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Home My WebLink About2011 09.06 City Council Regular Agenda PLEASE FILL OUT A"REC ST TO SPEAK" FORM IF YOU WISH TO ADDR' THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING Mvt Pp ACHE✓G "o Ci • ty of tpache Junction U 2 Home of the Super:c/itzon : Iollrlldun 4RIZONr APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA September 6, 2011 7:00 PM A. CALL TO ORDER. E 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 Special Meeting of August 15, 2011. 3. Approval of Minutes of Regular Meeting of August 16, 2011. 4• Consideration of City Attorney's Revised Employment Agreement. After 14 years of service to the city, Chief Deputy City Attorney/City Prosecutor Mary Ann Coyne has elected to retire effective September 8 at 6 00 p.m. Options have been presented to the Mayor and City Council on how to handle the criminal caseload, including hiring a newly admitted attorney, a mid-level attorney, a private attorney specializing in criminal law,or incorporating the full- time caseload into the City Attorney's current caseload. The most cost effective option is the last option, and would result in savings to the city of approximately$42,000 for the balance of the current fiscal year and$82,000 each fiscal year thereafter. This option provides assignment pay to the City Attorney for covering the full-time prosecutorial function in addition to his existing responsibilities. 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. None 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. 5 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 None. l 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 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 6. PRESENTATION AND DISCUSSION ON THE FISCAL YEAR 2011-2012 COUNCIL WORK PLAN At the beginning of each fiscal year the city council adopts a legislative work plan. The legislative work plan identifies priority and focus items that may require legislative action by the council. City council reviewed the first draft at the August 15 Work Session Three additional items have been included in the new draft that were discussed at that meeting Superstition Vistas, Downtown Events, and Shop Local. 7. PRESENTATION AND DISCUSSION ON RESOLUTION NO. 11-41, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL LEASE AGREEMENT WITH THE APACHE JUNCTION WATER UTILITIES COMMUNITY FACILITIES DISTRICT FOR LEASE OF PREMISES AT THE APACHE JUNCTION CITY HALL COMPLEX Recently the Arizona Legislature instituted a Municipality Fee to assist in funding the Arizona Department of Water Resources (ADWR) The Fee is assessed against all municipalities whether they are the operators of a water utility system or not Concurrently,the water district is moving into a portion of the Apache Junction City Hall complex The office lease formalizes the landlord-tenant relationship between the two entities as well as providing a funding source for the ADWR Municipality Fee. $. PRESENTATION AND DISCUSSION ON A DEVELOPMENT AGREEMENT WITH APACHE PALMS, LLC. Negotiations have been entered into with Apache Palms, LLC, a mobile home park south of Old West Highway, east of Winchester Drive and north of Broadway Development Agreement deal points include setback accommodations, easement corrections and other development related items, as- a result of the Central Arizona College expansion project 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, SEPTEMBER 19, 2011. 10 EXECUTIVE SESSION AT 5.45 P.M. FOR TUESDAY, SEPTEMBER 20, 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 podiun'^eak into the microphone,provide their name anc'.'ress.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 p CITY COUNCIL SPECIAL MEETING AUGUST 15, 2011 The special meeting of the City Council of the City of Apache Junction, Arizona, was held on August 15, 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. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Smithson Councilmember Wilson Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Parks and Recreation Director Jeff Bell Finance Director Donna Meinerts Others Present : Public Works Manager Shane Kiesow Captain Arnold Freeman Community Relations Manager Pat Brenner DISCUSSION ON FINAL BUDGET FOR FISCAL YEAR 2011-2012 ) City Manager George Hoffman briefed the council on the item. SPECIAL MEETING OF THE CITY COUNCIL AUGUST 15, 2011 PAGE 1 OF 3 Vice Mayor Dietz thanked everyone for putting together a wonderful budget . They had to do some things they were not accustomed to doing and it was difficult for everyone involved. With everyone' s help, they came out with a very good document . He gave his thanks and appreciation to everyone. Councilmembers Barker and Wilson agreed. Mayor Insalaco closed the discussion with no further comments and moved on to the next item. PUBLIC HEARING: PROPOSED FINAL BUDGET FOR FISCAL YEAR 2011-2012 ) 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 council discussion, he moved on to the next item. CONSIDERATION OF PROPOSED RESOLUTION NO. 11-38, ADOPTION OF FINAL BUDGET FOR FISCAL YEAR 2011- 2012 ) Mayor Insalaco called for a motion. Councilmember Coleman MOVED THAT RESOLUTION NO. 11-38, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, FULLY ADOPTING '� ESTIMATES OF EXPENDITURES BY THE CITY OF APACHE JUNCTION FOR THE FISCAL YEAR BEGINNING JULY 1, 2011, AND ENDING JUNE 30, 2012; DECLARING ESTABLISHMENT OF THE BUDGET FOR THE CITY OF APACHE JUNCTION FOR FISCAL YEAR 2011-2012; AND DECLARING AN EMERGENCY, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . SPECIAL MEETING OF THE CITY COUNCIL AUGUST 15, 2011 PAGE 2 OF 3 The motion carried. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 : 04 p.m. ACCEPTED THIS 6TH DAY OF SEPTEMBER, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. p SIGNED AND ATTESTED TO THIS 6TH DAY OF SEPTEMBER, 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 special meeting of the City Council of the City of Apache Junction, Arizona, held on the 15th day of August, 2011 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 16th day of August, 2011 . )677 (f KATHLEEN CONNELLY City Clerk SPECIAL MEETING OF THE CITY COUNCIL AUGUST 15, 2011 PAGE 3 OF 3 CITY COUNCIL REGULAR MEETING AUGUST 16, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on August 16, 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 Coleman led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Smithson Councilmember Wilson Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Interim Public Works Director Giao Pham Others Present : Captain Arnold Freeman REGULAR MEETING OF THE CITY COUNCIL AUGUST 16, 2011 PAGE 1 OF 10 ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE AWARD OF BID FOR PW 2011-08, PRE-COATED CHIPS, BE AWARDED TO MESA MATERIALS, INC. IN THE AMOUNT OF $47 . 87 PER TON, AND THAT AUTHORITY BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT THE AWARD OF BID FOR PW 2011-07, PAVING MATERIALS, BE AWARDED TO MESA MATERIALS, INC. FOR 12 . 5 MM 51% AC SUPERPAVE AT $65. 20 PER TON, 19 MM 4 . 8% AC SUPERPAVE AT $61 . 63 PER TON, 119 MM 5 . 0% AC EVAC AT $65. 20 PER TON, AND COLD MIX AT $99. 60 PER TON, AND THAT AUTHORITY 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 PW 2011-12, SLURRY SEAL PROJECT, BE AWARDED TO SOUTHWEST SLURRY SEAL THROUGH PINAL COUNTY COOPERATIVE CONTRACT #EC09-002 IN THE AMOUNT OF $110, 467 00 PLUS 10% CONTINGENCY IN THE AMOUNT OF $11, 046. 70 FOR UNFORESEEN CHANGE ORDERS, FOR A TOTAL AMOUNT NOT TO EXCEED $121, 513 . 70; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT THE AWARD OF BID FOR PW 2011-09, MATERIAL AND LABOR TO LOWER AND RAISE MANHOLES AND VALVES AT VARIOUS LOCATIONS AROUND THE CITY, BE AWARDED TO SPECIALTY COMPANIES GROUP, LLC IN THE AMOUNT OF $250 . 00 PER MOBILIZATION, $125 . 00 TO LOWER ONE MANHOLE, $250 00 TO RAISE ONE MANHOLE, $125 . 00 TO LOWER ONE WATER VALVE, $225 . 00 TO RAISE ONE WATER VALVE, AND $75 . 00 TO INSTALL ONE SURVEY MONUMENT; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT RESOLUTION NO. 11-39, 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 THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR INSPECTION OF BRIDGES AND CULVERTS WITHIN THE CITY LIMITS, BE APPROVED; AND THAT RESOLUTION NO. 11-17, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING A REGULAR MEETING OF THE CITY COUNCIL AUGUST 16, 2011 PAGE 2 OF 10 Aallk SALARY EQUIVALENT FOR PURPOSE OF COMPUTING WORKERS' COMPENSATION INSURANCE PREMIUMS AND COMPENSATION BENEFITS FOR VOLUNTEER RESERVE POLICE OFFICERS AND THE NUMBER OF OFFICERS ENTITLED TO SUCH BENEFITS, BE APPROVED; AND THAT RESOLUTION NO. 11-18, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING A SALARY EQUIVALENT FOR PURPOSE OF COMPUTING WORKERS' COMPENSATION ,^ INSURANCE PREMIUMS AND COMPENSATION BENEFITS FOR CITY VOLUNTEERS AND THE NUMBER OF VOLUNTEERS ENTITLED TO SUCH BENEFITS, BE APPROVED; AND THAT THE AWARD OF BID FOR PD 2011-01, POLICE MOTORCYCLES, BE AWARDED TO VICTORY MOTORCYCLES IN THE AMOUNT OF $52, 832 . 76; AND THAT RESOLUTION NO. 11-40, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING SUBMISSION OF A REVISED PROPOSAL FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ("JAG") PROGRAM (FY 2011) 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 Coleman SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Coleman announced he has become a grandfather again today for the fifth time. His daughter Christy had her third child, a daughter named Emma . Her husband works for Eager Police Department . REGULAR MEETING OF THE CITY COUNCIL AUGUST 16, 2011 PAGE 3 OF 10 Mayor Insalaco introduced his son, Sergeant First Class Frank Insalaco, who is here to help out the National Guard Phoenix Hazardous Materials Unit . CITY MANAGER' S REPORT None. PUBLIC HEARINGS �.N RESOLUTION NO. 11-14, DECLARING PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN WAGONWHEEL AND GOLDFIELD AS NO LONGER NECESSARY FOR PUBLIC USE ) Interim Public Works Director Giao Pham briefed the council on the item. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. Councilmember Wilson asked if they had looked into possibly keeping the one section of right- of-way on Goldfield. Interim Public Works Director Giao Pham stated they still own the rights for Goldfield. Councilmember Wilson asked about the section just north of there. Interim Public Works Director Giao Pham stated that is something they will have to talk to the city attorney about . Historically they have extinguished an area and then asked the property owners to dedicate portions of their property on the other side. It goes into the gift clause. Certain property owners will say that one is worth more than the other. They are trying to stay away from that and move forward with a lot of these extinguishments. Down the road he will talk to the city manager' s office and the city attorney insofar as REGULAR MEETING OF THE CITY COUNCIL AUGUST 16, 2011 PAGE 4 OF 10 land swapping. He is not sure they are legally able to do that without a proper appraisal . That is something they will try to address at a future date. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Coleman MOVED - THAT RESOLUTION NO. 11-14, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE FROM WAGONWHEEL ROAD TO GOLDFIELD ROAD AND DESCRIBED IN EXTINGUISHMENT CASE EX-11-14 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. RESOLUTION NO. 11-16, DECLARING DEDICATED RIGHT-OF-WAY AND ROADWAY EASEMENTS LOCATED ON BROADWAY BETWEEN IDAHO AND WINCHESTER ARE NO LONGER NECESSARY FOR PUBLIC USE ) Interim Public Works Director Giao Pham briefed the council on the item. A— Vice Mayor Dietz commented he thinks staff did a real good job in negotiating with the college. He thinks it worked out well for everybody. 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 Barker MOVED THAT RESOLUTION NO. 11-16, A RESOLUTION OF THE MAYOR AND CITY REGULAR MEETING OF THE CITY COUNCIL AUGUST 16, 2011 PAGE 5 OF 10 COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF THE PUBLIC ROADWAY EASEMENTS LOCATED ON BROADWAY AVENUE FROM IDAHO ROAD TO WINCHESTER ROAD AND DESCRIBED IN EXHIBIT A AND DEPICTED IN EXHIBIT B, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY, BE APPROVED. Councilmember Smithson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. RESOLUTION NO. 11-20, DECLARING PUBLIC ROADWAY EASEMENTS OVER UNNAMED ROADS LOCATED WITHIN THE CASA VILLA SUBDIVISION ARE NO LONGER NECESSARY FOR PUBLIC USE Interim Public Works Director Giao Pham briefed the council on the item. Councilmember Coleman asked if the roads that have already been built have been built to city standards . Interim Public Works Director Giao Pham stated they have. Mayor Insalaco opened the public hearing on the item. There being no one wishing to r. speak, he closed the public hearing and reopened the item to council discussion. There being no discussion, he called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 11-22, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF THE PUBLIC ROADWAY EASEMENTS OVER UNNAMED ROADS LOCATED WITHIN THE CASA VILLA SUBDIVISION AND DESCRIBED IN EXTINGUISHMENT CASE EX-11-20 ARE NO LONGER NECESSARY FOR PUBLIC REGULAR MEETING OF THE CITY COUNCIL AUGUST 16, 2011 PAGE 6 OF 10 USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . a The motion carried. RESOLUTION NO. 11-29, DECLARING PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN BOWMAN AND CONESTOGA ARE NO LONGER NECESSARY FOR PUBLIC USE Interim Public Works Director Giao Pham briefed the council on the item. Councilmember Wilson asked if Conestoga Road also has a similar easement . Interim Public Works Director Giao Pham stated he believes it does. When they close off extinguishment, they make sure they are not landlocking a parcel. There are viable public access or easements that the property owners will have access to, whether it is along 2nd Avenue or Conestoga. 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. 11-29, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE FROM BOWMAN ROAD TO CONESTOGA ROAD AND DESCRIBED IN EXTINGUISHMENT CASE EX-11-29 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY, BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16, 2011 PAGE 7 OF 10 Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz announced the work session on September 5, 2011, has been cancelled to honor Labor Day. He then MOVED THAT AN EXECUTIVE SESSION AT 5 . 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON TUESDAY, SEPTEMBER 6, 2011, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: None ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 : 20 p.m. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16, 2011 PAGE 8 OF 10 .d► Consent Agenda Items are as follows: 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of August 2, 2011 . 3. Consideration of award of bid to Mesa Materials, Inc. for pre-coated chips to be used in the chip seal project. 4 . Consideration of award of bid to Mesa Materials, Inc. for paving materials for the city' s street reconstruction operations . 5 . Consideration of approval to enter into contract with Southwest Slurry Seal for the street maintenance slurry sealing of select city streets through Pinal County cooperative contract #EC09-002 for $110, 467 . 00 with a 100 contingency of $11, 046. 70 for a total not to exceed the amount of $121, 513 . 70 . 6. Consideration of award of bid of PW 2011-09 to Specialty Companies Group, LLC for material and labor to lower and raise manholes and valves at various locations throughout the City of Apache Junction. 7 . Consideration of proposed Resolution No. 11-39, authorizing the City of Apache Junction to enter into an intergovernmental agreement with the Arizona Department of Transportation for inspection of bridges and culverts within the city limits . 8 . Consideration of proposed Resolution No. 11-17, establishing the salary equivalency for the city' s volunteer reserve police officers for use in calculation of workers' compensation coverage and identifies the number of these volunteers eligible for coverage. 9 . Consideration of proposed Resolution No. 11-18, establishing the salary equivalency and total number of public safety volunteers eligible for workers' compensation coverage . 10 . Consideration and PD 2011-01, award of bid to Victory Motorcycles in an amount not to exceed $52, 832 . 76. REGULAR MEETING OF THE CITY COUNCIL AUGUST 16, 2011 PAGE 9 OF 10 11 . Consideration of proposed Resolution No. 11-40 authorizing the re-submission of a grant application to the Bureau of Justice Assistance Fiscal Year 2011 Byrne Memorial Justice Assistance Grant (JAG) . ACCEPTED THIS 6TH DAY OF SEPTEMBER, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF SEPTEMBER, 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 16th day of August, 2011 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 17th day of August, 2011 . KATHLEEN CONNELLY r City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 16, 2011 PAGE 10 OF 10 PpACHFvo o Cit` pache Junction of U z� Home o/ the Super:riition Mountains garzotsr Print TO: City Manager's Office FROM: R.Joel Stern, City Attorney DATE: September 6, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: Consideration of City Attorney's Revised Employment Agreement. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: After 14 years of service to the city, Chief Deputy City Attorney/City Prosecutor Mary Ann Coyne has elected to retire effective September 8 at 6.00 p.m. Options have been presented to the Mayor and City Council on how to handle the criminal caseload, including hiring a newly admitted attorney, a mid-level attorney, a private attorney specializing in criminal law, or incorporating the full-time caseload into the City Attorney's current caseload The most cost effective option is the last option, and would result in savings to the city of approximately$42,000 for the balance of the current fiscal year and $82,000 each fiscal year thereafter This option provides assignment pay to the City Attorney for covering the full-time prosecutorial function in addition to his existing responsibilities. FISCAL IMPACT: Budgeted Expenditure ')PTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download L) Staff memo L C ty Attorney employment agreement INTEROFFICE MEMO OFFICE OF THE CITY ATTORNEY TO: Honorable Mayor and DATE: September 6, 2011 Members of the City Council FROM: R. Joel Stern City Attorney SUBJECT: ASSUMPTION OF PROSECUTORIAL FUNCTIONS; OUR FILE NO. 11- 045 Recently, Chief Deputy City Attorney/City Prosecutor Mary Ann Coyne decided, pursuant to the City Manager's voluntary separation program, to leave City service after 14 years of outstanding performance. Her last day is September 8, 2011. There are multiple alternatives for handling the prosecutorial functions, which include hiring a newly admitted member of the bar, an attorney with 3-5 years prosecutorial experience, a private attorney specializing in criminal prosecution, or incorporating the duties into the current duties of the City Attorney. The most financially advantageous option for the City is to have the full-time prosecutorial function merged into the City Attorney's current workload. With this option, even taking into consideration the expense of the separation package offered to Ms. Coyne (approx. $20,000) and the City Attorney's requested $35,000 for assignment pay (plus approximately $7,000 in corresponding benefits), the savings to the City will be approximately $42,000 the first fiscal year, and $82,000 each fiscal year thereafter should such coverage continue (see attached calculations). The merging of the criminal and civil caseload will be scrutinized by Council on December 5-6, 2011, and thereafter as Council determines is appropriate, to measure the continued viability, effectiveness, and cost savings to the City. With my twenty plus years as a licensed attorney in Arizona and California, which includes felony and misdemeanor case loads in Mohave County and the City of Riverside, and covering the prosecution function during Ms. Coyne's periodic absences over the last 14 years, I am certain I am well suited for the added workload and I believe the cost savings to the City will continue without compromising the City's legal position in any matter. R. Joel Stern City Attorney Attachment FIRST FISCAL YEAR Prosecutor annual salary plus benefits 123,715.81 MAC(7/1/11-9/8/11 plus incentive) - 46,188 48 RJS(assignment pay and benefits 9/9/11- 6/30/12) - 35.550.57 Savings to City 41,976.76 FISCAL YEARS THEREAFTER Prosecutor annual salary 123,715.81 RJS(assignment pay and benefits) - 42.015.29 Savings to City 81,700.52 EMPLOYMENT AGREEMENT WITH CITY ATTORNEY THIS AGREEMENT is made and entered into this day of September, 2011 by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City") and RICHARD JOEL STERN ("Employee") both of whom understand the following: RECITALS A. Employee was appointed City Attorney in August 1997. B. Employee serves at the pleasure of the City Council of the City of Apache Junction, Arizona ("Council"). C. Employee desires to continue to serve as the City Attorney. D. As a budgetary reduction measure, Employee and City have agreed that the prosecutorial function of the office previously performed by the full-time Chief Deputy City Attorney/City Prosecutor be absorbed in Employee's responsibilities effective September 9, 2011, with review of such assignment on or about December 5-6, 2011 and anytime thereafter as determined appropriate by the Council. E. It is the desire of the parties to amend the terms and conditions by which the City shall receive and retain the services of Employee and to provide for him to remain in such employment; to make possible full work productivity by assuring his peace of mind with respect to future security; and to provide for terminating his services at such time as he may be unable to fully discharge his duties and when Council may otherwise desire to terminate his employ. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1. DUTIES Council hereby agrees to employ Employee as City Attorney to assume the powers of and perform the functions and duties specified in the City Attorney job description on file with the Human Resources Division, as well as the prosecutorial functions previously performed by the retiring Chief Deputy City Attorney/City Prosecutor. 1 SECTION 2. AT-WILL STATUS A. Employee shall fulfill the powers, functions and duties of City Attorney and shall serve at will in this capacity subject to the Termination provisions pursuant to Section 3, below. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City Council to terminate the services of Employee at any time subject only to the provisions set forth in Section 3 below. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position as City Attorney, subject only to the provisions set forth in Section 3 below. D. Employee agrees to remain in the exclusive employ of City and further agrees neither to accept other employment nor to become employed by any other employer without Council approval, or until this Agreement is terminated. SECTION 3. TERMINATION / RESIGNATION A. In the event the City Council desires to terminate this Agreement with Employee, an affirmative vote of five (5) or more members of the Council at any regular meeting or special meeting is required. A lump sum payment equal to six (6) months of Employee's then current aggregate salary, the value of City paid dental and life insurance premiums for six (6) months, and also six (6) months' equivalent of City's 401A Profit Sharing contribution will be paid to Employee, in addition to all accrued vacation and sick leave at 100% value, plus the actual cost of full COBRA health benefits for the period of six (6) months. These amounts are deemed as fully earned at the time any termination decision is made official. Employee shall sign a Waiver and Release of all claims and causes of action against the City in order to process this pay out provision. B. In the event Employee resigns on his own volition, Employee shall be paid all of his accrued salary, vacation and sick leave, all at 100% value, but will not be paid any other payments as referenced in subsection (A). However, if he resigns, he shall give Council ninety (90) calendar days' written notice of such resignation. Council may choose to accept and effectuate his resignation before the end of the ninety (90) calendar day period, in which case it shall pay Employee a lump sum cash payment equal to his unpaid accrued salary, vacation and sick leave, all at 100% value, through and to Employee's initially announced last day. 2 C. In the event Employee is terminated because of a conviction relating to any felony or loss of license to practice law in the State of Arizona, Council shall have no obligation to make any extra payment referenced in subsection (A) except for all of Employee's accrued salary, vacation and sick leave at 100% value. Council reserves the right to suspend any payment referenced in subsection (A) while felony charges are pending, or during any proceedings which involve a felony conviction or which would result in the loss of the license to practice law in the State of Arizona. SECTION 4. SALARY A. Effective September 9, 2011, City agrees to pay Employee One Hundred Forty Seven Thousand Seven Hundred Sixty Seven Dollars and Forty One Cents ($147,767.41) per annum for services, payable in installments at the same time as other employees of the City are paid. Employee and City may negotiate additional compensation and benefit terms as they deem fit at any time this Agreement is in effect, however, the Council shall conduct an evaluation of Employee starting in April of each year this Agreement is in effect. B. City shall also pay Employee any Cost of Living, Base Wage Adjustment or any other general increase which is passed and adopted by the City Council applicable to all City employees at any time when this Agreement is in effect. SECTION 5. AUTOMOBILE City will provide Employee with a late model automobile for all City- related business on a twenty-four (24) hour basis. The automobile may be used to drive to and from work, but not for personal use other than transportation to and from work. Due to the confidential nature of Employee's position, the Mayor and City Council hereby exempt this vehicle pursuant to A.R.S. § 38- 538.03(B) from the marking requirements of A.R.S. § 38-538(B). The City will also provide, at no cost to Employee, insurance, registration, repairs and maintenance, and gasoline. SECTION 6. OTHER SUPPLEMENTAL BENEFITS A. Vacation Leave. Employee shall on a Fiscal Year basis, accrue thirty (30) days of vacation. On September 1st each year this Agreement is in effect, City shall pay Employee the equivalent cash value of Employee's then current hourly rate of any accrued vacation in excess of One Hundred (100) hours. 3 B. Sick Leave. Employee shall on an annual basis accrue twelve (12) days of sick leave. In addition, on September tat each year this Agreement is in effect, City shall convert two hundred fifty (250) hours of Employee's accrued sick leave into a lump sum cash payment and provide such payment to Employee at Employee's then current hourly rate. C. Notification. Employee shall notify Mayor and Council of any planned or unplanned absences from the office which exceed five (5) consecutive work days. D. Other Benefits. All action taken by Council relating to fringe benefits for employees in the executive ranges shall be considered actions granting the same benefits to Employee. The term "fringe benefits" include but are not limited to vacation, sick leave, holidays, retirement, health, dental, vision, long-term disability and life insurance. City shall also pay Employee's annual state and federal active bar memberships. E. Professional Dues and Seminar Costs. Within the departmental budget, City will pay for all seminars and educational programs which relate to municipal issues and those which assist the City Attorney in the performance of his duties. F. Deferred Compensation. Employee may contribute to City's approved Deferred Compensation 457 Plan the maximum amount allowable under I.R.S. rules and regulations during each calendar year this Agreement is in effect. Per each Fiscal Year this Agreement is in effect, City shall contribute on behalf of Employee an amount equal to the then current maximum allowable 457 Plan amount (under I.R.S. rules and regulations) into the City's approved 401(A) Profit Sharing Plan identified below. This City-paid contribution shall be in addition to any 401(A) Profit Sharing Plan contribution the City has agreed to pay to Employee as otherwise set forth in subsection (G) below. G. ICMA 401(A) Profit Sharing Plan. During each Fiscal Year this Agreement is in effect, City shall contribute on behalf of Employee Thirteen Thousand Dollars ($13,000.00) into the ICMA 401(A) Profit Sharing Plan. Employee shall be vested in all contributions at the time the City deposits its first contribution into the Plan on behalf of the Employee. Nothing in this paragraph restricts additional Employee contributions into the ICMA 401(A) Profit Sharing Plan. H. Life Insurance Supplement. In addition to standard City-provided life insurance, City shall on August 15th of every year this Agreement is in effect reimburse Employee a supplemental life insurance annual premium not to exceed Three Thousand Dollars ($3,000.00). 4 SECTION 7. INDEMNIFICATION City shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or any other legal action, whether groundless or otherwise, arising out of any alleged act or omission occurring in the course and scope of performance of Employee's functions and duties. City will compromise and settle any such claim or suit and pay the amount of all settlements or judgments rendered against Employee and/or City. SECTION 8. OTHER TERMS AND CONDITIONS Council, in consultation with Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or conflict with the provisions of this Agreement, the Apache Junction City Code, or any other statute, ordinance or regulation. SECTION 9. NOTICES Notices pursuant to this Agreement shall be in writing and be given by: 1) personal delivery by the party or their agent; or 2) deposit in the custody of the United States Postal Service, postage prepaid, return receipt requested, or private sector overnight or one-day service and addressed as follows or as such address may be changed from time to time upon notice to the other: City: Mayor John Insalaco City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85119 Employee: Richard Joel Stern -- 11111.1111111 SECTION 10. ATTORNEY FEES In the event it becomes necessary for either party to bring legal action to enforce any provision of this Agreement, the parties agree that the prevailing party shall be entitled to attorney fees. SECTION 11. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties. No other promises, representations, warranties, or covenants have been relied on by either party in executing this Agreement. 5 SECTION 12. ASSIGNMENT This Agreement is not assignable by either City or Employee. SECTION 13. SEVERABILITY If any section, paragraph, clause or provision of this agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this agreement. IN WITNESS WHEREOF, City and Employee have caused this Agreement to be executed the day and year first above written. EMPLOYEE By: Date Richard J. Stern CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Date John S. Insalaco, Mayor ATTEST: Kathleen Connelly, City Clerk 6 ROLL CALL VOTE NOTES: n fry ci,i)„. ,,,,,, ' � lq C�' ZII ITEM # MEETING OF 64 MOTION BY: I() " SECONDED BY: I L'�' YJS NO ABSTAINED COUNCILMEMBER SMITHSON I COUNCILMEMBER BARKER V VICE MAYOR DIETZ COUNCILMEMBER COLEMAN V / COUNCILMEMBER SERDY COUNCILMEMBER WILSON V MAYOR INSALACO J UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEMS NO. 1-4 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT APPROVAL BE GIVEN FOR THE CITY ATTORNEY'S REVISED EMPLOYMENT AGREEMENT; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. PpACH,c✓o • ° .£ City of Apache Junction f a,. U Z Home of the Superstition Mountains 4RI2o - Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: September 6, 2011 p 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 Pp AC HE✓G y`'o Ci0 Of pathe junction U Z Home of the Superstition Mountains 4 plzONr Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: September 6, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON THE FISCAL YEAR 2011-2012 COUNCIL WORK PLAN ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: At the beginning of each fiscal year the city council adopts a legislative work plan. The legislative work plan identifies priority and focus items that may require legislative action by the council City council reviewed the first draft at the August 15 Work Session Three additional items have been included in the new draft that were discussed at that meeting. Superstition Vistas, Downtown Events, and Shop Local. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: .3ECOMMENDATION: ATTACHMENTS: Click to download la FY 2011-2012 Council Work Plan City Council Legislative Work Plan Fiscal Year 2011-2012 DEVELOPMENT OF COMMUNITY 1 Comprehensive Zoning Code Update This update will be a significant policy document for the community and will be a major in-house project for the department;at current staffing levels,it will likely take a year and a half to complete. 2 Comprehensive Development Fee Update The State Legislature has changed the law for development fees. The city will need to hire professional consultants to prepare the development fee study,infrastructure improvement plan and fee study in accordance with those changes. 3. Portahs Planning This project has been on the council's work program for several years. There is a possibility that the state may wish to proceed ahead with the City's Planning processes within the next year 4 Superstition Vistas The Superstition Vistas project area covers 275 square miles of undeveloped Arizona state trust land on the eastern edge of Phoenix City Council is interested in actively tracking the progress of the long term project and provide input to stakeholders state, county,and other stakeholders COMMUNITY INFRASTRUCTURE 5. Street and Transportation Strategic Plan Develop a strategic five to ten year for the city's transportation network. 6. Annual Street Maintenance Plan Consider the planned street maintenance and construction projects for the FY 11/12. -- 7. Preventive Maintenance Street Projects Consider an award of contract for slurry seal projects as per FY 11/12 Annual Street Maintenance Plan. 8 Rehabilitative Maintenance Street Projects Consider an award of contract for asphalt concrete overlay projects as per FY 11/12 Annual Street Maintenance Plan. 9. Procurement of Fleet/HURF Vehicles Consider an award for the procurement of city fleet vehicles and equipment. 10. Engineering Standards and Public Works Fees Amok Consideration of updates to the existing engineering guidelines and public works fees 11 North Apache Trail Improvements Consider an award of contract for the construction of improvements to North Apache Trail. 12. Superstition Mountain Community Facilities District Intergovernmental Agreement(IGA) .� Consider a potential IGA between the City and Superstition Mountain Community Facilities District 13 Apache Junction Fire District IGA Consider changes and updates to the existing IGA between the City of Apache Junction and the Apache Junction Fire District(AJFD). A new addition to the IGA would include the maintenance of EVP on ADOT signals outside the city but within the AJFD. 14 School District IGA The school district has indicated interest in modifying the existing IGA relating to facility use and maintenance This project would involve significant staff work by the district and city The city council and school board would ultimately approve modifications to the IGA. 15 Multi-Hazard Mitigation Plan Discuss and consider a Multi-Hazard Mitigation plan The Disaster Mitigation Act of 2000 requires all local,county, tribal and state governments to have a FEMA approved hazard mitigation plan in order to be eligible for federal disaster mitigation funds As a result,the city has been collaborating with other incorporated municipalities,Pinal County and the State of Arizona to develop a hazard mitigation plan for the area The plan will focus on the area's most threatening hazards and provide a strategy to reduce or eliminate the risk from those hazards 16 Alternative Street Funding Collections to the Highway Users Revenue Fund continue to decline and maintenance needs for city streets continue to increase Council and staff will seek out new ways to preserve vital city infrastructure 17 Community Garden If requested, consider means to assist in the formation of a community garden 18 Dog Park A location and plan for a dog park has already been accepted by City Council but no funding source has been identified Direct staff to research and identify alternative funding sources to build this park PUBLIC SAFETY 19. Towing Request for Proposal Council has expressed interest in improving and streamlining the current vehicle towing process for Police related matters 2 20 Hunting within Quarter-mile of Occupied Structures within City SB1334 prohibits municipalities from enacting any ordinance or regulation limiting the lawful taking of wildlife during open season established by the Game and Fish Commission unless the ordinance is consistent with state law and rules adopted by the Commission Municipalities can adopt an ordinance prohibiting the discharge of a weapon within one-quarter mile of an occupied structure Because we relied upon previous state law to regulate the discharge of weapons within the city limits,we do not have any city code provision establishing the same limitation Council may wish to adopt such a provision. 21. Emergency Operations Planning and Practice Review, practice, and improve the City's planning and preparedness for community emergencies THE CITY: INTERNAL ISSUES 22 Ethics Assess the City's policies and training for Council, Boards and Commissions, and staff. 23 Request for Proposal for Health Insurance Carrier Due to the annual increases in health care costs, staff anticipates re-bidding health insurance in FY 11/12 for an implementation in FY 12/13 24 Request for Proposal for Employee Flexible Spending Account Provider Staff periodically reviews the market for all benefit providers to ensure the benefits provided to the employees are provided at a reasonable cost to the city and the employee 25 Enhanced Customer Service Hours Assess pilot program for enhanced customer service hours Consider whether or not to retain 26 Personnel Rules Revision Discussion and consideration of possible personnel Rules revision related to the implementation of the 4/10 schedule if continued beyond the pilot period 27. Recommendation to Council for Revised Labor Market With the 2010 census complete,staff recommends that the city council review the current city labor market and discuss possible changes to improve our gauge of the labor market 28. Review Employee Class and Compensation with Labor Market Cities To remain competitive in the labor market,city council has historically requested staff periodically compare employee class and compensation with labor market cities It has been approximately 4 years since the last review. 3 29 Investment Debt Management Policy The city's financial advisor has counseled that the city adopt an Investment and Debt Management Policy Doing such will assist city staff in the management of their fiduciary duties. 30 League Resolutions Each year the city council has the opportunity to submit or cosponsor resolutions to the League of Arizona Cities and Towns Resolutions Committee. 31. City Tax Code Research and possible consideration of amending the city tax code regarding a city use tax. 32 Best Value Procurement Members of the City Council expressed interest in researching and possible consideration of amending the city purchasing code to allow for awarding bids according to"best value" instead of strictly lowest bid 33 Water District Incorporation Some members of the city council expressed interest in researching, discussing, and possible consideration of making the Water District a city owned utility. 34. Annual Budget Council will consider the FY 2012-2013 annual budget. 35 Worker's Compensation Insurance for Volunteers As the city government continues to contract, reliance on the assistance provided by volunteers has been essential in continually providing quality services to residents of the community Providing workers compensation for these important team members helps protect them and the city during AIM lk the important service they provide ECONOMIC DEVELOPMENT 36. Greater Phoenix Economic Council Contract Renewal This is an annual opportunity for the city council to review Apache Junctions' participation in the Greater Phoenix Economic Council(GPEC), consider the return on investment(RIO) and hear of GPEC's plans for the coming year, prior to making a decision on contract renewal 37 Trail of Flags Discuss the frequency of and/or modification to current practice 38. Shop Local Discuss current shop local program and research potential opportunities in expanding the program 4 39 Downtown Events Research and discuss opportunities to facilitate bringing additional events into the downtown 40 Downtown Policies Numerous polices need to be addressed by the city council according to the Downtown Redevelopment and Implementation Strategy adopted on September 21, 2010, including. Goal 1.4.a-Establish a program to collect"hard" data on winter visitor statistics. Goal 4 1 a-Encourage commercial buildings to connect to existing sewer lines through financial incentives Goal 4.1.c-Impact fees waived for new development less than 20,000 square feet in Transition Zone. Goal 4 3 b-Offer three year partial tax rebate to local businesses to relocate downtown. Goal 4.3.c-Allocate percent of new city sales tax from development outside downtown to downtown Goal 4 4 d-Consider forming a Business Improvement District for enhanced services Goal 4.5.c-Consider dedicating a portion of the City of Apache Junction's Transient Lodging Tax for tourism Goal 4 6 a-Allocate 1%of the construction costs of new public projects for art within downtown Goal 4.7.a-Program infrastructure improvements (water, sewer,streets)to eliminate deficiencies and enhance liveability. Goal 5.1.c-Modify the Meridian Redevelopment Area to include the gap in the downtown Goal 6 4 a-Work with Pinal County to acquire rodeo grounds Goal 6 6 e-When normal enforcement is not effective the city should use abatement procedures to clean up properties, bill owners Goal 7 1 a-Develop Capital Improvements Program to include downtown projects Goal 7 3 e-City Toolkit should be updated to reflect correct information. Goal 7 4.i-Revise the Infill Incentive District to reflect actual incentives 5 Amok ITEM NO. 6 DISCUSSION ITEM ONLY—NO ACTION AT THIS TIME. O City of Apache Junction 2 Home of the .rupe;:ciztton :V1ountain., 4Rizoo* Print TO: City Manager's Office FROM: Frank Blanco, Water District Director DATE: September 6, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON RESOLUTION NO. 11-41, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL LEASE AGREEMENT WITH THE APACHE JUNCTION WATER UTILITIES COMMUNITY FACILITIES DISTRICT FOR LEASE OF PREMISES AT THE APACHE JUNCTION CITY HALL COMPLEX. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Recently the Arizona Legislature instituted a Municipality Fee to assist in funding the Arizona Department of Water Resources (ADWR) The Fee is assessed against all municipalities whether they are the operators of a water utility system or not Concurrently, the water district is moving into a portion of the Apache Junction City Hall complex The office lease formalizes the landlord-tenant relationship between the two entities as well as providing a funding source for the ADWR Municipality Fee. FISCAL IMPACT: Budgeted Expenditure —OPTIONS/ALTERNATIVES: Statutory Requirement RECOMMENDATION: ATTACHMENTS: Click to download ❑ Resolution No 11-41 D Attachment A-Office Lease Agreement Exhibit RESOLUTION NO 11-41 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL LEASE AGREEMENT WITH THE WATER UTILITIES COMMUNITY FACILITIES DISTRICT. WHEREAS, the City of Apache Junction ("City") and Water Utilities Community Facilities District ("WUCFD") desire to enter into an Intergovernmental Lease Agreement ("ILA") for the lease of a portion of City' s Development Services Department; and WHEREAS, the parties have crafted a written lease agreement reflected in Attachment A which sets forth the conditions for such arrangement; and WHEREAS , pursuant to A R S § 11-952 (A) , public entities may enter into intergovernmental agreements for joint or cooperative action, which includes leases . 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 approve the ILA between City and WUCFD for office space in the Development Services Department located at 300 E Superstition Blvd, Building D, Apache Junction, AZ, 85119 . 2 . The Mayor is hereby authorized to sign the agreement on behalf of the City 3 . Staff shall record such document in the Pinal County Recorder' s office within ten (10) days after full execution by both entities . 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 . RESOLUTION NO. 11-41 PAGE 1 OF 2 JOHN S. INSALACO Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORMS RICHARD J. STERN City Attorney RESOLUTION NO 11-41 PAGE 2 OF 2 Attachment A Intergovernmental Lease Agreement BASIC LEASE INFORMATION LANDLORD: City of Apache Junction, an Arizona municipal corporation 300 E Superstition Blvd Apache Junction,AZ 85119 Attention' George Hoffman,City Manager TENANT: Water Utilities Community Facilities District of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 Attention Frank Blanco,District Director PREMISES: [hose Premises shown by red outlining on that Apache Junction City Hall Development Services floor plan attached hereto as Exhibit "A" That office located at the Apache Junction City Hall Complex, 300 East Superstition Boulevard, Apache Junction, Anzona 85119, ("City Hall")together with all parking areas, sidewalks, driveways, landscaping and other common areas designated by Landlord from time to time. COMMENCEMENT July 8, 2011 DATE: TERMINATION June 30, 2012 but continually renewed automatically for DATE: another twelve months unless one party gives the other six months notice RENT: rhe amount of the Municipality Fee assessed by the Arizona Department of Water Resources on the City of Apache Junction each year under the authority of A R S. §45-118. The foregoing Basic Lease Information is part of the Lease Each reference in the Lease to any of the Basic Lease Information shall mean the respective information set forth above OFFICE LEASE 1. PREMISES. On the terms and conditions contained herein, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises as demonstrated in Erlubtt "A"at the City Hall. 2. TERM. 2.1. Term Except as provided herein,the term of this Lease shall be for the period set forth in the Basic Lease Information If this Lease continues beyond the original twelve month period,the use of the word"Term"refers to the subsequent Terms as well as the original twelve month I erm. 5484 1 539283 3 2.2. Term Commencement Date. The term hereof and all obligations, covenants and conditions of this Lease shall commence at 12 01 a m on the Commencement Date and shall end at 12.01 a.m. on the day following the Termination Date set forth in the Basic Lease Information. 3. RENTAL. 3 1. Base Rental. For each year of the term hereof, Tenant shall pay to Landlord as rental hereunder that sum identified as the yearly Base Rental in the Basic Lease Information Base Rental shall be paid in four(4)equal quarterly installments on the last day of each calendar quarter of the term hereof 3.2. Payment. Base Rental and all other sums payable pursuant hereto shall be paid, without deduction, offset,prior notice or demand,to Landlord at the address set forth in the Basic Lease Information,or at such other place or to such other person as Landlord may from time to time designate by notice hereunder All payments shall be made in lawful money of the United States of America 4. USE OF PREMISES. 4.1. Permitted Uses. Tenant shall not use or permit the use of the Premises for any purpose except as an office without the prior written consent of Landlord 4.2. Common Areas. Tenant shall be entitled to the nonexclusive use in common with Landlord, other lessees and occupants of the City Hall,and other parties authorized by Landlord, their respective employees,agents,contractors and customers,of all common areas and facilities in City Hall as Landlord shall from time to time designate for common use by the tenants in City Hall. 5. CONDITION OF PREMISES. Landlord agrees that it shall deliver the Premises to Tenant on or before the Commencement Date in substantially the same condition as of the date of this Lease. Tenant agrees that Landlord shall have no obligation to perform any tenant improvement work with respect to the Premises 6. SERVICES. Landlord agrees to furnish to the Premises, during normal business OIN hours of generally recognized business days(as determined by Landlord),water and electricity suitable for the intended use of the Premises,and heat and air conditioning required in Landlord's reasonable judgment for the comfortable use and occupation of the Premises Landlord shall provide janitorial and maintenance services as often as is reasonably necessary in Landlord's sole and absolute judgment 7. MAINTENANCE AND REPAIR. 7.1. Landlord's Obligations. Unless such maintenance or repairs are required because of any negligent or intentional act or omission of Tenant, its agents, employees,contractors,customers or invitees, Landlord shall clean, maintain and repair,subject to reasonable wear and tear,the common areas of City Hall as described in Section 1,the roof, structural elements,plumbing and electrical wiring and heating,ventilating and air conditioning facilities,the exterior of the City Hall,and floor coverings(cleaning only),doors,ceilings, lighting and window coverings of the Premises 5484 1 539283 3 2 1 7.2. Tenant's Obligations. Unless such maintenance or repairs are required because of any negligent or intentional act or omission of Landlord, its agents, employees, contractors or invitees,or are specifically designated as the obligation of Landlord hereunder,Tenant shall, at its expense, maintain the Premises in a safe and clean condition and in good order and repair, reasonable wear and tear excluded, including,without limitation,the interior of the Premises, all partitions and other interior improvements;all walls,all floor coverings(excluding cleaning floor covenngs),all telephone and other communication systems,Tenant's signs located in or on the Premises,all of Tenant's equipment, fixtures and other items of personal property. 8. LANDLORD'S ENTRY. In addition to any other right of entry provided for in this Lease,Landlord,its employees,agents and contractors,shall be entitled to enter the Premises at any time for the purposes of conducting any inspections thereof,posting non- responsibility notices,making repairs,additions,or alterations thereto or to the City Hall, showing the Premises to any prospective lessee or insurer,and taking necessary action in the event of an emergency. In connection with such entry, Landlord shall be entitled to erect such scaffolding and other necessary structures or equipment as reasonably required by the character of the work to be performed pro%ided that Landlord shall not unreasonably interfere with the conduct of Tenant's business No entry by Landlord hereunder shall entitle Tenant to terminate this Lease or to a reduction or abatement of rental or other amounts owed by Tenant hereunder or to any claims for damages Landlord shall have the right to retain at all times keys to all doors within and into the Premises. No lock shall be changed without the prior written consent of Landlord Landlord shall be entitled to use in good faith any means to gain entry to the Premises in the event of an emergency or perceived emergency and shall not be liable for any damages resulting therefrom. 9. OUIET ENJOYMENT. If Tenant pays the rental and other sums payable hereunder and performs all of the other provisions hereof, Landlord shall take no action to disturb Tenant's peaceable and quiet possession of the Premises during the term hereof. This covenant is a covenant as to title and shall not extend to,and Landlord shall not be liable for,any disturbance, act,condition or damage caused by any other tenant in City Hall or anyone not otherwise claiming by or through Landlord,nor to any disturbance,act or condition permitted to be taken by or on behalf of Landlord under this Lease. 10. SURRENDER. Upon the expiration or termination of this Lease for any reason Tenant shall surrender the Premises to Landlord in a reasonable time period, in a safe and clean condition,and in good order and repair,reasonable wear and tear excepted. 11 FORCE MAJEURE. If one of the parties is delayed or prevented from the performance of any act required hereunder by reason of acts of God,strikes, lockouts, labor troubles, civil disorder,inability to procure materials, restnctive governmental laws or regulations or other cause without fault and beyond the reasonable control of such party(financial inability excepted), performance of such act shall be excused for the period of delay 5484 1 539283 3 3 { 12. NOTICES. No notice,consent, approval or other communication given in connection herewith shall be validly given,made, delivered or served unless in writing and sent by United States mail, postage prepaid, to Landlord or Tenant,as the case may be,at the addresses set forth in the Basic Lease Information,or to such other addresses as either party hereto may from time to time designate in writing and deliver in accordance herewith to the other party Notices,consents,approval or communications shall be deemed given or received twenty-four(24) hours after deposit in the mail as hereinabove eIN provided Copies of such notices,consents,approvals or communications shall be sent to the respective attorneys for the parties 13. DEFAULTS; REMEDIES. In the event of any such default or breach by Tenant, Landlord shall be entitled to exercise all rights available at law or equity. 14. NO WAIVERS. No delay or omission of either party to exercise any right or power arising from any default shall impair any such right or power,or shall be construed to be a waiver of any such default or acquiescence therein. No waiver of a default shall be effective unless it is in writing No written waiver by either party of any provision of this Lease or any breach by the other party hereunder shall be deemed to be a waiver of any other provision hereof,or of any subsequent breach by the other party of the same or any other provision 15. GENERAL. 15.1. Time of the Essence. Time is of the essence of this Lease. 15.2. No Partnership; No Third Party Rights. Nothing contained in this Lease shall create any partnership,joint venture or other arrangement between Landlord and Tenant Except as expressly provided herein,no term or provision of this Lease is intended to or shall be for the benefit of any person not a party hereto,and no such other person shall have any right or cause or action hereunder 15.3. Entire Agreement. This Lease constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and shall not be changed or ^ added to except in writing signed by all parties hereto All other prior and contemporaneous agreements,representations, statements and understandings of the parties,oral or written, that modify, amend, or vary or purport to modify,amend or vary any of the terms of this Lease are hereby superseded and merged herein 15.4. Continuing Cooperation. Each of the Parties hereto shall promptly and expeditiously execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time,to carry out the matters contemplated by this Lease. 15.5. Arizona Law. This Lease shall be governed by the laws of Arizona 15.6. Partial Invalidity. If any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable,the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated 5484 1 539283 3 4 15.7. Conflict of Interest. This Lease is subject to the cancellation provision for conflicts of interest pursuant to A R S §38-5 11. 15.8. Interpretation. 15.8.1.The descriptive headings of the Sections of this Lease are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof 15.8.2.All exhibits attached hereto shall be deemed a part of this Lease 15.8.3.Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein which the context requires such substitution or substitutions 15.8.4. When used herein, the terms"include" or"including"shall mean without limitation by reason of the enumeration 15.8.5.The term "person"shall include an individual,corporation,partnership, trust,estate,or any other duly formed entity. 15.8.6. If the last day of any time period stated herein should fall on a Saturday. Sunday, or legal holiday as declared by the State of Arizona,then the duration of such time period shall be extended so that it shall end on the next succeeding day which is not a Saturday. Sunday,or legal holiday in the State of Arizona 15.8.7. If a cross-reference within any Lease provision cites a particular Section or Subsection number of this Lease, it shall be a reference to the referred Section or Subsection and its subparts. 15.9. Impartial Interpretation. This Lease is the result of negotiations between Landlord and Tenant and therefore the language contained in this Lease shall be construed as a whole according to its fair meaning and not strictly for or against either Landlord or Tenant 15.10. Not Personal Obligations. The obligations of Landlord or Tenant under this Lease do not constitute personal obligations of the individual council members, officers,directors,or similar positions of Landlord or Tenant, and neither party shall seek recourse against such individuals or any of their personal assets for satisfaction of any liability in respect to this Lease IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first hereinabove written "LANDLORD" "TENANT" CITY OF APACHE JUNCTION, an Arizona WATER UTITLITIES COMMUNITY municipal corporation FACILITIES DISTRICT OF APACHE JUNCTION,an Arizona municipal corporation 5484 1 539283 3 5 By By Name.. John S. Insalaco, Mayor Name John S. Insalaco,Chairman ATTEST. A I'TEST eiN CITY CLERK DISTRICT CLERK APPROVED AS TO FORM. APPROVED AS TO FORM CI1 Y ATTORNEY DISTRICT COUNSEL 5484 1.539283 3 6 IC (.. r _ _ a' C140 1$- 1 DEVFLOPMEN I SERVICES i. iii 1-7*-- ,1 1 - 1 • =iiI - i .. lj r , L., ...,..,.._,_ ri _ al $i3e) (III i feill Otlf, i i 1 t • r 11-3---R E, i, Cr 4i - i ..,....- -\--JI_____( "CI 11 [ 1. Inn 11 I: ' 1 __ gjir\_ w L 0 rii C ......- iritZ- • •.•• Kr,i....WIOiT":. O. 5i,4,t14.1.AL 4.t.?,',_'.,,,a"-,....ls-...:3*...1-.,...i4:s..,.Fe-.-_..0:-_,•.b..'1. Tx.••„• I ti3 .... ii • 1L.0, CO 00 - ffi W? •:-, i .... , „.„,,„, I City ol Apache Junrtion ffni giii I .- i"; .-- • 1 1 la 15t floor i. ..... -r..• ........- ...,..— ..... __—_—-- s Oevrionewm.,tIN , CeNrC1440 11A4 — o",-est sou r......:.-sre _ •i-I ,...7 , , ,.. _ g -r-i 1 ra 4 X 441 ,_ _ . ---. , ... im.„,..0. 4., L 0 CD ''.•."'"”:"."'ZtIre:' ........ ---..... ( -- -kt\''': cl 1 .....or a .14s.o 04 tXX.4 f/t.r Dn.".04.04 VA4 tn... ":;\ 0..404 4r ci..74 - 4. -- r..I. — --- 4, - na taraur, - 1 .4.tirr; -,........M•t - 04Leq/lare 1.1.1...,,,K.CA --1. 1.".4`.”,.......dir.3. 0 —÷1. 4I5 ' E-7-z- 1.1ai " gLl"/ViaIu*mil M---- I I M [2 ITEM NO. 7 DISCUSSION ITEM ONLY-NO ACTION AT THIS TIME • City of Apache Junction U Z Home orate of the .S upet:f'ttttol? :l l oufttuljls 4RlzoNr Print TO: City Manager's Office FROM: Giao Pham, City Engineer DATE: September 6, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON A DEVELOPMENT AGREEMENT WITH APACHE PALMS, LLC ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Negotiations have been entered into with Apache Palms, LLC, a mobile home park south of Old West Highway, east of Winchester Drive and north of Broadway Development Agreement deal points include setback accommodations, easement corrections and other development related items, as a result of the Central Arizona College expansion project. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Policy Discussion (list specific options/alternatives) RECOMMENDATION: ATTACHMENTS: Click to download 0 Development Agreement DRAFT 7-5- 11 WHEN RECORDED RETURN TO. City Attorney City of Apache Junction 300 East Superstition Boulevard Apache Junction,Arizona 85119 DEVELOPMENT AGREEMENT CITY OF APACHE JUNCTION,ARIZONA an Arizona municipal corporation, and APACHE PALMS, L L C an Arizona limited liability company July , 2011 1 DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT("Agreement") is entered into by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City") and APACHE PALMS, L.L.C., an Arizona limited liability company ("Developer") City and Developer are sometimes herein referred to collectively as"Parties", or individually as a"Party". ,.. RECITALS 1. Developer owns approximately five (5) gross acres of improved real property, Pinal County Assessor Parcel No 101-20-0200, located at 597 E Old West Highway in Apache Junction, Arizona (the "Property"), the legal description and map of which are attached hereto as Exhibit A and are incorporated herein by reference The property is developed with a lawful nonconforming trailer park, called Apache Palms Trailer Park, which contains a mixture of mobile/manufactured homes ("MH"), recreational vehicles ("RV"), apartments, and other buidings and amenities. The property is considered nonconforming, in part, because: it is zoned GR (General Rural), whereas MH and/or RV rental-space parks are normally permitted only in the TH (Trailer Homesites) Zone, neither the GR or the TH zoning districts normally permit apartment units, it is less than 10 gross acres in size, which is the minimum lot size required for MH and/or RV parks, it lacks the required five to six-foot high opaque perimeter fence for a MH and/or RV park, and many of the MH and RV units located thereon encroach into various easements, rights-of-way and setback areas 2 City owns Broadway Avenue, a portion of which fronts the Property, and City is under contract with Central Arizona Community College District for certain roadway and infrastructure improvements on Broadway Avenue from Idaho Road east to Winchester Road 3. It is anticipated that development of the Property pursuant to this Agreement will result in aesthetic, planning, economic and other tangible and intangible public benefits to the City including providing for permanent easement for a City-owned and maintained box culvert as more fully described in Exhibit B, and providing for additional tangible and intangible ... municipal benefits provided for in this Agreement 4 The Parties understand and acknowledge that this Agreement is a "Development Agreement"within the meaning of, and entered into pursuant to the terms of, A R S §§ 9-500 05 and 9-500.11. In order to facilitate the further development, improvement and reconfiguration of the property, with the aim of resolving as many nonconforming issues as possible, this Development Agreement provides for, among other things (i) conditions, terms, restrictions and requirements for the improvement of the Property by the City and Developer; (ii) the permitted uses of the Property; (iii) the density and intensity of such uses, and (iv) other matters related to the development of the Property The terms of this Agreement shall constitute covenants running with the land as more fully described in this Agreement 2 AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants set forth herein, and for other consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereto state, confirm and agree as follows: SECTION 1. ACCURACY OF THE RECITALS The Parties hereby confirm the accuracy of the Recitals set forth above, which are incorporated herein by this reference SECTION 2. TERM This Agreement shall commence on the date that this Agreement is recorded ("Effective Date") with the Pinal County Recorder's Office and shall continue until January 2, 2016, or until all obligations have been fully performed, which ever date is sooner. Notwithstanding the foregoing, provided City is not in default, all obligations of Developer to indemnify, defend and hold the City harmless shall survive the expiration or earlier termination of this Agreement SECTION 3. APPLICABLE LAWS The development and operation of the Property including, without limitation, the type of use, the maximum height and size of the buildings, space sizes, building setback requirements, parking requirements, signage, landscaping and screening requirements, provisions for dedication of land for public purposes, will be governed by the following, as they exist on the Effective Date and as amended by the Mayor and City Council from time to time• Arizona Revised Statutes; Federal laws, the City's General Plan; the Apache Junction City Code, Land Development Code, Zoning Ordinance; Site Plan, Engineering Policies and Guidelines, Building Codes, stand-alone ordinances and resolutions and all other requirements and policies and practices which apply to the development SECTION 4. DEVELOPER'S OBLIGATIONS Developer agrees to do all of the following. a Construct a six-foot masonry wall around the perimeter of the Property with the portions of the wall facing the Winchester and Broadway street frontages to be enhanced decorative walls, as shown in Exhibit A b. At its sole cost and expense, move mobile/manufactured homes and RVs that encroach into public right-of-way or public easements in order to progress toward being in compliance Exhibit A depicts the spaces that are affected. c. Install future MHs and RVs in accordance with City's TH Zone regulations 3 d Maintain landscaping installed along the Winchester project, between the back of sidewalk and the Apache Palms property right-of-way line. e Allow City to construct and maintain a box culvert at the location set forth on Exhibit B. SECTION 5. CITY'S OBLIGATIONS City agrees to do all of the following. a Extinguish existing federally patented easements ("FPE") encumbering the Property as described and depicted in Exhibit A b Reduce right-of-way requirement along Broadway due to a reclassification of roadway, the closure of Broadway east of Idaho, and due to the dead end configuration on Broadway. c. Waive or refund permit fees for space numbers [need space numbers here] as appropriate d. City's Planning staff will consult with property owners on any relocation advice for units needing to be moved within the park and will assist developer in securing utility relinquishments in former FPE areas to the extent possible. City will not, however, be liable for any relocation costs to Developer or displaced residents e. Provide a permanent easement over that portion of the Property in which the box culvert encroaches f. Maintain the box culvert within the above-mentioned easement g. Apply TH Zone standards for MH or RV installations,which are appropriate to the principal use of the property as a trailer park, despite its current GR zoning. SECTION 6. CITY REVIEW AND APPROVAL OF PLANS Developer recognizes that its development and construction of the Improvements pursuant to this Agreement are subject to City's normal plan submittal, review and approval processes and fees (except fees for those units specified above), and day-to-day inspection services. SECTION 7. TIMING FOR PAYMENT OF CITY FEES Developer shall pay all administrative fees currently in effect or as may be adopted in the future (referred to individually as a "City Fee" or collectively as "City Fees") as and when such City Fees are assessed, due or otherwise required to be paid by Developer 4 SECTION 8. CITY REPRESENTATIONS City represents and warrants to Developer that: a City's execution and approval of this Agreement has been made in compliance with the procedural requirements of the Apache Junction City Code and Arizona Revised Statutes. b City will execute and acknowledge when appropriate all documents and instruments and take all actions necessary to implement and evidence this Agreement c. As of the date of this Agreement, City knows of no litigation, proceeding, initiative, referendum, or investigation contesting the powers of City or its officials with respect to this Agreement that has not otherwise been disclosed in writing to Developer. d. The execution, delivery and performance of this Agreement by City is not prohibited by, and does not conflict with, any other agreements, instruments or judgments or decrees to which City is a party or is otherwise subject. e. City has been assisted by counsel of its own choosing in connection with the preparation and execution of this Agreement SECTION 9. DEVELOPER REPRESENTATIONS Developer represents and warrants to City that a Developer has the full right, power and authorization to enter into and perform this Agreement and the obligations and undertakings of Developer under this Agreement, and the execution, delivery and performance of this Agreement by Developer has been duly authorized and agreed to in compliance with the organizational documents of Developer b. All consents and approvals necessary to the execution, delivery and performance of •� this Agreement have been obtained, and no further action needs to be taken in connection with such execution, delivery and performance. c Developer will execute and acknowledge when appropriate all documents and instruments and take all actions necessary to implement, evidence and enforce this Agreement d As of the date of this Agreement, Developer knows of no litigation, proceeding or investigation pending or threatened against or affecting Developer, which could have a material adverse affect on Developer's performance under this Agreement that has not otherwise been disclosed in writing to City e This Agreement (and each undertaking of Developer contained herein) constitutes a valid, binding and enforceable obligation of Developer, enforceable according to its terms, except to the extent limited by bankruptcy, insolvency and other laws of 5 general application affecting creditors' rights and by equitable principles, whether considered at law or in equity Developer will defend the validity and enforceability of this Agreement in the event of any proceeding or litigation arising from its terms that names Developer as a party or which challenges the authority of Developer or City to enter into or perform any of its obligations hereunder and will cooperate with City in connection with any other action by a Third Party in which City is a party and the benefits of this Agreement to City are challenged, and Developer shall indemnify, defend, pay and hold City harmless for, from and against all costs, expenses and oomk attorneys' fees incurred by City in connection with any such action to defend enforceability of this Agreement. City and Developer agree to work together to 1) evaluate the obligation to proceed in defense of this Agreement, or 2) to mutually terminate this Agreement, and 3) provide for reimbursement by Developer to City for any challenged payments made under this Agreement for Drainage Improvements f. The execution, delivery and performance of this Agreement by Developer is not prohibited by, and does not conflict with, any other agreements, instruments, judgments or decrees to which Developer is a party or to which Developer is otherwise subject g Developer has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement other than normal costs of conducting business and costs of professional services such as the services of architects, engineers and attorneys h Developer has had the opportunity to hire counsel of its own choosing in connection with the preparation and execution of this Agreement. SECTION 10. COOPERATION City and Developer each shall designate and appoint a representative to act as a liaison between City and its various departments and Developer. City or Developer may change their representatives at any time, but each Party agrees to have a current active representative appointed for such purposes The initial representative for City ("City Representative") shall be City Manager George Hoffman (or his successor or designee if notice is provided to Developer), and the initial representative for Developer ("Developer Representative") shall be (or his successor or designee if notice is provided to City). The representatives shall be available at all reasonable times to discuss and review the performance of the parties to this Agreement and the development of the Property pursuant to this Agreement, but the representatives do not have the power or authority to alter or amend any term, condition or provision of this Agreement SECTION 11. DEFAULT Failure or unreasonable delay by any Party to perform or otherwise act in accordance with any term or provision of this Agreement for a period of thirty (30) calendar days or such other reasonable amount of time necessary to cure the default, provided the cure has commenced and is being prosecuted diligently, continuously and in good faith, and after written notice thereof 6 from the other Party (the "Cure Period"), shall constitute a default under this Agreement Said notices shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured, if possible. In the event such default is not cured within the Cure Period, the non-defaulting party shall have the remedies set forth below (1) City's exclusive remedies for a Default by Developer shall consist of, and shall be limited to the following (A) For a breach by Developer of this Agreement, City's exclusive remedy shall be to terminate City's obligations arising under Section 4 of this Agreement by written notice thereof to Developer. (B) At any time, City may seek special action or other similar relief(whether characterized as mandamus, injunction or otherwise), requiring Developer to undertake and to fully and timely address a public safety concern or to enjoin any construction or activity undertaken by Developer that is not in accordance with the terms of the Agreement. (C) Nothing in this Agreement shall be deemed to limit City's administrative remedies or City's remedies against Developer with respect to a breach by Developer of its obligations of indemnity. (2) Developer's exclusive remedies for a Default by City shall consist of, and shall be limited to the following (A) Developer's exclusive remedy for a monetary Default by City shall consist of and shall be limited to recovery of damages for unpaid amounts due in accordance with the provisions of this Agreement Such damages shall be deemed to consist of Developer's actual damages as of the time of entry of judgment (meaning the right to receive payments in accordance with the terms of this Agreement). Developer expressly waives any right to seek consequential, special, punitive, multiple, exemplary or any other damages with respect to a monetary Default Anak (B) Nothing in this Agreement shall be deemed to limit the Developer's remedies, as may be provided by law or in equity, for non-monetary Defaults by City SECTION 12. ENFORCED DELAYS (FORCE MAJEURE) Neither City nor Developer, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bto-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage,or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any 7 public entity, or a declaration of moratorium or similar hiatus directly affecting the Property (whether permanent or temporary) by any public entity In no event will Enforced Delay include any delay resulting from unavailability for any reason of particular tenants or purchasers of portions of the Property, labor shortages, or the unavailability for any reason of particular contractors, subcontractors, vendors or investors desired by Developer in connection with the Property Developer agrees that Developer alone will bear all risks of delay which are not Enforced Delay In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty(30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay and continue notification every sixty (60) calendar days until cured. SECTION 13. ATTORNEY FEES AND COSTS; INDEMNITY In the event of commencement of a legal action in an appropriate forum by a Party to enforce any covenant or any of such Party's rights or remedies under this Agreement, including any action for declaratory or equitable relief, the prevailing Party in any such action shall be entitled to recovery of its reasonable attorneys' fees and court costs and expenses, including, but not limited to, its costs of expert witnesses, transportation, lodging and meal costs of the Parties and witnesses, costs of transcript preparation and other reasonable and necessary direct and incidental expenses associated with such dispute SECTION 14. MISCELLANEOUS PROVISIONS A. City Access to Property Developer agrees to permit access to the Property by the City, its officials, personnel and designees, at reasonable times, subject to reasonable safety requirements as Developer may impose from time to time, to assure compliance with all Applicable Laws, and the terms of this Agreement. B. Public Access. Developer will grant to City, as may be necessary, recorded emergency vehicle access and use easements over and through any private roadways as may exist from time to time within the Property C Development Agreement Approval. Both Parties agree and understand this Agreement is subject to approval by at least a majority of the City Council. D Severability. City and Developer each believes that the execution, delivery and performance of this Agreement is in compliance with all Applicable Laws However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any Applicable Laws) such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect, provided that, if the City Attorney determines that such action is legally permissible, this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any 8 related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required, provided, however, in no event shall such reformation require any general fund expenditure or incurrence of indebtedness by City. The Parties further agree, in such circumstances, to do all acts and to execute all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. E. Rights and Remedies are Cumulative. Subject to the provisions and limitations under this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by either Party of any one or more of such rights shall not preclude the exercise by it, at the same or different times, of any other right or remedy for any other non-performance by the other Party. F Notices and Filings Except as otherwise required by law, any notice required or permitted under this Agreement shall be in writing and shall be given by personal delivery, or by deposit in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed to the Parties at their respective addresses set forth below, or at such other address as a Party may designate in writing pursuant to the terms of this Section, or by telecopy or telefacsimile machine, or by any nationally recognized express or overnight delivery service (e g Federal Express or UPS), with all postage and other delivery charges prepaid If to City City of Apache Junction Attn: City Manager 300 E Superstition Blvd Apache Junction,Arizona 85119-2899 Telephone (480)474-5066 Facsimile: (480)474-5110 And to. City of Apache Junction Attn City Attorney 300 E. Superstition Blvd. Apache Junction,Arizona 85119-2899 Telephone. (480)474-2604 Facsimile. (480) 982-5883 If to Developer Telephone ( ) Facsimile. ( )_ And to 9 ORN Telephone ( ) Facsimile. ( ) G Effective Date and Notices All such notices, demands or other communications will (i) if delivered personally or delivered through a same day delivery/courier service be deemed effective upon delivery or refusal to accept delivery by the addressee, (ii) if delivered by U S Mail in the manner described above be deemed effective upon the earlier of receipt or three (3) business days after deposit in a United States post office or with a United States postal officer, and (iii) if sent by a recognized national overnight delivery service be deemed effective one (1) business day after deposit with such service Any payment by the City may be made in the same manner or manners provided in this Section for the provisions of Notices and shall be deemed made at the time provided in this Section for notices, demands and other communications H Waiver. The Parties agree that neither the failure nor the delay of any Party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver of such right, remedy, power or privilege, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the Party asserted to have granted such waiver. I Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document J. Headings The descriptive headings of the Sections of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. K Exhibits. Any exhibit attached hereto shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. L Construction. The terms and provisions of this Agreement represent the results of negotiations between the Parties, each of which has been, or has had the opportunity to be, represented by counsel of its own choosing, and none of which has acted under any duress or compulsion, whether legal, economic or otherwise Consequently, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings. The Parties each hereby waive the application of any rule of law which would otherwise be 10 1 1 applicable in connection with the interpretation and construction of this Agreement that ambiguous or conflicting terms or provisions contained in this Agreement (or any other provision of this Agreement) shall be interpreted or construed against the Party who prepared or attorney who prepared the executed Agreement or any earlier draft of the same M Integration/Entire Agreement Except as expressly provided herein, this Agreement constitutes the entire agreement between the Parties with respect to eIN the subject matters hereof and supersedes any prior agreement, understanding, negotiation or representation regarding the subject matters covered by this Agreement. N. Further Assurances Each Party agrees to perform such other and further acts and to execute and deliver such additional agreements, documents, affidavits, certifications, acknowledgements and instruments as any other Party may reasonably require to consummate, evidence, confirm or carry out the matters contemplated by this Agreement or to confirm the status of(a) this Agreement as in full force and effect, and (b) the performance of the obligations hereunder at any time during this Term. 0 Business Days. If the last day of any time period stated in this Agreement or the date on which any obligation to be performed under this Agreement shall fall on a Saturday, Sunday or legal holiday, then the duration of such time period or the date of performance, as applicable, shall be extended so that it shall end on the next succeeding day which is not a Saturday, Sunday or legal holiday P. Consents and Approvals Wherever this Agreement requires or permits the consent or approval of a Party to any act, document, use or other matter, such consent or approval shall be given or denied by such Party in its reasonable discretion, unless this Agreement expressly provides otherwise Q. Covenants Running With Land, Inurement The covenants, conditions, terms and provisions of this Agreement shall run with the Property and shall be binding upon, and shall inure to the benefit of the Parties and their respective permitted successors and assigns with respect to such Property Wherever the term "Party" or the name of any particular Party is used in this Agreement such term shall include any such Party's permitted successors and assigns R Recordation Within ten (10) calendar days after this Agreement has been approved by City and executed by the Parties, City shall cause this Agreement to be recorded in the Official Records of Pinal County, Arizona S. Amendment No change or addition is to be made to this Agreement except by written amendment executed by City and Developer. Within ten (10) calendar days after any amendment to this Agreement, such amendment shall be recorded in the Official Records of Pinal County, Arizona. Upon amendment of this 11 Agreement as established herein, references to "Agreement' shall mean the Agreement as amended T Good Faith of Parties Except where any matter is expressly stated to be in the sole discretion of a Party, in performance of this Agreement or in considering any requested extension of time,the Parties agree that each will act in good faith ^ U. Time of Essence. Time is of the essence in implementing the terms of this Agreement V. No Partnership. Third Parties. Nothing contained in this Agreement shall create, or be deemed to create, any partnership,joint venture or other similar arrangement between City and Developer No term or provision of this Agreement is intended to, or shall, be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right to cause of action hereunder, except that the indemnity provisions of this Agreement shall extend to all agents, attorneys, Council members and employees of City acting in the course and scope of their employment or engagement W. Governing Law, Choice of Forum This Agreement shall be deemed to be made under, shall be construed in accordance with, and shall be governed by the internal, substantive laws of the State of Arizona (without reference to conflict of law principles) Any action brought to interpret, enforce or construe any provision of this Agreement shall be commenced and maintained in the Superior Court of the State of Arizona in and for the County of Pinal (or, as may be appropriate, in the Justice Courts of Pinal County, Arizona, or in the United States District Court for the District of Arizona, if, but only if, the Superior Court lacks or declines Jurisdiction over such action) The Parties irrevocably consent to jurisdiction and venue in such courts for such purposes and agree not to seek transfer or removal of any action commenced in accordance with the terms of this Section X Survival of Indemnifications All indemnifications contained in this Agreement shall survive the execution and delivery of this Agreement, the closing of any transaction contemplated herein, and the rescission, cancellation, expiration or termination of this Agreement upon the terms and for the period set forth in each respective Section Y Status Statements Any Party (the "Requesting Party") may, at any time, and from time to time, deliver written notice to any other Party requesting such other Party (the "Providing Party") to provide in writing that, to the knowledge of the Providing Party, (a) this Agreement is in full force and effect and a binding obligation of the Parties, (b) this Agreement has not been amended or modified, and if so amended, identifying the amendments, (c) the Requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults, and (d) any other 12 eiN matter reasonably requested (a "Status Statement"). A Party receiving a request hereunder shall execute and return such Status Statement within fifteen (15) business days following the receipt thereof City Manager or any Assistant City Manager shall have the right to execute any Status Statement requested by Developer hereunder City acknowledges that a Status Statement hereunder may be relied upon by transferees and mortgagees, provided, however, City shall have no liability for monetary damages to Developer, any transferee or mortgagee, or any other person in connection with, resulting from or based upon the good faith provision of any Status Statement by City Z. Nonliability of City Officials, Etc, and of Employees, Members and Partners, Etc. of Developer No City Council member, official, representative, agent, attorney or employee of City shall be personally liable to Developer, or to any successor in interest to Developer in the event of any Non-Performance or breach by City or for any amount which may become due to any of the other Parties or their successors, or with respect to any obligation of City under the terms of this Agreement Notwithstanding anything contained in this Agreement to the contrary, except in the case of an intentional misrepresentation, the liability of Developer under this Agreement shall be limited solely to the assets of Developer and shall not extend to or be enforceable against (i) the individual assets of any of the individuals or entities who are shareholders, members, managers, constituent partners, officers or directors of the general partners or members of Developer, (ii) the shareholders, members or managers or constituent partners of Developer, or(iii)officers of Developer. AA. Diminution in Value (Proposition 207) Waiver Developer agrees, understands and acknowledges that City is entering into this Agreement in good faith and in cooperation with Developer, and further with the understanding that, if City acts consistently with the terms and conditions herein, it will not be subject to a claim for diminished value of the Property from Developer Developer, on behalf of it and its successors and assigns, intends to encumber the Property with the following agreements and waivers Developer agrees and consents to all the euN conditions imposed by this Agreement, the Zoning, the General Plan, Applicable Laws, and all permits and approvals issued or granted by City in furtherance thereof, and by signing this Agreement waives any and all claims, suits, damages, compensation and causes of action Developer may have now or in the future under the provisions of A R S §§ 12-1134 through and including 12-1136 (but specifically excluding any provisions included therein relating to eminent domain) and resulting from the development of the Property consistent with this Agreement, the Zoning, the General Plan, Applicable Laws, and all permits and approvals issued or granted by City in furtherance thereof or from any "land use law" (as such term is defined in the aforementioned statute sections) permitted by this Agreement to be enacted, adopted or applied by City now or hereafter. Developer acknowledges and agrees to the terms and conditions set forth in this Agreement, the Zoning, the General Plan, Applicable Laws, and all permits and approvals issued or granted by City in furtherance thereof cause the fair market 13 value of the Property to equal or exceed the fair market value of the Property in the absence of this Agreement, the Zoning the General Plan, Applicable Laws, and all permits and approvals issued or granted by City in furtherance thereof, and such"land use laws " BB. Conflict of Interest Statute, Compliance with Financing Requirements This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A R S § 38-511 This Agreement is subject to all applicable federal, state and local laws relating to the City's budget, annual appropriations, etc. Further, any obligations of the City under this Agreement are subordinate to any existing or future indebtedness or pledge of taxes made by City in connection with any bond indenture, municipal property corporation transaction, lease or other type of financing CC Privilege Taxes for Space Rentals. Developer shall collect rental privilege tax for each rented room or apartment, MH or RV space and shall submit such taxes to the City pursuant to the City Tax Code Section 8A-445 DD Business and Privilege Tax License Developer represents and warrants that any license necessary to perform the work under this Agreement is current and valid or will be obtained or be brought current Developer understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Developer agrees to obtain a privilege license pursuant to City Tax Code Section 8A-300 and keep such license current during the term of this Agreement Developer agrees to require any subcontractor hired to perform any task or work within the corporate limits of the City to acquire a privilege license pursuant to City Tax Code Section 8A-300, liability insurance and worker's compensation insurance 14 1 CITY ATTEST CITY OF APACHE JUNCTION, an Arizona municipal corporation By Kathy Connelly City Clerk By. John S Insalaco APPROVED TO AS FORM. Mayor By R Joel Stern, Esq City Attorney STATE OF ARIZONA ) ) ss County of Pinal ) The foregoing instrument was acknowledged before me this day of , 2011, by John S. Insalaco, Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation, on behalf of the City Notary Public My Commission Expires. 15 DEVELOPER. ATTEST: APACHE PALMS, L L C, an Arizona limited liability company By• Its. By Its- STATE OF ARIZONA ) ss County of ) The foregoing instrument was acknowledged before me this day of , 2011, by , the for Apache Palms, L.L C, on behalf of such company Notary Public My Commission Expires• 16 EXHIBIT B 14OX CULBERT LEGAL DESCRIPTION AND DESIGN 18 ITEM NO. 8 DISCUSSION ITEM ONLY-NO ACTION AT THIS TIME ROLL CALL VOTE NOTES: I U(�` e 1 \ l � 14 c 14 II ITEM# MEETING OF JrC) MOTION BY: SECONDED BY: /YES NO ABSTAINED COUNCILMEMBER COLEMAN V COUNCILMEMBER SMITHSON ✓ COUNCILMEMBER SERDY I COUNCILMEMBER BARKER I COUNCILMEMBER WILSON f VICE MAYOR DIETZ I, MAYOR INSALACO J UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ^a i 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, SEPTEMBER 19, 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, SEPTEMBER 20, 2011 IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M ROLL CALL WS REG: SPEC: CITY COUNCIL: P / A P / A P / A MAYOR INSALACO • VICE MAYOR DIETZ COUNCILMEMBER BARKER COUNCILMEMBER COLEMAN COUNCILMEMBER SERDY jf COUNCILMEMBER SMITHSON COUNCILMEMBER WILSON U TOTAL 7 CITY STAFF 7 fr 1i City Manager George Hoffman l/ Assistant City Manager Bryant Powell City Clerk Kathleen Connelly 1/ City Attorney Joel Stern 17/ Public Safety Director Jerald Monahan Interim Public Works Director/ City Engineer Giao Pham Parks & Recreation Director Jeff Bell Finance Director Donna Meinerts Development Svcs Director Brad Steinke Human Resources Director Liz Riley Economic Development Director Steve Filipowicz Assistant to the City Manager Matt Busby OTHERS: Date: 9 1 b , / Cityof Apache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. I Do you wish to speak before Council on this item? YesE No❑ Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. i i 6 ' APR GNVJ91' ) Name (Print) 1; 7 ONU /9 AdA? /%p 4ir 55/ / 7 Address City Zip Code (i):3 -°$(71147 Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09 IN Mk .40.•. c.• 0 4 rity til ' 11P,teliarr i''' .- • Home of the Superstition Mountains .,. 4n z otl. OCTOBER 5, 2010 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK(C/ FROM. JAN MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR OCTOBER 18, 2010 (BOARD/COMMISSION INTERVIEWS) At the September 20 work session council directed staff to schedule interviews for the October 18 work session for all new applicants and reappointees for the Construction Code Board of Appeals, Health and Human Services Commission, Industrial Development Authority, Municipal Property Corporation, and Public Safety Personnel Retirement Board. The Construction Code Board of Appeals has two year terms of office. The Industrial Development Authority has six year terms of office. The Public Safety Personnel Retirement Board has four year terms of office The Health and Human Services Commission and the Municipal Property Corporation have three year terms of office. There are vacant positions on the Construction Code Board of Appeals and the Industrial Development Authority. Most individuals whose terms are expiring have indicated a desire to be reappointed. The following list includes (a) current board/commission members who have expressed interest in being reappointed and (b) new applicants who have expressed interest in being appointed to a city board or commission. Council directed staff they did wish to interview those requesting reappointment. Letters were sent to all applicants for the boards/commissions Copies of the talent bank applications have been given to council in an accompanying notebook. If an applicant for reappointment/appointment is currently on another board/commission, it is so noted under "Additional Comments" in each section of the notebook. • Voice(480)982-8002 • FAX(480)982-7018• FDD(480)983-0095 • www.ajcily.net 300 E.Superstition Boulevard, Apache Junction,AZ 85219