Consideration of acceptance of agenda. 2. Consideration for approval of minutes of the regular meeting of October 20, 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. Presentation of 25 Year Service Award to Glen Durkin of the Apache Junction Police Department. 4. Presentation of certificates of appreciation thanking those organizations and individuals who donated to the police department and fire district for large animal rescue training. 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 10/26/2015

2 City Council Meeting Agenda November 3, 2015 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. City manager's report. 6. Presentation on philanthropy in our community. 7. Presentation and discussion with representatives from the Pinal Partnership Open Space and Trails Committee regarding the importance and economic benefit of open space and trails in Pinal County. 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. 8. Public hearing and consideration of Resolution No , declaring as a public record that certain document filed with the city clerk entitled "2015 Amendments to the Apache Junction City Code, Volume I, Chapter 8: Business" and declaring an emergency. 9. Public hearing and consideration of Ordinance No. 1421, amending the Apache Junction City Code, Volume I, Chapter 8: Business, by repealing Article 8-5: Massage Establishments, Section 8-5-5, Permitted Locations, Article 8-8: Licensing Requirements for Special Community and Private Events, Article 8-9: Sales Within Mobile Home Parks, RV Parks and Mobile Home Subdivisions, and Article 8-10: Temporary Food and Beverage Vendors, all in their entirety, except Article 8-8 which shall be amended, and adopting by reference that certain document entitled "2015 Amendments to the Apache Junction City Code, Volume I, Chapter 8: Business". The standard sections relating to conflicting provisions, severability, penalties, and declaring an emergency are also up for consideration in the ordinance. City of Apache Junction, Arizona Page 2 Printed on 10/26/2015

3 City Council Meeting Agenda November 3, Presentation, consideration and action on proposed Resolution No , approving a preliminary subdivision plat for Old West Marketplace, an acre, 6-lot commercial subdivision, proposed to be developed with approximately 151,000 square feet of commercial and retail space, at the northeast corner area of Old West Highway and Idaho Road. 11. Consideration of an application for a temporary extension of premises for Veterans of Foreign Wars Post #7968 located at 250 S. Phelps Drive on December 6, This item is for their Tailgate Party event. The next step in the procedure is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. 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. 12. Consideration of appointments/reappointments of applicants to the Board of Adjustment, Construction Code Board of Appeals, Health and Human Services Commission, Industrial Development Authority, Library Board, Municipal Property Corporation, Parks and Recreation Commission and Planning and Zoning Commission. This item gives council the opportunity to fill the remaining vacancies on city boards and commissions. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. 13. Direction to staff on final approval of Case PZ-1-14 Landscape Plan for Walter R. Quanstrom, 2340 S. Coconino. 14. Direction to staff on process of filling vacant position on Planning & Zoning Commission. 15. Direction to staff on process of filling vacant board member position at Superstition Mountains Community Facilities District No. 1. City of Apache Junction, Arizona Page 3 Printed on 10/26/2015

4 City Council Meeting Agenda November 3, Direction to staff on possible boards and commissions recognition program. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 17. Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, November 16, Executive Session at 5:45 P.M. for Tuesday, November 17, Other meetings if necessary. M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda. All speakers must have already submitted a written Request to Speak form to the city clerk no later than the conclusion of the city manager s report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson. All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1) respond to criticism by a speaker; 2) ask the city manager to review a matter; 3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone, provide their name and address. There is a three (3) minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information 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) or TDD (480) City of Apache Junction, Arizona Page 4 Printed on 10/26/2015

5 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 1. File ID: Sponsor: Kathy Connelly Index: Local/State/Federal Statutory Requirement Agenda Date: 11/3/2015 In Control: City Council Meeting Consideration of acceptance of agenda. Attachments: City of Apache Junction, Arizona Page 1 Printed on 10/26/2015

6 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 2. File ID: Sponsor: Kathy Connelly Index: Local/State/Federal Statutory Requirement Agenda Date: 11/3/2015 In Control: City Council Meeting Consideration for approval of minutes of the regular meeting of October 20, Attachments: City of Apache Junction, Arizona Page 1 Printed on 10/26/2015

7 CITY COUNCIL REGULAR MEETING OCTOBER 20, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on October 20, 2015, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7:00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE ROLL CALL Councilmember Waldron led the Pledge of Allegiance. Councilmembers Present: Mayor Insalaco Vice Mayor Barker (arrived 7:07 p.m.) Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: Others Present: City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Information Officer Al Bravo ACCEPTANCE OF CONSENT AGENDA ) ) Councilmember Waldron MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 1 OF 12

8 THAT RESOLUTION NO , A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE USE OF CITY FUELING FACILITIES WITH SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1, BE APPROVED; AND THAT THE AWARD OF CONTRACT FOR PW , STREET MAINTENANCE SLURRY SEAL WORK IN VARIOUS LOCATIONS IN PARTIAL FULFILLMENT OF FISCAL YEAR STREET MAINTENANCE PLAN, BE AWARDED TO SOUTHWEST SLURRY SEAL THROUGH PINAL COUNTY COOPERATIVE CONTRACT #EC IN THE AMOUNT OF $299, PLUS 10% FOR CONTINGENCY IN THE AMOUNT OF $29, FOR A TOTAL AMOUNT NOT TO EXCEED $329,538.08; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION CHAMBER OF COMMERCE FOR THE OPERATION OF A LOCAL VISITOR INFORMATION CENTER IN THE AMOUNT OF $41,000 FOR SERVICES PROVIDED RETROACTIVELY FROM JULY 1, 2015 THROUGH JUNE 30, 2016; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY. THE MOTION. Councilmember Wilson SECONDED VOTE: Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mike Ferguson of the Apache Junction Purple Heart Chapter presented a plaque to the mayor and council in appreciation of the city s designation as a Purple Heart City and a purple heart flag to be flown in a place of honor designated by the council. Mayor Insalaco read a proclamation designating October 18-24, 2015 as Arizona Cities and Towns Week and gave the proclamation to Assistant City Manager Matt Busby. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 2 OF 12

9 Mayor Insalaco read a proclamation designating October 23-31, 2015 as Red Ribbon Week and presented it to Neil Doherty, Drug Enforcement Administration Special Agent in Charge. Mr. Doherty thanked the council for the proclamation and gave a brief history of the red ribbon campaign. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Rizzi announced the boys and girls club will be having Family Movie Night on Friday night at the club. Councilmember Wilson announced he attended a Salt River Project seminar recently on the health of the national forests. The national forests are also our watershed. There was a minute presentation by Lin Sue Cooney on the health of the national forests. He has given this presentation to the city and it is on Channel 11. Vice Mayor Barker commented she attended Cat Week at the library on Tuesday. Vice Mayor Barker announced last Wednesday night there was a domestic violence ribbon ceremony in the city courtyard. The county attorney and others were there to honor victims and remind everyone how important it is. Vice Mayor Barker commented on Friday she spoke at a press conference in Mesa regarding domestic violence. Vice Mayor Barker commented the reason she was late this evening is she was at Horizon tonight for domestic violence. With the situation that occurred in Tempe with the car into the lake today it was an extremely timely conference. Councilmember Serdy reminded everyone to check out the upcoming Festival of the Superstitions in a couple of weeks. They no longer have a carnival but there will be a lot more hands-on events and things to do. Councilmember Wilson commented the Little Buckaroos will be there as well. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 3 OF 12

10 Councilmember Serdy commented the Superstition Ranch Rodeo is coming up at the rodeo grounds. CITY MANAGER S REPORT City Manager Bryant Powell commented they will be getting the discussion from Horizon on domestic violence and commented on the upcoming events of the Festival of the Superstitions, Veterans Day Parade and Heal Yourself/Heal Your World event. PUBLIC HEARINGS APPLICATION FOR A PERSON TRANSFER, LOCATION TRANSFER, INDIVIDUAL, SERIES 7 LIQUOR LICENSE FOR DASH IN) ) City Clerk Kathleen Connelly briefed the council on the item. applicant address the council. Mayor Insalaco requested the Mr. Muhammad Ziaullah, 2304 N. Cortez, Apache Junction, addressed the council. Councilmember Serdy asked if there was already a liquor license at the Dash In. there is. Mr. Muhammad Ziaullah stated Councilmember Serdy commented they are just transferring it over. that is correct. Mr. Muhammad Ziaullah stated Mayor Insalaco asked if they are taking the one out of Gold Canyon. Mr. Muhammad Ziaullah stated that is correct. It is for beer and wine only. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 4 OF 12

11 Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A PERSON TRANSFER, LOCATION TRANSFER, INDIVIDUAL, SERIES 7 LIQUOR LICENSE FOR DASH IN, SUBMITTED BY MUHAMMAD ZIAULLAH, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. THE MOTION. Councilmember Rizzi SECONDED VOTE: Unanimous. The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE USUAL SUSPECTS LAW ENFORCEMENT MOTORCYCLE CLUB ARIZONA CHAPTER FOR NOVEMBER 21, 2015 ) ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. The applicant was not in attendance. He opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. this is for charity. Councilmember Serdy asked if City Clerk Kathleen Connelly stated they are a nonprofit organization but they are still taxable in some circumstances. Councilmember Serdy commented but the proceeds that they take in they donate. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 5 OF 12

12 City Clerk Kathleen Connelly stated we do not know that yet. There is generally a misunderstanding about nonprofit organizations. When a nonprofit has that status under the Internal Revenue Service Code, it means that if you were to contribute to them you can take that contribution off on your taxes as a donation, a taxfree donation. However, nonprofit organizations in some circumstances are subject to sales and other taxes. Councilmember Wilson commented anytime they have a sale they are responsible for the sales tax and the income tax, as well. Councilmember Rizzi agreed. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR USUAL SUSPECTS LAW ENFORCEMENT MOTORCYCLE CLUB ARIZONA CHAPTER TO BE HELD ON NOVEMBER 21, 2015, SUBMITTED BY JOSH SPRINGER, BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL DUE TO UNRESOLVED SALES TAX ISSUES. THE MOTION. Councilmember Wilson SECONDED VOTE: Unanimous. (During the vote Councilmember Serdy commented he wished they had more. He would hate to lose an event over something that could be worked out. They will continue working on it and he wished the applicant was here for more information.) (During the vote Councilmember Rizzi asked if they are canceling the event. City Clerk Kathleen Connelly stated they believe, based upon verbal conversations with them, that not just because of this but also because there was not enough time for them between tonight and November 21 to do all the advanced ticket sales they felt they had to do. She thought they might have forgotten to withdraw this one as they did with the next one.) REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 6 OF 12

13 The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE USUAL SUSPECTS LAW ENFORCEMENT MOTORCYCLE CLUB ARIZONA CHAPTER FOR JANUARY 15, 2016 ) ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR USUAL SUSPECTS LAW ENFORCEMENT MOTORCYCLE CLUB ARIZONA CHAPTER TO BE HELD ON JANUARY 15, 2016, SUBMITTED BY JOSH SPRINGER, BE WITHDRAWN AS REQUESTED BY THE APPLICANT IN AN FROM JOSH SPRINGER DATED OCTOBER 16, WE WILL TAKE NO FURTHER ACTION ON THIS APPLICATION. THE MOTION. Councilmember Rizzi SECONDED VOTE: Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS ANNUAL APPOINTMENTS FOR THE CONSTRUCTION CODE BOARD OF APPEALS, HEALTH AND HUMAN SERVICES COMMISSION, INDUSTRIAL DEVELOPMENT AUTHORITY AND MUNICIPAL PROPERTY CORPORATION ) REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 7 OF 12

14 a motion on the Construction Code. ) Mayor Insalaco called for Vice Mayor Barker MOVED THAT MICHAEL FRANK BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE GENERAL CONTRACTOR POSITION FOR A TERM TO EXPIRE ON OCTOBER 31, THE MOTION. Councilmember Rizzi SECONDED VOTE: Unanimous. The motion carried. second one. Mayor Insalaco called for a Councilmember Waldron MOVED THAT CHESTER BURGESS BE REAPPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE LAY PERSON CATEGORY FOR A TERM TO EXPIRE OCTOBER 31, THE MOTION. Vice Mayor Barker SECONDED VOTE: Unanimous. The motion carried. There was general discussion that there were no more applicants for this board. Mayor Insalaco commented the there are two openings for the Health and Human Services Commission. Vice Mayor Barker MOVED THAT CAROL KAUSCHER BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, THE MOTION. Councilmember Wilson SECONDED REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 8 OF 12

15 VOTE: Unanimous. The motion carried. second appointee. Mayor Insalaco called for the Vice Mayor Barker MOVED THAT DANA OSBORNE BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, SECONDED THE MOTION. Councilmember Waldron VOTE: Unanimous. The motion carried. Mayor Insalaco commented they have four positions for the Industrial Development Authority. Councilmember Waldron MOVED THAT JEFF STRUBLE BE REAPPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE OCTOBER 31, THE MOTION. Vice Mayor Barker SECONDED VOTE: Unanimous. The motion carried. second position. Mayor Insalaco called for the Vice Mayor Barker MOVED THAT JASON MOELLER BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE OCTOBER 31, THE MOTION. Councilmember Rizzi SECONDED VOTE: Unanimous. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 9 OF 12

16 The motion carried. There was general discussion on their having no more applicants. Mayor Insalaco commented there is only one position for the Municipal Property Corporation. Councilmember Waldron MOVED THAT WAYNE STANDAGE BE REAPPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE OCTOBER 31, THE MOTION. Councilmember Evans SECONDED VOTE: Unanimous. The motion carried. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, NOVEMBER 2, 2015, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, NOVEMBER 3, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. Councilmember Evans SECONDED VOTE: Unanimous. The motion carried. CALL TO THE PUBLIC REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 10 OF 12

17 None. ADJOURNMENT ) ) Mayor Insalaco adjourned the meeting at 7:30 p.m. Consent Agenda Items are as follows: 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of regular meeting of October 6, Consideration of approval of Resolution No , allowing the city to enter into an intergovernmental agreement for the use of city-owned fueling facilities with Superstition Mountains Community Facilities District No Consideration of award of contract to Southwest Slurry Seal for street maintenance slurry seal work in various locations in partial fulfillment of Fiscal Year Street Maintenance Plan. 5. Consideration of approval of the Apache Junction Chamber of Commerce contract for visitor center services in the amount of $41, ACCEPTED THIS 3RD DAY OF NOVEMBER, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF NOVEMBER, JOHN S. INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 11 OF 12

18 ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 20th day of October, I further certify that the meeting was duly called and held and that a quorum was present. Dated this 21st day of October, KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 20, 2015 PAGE 12 OF 12

19 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 3. File ID: Sponsor: Thomas Kelly Index: Agenda Date: 11/3/2015 In Control: City Council Meeting Presentation of 25 Year Service Award to Glen Durkin of the Apache Junction Police Department. Attachments: City of Apache Junction, Arizona Page 1 Printed on 10/26/2015

20 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 4. File ID: Sponsor: Chip Wilson Index: Agenda Date: 11/3/2015 In Control: City Council Meeting Presentation of certificates of appreciation thanking those organizations and individuals who donated to the police department and fire district for large animal rescue training. Attachments: City of Apache Junction, Arizona Page 1 Printed on 10/26/2015

21 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 5. File ID: Sponsor: Bryant Powell Index: Agenda Date: 11/3/2015 In Control: City Council Meeting City manager's report. Attachments: City of Apache Junction, Arizona Page 1 Printed on 10/26/2015

22 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 6. File ID: Sponsor: Roger Hacker Index: Agenda Date: 11/3/2015 In Control: City Council Meeting Presentation on philanthropy in our community. Attachments: City of Apache Junction, Arizona Page 1 Printed on 10/26/2015

23 Philanthropy Update

24 The Big Picture: 2014 $359 billion given to charity Highest amount in 60 years Giving USA 2015

25 The Big Picture:2014 Individuals $259 billion 72% Foundations $ 54 billion 15% Bequests $ 28 billion 8% Corporations $ 18 billion 5% Giving USA 2015

26 The Big Picture: % of all giving is from individuals. Giving USA 2015

27 The Big Picture: 2014 Religious organizations $115 billion 32% Education Human services $ 55 billion $ 42 billion 16% 11% Health causes $ 30 billion 8% Animals/environment $ 11 billion 3% Giving USA 2015

28 RECENT LOCAL GIVING

29 Our Community East Valley Senior Rodders $16,000 + Local non-profits

30 Our Community The Art and Betsy Grandlich Animal Welfare Trust $57,800 PCCC and various local animal organizations

31 Our Community Gila River Indian Community Grants Program $276,700 AJPD and various community organizations

32 Our Community Wal-Mart Local Grant Program $2,500 TGIF Program

33 Our Community The Heinz R. Bruckner Estate HRB Estate $5,000 Multi-Generational Center

34 Our Community The Marcella Franchellitte Estate $25,000 to Paws and Claws Care Center

35 Our Community Large Animal Rescue Training

36 It s Never Too late!

37 Saving The Best Till Last 34% of overall charitable giving happens in the last three months of the year. 18% of overall charitable giving happens in December Charitable Giving Report

38 Saving The Best Till Last! 51% of organizations surveyed indicated that they received the majority of their contributions between October and December 2012 GuideStar Research

39 Saving The Best Till Last!

40 So What?

41 Local Non-profits Need Your Help! There are 92 non-profit organizations licensed and operating within the city. They need your support this holiday season!

42 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 7. File ID: Sponsor: Jeff Bell Index: Agenda Date: 11/3/2015 In Control: City Council Meeting Presentation and discussion with representatives from the Pinal Partnership Open Space and Trails Committee regarding the importance and economic benefit of open space and trails in Pinal County. Attachments: City of Apache Junction, Arizona Page 1 Printed on 10/26/2015

43 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 8. File ID: Sponsor: Joel Stern Index: Agenda Date: 11/3/2015 In Control: City Council Meeting Public hearing and consideration of Resolution No , declaring as a public record that certain document filed with the city clerk entitled "2015 Amendments to the Apache Junction City Code, Volume I, Chapter 8: Business" and declaring an emergency. This resolution declares the Apache Junction City Code, Volume I, Chapter 8: Business referenced in Ordinance No. 1421, adopting the 2015 Chapter 8 amendments as a public record on file with the city clerk's office in order to save publication costs. Attachments: City of Apache Junction, Arizona Page 1 Printed on 10/26/2015

44 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED 2015 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME 1, CHAPTER 8: BUSINESS, AND DECLARING AN EMERGENCY. WHEREAS, Arizona Revised Statutes Annotated (hereinafter A.R.S. ) permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least one paper copy of the code changes or public record are filed in the office of the clerk of the municipality and one electronic copy is accessible on the City s website and made available for public inspection; and WHEREAS, pursuant to A.R.S (1) and 9-802, such codes can include regulatory provisions relating to special events, mobile home park market days, and food truck and mobile vendors; and WHEREAS, City staff has identified such provisions herein, and it is the intent of the City to declare such documents and compilations as public records, on file in the office of the City Clerk and electronically accessible through the city s website ( NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: SECTION I IN GENERAL 1. That certain document entitled 2015 Amendments to the Apache Junction City Code, Vol. 1, Chapter 8: Business is hereby declared to be a public record, shall be made available for public use and inspection, and shall remain on file with the City Clerk and be electronically accessible through the city s website ( SECTION II DECLARING AN EMERGENCY RESOLUTION NO PAGE 1 OF 2

45 The immediate operation of the provisions of this ordinance is necessary for the immediate preservation of the public peace, health or safety, and that an emergency is hereby declared to exist; and this ordinance shall be in full force and effect from and after its passage, adoption and approval by the Mayor and City Council of the City of Apache Junction. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF, SIGNED AND ATTESTED TO THIS DAY OF, JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 15- PAGE 2 OF 2

46 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 9. File ID: Sponsor: Joel Stern Index: Agenda Date: 11/3/2015 In Control: City Council Meeting Public hearing and consideration of Ordinance No. 1421, amending the Apache Junction City Code, Volume I, Chapter 8: Business, by repealing Article 8-5: Massage Establishments, Section 8-5-5, Permitted Locations, Article 8-8: Licensing Requirements for Special Community and Private Events, Article 8-9: Sales Within Mobile Home Parks, RV Parks and Mobile Home Subdivisions, and Article 8-10: Temporary Food and Beverage Vendors, all in their entirety, except Article 8-8 which shall be amended, and adopting by reference that certain document entitled "2015 Amendments to the Apache Junction City Code, Volume I, Chapter 8: Business". The standard sections relating to conflicting provisions, severability, penalties, and declaring an emergency are also up for consideration in the ordinance. Attachments: City of Apache Junction, Arizona Page 1 Printed on 10/26/2015

47 ORDINANCE NO PAGE 1 OF 4 ORDINANCE NO AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 8: BUSINESS, BY REPEALING ARTICLE 8-5: MASSAGE ESTABLISHMENTS, SECTION 8-5-5, PERMITTED LOCATIONS, ARTICLE 8-8: LICENSING REQUIREMENTS FOR SPECIAL COMMUNITY AND PRIVATE EVENTS, ARTICLE 8-9: SALES WITHIN MOBILE HOME PARKS, RV PARKS AND MOBILE HOME SUBDIVISIONS, AND ARTICLE 8-10: TEMPORARY FOOD AND BEVERAGE VENDORS, ALL IN THEIR ENTIRETY, EXCEPT ARTICLE 8-8 WHICH SHALL BE AMENDED; AND ADOPTING BY REFERENCE NEW PROVISIONS FOR THE REGULATIONS NOTED ABOVE AS MORE FULLY DETAILED IN THAT CERTAIN DOCUMENT ENTITLED 2015 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME 1, CHAPTER 8: BUSINESS ; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY; AND PROVIDING FOR PENALTIES. WHEREAS, city staff has historically handled events administratively up to December 21, 1989, when the mayor and city council adopted Ordinance No. 713, the first events regulations under new Article 8-8 of the city code; and WHEREAS, since that time, the need for a more comprehensive and user friendly code has been discussed by the mayor and city council, as well as staff, event sponsors and vendors; and WHEREAS, the mayor and city council first established Article 8-9 by Ordinance No. 770 on December 20, 1990, relating to sales of goods within mobile home parks, recreational vehicle parks and mobile home subdivisions; and WHEREAS, just like events, over time, there has been a need to amend the regulatory provisions; and WHEREAS, the mayor and city council first established Article 8-10 by Ordinance No. 823 on January 21, 1992, initially relating to peddlers at parades and amended over time to cover temporary food and beverage vendors; and WHEREAS, having a vibrant downtown destination complete with a new public park is a council priority; and WHEREAS, the addition of food truck vendors at downtown events at the new park and other locations during community and civic events will enhance resident and tourist attendance; and

48 WHEREAS, a clarified food truck and mobile vendor regulations will improve access and participation at these events; and WHEREAS, pursuant to A.R.S (1) and 9-802, codes which may be adopted by reference include those relating to community events, mobile home park market days, and food truck and mobile vendors; and WHEREAS, because there are numerous Chapter 8 provisions to be repealed and amended, combining all of the changes into one ordinance will yield the most savings to taxpayers; and WHEREAS, A.R.S permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least one paper copy of the code changes or public record are filed in the office of the clerk of the municipality and one electronic copy is accessible on the City s website and made available for public inspection. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL 1. That existing Apache Junction City Code, Volume I, Chapter 8: Business, Article 8-5: Massage Establishments, Section 8-5-5, Permitted Locations, Article 8-8: Licensing Requirements for Special Community and Private Events, Article 8-9: Sales Within Mobile Home Parks, RV Parks and Mobile Home Subdivisions, and Article 8-10: Temporary Food and Beverage Vendors, are hereby repealed in their entirety, except Article 8-8 which shall be amended. 2. That certain document containing the amended and new Chapter 8 code provisions relating to community events, sales within mobile home parks, recreational vehicle parks and mobile home and other subdivisions, and food truck and mobile vendors, known as the 2015 Amendments to the Apache Junction City Code, Vol. I, Chapter 8: Business, one paper copy and one electronic copy which are accessible on the City s website and filed in the office of the city clerk, which document was made a public record by Resolution No of the City of Apache Junction, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R.S ORDINANCE NO PAGE 2 OF 4

49 SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV DECLARING AN EMERGENCY The immediate operation of the provisions of this ordinance is necessary for the immediate preservation of the public peace, health or safety, and that an emergency is hereby declared to exist; and this ordinance shall be in full force and effect from and after its passage, adoption and approval by the Mayor and City Council of the City of Apache Junction. SECTION V PROVIDING FOR PENALTIES Any violation of the provisions adopted herein shall be punishable as a Class 1 Misdemeanor consistent with Apache Junction City Code, Chapter 1: GENERAL, Article 1-8 PENALTY. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF, SIGNED AND ATTESTED TO THIS DAY OF, JOHN S. INSALACO Mayor ORDINANCE NO PAGE 3 OF 4

50 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO PAGE 4 OF 4

51 DRAFT Amendments to the Apache Junction City Code, Volume 1, Chapter 8: Business

52 ARTICLE 8-5: MASSAGE ESTABLISHMENTS PERMITTED LOCATIONS. (A) A properly licensed massage therapist or health care professional shall only be permitted to provide massage therapy at the following business locations: (1) Full service beauty salon, spa, health club, fitness center or massage establishment; (2) Medical establishment of a health care professional; and (3) In the home or business location of a client by any massage therapist or healthcare professional having an appropriate license. (B) A massage establishment shall not be permitted in any residential area therapist or healthcare professional or any students in conjunction with a recognized school of massage or educational institution under their supervision as allowable under A.R.S. Title 32, may perform massages during community and civic events as long as they meet the requirements set forth in A.J.C.C., Vol. 1, Article 8-8 and 8-9 of this code. ARTICLE 8-8: REQUIREMENTS FOR COMMUNITY AND CIVIC EVENTS PURPOSE & INTENT. This article is intended to regulate community and civic events for the benefit of its citizens and visitors which enable the city to: (1) Protect life, health, property and general welfare of the city; (2) Minimize expenditures of public funds for community and civic events; (3) Minimize business interruptions during events while promoting business growth and economic development; (4) Implement a high profile, proactive approach to local economic development through public/private partnerships; (5) Provide a range of community and civic events open to everyone to improve the quality of life in the city; (6) Facilitate the redevelopment and revitalization of the downtown and older commercial areas; (7) Assist the city in implementing its overall economic development goals; (8) Provide a consistent set of standards for community and civic events; (9) Compete on an equal basis with other communities for tourism and other economic development projects DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COMMUNITY EVENT. An activity or gathering not exceeding 4 consecutive days in any calendar year which is conducted, organized and sponsored by non-profit organizations or forprofit organizations and is open to all participants on an equal basis.

53 EVENT. An activity or gathering with the purpose of promoting or benefitting the city and its residents and/or the sponsoring organizations. An application will be required for any activity or gathering which meets any of the following criteria: (1) Use of or impact/encroachment on any city street, sidewalk, alley or other right-of-way area (which includes any indirect impact that will affect the flow of typical vehicular or pedestrian traffic) that requires more than one city department approval, or will require the approval of more than one city department for inspections, assistance or permits. (2) Is likely to draw a crowd to a venue not properly suited and has the potential to require special accommodations, regulations, traffic control devices or public works or safety personnel; (3) Presence or participation of one or more for-profit or nonprofit vendors that intend to make a sale, advertise for sale, solicit sales, offer for sale, or provides a service or offer/advertise to provide a service. This provision does not apply to vendors already in possession of a valid city license issued under this code or city tax code; (4) Activities such as weddings, funerals, private yard sales, car shows or charity car washes shall not be considered an event. (5) A programmed event of a city department shall not be considered an event, however if the event includes vendors that are not already properly licensed with the city, then a fee of $15 per vendor shall be collected for each event. The city department sponsoring the programmed event shall be responsible for collecting this fee from each participating vendor. These fees shall be paid in total to the city no later than 7 8 working days following the last day of the event. FOR-PROFIT ORGANIZATION. Any entity or corporation which has been established, maintained, or conducted for the purpose of making a profit. NON-PROFIT ORGANIZATION. Any religious, social, fraternal or civic organization which has been designated as a 501C organization by the Internal Revenue Service and which has a valid operating license as provided for in Vol. I, Chapter 8 of the city code or the city tax code. Should questions as to form of business arise, interpretations of this section shall be based upon form indicia contained in the following: Arizona Revised Statutes; Internal Revenue Code Rules and Regulations prescribed by the Internal Revenue Service. CIVIC EVENT. An activity or gathering not exceeding 4 consecutive days in any calendar year which is conducted, organized and sponsored solely by the city or in conjunction with a non-profit organization, has been approved as such by the council during the annual budget process and which is open to all participants on an equal basis CIVIC EVENT SPONSOR REQUIREMENTS. (A) A non-profit sponsor of any civic event which includes vendors shall pay a fee of $50 per day. This fee shall be paid no later than 10 working days in advance of the first day of the event. 2

54 A penalty of $5 per day shall be assessed for each working day the initial payment is late beginning with the working day immediately following the initial deadline. The civic event fee shall not apply to those events which do not include vendors or city events. (B) A non-profit sponsor of any civic event shall provide the city clerk with the name, address and telephone number of the event coordinator or contact person at least 30 working days in advance of the event. (C) The sponsor of any civic event shall obtain a completed vendor application, on a form to be provided by the city, from each participating vendor and obtain a copy of the vendor s driver s license for any vendor(s) not already properly licensed with the city. The sponsor shall provide the city with these completed forms in addition to a complete list containing name, address and telephone number of each participating vendor no later than eight (8) working days following the last day of the event. (D) Any food truck vendor, as defined in this chapter, that is present at a civic event shall follow the regulatory process in Article 8-10 of this chapter CIVIC EVENT VENDOR REQUIREMENTS. (A) All civic event vendors who engage or attempt to engage in a sale at a civic event or who advertise or solicit services or products shall complete a civic event vendor application in order to participate in the event. The completed form shall be submitted to the event sponsor. (B) Non-profit organizations who which participate as vendors at civic events shall not be required to complete an event vendor application if their participation is limited to the distribution of literature or information relative to their organization. (C) Massage therapists or healthcare professionals or any students in conjunction with a recognized school of massage or educational institution under their supervision who wish to as allowable under A.R.S. Title 32 who wish to participate as a vendor at a civic event shall be permitted to do so provided there is no charge for the service and that as long as such service is provided in conjunction with by a person holding a valid city business license and who is authorized by under A.R.S. Title 32 to perform massages the laws of this state to practice medicine, osteopathy, chiropractic, podiatry, naturopathy or acupuncture. (D) Any food truck vendor, as defined in this chapter, that is present at a civic event shall follow the regulatory process in Article 8-10 of this chapter COMMUNITY EVENT SPONSOR REQUIREMENTS. (A) The sponsor of any community event which includes vendors shall remit to the city a fee of $15 per vendor for those vendors not already properly licensed for each event. The sponsor shall be responsible for collecting this fee from each participating vendor. These fees shall be paid in total to the city no later than 7 8 working days following the last day of the event. A penalty of $5 per day shall be assessed for each working day that the total fee remains unpaid. 3

55 (B) The sponsor of any community event shall provide the city clerk department with the name, address and telephone number of the event coordinator or contact person at least 30 working days in advance of the event. (C) The sponsor of any community event shall obtain a completed vendor application, on a form to be provided by the city, from each participating vendor and obtain a copy of the vendor s driver s license for any vendor(s) not already properly licensed with the city. The sponsor shall provide the city with these completed forms in addition to a complete list containing name, address and telephone number of each participating vendor no later than eight (8) working days following the last day of the event. (D) Any food truck vendor, as defined in this chapter, that is present at a special event shall follow the regulatory process in Article 8-10 of this chapter COMMUNITY EVENT VENDOR REQUIREMENTS. (A) All community event vendors who engage or attempt to engage in a retail sale or who solicit or advertise in any form at a community event shall complete a community event vendor application in order to participate in the event. The completed form shall be submitted to the event sponsor. (B) Non-profit organizations who participate as vendors at community events shall not be required to complete a community event vendor application if their participation is limited to the distribution of literature or information relative to their organization. (C) Vendors who have an appropriate license shall not be required to pay an additional vendor fee provided they are engaging in an activity covered by the license. (D) Massage therapists or healthcare professionals or any students in conjunction with a recognized school of massage or educational institution under their supervision as allowable under A.R.S. Title 32 who wish to participate as a vendor at a community event shall be permitted to do so provided as long as there is no charge for the service and that such service is provided by in conjunction with a person holding a valid city business license and who is authorized by the laws of this state to practice medicine, osteopathy, chiropractic, podiatry, naturopathy or acupuncture under A.R.S. Title 32 to perform massages. (E) Any food truck vendor, as defined in this chapter, that is present at a special event shall follow the regulatory process in Article 8-10 of this chapter. 4

56 ARTICLE 8-9: SALES WITHIN MOBILE HOME AND RECREATIONAL VEHICLE PARKS, MOBILE HOME AND RECREATIONAL VEHICLE SUBDIVISIONS AND ALL OTHER RESIDENTIAL SUBDIVISIONS PURPOSE & INTENT. This article is intended to regulate sales and events within Mobile Home and Recreational Vehicle Parks, Mobile Home and Recreational Vehicle Subdivisions and all other residential subdivisions for the benefit of residents and visitors and which enable the city to: (1) Protect life, health, property and general welfare of the city; (2) Enable residential areas, mobile home and recreational vehicle communities to host a range of events for community members whether open to the general public or not so as to improve the quality of life in the city; (3) Provide a consistent set of standards for sales and events within Mobile Home Parks, Recreational Vehicle Parks, Mobile Home Subdivisions, Recreational Vehicle Subdivisions and all other residential subdivisions DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. MARKET DAYS, COUNTRY STORE, BAZAAR DAYS AND THE LIKE. An event at a temporary location not exceeding 1 day per week conducted within a mobile home park, travel trailer park, recreation vehicle park or mobile home, recreational vehicle or residential subdivision for the purpose of providing goods and services, ancillary retail sales and activities intended for park residents and non-park non-residents hereafter referred to as market days. SPONSOR. Any non-profit organization, for-profit corporation, home owners association or any other legal entity which is legally formed and obligates itself to organize, operate and manage a market days event(s) UNLAWFUL PRACTICES OF EVENT SPONSORS VIOLATION AND PENALTY. It is unlawful for any sponsor of a market days event to permit any vendor to set up at the event without the vendor having first met all city licensing requirements. Penalty, see Violations of this article are punishable under A.J.C.C., Vol. I,

57 8-9-4 MARKET DAYS SPONSOR REQUIREMENTS. (A) The sponsor of any market day events shall apply for and obtain a transaction privilege tax license from the city clerk prior to conducting or allowing ancillary retail sales (e.g., market days, craft/art sales, fundraisers and temporary food vendors). (B) The sponsor shall comply with required sales tax administration and collection processes and shall be responsible for the collection and remittance of city sales tax on market days sales and shall obtain a completed vendor application, on a form to be provided by the city, from each participating vendor and obtain a copy of the vendor s driver s license for any vendor(s) not already property licensed. The sponsor shall provide the city with these completed forms in addition to a complete list containing name, address and telephone number of each participating vendor no later than 8 working days following the last day of the event. (C) The sponsor shall supply the city with a complete list containing name, address and telephone number of each participating proprietor and vendor no later than eight (8) working days following the last day of the sale or activity. (C) Any food truck vendor, as defined in this chapter, that is present at a special market days event shall follow the regulatory process in Article 8-10 of this chapter MARKET DAYS VENDOR REQUIREMENTS. (A) Shall apply to vendors participating in market days if there is not a market days sponsor as set forth in section (1) All market day vendors who engage or attempt to engage in a sale at a special market days event or who advertise or solicit services or products shall complete the city an event vendor license application and pay the required fee in accordance with this chapter and the city tax code in order to participate in the event. The completed form shall be submitted to the market day sponsor. (2) Non-profit organizations who participate as vendors at market days shall not be required to complete an event vendor a city application if their participation is limited to the distribution of literature or information relative to their organization and they have the required city license. (3) Any vendor who conducts business activity at a market days event shall obtain the appropriate license and pay the applicable license fee as set forth in the city tax code. (4) Any vendor who conducts business activity at a market days event shall always be in possession of an appropriate license, and such license, or a copy thereof, shall be produced upon the request of any city official or the market days sponsor or coordinator. (B) Any food truck vendor, as defined in this chapter, that is present at a special market days event shall follow the regulatory process in Article 8-10 of this chapter. 6

58 ARTICLE 8-10: MOBILE AND TEMPORARY FOOD AND BEVERAGE VENDORS DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. MOBILE FOOD VENDING VEHICLE. A licensed concession trailer or motorized vehicle suitable for use on a public highway which is equipped and primarily used for the sale of food and beverage of any kind including prepared, pre-packaged or unprepared, unpackaged food and nonfood sundries specifically related to the mobile food vendor s business. FOOD VENDING CART. Any wheeled device moved by human power. MOBILE FOOD VENDOR. Any person or entity, as defined in this chapter, who: (a) owns, controls, manages, operates and/or leases a mobile food vending vehicle or food vending cart; (b) contracts or employs any person to drive, operate, prepare foods, and/or vend from a mobile food vending vehicle or food vending cart. OPERATOR. Any person who prepares food and/or sells food, beverages or sundries from a mobile food vending vehicle or food vending cart or any individual that operates such a vehicle or cart PERMIT. (A) Required. It is unlawful for any mobile food vendor to conduct business without first obtaining and maintaining a mobile food vendor permit and all other required licenses, including a privilege tax license, a county environmental health services permit, current food handler s card and ID identification cards as may be required by this chapter. If a mobile food vendor has more than one food vending vehicle or food vending cart, multiple permits shall be required. There shall be no application fee for a mobile food vendor permit. (B) Application. In addition to the requirements set forth in this chapter and the Apache Junction Tax Code, applicants for a mobile food vendor permit shall include the following information with the permit application: (1) A description of the goods to be sold; (2) If the applicant is an agent of the business for which the permit will be issued, the name and address of the agent, if different from the business address, together with credentials establishing the exact relationships with the mobile food vendor; (3) A description, license plate number and photograph of the vehicle or cart; 7

59 (4) All location(s) from which the applicant intends to conduct business and a permanent address to which notifications may be sent; (5) A valid driver's license; (6) A mobile food vendor shall provide proof of vehicle liability insurance which shall be maintained during the term of the permit and shall have be in at least the minimum amount limits required by law; (7) A mobile food vendor who conducts business on public property or city right-ofway shall provide: a) a certificate of insurance naming the City of Apache Junction as an additionally insured party; and b) a signed and notarized indemnification and duty to defend and hold harmless commitment statement MOBILE FOOD AND VENDING OPERATING CONDITIONS. Mobile and temporary food and beverage vendors who have obtained a permit shall be subject to the following limitations and conditions: (A) Mobile vending shall only be permitted to operate on developed, commercially zoned property and shall not be authorized to operate on vacant lots and shall not impede access to adjacent businesses; (B) There shall be an open and operating permanent business on the site in order to accommodate the sanitary facilities access requirement of the Building Code (i.e, restrooms, trash, recycling, food waste and grease disposal). The temporary food and beverage vendor must also be able to use these facilities; (C) The hours of operation for the vendors shall be limited to the hours that the on-site, permanent business is open; (D) The vendor shall secure the permission of the sponsoring business owner; (E) Vendors/operators of food vending vehicles shall arrange for trash receptacles and will dispose of all trash during operations and shall keep the area surrounding the mobile food vending vehicles free of debris, litter and waste; (F) The temporary food and beverage vendors shall not store the vehicle or cart when the permanent on-site business is not open unless the operator has the sponsoring business owner's permission; (G) Mobile food vending vehicles or carts shall not be stored on the sponsoring business property, when not in use, in lieu of placing it in a storage lot or similar facility regardless of the sponsoring business owner's permission; (H) Mobile food and beverage vending shall be limited to 96 consecutive hours maximum at each temporary location; (I) Signage attached to a mobile food vending vehicle shall not require a sign permit, but must conform to the signage regulations in the City of Apache Junction Zoning Ordinance. One A- frame sign or menu board per vehicle or cart is also permitted; 8

60 (J) A mobile food vendor or operator shall carry at all times proof of liability insurance, mobile food vendor permit, county health department permit, food handing card and proof of property owner approval to be on a given property; (K) A mobile food vendor or operator may operate on city-owned or leased property, public right-of-way or city park as part of a civic event; (L) Mobile food vending shall not be permitted on any city street or public right-of-way unless it is part of a civic event; (M) Mobile food vendors shall be permitted to operate on private property at any location within the city when catering a private function and shall not stage the vehicle on public property or right-of-way. (N) If the mobile food vendor is charged a fee for the food truck space, the sponsoring business owner shall comply with city tax code requirements PERMIT REVOCATION AND APPEALS. (A) A mobile food vendor permit shall be revoked by the city clerk s office for any of the following reasons: (1) The permittee notifies the city in writing with appropriate signature that the business has been closed, sold or is no longer operating in the city; or (2) Fraud, misrepresentation or false statement contained in the application for a permit; (3) Any violation of this chapter or the City Tax Code; or (4) Conducting a business activity in violation of the Arizona Revised Statutes. (B) Revoked permits may be reinstated only after the cause of such revocation has been fully corrected; (C) A person whose permit has been revoked shall be issued a notice to cease mobile food vending operations within the city; (D) Any person aggrieved by the city s decision to revoke a permit pursuant to division subsection (A) above shall have the right of appeal to a hearing officer designated by the city manager. The appeal shall be filed with the city manager within 14 working days after receipt of the city s decision. The appeal shall contain a written statement setting forth fully the grounds for the appeal. The hearing officer shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant. The decision and order of the hearing officer shall be final and conclusive, except any person aggrieved may pursue any proper judicial proceedings; (E) No person may reapply for any permit after revocation unless the cause for such revocation has been corrected PENALTIES. Any person violating any of the provisions of this chapter, shall be deemed guilty of a class one misdemeanor and, shall upon conviction, be punished pursuant to the provisions of the Apache Junction City Code, Vol. I, Chapter 1: General, Article 1-1: General, Penalty. 9

61 2015 Amendments to the Apache Junction City Code, Volume 1, Chapter 8: Business

62 ARTICLE 8-5: MASSAGE ESTABLISHMENTS PERMITTED LOCATIONS. (A) A properly licensed massage therapist or health care professional shall only be permitted to provide massage therapy at the following business locations: (1) Full service beauty salon, spa, health club, fitness center or massage establishment; (2) Medical establishment of a health care professional; and (3) In the home or business location of a client by any massage therapist or healthcare professional having an appropriate license. (B) A massage therapist or healthcare professional or any students in conjunction with a recognized school of massage or educational institution as allowable under A.R.S. Title 32, may perform massages during community and civic events as long as they meet the requirements set forth in A.J.C.C., Vol. 1, Article 8-8 and 8-9 of this code. ARTICLE 8-8: REQUIREMENTS FOR COMMUNITY AND CIVIC EVENTS PURPOSE & INTENT. This article is intended to regulate community and civic events for the benefit of its citizens and visitors which enable the city to: (1) Protect life, health, property and general welfare of the city; (2) Minimize expenditures of public funds for community and civic events; (3) Minimize business interruptions during events while promoting business growth and economic development; (4) Implement a high profile, proactive approach to local economic development through public/private partnerships; (5) Provide a range of community and civic events open to everyone to improve the quality of life in the city; (6) Facilitate the redevelopment and revitalization of the downtown and older commercial areas; (7) Assist the city in implementing its overall economic development goals; (8) Provide a consistent set of standards for community and civic events; (9) Compete on an equal basis with other communities for tourism and other economic development projects DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COMMUNITY EVENT. An activity or gathering not exceeding 4 consecutive days in any calendar year which is conducted, organized and sponsored by non-profit organizations or forprofit organizations and is open to all participants on an equal basis.

63 EVENT. An activity or gathering with the purpose of promoting or benefitting the city and its residents and/or the sponsoring organizations. An application will be required for any activity or gathering which meets any of the following criteria: (1) Use of or impact/encroachment on any city street, sidewalk, alley or other right-of-way area (which includes any indirect impact that will affect the flow of typical vehicular or pedestrian traffic) that requires more than one city department approval, or will require the approval of more than one city department for inspections, assistance or permits. (2) Is likely to draw a crowd to a venue not properly suited and has the potential to require special accommodations, regulations, traffic control devices or public works or safety personnel; (3) Presence or participation of one or more for-profit or nonprofit vendors that intend to make a sale, advertise for sale, solicit sales, offer for sale, or provides a service or offer/advertise to provide a service. This provision does not apply to vendors already in possession of a valid city license issued under this code or city tax code; (4) Activities such as weddings, funerals, private yard sales, car shows or charity car washes shall not be considered an event. (5) A programmed event of a city department shall not be considered an event, however if the event includes vendors that are not already properly licensed with the city, then a fee of $15 per vendor shall be collected for each event. The city department sponsoring the programmed event shall be responsible for collecting this fee from each participating vendor. These fees shall be paid in total to the city no later than 8 working days following the last day of the event. FOR-PROFIT ORGANIZATION. Any entity or corporation which has been established, maintained, or conducted for the purpose of making a profit. NON-PROFIT ORGANIZATION. Any religious, social, fraternal or civic organization which has been designated as a 501C organization by the Internal Revenue Service and which has a valid operating license as provided for in Vol. I, Chapter 8 of the city code or the city tax code. Should questions as to form of business arise, interpretations of this section shall be based upon form indicia contained in the following: Arizona Revised Statutes; Internal Revenue Code Rules and Regulations prescribed by the Internal Revenue Service. CIVIC EVENT. An activity or gathering not exceeding 4 consecutive days in any calendar year which is conducted, organized and sponsored solely by the city or in conjunction with a non-profit organization, has been approved as such by the council during the annual budget process and which is open to all participants on an equal basis CIVIC EVENT SPONSOR REQUIREMENTS. (A) A non-profit sponsor of any civic event which includes vendors shall pay a fee of $50 per day. This fee shall be paid no later than 10 working days in advance of the first day of the event. 2

64 A penalty of $5 per day shall be assessed for each working day the initial payment is late beginning with the working day immediately following the initial deadline. The civic event fee shall not apply to those events which do not include vendors or city events. (B) A non-profit sponsor of any civic event shall provide the city clerk with the name, address and telephone number of the event coordinator or contact person at least 30 working days in advance of the event. (C) The sponsor of any civic event shall obtain a completed vendor application, on a form to be provided by the city, from each participating vendor and obtain a copy of the vendor s driver s license for any vendor(s) not already properly licensed with the city. The sponsor shall provide the city with these completed forms in addition to a complete list containing name, address and telephone number of each participating vendor no later than eight (8) working days following the last day of the event. (D) Any food truck vendor, as defined in this chapter, that is present at a civic event shall follow the regulatory process in Article 8-10 of this chapter CIVIC EVENT VENDOR REQUIREMENTS. (A) All civic event vendors who engage or attempt to engage in a sale at a civic event or who advertise or solicit services or products shall complete a civic event vendor application in order to participate in the event. The completed form shall be submitted to the event sponsor. (B) Non-profit organizations which participate as vendors at civic events shall not be required to complete an event vendor application if their participation is limited to the distribution of literature or information relative to their organization. (C) Massage therapists or healthcare professionals or any students in conjunction with a recognized school of massage or educational institution as allowable under A.R.S. Title 32 who wish to participate as a vendor at a civic event shall be permitted to do so as long as such service is provided by a person holding a valid city business license and who is authorized under A.R.S. Title 32 to perform massages. (D) Any food truck vendor, as defined in this chapter, that is present at a civic event shall follow the regulatory process in Article 8-10 of this chapter COMMUNITY EVENT SPONSOR REQUIREMENTS. (A) The sponsor of any community event which includes vendors shall remit to the city a fee of $15 per vendor for those vendors not already properly licensed for each event. The sponsor shall be responsible for collecting this fee from each participating vendor. These fees shall be paid in total to the city no later than 8 working days following the last day of the event. A penalty of $5 per day shall be assessed for each working day that the total fee remains unpaid. (B) The sponsor of any community event shall provide the city clerk department with the name, address and telephone number of the event coordinator or contact person at least 30 working days in advance of the event. 3

65 (C) The sponsor of any community event shall obtain a completed vendor application, on a form to be provided by the city, from each participating vendor and obtain a copy of the vendor s driver s license for any vendor(s) not already properly licensed with the city. The sponsor shall provide the city with these completed forms in addition to a complete list containing name, address and telephone number of each participating vendor no later than eight (8) working days following the last day of the event. (D) Any food truck vendor, as defined in this chapter, that is present at a special event shall follow the regulatory process in Article 8-10 of this chapter COMMUNITY EVENT VENDOR REQUIREMENTS. (A) All community event vendors who engage or attempt to engage in a retail sale or who solicit or advertise in any form at a community event shall complete a community event vendor application in order to participate in the event. The completed form shall be submitted to the event sponsor. (B) Non-profit organizations who participate as vendors at community events shall not be required to complete a community event vendor application if their participation is limited to the distribution of literature or information relative to their organization. (C) Vendors who have an appropriate license shall not be required to pay an additional vendor fee provided they are engaging in an activity covered by the license. (D) Massage therapists or healthcare professionals or any students in conjunction with a recognized school of massage or educational institution as allowable under A.R.S. Title 32 who wish to participate as a vendor at a community event shall be permitted to do so as long as such service is provided by a person holding a valid city business license and who is authorized under A.R.S. Title 32 to perform massages. (E) Any food truck vendor, as defined in this chapter, that is present at a special event shall follow the regulatory process in Article 8-10 of this chapter. ARTICLE 8-9: SALES WITHIN MOBILE HOME AND RECREATIONAL VEHICLE PARKS, MOBILE HOME AND RECREATIONAL VEHICLE SUBDIVISIONS AND ALL OTHER RESIDENTIAL SUBDIVISIONS PURPOSE & INTENT. This article is intended to regulate sales and events within Mobile Home and Recreational Vehicle Parks, Mobile Home and Recreational Vehicle Subdivisions and all other residential subdivisions for the benefit of residents and visitors and which enable the city to: (1) Protect life, health, property and general welfare of the city; 4

66 (2) Enable residential areas, mobile home and recreational vehicle communities to host a range of events for community members whether open to the general public or not so as to improve the quality of life in the city; (3) Provide a consistent set of standards for sales and events within Mobile Home Parks, Recreational Vehicle Parks, Mobile Home Subdivisions, Recreational Vehicle Subdivisions and all other residential subdivisions DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. MARKET DAYS, COUNTRY STORE, BAZAAR DAYS AND THE LIKE. An event at a temporary location not exceeding 1 day per week conducted within a mobile home park, travel trailer park, recreation vehicle park or mobile home, recreational vehicle or residential subdivision for the purpose of providing goods and services, ancillary retail sales and activities intended for residents and non-residents. SPONSOR. Any non-profit organization, for-profit corporation, home owners association or any other entity which is legally formed and obligates itself to organize, operate and manage a market days event VIOLATION AND PENALTY. It is unlawful for any sponsor of a market days event to permit any vendor to set up at the event without the vendor having first met all city licensing requirements. Violations of this article are punishable under A.J.C.C., Vol. I, MARKET DAYS SPONSOR REQUIREMENTS. (A) The sponsor of any market day events shall apply for and obtain a transaction privilege tax license from the city clerk prior to conducting or allowing ancillary retail sales (e.g., market days, craft/art sales, fundraisers and temporary food vendors). (B) The sponsor shall comply with required sales tax administration and collection processes and shall be responsible for the collection and remittance of city sales tax on market days sales. (C) Any food truck vendor, as defined in this chapter, that is present at a market days event shall follow the regulatory process in Article 8-10 of this chapter MARKET DAYS VENDOR REQUIREMENTS. (A) Shall apply to vendors participating in market days if there is not a market days sponsor as set forth in section (1) All vendors who engage or attempt to engage in a sale at a market days event or who advertise or solicit services or products shall complete the city license application and pay the 5

67 required fee in accordance with this chapter and the city tax code in order to participate in the event. (2) Non-profit organizations who participate as vendors at market days shall not be required to complete a city application if their participation is limited to the distribution of literature or information relative to their organization and they have the required city license. (3) Any vendor who conducts business activity at a market days event shall obtain the appropriate license and pay the applicable license fee as set forth in the city tax code. (4) Any vendor who conducts business activity at a market days event shall always be in possession of an appropriate license, and such license, or a copy thereof, shall be produced upon the request of any city official or the market days sponsor or coordinator. (B) Any food truck vendor, as defined in this chapter, that is present at a market days event shall follow the regulatory process in Article 8-10 of this chapter. ARTICLE 8-10: MOBILE AND TEMPORARY FOOD AND BEVERAGE VENDORS DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. MOBILE FOOD VENDING VEHICLE. A licensed concession trailer or motorized vehicle suitable for use on a public highway which is equipped and primarily used for the sale of food and beverage of any kind including prepared, pre-packaged or unprepared, unpackaged food and nonfood sundries specifically related to the mobile food vendor s business. FOOD VENDING CART. Any wheeled device moved by human power. MOBILE FOOD VENDOR. Any person or entity, as defined in this chapter, who: (a) owns, controls, manages, operates and/or leases a mobile food vending vehicle or food vending cart; (b) contracts or employs any person to drive, operate, prepare foods, and/or vend from a mobile food vending vehicle or food vending cart. OPERATOR. Any person who prepares food and/or sells food, beverages or sundries from a mobile food vending vehicle or food vending cart or any individual that operates such a vehicle or cart PERMIT. (A) Required. It is unlawful for any mobile food vendor to conduct business without first obtaining and maintaining a mobile food vendor permit and all other required licenses, including 6

68 a privilege tax license, a county environmental health services permit, current food handler s card and identification cards as may be required by this chapter. If a mobile food vendor has more than one food vending vehicle or food vending cart, multiple permits shall be required. There shall be no application fee for a mobile food vendor permit. (B) Application. In addition to the requirements set forth in this chapter and the Apache Junction Tax Code, applicants for a mobile food vendor permit shall include the following information with the permit application: (1) A description of the goods to be sold; (2) If the applicant is an agent of the business for which the permit will be issued, the name and address of the agent, if different from the business address, together with credentials establishing the exact relationships with the mobile food vendor; (3) A description, license plate number and photograph of the vehicle or cart; (4) All location(s) from which the applicant intends to conduct business and a permanent address to which notifications may be sent; (5) A valid driver's license; (6) A mobile food vendor shall provide proof of vehicle liability insurance which shall be maintained during the term of the permit and shall have at least the minimum limits required by law; (7) A mobile food vendor who conducts business on public property or city right-ofway shall provide: a) a certificate of insurance naming the City of Apache Junction as an additionally insured party; and b) a signed indemnification and duty to defend and hold harmless commitment MOBILE FOOD AND VENDING OPERATING CONDITIONS. Mobile and temporary food and beverage vendors who have obtained a permit shall be subject to the following limitations and conditions: (A) Mobile vending shall only be permitted to operate on developed, commercially zoned property and shall not be authorized to operate on vacant lots and shall not impede access to adjacent businesses; (B) There shall be an open and operating permanent business on the site in order to accommodate the sanitary facilities access requirement of the Building Code (i.e, restrooms, trash, recycling, food waste and grease disposal). The temporary food and beverage vendor must also be able to use these facilities; (C) The hours of operation for the vendors shall be limited to the hours that the on-site, permanent business is open; (D) The vendor shall secure the permission of the sponsoring business owner; (E) Vendors/operators of food vending vehicles shall arrange for trash receptacles and will dispose of all trash during operations and shall keep the area surrounding the mobile food vending vehicles free of debris, litter and waste; 7

69 (F) The temporary food and beverage vendors shall not store the vehicle or cart when the permanent on-site business is not open unless the operator has the sponsoring business owner's permission; (G) Mobile food vending vehicles or carts shall not be stored on the sponsoring business property, when not in use, in lieu of placing it in a storage lot or similar facility regardless of the sponsoring business owner's permission; (H) Mobile food and beverage vending shall be limited to 96 consecutive hours maximum at each temporary location; (I) Signage attached to a mobile food vending vehicle shall not require a sign permit, but must conform to the signage regulations in the City of Apache Junction Zoning Ordinance. One A- frame sign or menu board per vehicle or cart is also permitted; (J) A mobile food vendor or operator shall carry at all times proof of liability insurance, mobile food vendor permit, county health department permit, food handing card and proof of property owner approval to be on a given property; (K) A mobile food vendor or operator may operate on city-owned or leased property, public right-of-way or city park as part of a civic event; (L) Mobile food vending shall not be permitted on any city street or public right-of-way unless it is part of a civic event; (M) Mobile food vendors shall be permitted to operate on private property at any location within the city when catering a private function and shall not stage the vehicle on public property or right-of-way. (N) If the mobile food vendor is charged a fee for the food truck space, the sponsoring business owner shall comply with city tax code requirements PERMIT REVOCATION AND APPEALS. (A) A mobile food vendor permit shall be revoked by the city clerk s office for any of the following reasons: (1) The permittee notifies the city in writing with appropriate signature that the business has been closed, sold or is no longer operating in the city; or (2) Fraud, misrepresentation or false statement contained in the application for a permit; (3) Any violation of this chapter or the City Tax Code; or (4) Conducting a business activity in violation of the Arizona Revised Statutes. (B) Revoked permits may be reinstated only after the cause of such revocation has been fully corrected; (C) A person whose permit has been revoked shall be issued a notice to cease mobile food vending operations within the city; (D) Any person aggrieved by the city s decision to revoke a permit pursuant to subsection (A) above shall have the right of appeal to a hearing officer designated by the city manager. The appeal shall be filed with the city manager within 14 working days after receipt of the city s decision. The 8

70 appeal shall contain a written statement setting forth fully the grounds for the appeal. The hearing officer shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant. The decision and order of the hearing officer shall be final and conclusive, except any person aggrieved may pursue any proper judicial proceedings; (E) No person may reapply for any permit after revocation unless the cause for such revocation has been corrected PENALTIES. Any person violating any of the provisions of this chapter, shall be deemed guilty of a class one misdemeanor and, shall upon conviction, be punished pursuant to the provisions of the Apache Junction City Code, Vol. I, Chapter 1: General, Article 1-1: General, Penalty. 9

71

72 OCTOBER 21, 2015 MEMORANDUM TO: THROUGH: FROM: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL MEMBERS BRYANT POWELL, CITY MANAGER KATHLEEN CONNELLY, CITY CLERK MASSAGE LICENSING Questions arose at the October 6, 2015 council meeting regarding the City Code Chapter 8 language found in Sections 8-8-3, and applicable to vendors at special, community and private events. Council wished to know the origin of the massage vendor provisions which all read: Massage therapists who wish to participate as a vendor at a (special/ community/private) event shall be permitted to do so provided there is no charge for the service and that such service is provided in conjunction with a person holding a valid city business license and authorized by the laws of this state to practice medicine, osteopathy, chiropractic, podiatry, naturopathy or acupuncture. Here is the chronology of council actions which led to this language being placed in the city code: November 5, 2002: (1) Council discussed proposed code changes which would add a new Article 8-8 covering special, community and private events. (2) At this meeting former Mayor Doug Coleman commented that massage therapy schools and its students sometimes are set up at marathons where students can practice. (3) Former Vice Mayor Surra commented that there was no charge for the massage. (4) Council subsequently gave unanimous direction to staff to develop code language on the licensing requirement. December 17, 2002: (1) Council reviewed and discussed Ordinance No which amended the city code by adding new language for special, community and private events. (2) This new language allowed for massage therapists to participate at these events on a limited basis. (3) The code changes had the support of the Chamber of Commerce, Main Street Program, Superstition Stampede and the Lost Dutchman Marathon. (4) The council

73 approved the ordinance as written. Attached are copies of the pertinent sections of the minutes from the November 5, 2002 and December 17, 2002 council meetings. Please let me know if you have any questions.

74

75

76

77

78

79

80

81 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 10. File ID: Sponsor: Rudy Esquivias Index: Budgetary Approval not Required Agenda Date: 11/3/2015 In Control: City Council Meeting Presentation, consideration and action on proposed Resolution No , approving a preliminary subdivision plat for Old West Marketplace, an acre, 6-lot commercial subdivision, proposed to be developed with approximately 151,000 square feet of commercial and retail space, at the northeast corner area of Old West Highway and Idaho Road. Attachments: City of Apache Junction, Arizona Page 1 Printed on 10/26/2015

82

83

84

85

86

87

88

89

90

91

92

93

94

95

96

97

98

99 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 11. File ID: Sponsor: Kathy Connelly Index: Local/State/Federal Statutory Requirement Agenda Date: 11/3/2015 In Control: City Council Meeting Consideration of an application for a temporary extension of premises for Veterans of Foreign Wars Post #7968 located at 250 S. Phelps Drive on December 6, This item is for their Tailgate Party event. The next step in the procedure is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Attachments: City of Apache Junction, Arizona Page 1 Printed on 10/26/2015

100 OCTOBER 21, 2015 MEMORANDUM TO: THROUGH: THROUGH: FROM: HONORABLE MAYOR AND CITY COUNCIL MEMBERS BRYANT POWELL, CITY MANAGER KATHLEEN CONNELLY, CITY CLERK JAN MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR NOVEMBER 3, 2015: APPLICATION FOR AN EXTENSION OF PREMISES FOR VETERANS OF FOREIGN WARS POST #7968 An application for a temporary extension of premises has been submitted by Mr. Kevin Voight of the Veterans of Foreign Wars Post #7968 for December 6, 2015, at 250 S. Phelps Drive, Apache Junction for their Tailgate Party. Correspondence has been received from the building division, planning division, police department and fire district, a copy of which is attached. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control.

101 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ (602) CSR: Log #: DLLC USE ONLY APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT *OBTAIN APPROVAL FROM LOCAL GOVERNING BOARD BEFORE SUBMITTING TO THE DEPARTMENT OF LIQUOR* El Permanent change of area of service. A non-refundable $50. fee will apply. Specific purpose for change: Temporary change for date(s) of: /7 IS through /1,_/ Is list specific purpose for change: V F ta I. R. _Ave. it For-l.0 EAKsect 12.Ats:.= Fats frp,c.,4% Cf4-4Vcit 1. Licensee's Name: 2. Mailing address: 3. Business Name: Street Wt V;-1e(-3-1 7C:, 4. Business Address: 2- S-0 S 17)344LF S Di2- Street 5. Address: \ic-va eos--( 7566 mcs Business Phone Number: LivL, - 7. Is extension of premises/patio complete? N/A D Yes D No got Cit-IT Last First Se44/ Pleikte) A If no, what is your estimated completion date? r2 /00/ l c City Middle AONLIAt-F 1LOC1-100 City State License#: 14) I a:11 2. zi &k\a State Zip Code ( 2 c> Zip Code Contact Phone Number:,I, Do you understand Arizona Liquor Laws and Regulations?!Wes El No 9. Does this extension bring your premises within 300 feet of a church or school? D Yes No 10. Have you received approved Liquor Law Training? III Yes 1-1 No 11. What security precautions will be taken to prevent liquor violation s in the extended area? a a APtGe F64C ItA(.1 plcti one ICAL06- VLt eḺ.11-S odt). ei -ksoitc Sp,Fc rk-k r4ell... AS it_oizs. (6-7) 0-14:( 12. IMPORTANT: Attach the revised floor plan, clearly depicting your licensed premise, along with the new extended area. Page 1 of 2 9/11/2015 Individuals requiring ADA accommodations please call (602)

102 0 Barrier Exemption: an exception to the requirement of barriers surrounding a patio/outdoor serving area may be requested. Barrier exemptions are granted based on public safety, pedestrian traffic, and other factors unique to a licensed premise. List specific reasons for exemption: Approval Disapproval by: Date: / / 1, (Print Full Name) t"% 1/4% PL) V(31A1-, hereby declare that I am a CONTROLLING PERSON/ AGENT Controlling Person / Agent filing this notification. I have read this document and the contents and all statements are true, co t and complete. X (Signature) Controlling Pep6ni / Agent fi State o County o instrument was acknowledged before me this My commission expires on: of Dfs Month Year GOVERNING BOARD Christie M. Vielehr Notary Public - Arizona Pinal County My Commission Expires July 18, 2018 t signa of NOT After completion, and before submitting to the Department of Liquor, please take this application to your local Board of Supervisors, City Council or Designate for their recommendation. This recommendation is not binding on the Department of Liquor. This change in premises is recommended by the local Board of Supervisors, City Council or Designate: Authorized Signature Tole Agency Date Investigation Recommendation: 0 Approval 0 Disapproval by: Date: / / Director Signature required for Disapprovals: Date: / / Page 2 of 2 9/11/2015 Individuals requiring ADA accommodations please call (602)

103 I /,3 c 'r

104 rdt, OP* r P7b4W14941/ Horne of the Superstition Mountains October 13, 2015 Kevin Voight VFW Post # San Marcos Apache Junction, AZ Dear Mr. Voight: Please be advised that your application for a temporary extension of premises for VFW Post #7968 for the VFW Tailgate Party fundraiser to be held December 6, 2015, at VFW Post #7968, 250 S. Phelps Drive, Apache Junction, has been scheduled for a public hearing. The Apache Junction City Council will hold a public hearing on November 3, 2015, at 7:00 p.m. in the City Council Chambers, 300 E. Superstition Blvd., Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control. Your attendance is requested should council have any questions on this application. If you have any questions concerning this matter, please contact my office at (480) Sincerely, Kathleen Connelly City Clerk Voice (480) FAX (480) TDD (480) E. Superstition Boulevard, Apache Junction, AZ 85119

105 OCTOBER 13, 2015 MEMORANDUM TO: THROUGH: FROM: SUBJECT: DEPARTMENT OF PUBLIC SAFETY, ADMIN. SGT. PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT BUILDING DIVISION KATHLEEN CONNELLY, CITY CLERK JAN MASON, DEPUTY CITY CLERK APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR VFW POST #7968 Mr. Kevin Voight has submitted an application for a temporary extension of premises for the VFW Tailgate Party fundraiser to be held on December 6, 2015, at VFW Post #7968, 250 S. Phelps Drive, Apache Junction. Please conduct the necessary inspections and submit your recommendation be by Wednesday, October 21, in order for this item to be placed on the agenda for the City Council meeting of November 3, 2015.

106

107

108 Janet Mason From: Jeff Robinson Sent: Wednesday, October 14, :52 PM To: Janet Mason Cc: Troy Mullender; Thomas Kelly Subject: RE: Temporary extension of premises for VFW Post #7968 Janet on 10/14/2015 at 1230 I met with VFW Post President Derek Tarmondo who identified the area that will be used for the tailgate party/cook-off. The area will be just outside the south door of the post extending into the parking lot area enclosed with large orange rubber fencing. The area will have two entrance points both manned by post board members. According to the president there is going to be 8-10 security and board members manning the area of the event and supplying wrist bands for those that have legal identification that can consume alcohol. Mr. Tarmondo expects the attendance to be somewhere between members and guest. In addition the hours of operation will be December 6, , or 6am to 6pm for you civilians. Additional outdoor restrooms will not be provided as the indoor restrooms will be available. The police department has no objection to the temporary extension of premises for the VFW Post #7968 scheduled for December 6, From: Janet Mason Sent: Wednesday, October 14, :34 AM To: Dave Zenner; Rudy Esquivias; John Suniga (john.suniga@sfmd.az.gov); Jeff Robinson Cc: Larry Kirch; Kathy Connelly Subject: Temporary extension of premises for VFW Post #7968 I have received an application for a temporary extension of premises for VFW Post #7968 for December 6, Please have your department recommendations to me no later than noon on Wednesday, October 21, in order for this to be on the November 3 agenda. Thanks. JcA41/ M ot4o-vv Deputy City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ (480) imason@aicity.net 1

109 Superstition Fire & Medical District 3700 E. 16 th Avenue, Apache Junction, AZ Phone (480) , Fax (480) MEMORANDUM TO: FROM: Jan Mason, Deputy City Clerk City of Apache Junction 300 E. Idaho Road Apache Jct., AZ John Suniga, Deputy Fire Marshal DATE: October 20, 2015 SUBJECT: Application for Special Event Liquor License for 250 S. Phelps The Superstition Fire/Medical District has reviewed the application as noted above regarding the VFW Post #7968 located at 250 S. Phelps for an event to be held on December 6, We have recently completed an annual fire and life safety inspection with no major violations found. We therefore would recommend approval of this application. Thank you for your notification on this matter. If you have any further questions regarding this inspection, please feel free to contact my office at Thank You. ATTN: Application

110 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 12. File ID: Sponsor: Kathy Connelly Index: Local/State/Federal Statutory Requirement Agenda Date: 11/3/2015 In Control: City Council Meeting Consideration of appointments/reappointments of applicants to the Board of Adjustment, Construction Code Board of Appeals, Health and Human Services Commission, Industrial Development Authority, Library Board, Municipal Property Corporation, Parks and Recreation Commission and Planning and Zoning Commission. This item gives council the opportunity to fill the remaining vacancies on city boards and commissions. Attachments: City of Apache Junction, Arizona Page 1 Printed on 10/26/2015

111 OCTOBER 22, 2015 MEMORANDUM TO: THROUGH: THROUGH: FROM: HONORABLE MAYOR AND CITY COUNCIL MEMBERS BRYANT POWELL, CITY MANAGER KATHLEEN CONNELLY, CITY CLERK JAN MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR NOVEMBER 3, 2015 (BOARD/COMMISSION APPOINTMENTS) At the October 6 and October 20 regular meetings council requested that any applications filed late would be interviewed at the November 2 work session and any unfilled board and commission positions would possibly be filled on November 3. There were only two applications filed after the deadline Jodene Weeter and Sue Warner. Council was given to opportunity to interview these applicants last night. The following boards and commissions have vacancies at this time: Board of Adjustment one, expiring 10/31/17 Construction Code Board of Appeals two, one for an architect or engineer and one for a contractor other than a general contractor Health and Human Services Commission none Industrial Development Authority two, both expiring 10/31/20 Library Board none Municipal Property Corporation none Parks and Recreation none Planning and Zoning one pending/resignation received but not accepted

112 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 13. File ID: Sponsor: Larry Kirch Index: Agenda Date: 11/3/2015 In Control: City Council Meeting Direction to staff on final approval of Case PZ-1-14 Landscape Plan for Walter R. Quanstrom, 2340 S. Coconino. Attachments: City of Apache Junction, Arizona Page 1 Printed on 10/26/2015

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 14. File ID: Sponsor: Larry Kirch Index: Agenda Date: 11/3/2015 In Control: City Council Meeting Direction to staff on process of filling vacant position on Planning & Zoning Commission. Attachments: City of Apache Junction, Arizona Page 1 Printed on 10/26/2015

132

133 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 15. File ID: Sponsor: Bryant Powell Index: Agenda Date: 11/3/2015 In Control: City Council Meeting Direction to staff on process of filling vacant board member position at Superstition Mountains Community Facilities District No. 1. Attachments: City of Apache Junction, Arizona Page 1 Printed on 10/26/2015

134

135