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HomeMy WebLinkAbout2011 07.19 City Council Regular Agenda / p PLEASE FILL OUT A"REQUEST TO SPEAK"FORM IF YOU WISH TO ADDRESS THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING ITEM • z Ci y n!A ac e fit muon Home of the ,S upentilzon:ioiintadn,. 4 ttOHfw p APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION, ARIZONA 85219 REGULAR MEETING AGENDA July 19, 2011 7:00 PM 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 items 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. Acceptance of Agenda 2. Approval of Minutes of Regular Meeting of July 5, 2011. 3 Consideration of approval of First Amendment to Lease Agreement with ATT Mobility Services for Location of Communication Equipment on City Property. ATT seeks to add communication equipment to its cell site located on city property Pursuant to the original agreement, ATT is required to pay additional monthly rent for the additional leased space and installation of equipment The first amended agreement outlines the terms 4. Acknowledge receipt of the 2010-2011 Annual Report of the Apache Junction Public Library. A R.S. §9-418 requires the Library Board to make an annual report to the governing body of the City on or before the first Monday of July of each year The report was adopted by the Library Board at its special meeting of June 23, 2011 5 Consideration of Resolution No. 11-27 authorizing the City of Apache Junction to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for Highway Safety Improvement Program grant funds. Staff respectfully requests City Council's approval on entering into an intergovernmental agreement with Arizona Department of Transportation for highway safety improvement program grant funds This agreement A . would provide intersection safety improvements at Idaho Road and Old West Highway 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 6 PRESENTATION OF APACHE JUNCTION POLICE DEPARTMENT EXPLORER CHALLENGE COINS TO THE HONORABLE MAYOR,CITY COUNCIL AND CITY MANAGEMENT. The Apache Junction Police Departments Explorers will present the Honorable Mayor,City Council and City Management with Challenge Coins 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 7. MANAGER'S REPORT 8. VIDEO PRESENTATION AND DISCUSSION OF THE SHOP APACHE JUNCTION -BACK TO SCHOOL ADVERTISEMENT Steve Filipowicz will present the newly created 30-second Shop Apache Junction-Back to School advertisement 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 None on. 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 None 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 None K COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters None L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 9 EXECUTIVE SESSION AT 5:45 P.M. AND WORK SESSION AT 7'00 P.M. FOR MONDAY, AUGUST 1,2011. 10 EXECUTIVE SESSION AT 5.45 P M FOR TUESDAY, AUGUST 2, 2011 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 regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through Friday,8 00 a m to 5 00 p m, excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at(480)474-2617 or(480)983-0095(TDD) at least 72 hours prior to the scheduled time /. /. CITY COUNCIL REGULAR MEETING JULY 5, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on July 5, 2011, at the Apache Junction City Council Chambers pursuant to the notice '... required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Smithson Councilmember Wilson (Vice Mayor Dietz was absent . ) Staff Present : Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Works Director Giao Pham Finance Director Donna Meinerts Development Services Director Brad Steinke Human Resources Director Liz Riley Economic Development Director Steve Filipowicz REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 1 OF 12 Assistant to the City Manager Matt Busby Others Present: City Magistrate James Hazel Captain Arnold Freeman Senior Planner Rudy Esquivias Public Works Manager Shane Kiesow Parks Superintendent Nick Blake Library Manager Spencer Paden Recreation Superintendent Liz Langenbach ACCEPTANCE OF CONSENT AGENDA Councilmember Coleman MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE CONTRACT RENEWAL BETWEEN THE GREATER PHOENIX ECONOMIC COUNCIL AND THE CITY OF APACHE JUNCTION FOR ECONOMIC DEVELOPMENT SERVICES IN THE AMOUNT OF $17, 477 . 00 WITH AN ADDITIONAL AMOUNT OF $1, 764 . 00 FOR A ONE-TIME CAPITAL OUTLAY FOR THE CITY' S SHARE TO BUILD A WEB-BASED PLATFORM TO BETTER MARKET AND BRAND OUR REGION FOR A TOTAL AMOUNT OF $19, 241 . 00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT COUNCILMEMBER SERDY BE REAPPOINTED AS THE CITY OF APACHE JUNCTION REPRESENTATIVE TO THE GREATER PHOENIX ECONOMIC COUNCIL BOARD OF DIRECTORS; AND THAT RESOLUTION NO. 11-25, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERMENTAL AGREEMENT WITH MARICOPA COUNTY (DEPARTMENT OF TRANSPORTATION) FOR FIRE PREEMPTION EQUIPMENT INSTALLATION AND MAINTENANCE ON COUNTY OWNED SIGNALS, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 2 OF 12 AWARDS, PRESENTATIONS AND COMMUNICATIONS Mayor Insalaco read a proclamation designating July as "Parks and Recreation Month" and presented it to Parks Superintendent Nick Blake and Recreation Superintendent Liz Langenbach. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson thanked the parks and recreation department for all they did yesterday, although it was unfortunate that a lot of wind came up and they had to cancel the fireworks display. A lot of people were there and the watermelon was delicious . Councilmember Wilson announced that he has a lost dog that was found on Starr Road. Anyone who knows the owner or the dog can contact his wife. Councilmember Barker seconded the kudos to parks and recreation for a marvelous event yesterday even without the fireworks . She gave more kudos to them for their maintenance of Prospector Park. She and about 6 to 8 dog owners go there every night about 7 p.m. and walk the park. It is beautifully maintained. They ran into a snake the other day and it was instantly removed by a park ranger. She appreciates the work they do. Councilmember Serdy announced he attended the First Friday event last Friday at the Superstition Art House. They will have an open house and an art event the first Friday of every month. The atmosphere was very nice. If other businesses can add to this by the winter it could make for a large event downtown. He .•. encouraged everyone to stop by the next First Friday and come up with ideas to build on it . Councilmember Smithson commented he enjoyed the Fourth of July Celebration at the high school and he was privileged to allow the mayor to significantly cool off twice. CITY MANAGER' S REPORT Assistant City Manager Bryant Powell read a couple of letters complimenting the staff at the multi-generational center and the pool, commented on the cancelled fireworks, the construction REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 3 OF 12 going on at Central Arizona College at the Superstition campus, and the Certificate of Achievement from the Government Finance Officers Association awarded to the finance department . PUBLIC HEARINGS APPLICATION FOR A LIQUOR LICENSE FOR MIRAGE SPORTS GRILL ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Mrs . Helen Woodruff, owner of the Mirage Sports Grill, addressed the council . Councilmember Barker commented the report from the police department mentions the patio fenced area would be to the east of the external wall, where there is a driveway. Mrs . Helen Woodruff stated the driveway is ]ust past it . Mr. Jeffrey Woodruff stated it will actually be between the building and the driveway. It is a graveled area right now and they plan to fence it in and put in a concrete patio. Councilmember Barker asked how large that area is . Mr. Jeffrey Woodruff stated he had not measured the area but he would guess 15' by 25' . There is also a side access door that they can use for access to the patio. Councilmember Barker stated the officer did not have a problem with the application. He just noted that in the report so she wanted to check that. He also noted that there were quite a few service calls to their REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 4 OF 12 current location. She asked how they are going to not have this happen at the new location. Mrs . Helen Woodruff stated she spoke with the sergeant and told him it is a continuing process of education with her bartenders and her servers. Any time the police have been called it has always been because whoever was working and in charge deemed that it was the .•\ appropriate thing to do. One call was for a gentleman having an epileptic seizure. An ambulance was called but the police show up also. It still counts as a service call . There are a few things like that in there, but it basically comes down to the fact that education for alcohol awareness has to be continuous . Every time she gets a new employee they have to be trained. They are doing the best that they can to make sure that there is not over serving and enough food being served. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council . He can remember only one or two of these that have been rejected or they did not recommend that the license be granted in the last 20 years . He has no quarrel or issue with this one. He would recommend looking at these as we do not know the people. It might be prudent to list the names of the applicant rather than just the business location or direct people to a place where they can find out that information. This is for the future, obviously not for this one. For someone to walk in to the meeting, they do not know who these people are or what their history is . Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. Councilmember Smithson asked if all the information that the council gets from staff is on the website. City Clerk Kathleen Connelly stated it is . It has been for several years . REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 5 OF 12 Councilmember Smithson stated anyone who wanted to get that information would have no trouble at all . They would just have to go to the website. City Clerk Kathleen Connelly stated that is correct . Councilmember Barker stated the entire packet is on the website. City Clerk Kathleen Connelly stated the application with all of the public applicant information is on the website. Councilmember Barker stated she has had to access the agendas on the website when she was out of town and participated on the phone. She does not get the paper copy. She goes online like anyone else, she does not have a secret password or anything, and she gets precisely what is in front of her and what is available to the public. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO. , SERIES 12 LIQUOR LICENSE FOR MIRAGE SPORTS GRILL, SUBMITTED BY HELEN WOODRUFF, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Coleman SECONDED THE MOTION. VOTE: Unanimous. The motion carried. PROPOSED RESOLUTION NO. 11-34, AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO BUREAU OF JUSTICE ASSISTANCE FISCAL YEAR 2011 BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 6 OF 12 .... AW Captain Arnold Freeman briefed the council on the item. Mayor Insalaco asked how the new etickets are working out. Captain Arnold Freeman stated they are working out very well . The judge is here and can attest to a lot of mistakes being corrected. It is now such an automated process it is kind of like writing tickets for dummies . They have actually decreased a lot of their mistakes . It is probably the single, best program for this amount of money in ten years . 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 Coleman MOVED THAT RESOLUTION NO. 11-34, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING SUBMISSION OF A PROPOSAL FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ("JAG") PROGRAM FY 2010 FUNDS; AND APPOINTING THE CITY MANAGER OR HIS DESIGNEE TO CONDUCT ALL NEGOTIATIONS AND EXECUTE ALL RELATED DOCUMENTS ASSOCIATED WITH THE SUBMITTAL, BE APPROVED. Councilmember Barker SECONDED THE MOTION. ,p VOTE: Unanimous . The motion carried. PROPOSED CASE AN-1-08, ANNEXATION OF APPROXIMATELY 50 ACRES OF VACANT STATE TRUST LAND AT THE SOUTHEAST CORNER AREA OF THE WEST ELLIOT AVENUE AND SOUTH MERIDIAN DRIVE ALIGNMENTS REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 7 OF 12 Senior Planner Rudy Esquivias briefed the council on the item Councilmember Coleman asked if the two subdivisions on the Maricopa County side have ingress and egress onto Elliot . Senior Planner Rudy Esquivias stated they do not . Elliot basically dead ends and Meridian .-. dead ends also. In the future there will be access between both communities . Councilmember Coleman asked how they get in and out . Senior Planner Rudy Esquivias stated to get in you would have to take the freeway to Signal Butte, go south and back around to Elliot and head eastward. He believes there are also additional entries from the south as well . Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council. He asked what the future development will be and why they should annex 50 acres right now. He wanted to the city to admit what they are putting in there . He asked what the extra expenses of this will be considering the budget crisis and employees being laid off. He commented they voted on the new general plan and questioned Agim, if the 50 acres had been included as it was not annexed at that time. It appears that the timing of this excludes the voters from that process . He would think there would be more than the usual transparency when it comes to what the plans are for the 50 acres . Apache Junction residents and Maricopa County residents have an interest in this. He does not want to have any legal problems as he knows how much the city dislikes legal problems. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 8 OF 12 Councilmember Coleman stated the general plan that was voted on goes clear down to Germann, so it was included and the voters did have a say. It is vacant and in the presentation they talked about lining up Elliot Road. He is not sure they were trying to be misleading or holding the cat in the bag. Councilmember Barker commented as stated in the packet which is available online, quote "the property is located in an area which has a general plan designation of master planned community mixed use, 4 to 8 dwelling units per acre", and it was part of the general plan that was voted on. Mayor Insalaco closed the discussion with no further comments and moved on to the next meeting. This was a public hearing item only. OLD BUSINESS None. NEW BUSINESS PROPOSED TENTATIVE FISCAL YEAR 2011-2012 CITY BUDGET Assistant City Manager Bryant Powell briefed the council on the staff involved with the budget. Finance Director Donna Meinerts briefed the council on the item. Councilmember Barker commented it is important for the public to understand that each councilmember has been personally walked through this budget for hours, with two of them a total of 6 hours. She was hanging on the end of a phone while everybody tried very hard to point out things. She was looking on her computer because all of this is online. That is how she did it. Every one of them has had hours of information, input, instructions, questions asked, questions answered, et cetera. She thanked staff for taking that time to educate her in this process . It was amazing and REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 9 OF 12 very educational . She learned a lot . She had a lot of questions and found that even after this was all said and done she still ended up questioning Matt for another couple of hours . No one needs fear that this has not been thoroughly looked at nor does anybody need fear that this has not been available for the public. It has been. Councilmember Coleman �. commented the Intergovernmental revenue includes HURF and the state-collected city revenues. Assistant City Manager Bryant Powell stated this is general fund historical . It does not include HURF but it does have the state-collected city revenues. Councilmember Coleman stated that is what keeps getting reduced. Mayor Insalaco commented HURF stands for Highway User Revenue Funds . Councilmember Coleman commented he wanted to point out that what the state does has a direct effect on us. We have to make the tough decisions on where to cut when the state cuts our revenues . He does not know if the term state-shared revenues appears in the statutes or not. He prefers to call them state-collected city revenues . It makes it seem like they are being benevolent when in fact it was approved by the voters for the cities to get a portion of our income back to provide services for those that are paying for them. Part of the reason why they had to make such drastic ^, reductions has been out of our control because the state takes funds to balance their budget on our backs, even though they tell us that they are not going to do that. Mayor Insalaco announced this item was for information only. He then closed the item and moved on to the next item. COUNCIL DIRECTION TO STAFF None. REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 10 OF 12 SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Barker MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, JULY 18, 2011, 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, JULY 'k 19, 2011 IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Smithson SECONDED THE MOTION. Councilmember Coleman asked if they needed to set a date and time for the final budget . City Clerk Kathleen Connelly stated they do not need to make a motion for that . She added as Donna pointed out, that is the last available date under state law. There was general discussion on when the budget meeting would be held. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding something that could support the city financially, his litigation with the city regarding the medical marijuana referendum, and staff behavior. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 : 45 p.m. Consent Agenda Items are as follows: 1 . Acceptance of Agenda. REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 11 OF 12 2 . Approval of Minutes of Regular Meeting of June 21, 2011 . 3. Consideration of contract renewal with the Greater Phoenix Economic Council (GPEC) for economic development services and reappointment of Councilmember Serdy as the City of Apache Junction representative to the GPEC Board of Directors . 4 . Consideration of Resolution No. 11-25, an intergovernmental .•. agreement with Maricopa County for Fire Pre-emption Equipment Installation and Maintenance on County Owned Traffic Signals at Southern Avenue and Meridian Drive. ACCEPTED THIS 19TH DAY OF JULY, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF JULY, 2011 . JOHN S. INSALACO Mayor 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 5th day of July, 2011 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this llth day of July, 2011 . le KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 5, 2011 PAGE 12 OF 12 AMIlw t'pACHf 44'1 s (lQ City of Apache junction U " Z Home of•the Superstition Mountains 4Pizoo/ Print TO: City Manager's Office FROM: Ruth Giese, Assistant to the City Manager DATE: July 19, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM• Consideration of approval of First Amendment to Lease Agreement with ATT Mobility Services for Location of Communication Equipment on City Property ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: ATT seeks to add communication equipment to its cell site located on city property. Pursuant to the original agreement, ATT is required to pay additional monthly rent for the additional leased space and installation of equipment. The first amended agreement outlines the terms. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download Lt AT&T first Amended agreement FIRST AMENDMENT TO LEASE AGREEMENT WITH AT&T MOBILITY SERVICES FOR LOCATION OF COMMUNICATION EQUIPMENT ON CITY PROPERTY THIS FIRST AMENDMENT is made and entered into this day of 2011, ("the Execution Date") by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("Landlord"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company successor in interest and formerly known as AT&T WIRELESS PCS, INC., a Delaware Corporation d/b/a AT&T Wireless Services ("Tenant"), sometimes both collectively referred to as the "Parties". RECITALS 1. On March 14, 2000, the Parties entered a Lease Agreement (the "Lease") under which Landlord leased to Tenant a portion of real property in order to enable Tenant to erect, operate and maintain certain communication equipment on the terms and conditions set forth in the Lease. 2. Tenant desires to increase the area in which operations are conducted and maintained on the leased premises, to accommodate space for backup power equipment. 3. In consideration for such additional leased space, rent will be increased from $1,721.90 to $2,221.90 per month. 4. Tenant also desires to install two larger sized microwave dishes to enhance capability to send telephone landline signals and other information. 5. In consideration for such installation, rent will be increased from $2,221.90 to $2,333.00 per month. 6. Mutual interest exists to amend the March 14, 2000 Lease consistent with these new terms. AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to amend the March 14, 2000 Lease as follows: AMENDMENT OF LEASE: The Lease originally executed by the Parties on March 14, 2000 shall be amended as follows. A) The title of the Lease is amended to: Lease Agreement with New Cingular Wireless PCS, LLC, d/b/a AT&T Mobility for Location of Communication Equipment on City Property. B) SECTION 1. Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord a portion of the Owned Premises, consisting of space for directional antennas, connecting cables and appurtenances on Tower, space for an equipment shelter, and space for any other backup power equipment, as shown on the revised Site Plan depicted in Exhibit A attached hereto. C) SECTION 3. Rent. A. Tenant shall, within thirty (30) calendar days of the Execution Date, pay Landlord the sum of Two Thousand Three Hundred Thirty-three Dollars ($2,333.00) on a monthly basis. Any deficiency due to the Lease annual increase shall be forwarded to Landlord within thirty (30) calendar days. D) SECTION 24. Notices. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows. IF TO TENANT: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site #: P193; Cell Site Name: APACHE JUNCTION Fixed Asset No: 10091199 12555 Cingular Way, Suite 1300 Alpharetta, Georgia 30004 With the required copy of legal notice sent to Tenant at the address above, a copy to the Legal Department: New Cingular Wireless PCS, LLC Attn: AT&T Legal Department Re: Cell Site# P193; Cell Site Name: APACHE JUNCTION Fixed Asset No.: 10091199 2 PO Box 97061 Redmond, WA 98073-9761 Or, if sent via nationally recognized overnight courier: New Cingular Wireless PCS, LLC Attn: AT&T Legal Department Re: Cell Site# P193; Cell Site Name: APACHE JUNCTION Fixed Asset No.: 10091199 16331 NE 72"d Way Redmond, WA 98052-7827 A copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. With a copy to Local Contact: New Cingular Wireless PCS, LLC Attn: AZ/NM Network Property Management 20830 N. Tatum Blvd #400 Phoenix, AZ 85050 IF TO LANDLORD: City of Apache Junction 1001 North Idaho Road Apache Junction, Arizona 85219 E) Except as expressly amended herein, all other original terms and provisions of the Lease executed by the Parties on or about March 14, 2000 shall remain in full force and effect until the Lease is terminated. IN WITNESS WHEREOF, the parties have caused this First Amendment to be signed by their duly authorized representatives as of the day and year first above written. "TENANT" New Cingular Wireless PCS, LLC, By: AT&T Mobility Corporation Its: Manager By: Name: Title: Date: 3 "LANDLORD" CITY OF APACHE JUNCTION, an Arizona municipal corporation By. JOHN S. INSALACO Title: Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 4 STATE OF ARIZONA ) ) ss. COUNTY OF ) On the _ day of , 2011, before me personally appeared , and acknowledged under oath that he is the of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, the Tenant named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Tenant. Notary Public My Commission Expires. (seal) STATE OF ARIZONA ) ss COUNTY OF PINAL ) The foregoing was acknowledged before me this day of , 2011, by John S. lnsalaco, the Mayor of City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: (seal) 5 EXHIBIT A SITE PLAN . 0 O . . .: 1 i.. I la w " J 0 6 ' s x I _ 0�o 1_ 1 Ii .. s . I i .., iii ,..-• .. •:* u. 140W 4r alp O ®S 00 00000 �� a!isillill a a e a `- I Di 0 1051 I I Ai j f 0 u u O ice' _ ;� ,f , ----------- 4 I 11 U 5 O : 1 - ] I � _ i .1 i.t.0,4, ••• 7 ply- , ii _ 0 I ii ,g - a J maik ii . cu i '_ ®1 III �pA �Ck �G 4 f F .i City of Apache Junction Home qfthe Superstition Mountains 4Paot" 251 Print TO: City Manager's Office FROM: Spencer Paden, Library Manager DATE: July 19, 2011 Agenda Type Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: Acknowledge receipt of the 2010-2011 Annual Report of the Apache Junction Public Library ACTION REQUESTED: Information Only (No discussion) DISCUSSION/BACKGROUND INFORMATION: A R S §9-418 requires the Library Board to make an annual report to the governing body of the City on or before the first Monday of July of each year The report was adopted by the Library Board at its special meeting of June 23, 2011 FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Statutory Requirement RECOMMENDATION: Staff requests City Council acknowledge receipt of the 2010-2011 Annual Report of the Apache Junction Public Library ATTACHMENTS: Click to download No Attachments Available a giACHE doy ' # z o� City of A_pache Junction Home of'the Superstition Mountains 4PlzoN Print TO: City Manager's Office FROM: Emile Schmid, Senior Project Engineer, on behalf of Giao Pham P.E., Interim Public Works Director DATE: July 19, 2011 Agenda Type • Regular Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: Consideration of Resolution No. 11-27 authorizing the City of Apache Junction to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for Highway Safety Improvement Program grant funds. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Staff respectfully requests City Council's approval on entering into an intergovernmental agreement with Arizona Department of Transportation for highway safety improvement program grant funds This agreement would provide intersection safety improvements at Idaho Road and Old West Highway. FISCAL IMPACT: OPTIONS/ ALTERNATIVES: RECOMMENDATION: Approval ATTACHMENTS: Click to download D Memo to Council t] Resolution No. 1 1-27 *OW HE,/ y Public Works Department .01 W*9,e,c9- 3-if7f-irva; Home of the Superstition Mountains 4A ZON MEMORANDUM Date: July 7, 2011 To• Mayor and Members of City Council Through George Hoffman, City Manager From: Emile Schmid, Senior Project Engineer, on behalf of Giao Pham, Interim Public Works Director Subject: Utilization of Unobligated Highway Safety Improvement Program (HSIP) Funds Intersection Safety Improvements: Idaho Road and Old West Highway Although the timing is extremely aggressive, the City has pursued and is hoping to utilize these available funds for the design of an intersection safety improvement project at the intersection of Idaho Road and Old West Highway as follows: Design (FY11) Federal-aid Funds. $ 36,916 City's Match: $ 2,231 Subtotal — Design $ 39,147 Construction (FY12) Federal-aid Funds. $ 182,224 City's Match: $ 11.015 Subtotal —Construction $ 193,239 Total (Design and Construction) Federal Funds (STP) $ 219,140 Total Estimated City Funds $ 13,246 Total Estimated Project Costs $ 232,386 The Public Works Department is requesting City Council to approve the new Joint Project Agreement (JPA) /Intergovernmental Agreement (IGA) with ADOT(JPA/IGA 11-0891) for the above reference project. Construction items for this project includes raised medians along Idaho Road (north and south of the intersection); sidewalk ramp upgrades to make them ADA compliant at all curb returns and pedestrian refuge areas in the Old West Highway medians; and drainage improvements, creating a "shovel ready"project. 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480)982-8005 RESOLUTION NO. 11-27 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT FUNDS. WHEREAS, Congress established the Highway Safety Improvement Program ("HSIP") for the specific purpose of achieving a significant reduction in traffic fatalities and serious injuries on public roads; and WHEREAS, the State and the City have identified systematic improvements within the City as being eligible under this program; and WHEREAS, the purpose of this point effort is to allow the State to acquire federal funds for the design of an intersection safety improvement project at the intersection of Idaho Road and Old West Highway (the "Project") , and WHEREAS, the State shall be the designated agent for the City; and WHEREAS, the estimated design total cost of the Project is $39, 147. 00, including Civil Engineering Design and State Design Review, which represents 100% funding; and WHEREAS, Federal-aid funds will contribute $36, 916. 00 for design of the Project; and WHEREAS, the required City leftover matching funds for design of the Project is $2, 231 . 00; and WHEREAS, the attached written agreement ("IGA/JPA 11-089I") sets forth the financial and administrative conditions for design of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The Mayor and City Council hereby approve the attached intergovernmental agreement between the City of Apache RESOLUTION NO 11-27 PAGE 1 OF 2 Junction and the Arizona Department of Transportation ("IGA/JPA 11-089I") and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) Under the terms of IGA/JPA 11-089I, the City will pay for the design costs associated with the Project. 3) The City Manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2011. SIGNED AND ATTESTED TO THIS DAY OF , 2011 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 11-27 PAGE 2 OF 2 ADOT File No IGA/JPA 11-089I AG Contract No.: P001 2011 00 Project Construction & Installation Section. Idaho Rd @ Old West Highway Federal Project No.: APJ-0(204)A ADOT Project No SH496 03D/01C COG/MPO TIP Item No.• FMPO Budget Source Item No.: 72811/12 INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date , 2011, pursuant to the Arizona Revised Statutes § 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City") The State and the City are collectively referred to as"Parties" I. RECITALS 1 The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State 2 The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City 3. Congress has established the Highway Safety Improvement Program (HSIP) as a core Federal- aid for the specific purpose of achieving a significant reduction in traffic fatalities and serious injuries on public roads The State, the Federal Highway Administration (FHWA) and the City have identified systematic improvements within the City as eligible for this funding. 4 The improvements proposed in this Agreement, hereinafter referred to as the 'Project,' include the design and construction for the installation of medians and upgrading of pedestrian ramps, crosswalks and drainage work The State will utilize a State On-Call Consultant firm to complete the Project design work The State will advertise, bid and award a contract for the construction phase of the Project. 5 The interest of the State in this project is the acquisition and distribution of HSIP Funds for the use and benefit of the City and to authorize such HSIP Funds for the project pursuant to Federal law and regulations. The State shall be the designated agent for the City Page 2 IGA/JPA 11-089I The current Project costs are as follows ADOT Project No.: SH496 030/01C SH496 03D(design): HSIP funds @ 94.3% $ 36,916.00 City's match @ 5 7% $ 2,231.00 Subtotal—Design $ 39,147.00 SH496 01C(construction): HSIP funds @ 94 3% $ 182,224 00 City's match @ 5.7% $ 11,015.00 Subtotal—Construction* $ 193,239.00 Total Estimated City Funds $ 13,246.00 TOTAL FEDERAL FUNDS $ 219,140.00 *TOTAL Estimated Project Costs $ 232,386.00 *(Includes CE and project contingencies) The Parties acknowledge that the final bid amount may exceed the initial estimate(s) shown above, and in such case,the City is responsible for, and agrees to pay, any and all eventual, actual costs exceeding the initial estimate If the final bid amount is less than the initial estimate, the difference between the final bid amount and the initial estimate will be de-obligated or otherwise released from the Project The City acknowledges it remains responsible for, and agrees to pay according to the terms of this Agreement, any and all eventual, actual costs exceeding the final bid amount The Project will be performed, completed, accepted and paid for in accordance with the Project plans and specifications THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows II. SCOPE OF WORK 1 The State will a Upon receipt of the City's estimated design share of the Project, submit to the Federal Highway Administration (FHWA) all required documentation pertaining to the above-mentioned Project with the recommendation that funding be approved for design. b On behalf of the City, perform work and approve documents required by FHWA to qualify certain projects for and to receive Federal funds Such documents may consist of, but are not specifically limited to, environmental documents, the preparation of the analysis requirements for documentation of environmental categorical exclusion determinations; review of reports, design plans, maps, and specifications, geologic materials testing and analysis, right-of-way related activities and such other related tasks essential to the achievement of the objectives of this Agreement Incorporate comments from the City as appropriate Page 3 IGA/JPA 11-089I c. Request the maximum HSIP funds programmed for this Project, including City contract administration costs. Should costs exceed the maximum HSIP funds available it is understood and agreed that the City will be responsible for any overage d Upon completion of design, and prior to construction, invoice the City, for the City's share of construction costs Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs e Submit to the FHWA all required documentation pertaining to the Project with the recommendation that funding be approved for construction f Upon approval by FHWA, receipt of all City funds, and with the aid and consent of the City and the FHWA, the State shall proceed to advertise for, receive and open construction bids subject to the concurrence of the FHWA and the City, for whom the award is made and enter into a contract(s) with a firms(s)for the construction of the Project. g Hereby be granted, without cost requirements, the right to enter City right-of-way as required to conduct any and all construction and pre-construction related activities for said Project, including without limitation, temporary construction easements or temporary rights-of-entry on to and over said rights-of-way of the City h Not be obligated to maintain said Project, should the City fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement 2 The City will a Designate the State as authorized agent for the City, if such project is approved by the FHWA and project funds are available for the design and construction of the Project. b Within thirty (30) days of receipt of an invoice from the State, and prior to the performance or authorization of any work, remit $2,231 00 to the State, the amount equal to the difference between the total costs of the design work provided for in this Agreement and the total amount of Federal funds (capped) allocated for the design of this Project c. Review design plans, specifications and other such documents and services required for the construction bidding and construction of the Project and provide comments to the State as appropriate. d. Upon completion of design, within thirty (30) days of receipt of an invoice from the State, and prior to bid advertisement, remit to the State, the City's estimated share of funds for the construction costs of the Project in the amount equal to the difference between the total costs of the work provided for in this Agreement and the amount of Federal Aid (capped) received, currently estimated at$11,015 00. e Be obligated to incur any expenditure should unforeseen conditions or circumstances increase the cost of said work required by a change in the extent of scope of the work requested by the City Such changes require the prior approval of the State and FHWA Be responsible for any contractor claims for additional compensation caused by Project delays attributable to the City Payment for these costs shall be made within thirty(30) days of receipt of an invoice from the State f. Certify that all necessary rights-of-way have been or will be acquired prior to advertisement for bid and also certify that all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the Project area, shall be removed from the proposed right-of-way, or will be removed prior to the start of construction Coordinate with the appropriate State's Right-of-Way personnel during any right-of-way process performed by the City,as applicable Page 4 IGA/JPA 11-089I g. Not permit or allow any encroachments upon or private use of the right-of-way, except those authorized by permit In the event of any unauthorized encroachment or improper use, the City shall take all necessary steps to remove or prevent any such encroachment or use h Hereby grant the State, its agents and/or contractors, without cost, the right to enter City Rights-of-Way, as required, to conduct any and all construction and preconstruction related activities, '^ including without limitation, temporary construction easements or temporary Rights-of-Entry to accomplish among other things,soil and foundation investigations i. Be responsible for any unforeseen conditions or circumstances which increase the cost of said work Should a change in the extent or scope of the work called for in this Agreement become necessary, be obligated to incur and will pay for said increased costs j Enter into an agreement with the State's On-Call design consultant which states that the design consultant shall provide services as required and requested throughout the design and construction phases of the Project. k Require the design consultant to provide a set of as-built plans upon completion of the construction phase of the Project. An electronic version of the as-built plans shall be forwarded to Arizona Department of Transportation Local Government Section I. Upon completion of the Project, agree to accept and assume full responsibility of said Project in writing m. Pursuant to 23 USC 102(b), repay all Federal funds reimbursements for preliminary engineering costs on the Project if it does not advance to right of way acquisition or construction within ten (10) years after Federal funds were first made available III. MISCELLANEOUS PROVISIONS 1 The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of said Project, except any provisions for maintenance/electrical power and/or landscaping maintenance shall be perpetual by the City Further, this Agreement may be cancelled at any time prior to advertisement of the project construction contract, upon thirty days (30) written notice to the other party. It is understood and agreed that, in the event the City terminates this Agreement, the State shall in no way be obligated to maintain said Project 2 The State assumes no financial obligation or liability under this Agreement, or for any resulting construction Project The City, in regard to the City's relationship with the State only, assumes full responsibility for the design, plans, specifications, reports, the engineering in connection therewith and the construction of the improvements contemplated, cost over-runs and construction claims. It is understood and agreed that the State's participation is confined solely to securing federal aid on behalf of the City and the fulfillment of any other responsibilities of the State as specifically set forth herein, that any damages arising from carrying out, in any respect, the terms of this Agreement or any modification thereof shall be the liability of the City and that to the extent permitted by law, the City hereby agrees to save and hold harmless, defend and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all costs and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, misrepresentation, directives, instruction or event arising out of the performance or non performance of any provisions of this Agreement by the State, any of its departments, agencies, officers and employees, or its independent contractors, the City, any of its agents, officers and employees, or its independent Page 5 IGA/JPA 11-089I contractors. Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs,and expenses of litigation and attorneys'fees. 3 This agreement shall remain in force and effect until completion of the work and resolution of related deposits and reimbursements 4 The cost of design, construction and construction engineering work under this Agreement is to be covered by the HSIP funds set aside for this Project, up to the maximum available The City acknowledges that the eventual actual costs may exceed the maximum available amount of HSIP funds, or that certain costs may not be accepted by the federal government as eligible for HSIP funds Therefore,the City agrees to furnish and provide the difference between actual costs and the HSIP funds received 5 The cost of the project under this Agreement includes applicable indirect costs approved by the FHWA 6. The City and the State warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the "Act"). Additionally, in a timely manner,the City will provide information that is requested by the State to enable the State to comply with the requirements of the Act, as may be applicable. 7 This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General 8 This Agreement may be cancelled in accordance with Arizona Revised Statutes§ 38-511 9 To the extent applicable under law, the provisions set forth in Arizona Revised Statutes § 35-214 and§ 35-215 shall apply to this Agreement 10 This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U S C 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36 The parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non-Discrimination" A. 11 Non-Availability of Funds. Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph 12. In the event of any controversy, which may arise out of this Agreement, the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12- 1518 13 All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows Arizona Department of Transportation City of Apache Junction Joint Project Administration Attn Giao Pham, P E 205 S. 17th Avenue, Mail Drop 637E 575 E Baseline Avenue Phoenix, Arizona 85007 Apache Junction, Arizona 85119 (602) 712-7124 (480) 982-1055 (602) 712-3132 Fax (480) 982-8005 Fax Page 6 IGA/JPA 11-089I For Financial Matters• Donna Meinerts, Finance Director 300 E Superstition Blvd Apache Junction, AZ 85119 (480) 474-5451 14 Compliance requirements for Arizona Revised Statutes §41-4401—immigration laws and E-Verify requirement: a. The City warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Arizona Revised Statutes§ 23-214(A) b. A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract, and the City may be subject to penalties up to and including termination of the Agreement. c The State retains the legal right to inspect the papers of any employee who works on the Project to ensure that the City or subcontractor is complying with the warranty under paragraph (a) 15 Pursuant to Arizona Revised Statutes § 35-391 06 and § 35-393 06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes § 35-391 and/or§ 35-393, as applicable If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement. 16 The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended 17 In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each party's legal counsel and that the parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form �. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN S. INSALACO SAM MAROUFKHANI, P E. Mayor Deputy State Engineer, Development ATTEST By KATHY CONNELLY City Clerk IGA/JPA 11-089I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an Agreement among public agencies which, has been reviewed pursuant to Arizona Amok Revised Statutes § 11-951 through § 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona No opinion is expressed as to the authority of the State to enter into this Agreement DATED this day of , 2011 City Attorney ROLL CALL VOTE NOTES 4/0 111/4) r/113/A / I I' ITEM # MEETING OF MOTION BY: SECONDED BY: YES NO ABSTAINED VICE MAYOR DIETZ COUNCILMEMBER WILSON I COUNCILMEMBER BARKER ✓ COUNCILMEMBER SERDY COUNCILMEMBER SMITHSON COUNCILMEMBER COLEMAN MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEMS NO. 1-5 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE FIRST AMENDMENT TO THE LEASE AGREEMENT WITH AT&T MOBILITY SERVICES FOR ADDITIONAL LEASED SPACE AND INSTALLATION OF EQUIPMENT, INCREASING THE RENT FROM $1,721.90 PER MONTH TO $2,333.00 PER MONTH, AND AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AMENDMENT PENDING FINAL APPROVAL AS TO FORM BY �► THE CITY ATTORNEY; AND THAT ACKNOWLEDGEMENT BE GIVEN FOR THE RECEIPT OF THE 2010-2011 ANNUAL REPORT OF THE APACHE JUNCTION PUBLIC LIBRARY, AND THAT RESOLUTION NO 11-27, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT FUNDS, BE APPROVED. ... rpACHF✓G JJ° do City of Apache Junction (J 2 Home of the Superstition Mountains �ltON* Print TO: City Manager's Office FROM: Jerald. L. Monahan, Chief of Police DATE: July 19, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: PRESENTATION OF APACHE JUNCTION POLICE DEPARTMENT EXPLORER CHALLENGE COINS TO THE HONORABLE MAYOR, CITY COUNCIL AND CITY MANAGEMENT. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: The Apache Junction Police Department's Explorers will present the Honorable Mayor, City Council and City Management with Challenge Coins FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available (54 rPA II �✓Gy(+ . z City of Apache Junction Home of the Superstition Mountains 4ihrow. Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: July 19, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM. MANAGER'S REPORT. ACTION REQUESTED. DISCUSSION / BACKGROUND INFORMATION. FISCAL IMPACT: OPTIONS/ALTERNATIVES. RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available ..... - leeli °4iii City of l padre Jitn -tion Uzloom 0f �`hhe ,4'rr/ersill on MaJ,nia:ll .gIza ' as Print '� TO: City Manager's Office FROM• Steve Filipowicz, Economic Development Director DATE. July 19, 2011 Agenda Type : Regular Agenda Council Priority Focus Area Economic Development TITLE OF AGENDA ITEM: VIDEO PRESENTATION AND DISCUSSION OF THE SHOP APACHE JUNCTION - BACK TO SCHOOL ADVERTISEMENT ACTION REQUESTED Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: Steve Filipowicz will present the newly created 30-second Shop Apache Junction - Back to School advertisement FISCAL IMPACT: Budgeted Expenditure OPTIONS/ ALTERNATIVES: RECOMMENDATION: ATTACHMENTS- Click to download No Attachments Available ROLL CALL VOTE NOTES (x 41 ' ITEM # MEETING OF MOTION BY SECONDED BY YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY COUNCILMEMBER COLEMAN VICE MAYOR DIETZ COUNCILMEMBER BARKER V COUNCILMEMBER SMITHSON MAYOR INSALACO UNANIM7IS IN FAVOR OPPOSED ABSTAINED TOTAL fig c ITEM NO. 9 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M. AND A WORK SESSION AT 7.00 P M BE HELD ON MONDAY, AUGUST 1, 2011, 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, AUGUST 2, 2011 IN THE CITY COUNCIL CONFERENCE ROOM. ROLL CALL WS:I / 11 REG. SPEC 1 10U CITY COUNCIL. P / A P / A P / A MAYOR INSALACO V �'/ VICE MAYOR DIETZ / V COUNCILMEMBER BARKER / ✓ V COUNCILMEMBER COLEMAN / I V COUNCILMEMBER SERDY / V/ 7 COUNCILMEMBER SMITHSON ii COUNCILMEMBER WILSON V V TOTAL 1 I , / CITY STAFF 1 i I ''� )1j v City Manager George Hoffman 4 Assistant City Manager Bryant Powell 4- V/ City Clerk Kathleen Connelly ✓ V City Attorney Joel Stern ),.- V Public Safety Director Jerald ,..-- Monahan Interim Public Works Director/ City Engineer Giao Pham Parks & Recreation Director Jeff Bell L f Finance Director Donna Meinerts l Development Svcs Director Brad Steinke i/ Human Resources Director Liz Riley i 1'a irrg—'1 lanagetre421-B ker Economic Development `, Director Steve Filipowicz Assistant to the City Manager ✓' ,(��/, Matt Busby {')" On OTHERS ./ l A