City of Apache Junction, Arizona Page 1

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1 Tuesday, May 2, 2017 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 of approval of minutes of regular meeting of April 18, Consideration of approval on the ratification of award of contract for janitorial services to JB Superior Maintenance Services, LLC in the amount of $22, per month with an annual cost of $275, Consideration of approval of employment agreement with presiding magistrate. The current employment agreement with Judge Hazel expires on June 30, This new agreement will be for a period of two years beginning July 1, 2017 and ending June 30, E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards, presentations from other organizations, proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. 5. Proclamation designating the week of May 21st - 27th, 2017 as Public Works Week. Brian Gleave, Fleet Supervisor will be in attendance to accept the proclamation. City of Apache Junction, Arizona Page 1 Printed on 4/25/2017

2 City Council Meeting Agenda May 2, 2017 F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 6. City manager's report. 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. 7. Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1446, case PZ-12-16, a request by Kathleen Pavicevic, represented by Brian C. Locker of Fowler St. Clair Law Firm, to rezone a 1.2-acre property at 980 E. Scenic Street from High Density Multiple-Family Residential (RM-2) to Low Density Single-Family Residential by Planned Development (RS-54/PD). The rezoning proposes to allow horses on the property that is currently developed with a conventional single-family home, on a lot less than 1.25 gross acres. 8. Discussion and public hearing on resident interest to amend Apache Junction City Code, Volume I, Chapter 8: Business, Article 8-8: Requirements for Community and Civic Events, adding a public notification process on outdoor entertainment activities which create noise, odor, dust, lighting, vibrations, or otherwise include the use of amplified music in any form (recorded or live). I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. City of Apache Junction, Arizona Page 2 Printed on 4/25/2017

3 City Council Meeting Agenda May 2, Direction to staff on City Code Chapter 8 Business and City Tax Code in order to make both codes compatible with state changes in tax law; restore the pre-july 2007 manner of licensing businesses; establish a means of meeting the needs of zoning and building codes, law enforcement and public safety; customize requirements to meet local needs where possible; and update text to reflect current definitions and terminology. Council discussed this item at the April 17, 2017 work session. Direction is being requested to proceed with review of the codes to research and bring back recommendations that reflect current state of the law, best practices, customize code provisions to meet local needs where possible and restore access to licensing information needed by several city departments. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 10. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, May 15, Executive Session at 6:00 P.M for Tuesday, May 16, 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 3 Printed on 4/25/2017

4 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: Agenda Date: 5/2/2017 In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction, Arizona Page 1 Printed on 4/25/2017

5 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: Agenda Date: 5/2/2017 In Control: City Council Meeting Consideration of approval of minutes of regular meeting of April 18, City of Apache Junction, Arizona Page 1 Printed on 4/25/2017

6 CITY COUNCIL REGULAR MEETING APRIL 18, 2017 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on April 18, 2017, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Serdy called the meeting to order at 7:00 p.m. INVOCATION Vice Mayor Wilson gave the Invocation. PLEDGE OF ALLEGIANCE ROLL CALL Councilmember Barker led the Pledge of Allegiance. Councilmembers Present: Mayor Serdy Vice Mayor Wilson Councilmember Barker Councilmember Evans Councilmember Struble Councilmember Waldron (Councilmember Rizzi was absent.) Staff Present: City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Interim Public Works Director John Mitchell Finance Director Donna Meinerts City Engineer Emile Schmid Development Services Director Larry REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 1 OF 11

7 Kirch Others Present: Public Information Officer Al Bravo Public Works Manager Shane Kiesow Grants Administrator Heather Patel ACCEPTANCE OF CONSENT AGENDA ) ) Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO , A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM FUNDS, BE APPROVED, AND THAT THE AWARD OF BID FOR PROJECT PW , PRE-COATED CHIPS, BE AWARDED TO CALMAT COMPANY DBA VULCAN MATERIALS COMPANY IN AN AMOUNT NOT TO EXCEED $48.75 PER TON; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT THE AWARD OF BID FOR PROJECT PW , CHIP SEAL EMULSION, BE AWARDED TO HAWKER & EVANS ASPHALT COMPANY IN AN AMOUNT NOT TO EXCEED $ PER TON; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY. SECONDED THE MOTION. Councilmember Waldron VOTE: Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Serdy commented this year Apache Junction was privileged to host the East Valley Mayors Prayer Breakfast. There was a lot of work done by the high school kids and everybody on staff. They raised a record breaking $8,000 which was split between Community Alliance Against Family Abuse and Central Arizona College-Superstition Mountain Campus. He presented $4,000 REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 2 OF 11

8 checks to Dorian Townsend from Community Alliance Against Family Abuse and Dean Jeff Funkelmann from Central Arizona College. Public Information Officer Al Bravo and Mayor Serdy presented certificates of graduation to the graduates of the 19th Citizen Leadership Institute. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron commented he attended a Rural Transportation Advisory Committee meeting last Tuesday regarding the restoration of HURF funds. Those are the funds we get back from the state that is a portion of the gas tax, vehicle license fees and registration fees. It is supposed to come back to the city but the state has been withholding it for a number of years. The governor and legislature are feeling pressure from the cities and counties but it does not appear we will get any more this year. There is $30 million going to the universities for buildings but there is controversy with that as well. They are talking about raising the vehicle license tax fee, not the taxes. They might also change the driver s license to every 4 years with a $25 fee. The governor is in election mode and will not sign off on any fee increases. They will not see the HURF dollars coming back to the cities and towns this year. There is concern with the rural communities that under the federal budget if the projects are not shovel ready, and a lot of communities cannot afford to get them to shovel ready, they may miss out on federal funding as well. The Arizona Association of Contractors has publicly come out in support of the cities and towns getting the HURF monies restored. We will probably not get any of that money this session. If they are starting to feel the pressure there may be something in It is a moving target and the legislature can change its mind. Councilmember Barker thanked the parks and recreation department for their Easter Egg Hunt on Saturday. There were more people this year and it is growing like crazy. Vice Mayor Wilson agreed with Councilmember Barker. The number of children involved has dramatically increased since the last time he went with his wife and grandson several years ago. He likes the way they have it broken up by age groups. It went very smoothly and he encouraged everyone to come out next year. REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 3 OF 11

9 Mayor Serdy commented Robin, Chip, Christa and Jeff were all out there. Staff has the system down where it is fair and no one can hog all the eggs. The way they do it is perfectly safe so there are no safety concerns. Mayor Serdy announced Troop 219 from Gold Canyon is observing tonight. Mayor Serdy announced last Saturday he attended a ceremony at Falcon Field where Robert Joyner, a city resident, received the Congressional Gold Medal for his service in the Civilian Air Patrol during World War II. He commented on the various things they did during their service. This medal is rarer than the Medal of Freedom. Mayor Serdy announced he threw out the first pitch at the Little League field. There will be ball games almost every night except Sunday. He encouraged people to attend. A video clip was played from opening day. Mayor Serdy announced the grand opening for Flatiron Park will be this Saturday at 5:00 p.m. Mayor Serdy announced the Boys and Girls Club Yesteryear Event will be Saturday at 6:00 p.m. CITY MANAGER S REPORT City Manager Bryant Powell commented on the Little League, the Easter Egg Hunt, Troop 219, the Arizona Department of Revenue workshop, congratulated the Citizens Leadership Institute graduates and commented on Flatiron Park, an upcoming employee kickball game and the mayor s prayer breakfast. Assistant City Manager Matt Busby gave a brief update on the monthly financial report. Councilmember Struble asked what the line item accrued revenue is and why it jumped over $400,000 from last year to this year in April. Assistant City Manager Matt Busby stated in the revenue report they will see actual revenue and what they call accrued revenue. REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 4 OF 11

10 These are trying to give us a truer snapshot of what revenues we actually collected that month but have not actually received the check or the cash from, for example, the Arizona Department of Revenue. They will see a bump. From last year they had an accrued revenue of about $1.5 million and this year it is about $1.9 million. Because of the transition to the department of revenue collecting our local sales tax, we have a poorer picture of where we are actually at. But based on our past experience and what we expect people should be remitting, our accrued revenue shows what we believe we actually will have. Councilmember Struble commented this just follows up with something Councilmember Waldron said about the HURF funds. This kind of falls into the same thing whereas, starting January 1, the state decided or a couple, three years ago the state decided they were going to start collecting sales tax and take it away from the city, and then supposedly remit it back to the city. This just shows the amount of money that they are holding from us and delaying returning it to the city so that we can use those funds to properly run the city, do the projects, do the infrastructure, pay our bills and everything. This is just an example of when our state decides to do things that we can do ourselves in a better way. Mayor Serdy called for a short recess. Mayor Serdy reconvened the meeting. PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR TRES BANDERAS FOR CINCO DE MAYO ) ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Serdy requested the applicant address the council. He added it says May 5 but it is May 6. Councilmember Barker commented it is a May 5 celebration. It says Cinco de Mayo and that is May 5. REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 5 OF 11

11 Mr. Shawn Pepper, 5675 E. 15th Avenue, Apache Junction, stated they wanted to give so many restaurants there the benefit of a Saturday, May 6. They have contacted the rest of the restaurants and they are waiting on what the council decides. commented it sounds like fun. Councilmember Barker Mr. Shawn Pepper invited them to come. They have a total of eight restaurants. Councilmember Barker commented she could see the little margarita and she thought that sounds like fun. Mr. Shawn Pepper stated they will be doing frozen drinks along with the food. The restaurants joining them will be Superstition Skies, Hitching Post, Cowboy Up, Handlebar, Cobb s, Dirtwater Springs and DJ Fairway Grill. They will be doing a little mini burger cook off. In June they will be doing another contest and they are hoping to move it to Superstition Skies for the Breast Cancer Association. In July they will be at another location. They have eight different restaurants that will take them through to December. They are trying to build business. Mayor Serdy asked if it will travel to each of these restaurants. Mr. Shawn Pepper stated absolutely. They hope to pick it back up again in May of next year when the winter visitors have moved and gone back home and we are trying to boost business again. commented it sounds good. Councilmember Barker Mr. Shawn Pepper stated they will try to get more restaurants next year. Mayor Serdy commented it is hard to go to chili cook offs and eat a bunch of chili. REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 6 OF 11

12 Mr. Shawn Pepper stated there are probably 16 of them over the next six months. Vice Mayor Wilson asked if they change the date in the motion from the fifth to the sixth. stated they do. City Clerk Kathleen Connelly Mayor Serdy opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Vice Mayor Wilson MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR TRES BANDERAS FOR MAY 6, 2017, SUBMITTED BY SILIVIA FLORES, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. THE MOTION. Councilmember Evans SECONDED VOTE: Unanimous. The motion carried. RESOLUTION NO , AUTHORIZING THE SUBMISSION OF THE CITY S CHOSEN CDBG AND SSP PROJECTS FOR FISCAL YEAR ) ) Grants Administrator Heather Patel briefed the council on the item. Mayor Serdy 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. Councilmember Waldron asked if they needed to fill in the blanks in the resolution. REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 7 OF 11

13 Grants Administrator Heather Patel stated that is just what was included in the packet. if they have to fill those. Councilmember Waldron asked Grants Administrator Heather Patel stated absolutely. They have to have a project for each funding source. Based upon the public input and leadership team, they are recommending under the CDBG program the design of the sidewalks and under the SSP program the installation. The other options are the other projects that she mentioned which would be the housing rehab or the emergency repair program. Mayor Serdy closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO , A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATIONS FOR FY 2017 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ( CDBG ) FOR THE DESIGN ENGINEERING OF GRANDVIEW SIDEWALKS, FOR THE FY 2017 STATE SPECIAL PROJECT ( SSP ) FUNDS FOR THE CONSTRUCTION OF GRANDVIEW SIDEWALKS, AND CERTIFYING THAT THE APPLICATIONS (1) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG AND SSP APPLICATIONS, BE APPROVED. THE MOTION. Councilmember Evans SECONDED VOTE: Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 8 OF 11

14 DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES SELECTION OF DATE, TIME AND LOCATION FOR BUDGET WORK SESSION, PUBLIC HEARING AND TENTATIVE AND FINAL BUDGETS FOR FISCAL YEAR ) ) Assistant City Manager Matt Busby briefed the council on the item. motion. Mayor Serdy called for a Councilmember Evans MOVED THAT THE DATE, TIME AND LOCATION FOR BUDGET WORK SESSION, PUBLIC HEARING AND ADOPTION OF TENTATIVE AND FINAL BUDGET FOR FISCAL YEAR BE AS FOLLOWS: 1. THE BUDGET WORK SESSION TO BE ON MAY 1, 2017; 2. THE TENTATIVE BUDGET ADOPTION AND PUBLIC HEARING TO BE MAY 15, 2017; AND 3. THE FINAL BUDGET ADOPTION AND PUBLIC HEARING JUNE 19, THE MOTION. Councilmember Barker SECONDED VOTE: Unanimous. The motion carried. Mayor Serdy called for a motion on the next council meetings. Councilmember Barker MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, MAY 1, 2017, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, MAY 2, 2017 IN THE CITY COUNCIL CONFERENCE ROOM. REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 9 OF 11

15 SECONDED THE MOTION. Councilmember Waldron VOTE: Unanimous. The motion carried. CALL TO THE PUBLIC Mr. Braden Biggs, 2492 W. Cactus Wren, Apache Junction, addressed the council to invite everyone to the Children First open house on May 4 and listed the areas of impact they will be concentrating on. Mr. P.J. O Malley, 321 N. Higley, Mesa, addressed the council regarding his concern about the current drive to nationalize the police. ADJOURNMENT ) ) Mayor Serdy adjourned the meeting at 7:55 p.m. Consent Agenda Items are as follows: 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of regular meeting of April 4, Consideration for approval of Resolution No , authorizing the City of Apache Junction to enter into an intergovernmental agreement with Arizona Department of Transportation for congestion mitigation and air quality improvement program funds. 4. Consideration of award of contract to Calmat Company dba Vulcan Materials Company for project No. PW in an amount not to exceed $48.75 per ton for pre-coated chips. 5. Consideration of award of contract to Hawker & Evans Asphalt Company for project No in an amount not to exceed $ per ton for asphalt emulsion. REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 10 OF 11

16 ACCEPTED THIS DAY OF, 2017, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF, ATTEST: JEFF SERDY Mayor 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 18th day of April, I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of April, KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 18, 2017 PAGE 11 OF 11

17 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 3. File ID: Sponsor: Heather Hodgman Index: Agenda Date: 5/2/2017 In Control: City Council Meeting Consideration of approval on the ratification of award of contract for janitorial services to JB Superior Maintenance Services, LLC in the amount of $22, per month with an annual cost of $275, City of Apache Junction, Arizona Page 1 Printed on 4/25/2017

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76 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 4. File ID: Sponsor: Joel Stern Index: Agenda Date: 5/2/2017 In Control: City Council Meeting Consideration of approval of employment agreement with presiding magistrate. The current employment agreement with Judge Hazel expires on June 30, This new agreement will be for a period of two years beginning July 1, 2017 and ending June 30, City of Apache Junction, Arizona Page 1 Printed on 4/25/2017

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83 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 5. File ID: Sponsor: Brian Gleave Index: Agenda Date: 5/2/2017 In Control: City Council Meeting Proclamation designating the week of May 21st - 27th, 2017 as Public Works Week. Brian Gleave, Fleet Supervisor will be in attendance to accept the proclamation. City of Apache Junction, Arizona Page 1 Printed on 4/25/2017

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85 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 6. File ID: Sponsor: Bryant Powell Index: Agenda Date: 5/2/2017 In Control: City Council Meeting City manager's report. City of Apache Junction, Arizona Page 1 Printed on 4/25/2017

86 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 7. File ID: Sponsor: Suleima Barrera Index: Agenda Date: 5/2/2017 In Control: City Council Meeting Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1446, case PZ-12-16, a request by Kathleen Pavicevic, represented by Brian C. Locker of Fowler St. Clair Law Firm, to rezone a 1.2-acre property at 980 E. Scenic Street from High Density Multiple-Family Residential (RM-2) to Low Density Single-Family Residential by Planned Development (RS-54/PD). The rezoning proposes to allow horses on the property that is currently developed with a conventional single-family home, on a lot less than 1.25 gross acres. City of Apache Junction, Arizona Page 1 Printed on 4/25/2017

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89 ORDINANCE NO AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTY DESCRIBED IN REZONING CASE PZ-12-16, A REZONING REQUEST BY KATHLEEN PAVICEVIC, REPRESENTED BY BRIAN C. LOCKER, FROM HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL ( RM-2 ), TO LOW DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL, CONVENTIONAL HOME PERMITTED BY PLANNED DEVELOPMENT ( RS-54/PD ); REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the subject site was developed before the adoption of the city s March 1985 zoning ordinance, pursuant to Ordinance No. 350; and WHEREAS, under the city s previous zoning ordinance and zoning districts maps, the property had been zoned High Density Multiple-Family Residential ( CR-5 ); and WHEREAS, in 1977 the property was developed with a conventional home; and WHEREAS, on May 6, 2014, pursuant to Ordinance No. 1402, the City adopted a new zoning ordinance and zoning district maps and the subject site was given a new zoning designation of High Density Multiple-Family Residential ( RM-2 ), the city s current equivalent to the old CR-5 zoning district; and WHEREAS, on April 11, 2017, the Planning and Zoning Commission, after a public hearing, voted to recommend approval of rezoning case PZ by a vote of 6 to 0 with one member being absent; and WHEREAS, the Mayor and City Council finds that the proposed rezoning is in general compliance with all of the applicable criteria as specified in the Apache Junction City Code, Volume II, ORDINANCE NO Page 1 of 3

90 Land Development Code, Chapter 1, Zoning Ordinance, Article 1-5: Zoning and Use Regulations, Section 1-5-1, Residential Use Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL The zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcel of land legally described as: The East 165 Feet of the South Half of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West 6 Feet Thereof (also known as Pinal County Assessor s Parcel No ) be and hereby is amended from High Density Multiple-Family Residential ( RM-2 ) to Low Density Single-Family Residential Conventional Home Permitted by Planned Development ( RS-54/PD ), subject to the following conditions: 1. At such time as the lot is further developed, and/or redeveloped, it shall be developed pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-5: Zoning and Use Regulations, Section Residential Use Regulations, for uses permitted in the RS-54 Low Density Single Family Zoning District. 2. The property shall be allowed horse privileges as permitted for 1.25 acre lots. 3. All existing and future structures 120 square feet or larger, or any structures which will be served by utilities, require building permits. ORDINANCE NO Page 2 of 3

91 SECTION II REPEALING ANY CONFLICTING ORDINANCES 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. 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, ATTEST: KATHLEEN CONNELLY City Clerk Jeff Serdy Mayor APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO Page 3 of 3

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116 City of Apache Junction Development Services Department RECOMMENDED MOTION (Updated Recommended Conditions) I move that the Planning and Zoning Commission recommend to the City Council the (APPROVAL/DENIAL) of rezoning case PZ-12-16, a rezoning request, for a +/-1.2 acre parcel located at 980 E. Scenic Street, from RM-2 (High Density Multiple-Family Residential) to RS-54/PD (Low Density Single-Family Residential by Planned Development), subject to the following conditions of approval: 1) At such time as the lot is further developed, and/or redeveloped, it shall be developed pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Section Residential Use Regulations for uses permitted in the RS-54 Low Density Single Family Zoning District. 2) Front yard landscaping shall be installed, to include 24 box trees planted at a rate of one tree for every 30 linear feet of frontage and three 5-gallon shrubs to accompany each tree. All plantings shall be within the property boundary. 3) The property shall be allowed horse privileges as permitted for 1.25 acre lots. 4) All existing and future structures 120 square feet or larger, or any structures which will be served by utilities, require building permits. Planning & Zoning Building & Safety Revenue Development 300 E. Superstition Boulevard Apache Junction, AZ Ph: (480) Fax (480)

117 PZ Rezoning from RM-2 to RS-54/PD 980 East Scenic Street City of Apache Junction City Council Meeting May 2, 2017

118 PZ Aerial Map Location: North side of E. Scenic Street between N. Royal Palm Road and N. Cactus Road Current Zoning: RM-2 PZ-12-16

119 PZ Vicinity & Zoning Map PZ-12-16

120 Site Plan Lot Dimensions: 159 X 330 (includes 33 easement for scenic) PZ-12-16

121 Background Single-family home constructed in 1977 Constructed before city s incorporation, which allows home to be grandfathered in, but still does not allow horses on property Kathleen Pavicevic purchased home in February, Code case was filed that same year (case #COD ), after code compliance received a complaint of horses on the property. Original Zoning CR-5 (Low Density Multiple-Family Residential) was in place until the adoption of new zoning code in May 2014, converting zoning to a similar designation, RM-2. Essentially the lot was a non-conforming lot whether it was zoned CR-5 or RM-2, because a conventional home and horses are not normally permitted on a lot smaller than 1.25 gross acres. Does not have the zoning and the lot size for horses on property PZ-12-16

122 Proposal The rezoning proposes to correct the zoning and allow horse privileges on the property that is currently developed with a conventional single-family home, on a lot less than 1.25 acres. PZ-12-16

123 PZ-12-16

124 Relationship to the General Plan Low Density Residential - (1.25 acre minimum lots) The adjacent properties are all zoned residential. While some lots are smaller than 1.25 acres, and some lots are zoned for multiple-family, these zoning designations and lot sizes existed prior to the adoption of the 2010 General Plan. The rezoning brings the property closer to compliance with the General Plan. PZ-12-16

125 Public Input Public Participation Summary Report Received a few responses in full support of the rezoning I believe keeping Apache Junction a horse friendly community is a true asset to the city. I also believe horse property keeps the valuation of properties higher which also benefits the city and the citizens. Jonna Baker Staff has not received any other public comment about this case at this time PZ-12-16

126 P&Z Public Hearing 4/11/17 Planning & Zoning Commission recommended approval of the staff recommendation by a vote of 6 to 0 (one Commissioner absent). Staff recommendation: Commissioners agreed to all conditions except for condition 2. Front yard landscaping shall be installed, to include 24 box trees planted at a rate of one tree for every 30 linear feet of frontage and three 5-gallon shrubs to accompany each tree. All plantings shall be within the property boundary. Two residents spoke at the hearing both in favor of the rezoning. A 5 th staff recommended condition was brought up that night. City suggests dedication of 33 FPE on the north half street of the Scenic alignment for right-of-way. PZ-12-16

127 Planning & Zoning Commission Recommended Conditions 1. At such time as the lot is further developed, and/or redeveloped, it shall be developed pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Section Residential Use Regulations for uses permitted in the RS-54 Low Density Single Family Zoning District. (See attached exhibit) 2. The property shall be allowed horse privileges as permitted for 1.25 acre lots 3. All structures 120 square feet or larger, or any structures which will be served by utilities, require building permits PZ-12-16

128 Staff Recommended Conditions to P&Z Commission 1. At such time as the lot is further developed, and/or redeveloped, it shall be developed pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Section Residential Use Regulations for uses permitted in the RS-54 Low Density Single Family Zoning District. (See attached exhibit) 2. Front yard landscaping shall be installed, to include 24 box trees planted at a rate of one tree for every 30 linear feet of frontage and three 5-gallon shrubs to accompany each tree. All plantings shall be within the property boundary. 3. The property shall be allowed horse privileges as permitted for 1.25 acre lots 4. All structures 120 square feet or larger, or any structures which will be served by utilities, require building permits 5. The north half street (33 feet) of the Scenic alignment shall be dedicated to the city. PZ-12-16

129 Questions and Discussion

130 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: 5/2/2017 In Control: City Council Meeting Discussion and public hearing on resident interest to amend Apache Junction City Code, Volume I, Chapter 8: Business, Article 8-8: Requirements for Community and Civic Events, adding a public notification process on outdoor entertainment activities which create noise, odor, dust, lighting, vibrations, or otherwise include the use of amplified music in any form (recorded or live). City of Apache Junction, Arizona Page 1 Printed on 4/25/2017

131 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. 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;

132 (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. 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. 2

133 (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. (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 3

134 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. 4

135 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 9. File ID: Sponsor: Kathy Connelly Index: Agenda Date: 5/2/2017 In Control: City Council Meeting Direction to staff on City Code Chapter 8 Business and City Tax Code in order to make both codes compatible with state changes in tax law; restore the pre-july 2007 manner of licensing businesses; establish a means of meeting the needs of zoning and building codes, law enforcement and public safety; customize requirements to meet local needs where possible; and update text to reflect current definitions and terminology. Council discussed this item at the April 17, 2017 work session. Direction is being requested to proceed with review of the codes to research and bring back recommendations that reflect current state of the law, best practices, customize code provisions to meet local needs where possible and restore access to licensing information needed by several city departments. City of Apache Junction, Arizona Page 1 Printed on 4/25/2017

136 APRIL 24, 2017 MEMORANDUM TO: THROUGH: FROM: HONORABLE MAYOR AND COUNCIL BRYANT POWELL, CITY MANAGER KATHLEEN CONNELLY, CITY CLERK SUBJECT: DIRECTION TO STAFF ON MAY 2, 2017 CHANGES TO CHAPTER 8 BUSINESS AND CITY TAX CODE At your April 17, 2017 meeting you discussed possible changes to City Code Chapter 8 Business and the City Tax Code. While some changes are necessary due to former Governor Brewer s tax simplification program and collection of our city sales and use taxes by the Arizona Department of Revenue as of January 1, 2017, there is an additional opportunity to review the entire chapter and come back with recommendations that would modernize and customize our licensing practices. At this time I am asking for your direction to proceed with a complete review of City Code Chapter 8 and the transaction privilege tax (TPT) license fee portion of the tax code and return with suggestions that would make both codes compatible with state changes, restore the pre-july 2007 manner of licensing businesses, customize and update requirements to meet local needs and update text to reflect current definitions and terminology. Please let me know if you have any questions.

137 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 10. File ID: Sponsor: Bryant Powell Index: Agenda Date: 5/2/2017 In Control: City Council Meeting Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, May 15, City of Apache Junction, Arizona Page 1 Printed on 4/25/2017