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HomeMy WebLinkAbout2011 09.20 City Council Regular Agenda PLEASE FILL OUT A"RE( 3T TO SPEAK"FORM IF YOU WISH TO ADDR' THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING i._M. PpRCHe I •` �- City of Apache Junction U 1 2 Home of the Superstition : l otrntairrs 4Pi20t ' APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA September 20, 2011 7:00 PM A CALL TO ORDER. B INVOCATION AND PLEDGE OF ALLEGIANCE. c• ROLL CALL. D CONSENT AGENDA. The Council may,at this time,take single action on any or all items listed as consent agenda items.These items may include, but are not limited to,acceptance of agenda, acceptance of minutes,appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The Consent Agenda is a timesaving device of which the Mayor and City Council is to receive documentation on these items from the City Manager for their review prior to the meeting Any member of the Council may remove any item from the Consent Agenda for discussion and cause a separate vote on the matter later in the agenda 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of September 6, 2011. 3• Consideration of adoption of the Fiscal Year 2011-2012 City Council Legislative Work Plan. City Council reviewed and discussed the draft Fiscal Year 2011-2012 City Council Work Plan at the August 15, 2011 Work Session and the September 6 Regular Session. City Council may adopt this work plan with any changes 4 Proposed Resolution No. 11-45,authorizing the City to enter into a Service Agreement with Pinal County for rehabilitation services. Pinal County has received$3,168,315 in federal Neighborhood Stabilization Program funds These funds were made available through the U.S Housing&Urban Development Neighborhood Stabilization Program The program provides targeted emergency assistance to state and local governments to acquire, redevelop or demolish foreclosed properties This will meet the HUD objective of stabilizing neighborhoods damaged by foreclosure,vacancy or abandoned properties. Pinal County does not have the capacity or resources to perform all of the necessary tasks required to complete the project.Therefore, Pinal County has asked the City to provide specific services in exchange for compensation 5 Proposed Resolution No. 11-43,authorizing the City to enter into an agreement for Safe Routes to School Cycle 5 funding. The City was awarded$35,000 through the Arizona Department of Transportation Safe Routes to School program The grant award is to provide education programs and police enforcement to benefit Superstition Mountain Elementary, Cactus Canyon Jr High,and Four Peaks Elementary. 6. Consideration of approval allowing the Mayor to sign amendment to existing agreement between the City of Apache Junction and Governors Office of Energy(contract number R016-10-01). City staff and DOE(Department of Energy)desire to amend the current agreement extending its term by three months The extension will allow the City to use the balance of grant monies awarded in late 2009 for energy efficiency and conservation improvement projects to City facilities. 7 Consideration of Resolution No. 11-42, authorizing the City of Apache Junction to enter into an intergovernmental agreement with the Town of Kearny for participation in the training of public safety staff. Resolution No 11-42 will authorize the City of Apache Junction to enter into an intergovernmental agreement with the Town of Kearny to participate in the training of public safety staff 8 Consideration of approval of Resolution No. 11-41, Authorizing the City to enter into an intergovernmental lease agreement with the Apache Junction Water Utilities Communities 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 .�. This item was previously discussed under New Business at the September 6 City Council meeting 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 9 PROCLAMATION DESIGNATING SEPTEMBER 30, 2011 AS"JUDY BOREY DAY". Proclamation honoring Judy Borey for her twenty one years of service to the Boys and Girls Club Since 2004, Mrs Borey has been the Executive Director of the Apache Junction Chapter of the Club During that time, Mrs. Borey provided service to 5,000 local young people while overseeing the expansion of the facility 10 PRESENTATION OF THE ARIZONA PARKS AND RECREATION ASSOCIATION'S AWARDS TO THE PARKS AND RECREATION DEPARTMENT. Staff will share awards recently received at the Arizona Parks and Recreation Association's annual awards program 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 11 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 I OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk. None NEW BUSINESS. The Council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk None K COUNCIL DIRECTION TC TAFF. 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: 12 EXECUTIVE SESSION AT 5:45 P.M. AND WORK SESSION AT 7.00 P.M. FOR MONDAY,OCTOBER 3, 2011 13 EXECUTIVE SESSION AT 5:45 P.M. FOR TUESDAY, OCTOBER 4,2011.OTHER MEETINGS IF NECESSARY. M. CALL TO PUBLIC. At this time the public has the privilege to address the Council with requests,communications,comments or suggestions relating to City business that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda If there is a group speaking on the same item,they should select a spokesperson.All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil,makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The Council may not answer questions of the speaker,discuss the matter with one another,but may, at the conclusion. 1) respond to criticism by a speaker;2) ask the City Manager to review a matter,3)ask the City Manager to place the matter on a future agenda. Each speaker must approach the podium,speak into the microphone,provide their name and address There is a three(3) minute time limit per speaker. N ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office. 300 East Superstition Boulevard,Apache Junction,AZ Monday through Friday,8-00 a m to 5 00 p m,excluding holidays If any person with a disability needs any type of accommodation, please notify the Human Resources Office,at (480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time CITY COUNCIL REGULAR MEETING SEPTEMBER 6, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on September 6, 2011, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Smithson Councilmember Wilson AW 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 : Assistant to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 1 OF 11 ACCEPTANCE OF CONSENT AGENDA ) Vice Mayor Dietz MOVED 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. Councilmember Barker SECONDED THE .••. MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced he and Councilmember Smithson, besides attending the League of Arizona Cities and Towns Conference last week, attended the Parks and Recreation Conference in Tucson. The city received two awards there. One was for partnering and one was for Young Professional of the Year. He thought it was unique that a number of city parks and recreation employees paid their own way to represent the city at that conference. Our parks and recreation department is recognized as one of the outstanding parks and recreation departments in the state. He thanked them for their services. Councilmember Barker announced she went to Peralta Elementary School today with animal control to speak to fifth and sixth graders on the care of pets . They gave them an assignment to come up with a new name for animal control. Each class will come up with a new name. They will be visiting Superstition Mountain Elementary, Four Peaks and Desert Vista tomorrow. They will see what names they come up with for animal control . Councilmember Wilson commented he wanted to thank animal control . They had another incident with a dog on his property again. He appreciated their assistance in investigating what REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 2 OF 11 happened. The animal was followed home and will hopefully be kept under control in the future. He has animals himself and understands that sometimes an animal gets out . Mayor Insalaco commented while they were down at the League of Arizona Cities and Towns Conference last week, Councilmember Coleman was appointed onto the Board of Directors because of his past experience of being on that and being a former president of the League. It is another honor for the city. CITY MANAGER' S REPORT None. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS FISCAL YEAR 2011-2012 COUNCIL WORK PLAN Assistant to the City Manager Matt Busby briefed the council on the item. Councilmember Wilson commented he received some questions from a new resident asking .•. why the city did not own the water department and the fire department. He thought the city would be responsible when he closed on his house. He has mentioned in the past having a listing that goes to the realtors showing who is responsible for water and fire, the city not having a property tax, and those moving next to large lots may have livestock next door. He talked to Brad about this and he stated he wanted to work on it and include it in some of the ordinances . He would like it included in the work plan. He would like to see it get done. Councilmember Barker stated this involves giving people the knowledge of the water district, REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 3 OF 11 fire district and various other things that people need to know about their community. She asked how that fits into ordinances . Councilmember Wilson stated it would be things like the night sky requirements, which is part of an ordinance. They would be trying to let people understand that if they live in the large lot communities, they can have different types of animals. A person moving in there should understand that those animals are allowed. He ran for office because he kept hearing a complaint from one individual about a mule singing every day at 4 a.m. They are loud, and if you are sleeping with your window open, it will wake you up. Roosters do not necessarily crow just at sunrise; they will crow if they are disturbed in the middle of the night. Councilmember Barker commented she is trying to understand how this works into an ordinance. She understands the light ordinance, but questioned how this would be worked into an ordinance. Councilmember Wilson stated some of them are not necessarily an ordinance . That is why Brad stated he would like to work on it . An example is the trash service. The city does not have a trash service. It is up to the resident to get a private company. Councilmember Barker asked if they could work on a pamphlet that would be given out that would cover all of these things that he is talking about . Councilmember Smithson stated the Chamber of Commerce has a very good page on their website .-► that explains all of that . However, people are not always going to look at the Chamber for that information. Councilmember Barker commented we might want to have the information on our own website as well as a pamphlet. Councilmember Wilson stated it would be something over and above strictly the ordinances . Some things will be in the ordinances, but a lot of it is REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 4 OF 11 Isk outside the ordinances . They want to make people aware up front what they are getting when they buy. City Attorney Joel Stern stated they do have pamphlets already on certain items, such as property maintenance . That was worked on years ago. He believes he is looking for something on the website or a central location that will explain everything. Councilmember Wilson stated it should be easily found and gives the general idea. They could even give a referral as to what ordinance it is located in. Mayor Insalaco commented they might even advise that the city was not incorporated until 1978 and they had the fire district and school district formed before that . Councilmember Barker commented that Arizona Water then came in. Mayor Insalaco commented they can then tell them the city did not want to duplicate what was already in place . City Clerk Kathleen Connelly stated her department' s website, under frequently asked questions, has the questions covering where someone gets water service, sewer service, trash pick-up, their driver' s license and vehicle registration. She suggested it all be compiled in — one place either on the website or downloadable format where people could print a pamphlet. Vice Mayor Dietz added they could put in where the schools are located. Councilmember Smithson stated he went to the county planning and zoning commission when they had their first discussion on Superstition Vistas and he intends to attend those meetings whenever he can. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 5 OF 11 .�. e.amik This was a discussion item only. Mayor Insalaco closed the item with no further discussion and moved on to the next item. 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 ) Assistant City Manager Bryant Powell briefed the council on the item. Councilmember Smithson commented he thinks this is great. However, since the city is being dunned by the state for water resources services because we are a city, he asked if it is reasonable for them to approach the other water company to see if we can recover some of the fees from them. Councilmember Wilson commented he attended a briefing on water at the League of Arizona Cities and Towns Conference. A question came up from the cities about reimbursement of the monies that the cities have to pay out. They said the law is written so that a city can go to a water supplier, in our case Arizona Water, and pass that portion of the bill on for the number of people that they have. It has already been assessed on our water district, but we can also pass it on to Arizona Water. City Manager George Hoffman asked if the city can compel them to pay, from what he understood. Councilmember Wilson stated that is correct. Councilmember Smithson stated he attended a different one and they said that nothing prevents you from billing them, but he did not know they could compel them to pay. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 6 OF 11 City Manager George Hoffman stated they will certainly research that further. This was a discussion item only. Mayor Insalaco closed the item with no further discussion and moved on to the next item. DEVELOPMENT AGREEMENT WITH APACHE PALMS, LLC City Attorney Joel Stern briefed the council on the item. Interim Public Works Director Giao Pham briefed the council on the easements, right-of-way and box culvert . Councilmember Smithson asked what is there now where the box culvert will be going. Interim Public Works Director Giao Pham stated there is a brand new box culvert there now. It was part of the Winchester improvements . Councilmember Smithson stated there will be an additional easement just east of it that we will be maintaining. Interim Public Works Director Giao Pham stated that is correct. They need to be able to bring city equipment in to clean out any debris. It will be a public easement so that they do not trespass on private property. Councilmember Smithson stated the wall will be at Winchester and Broadway. He asked if that is on the property line. Interim Public Works Director Giao Pham stated that is correct. When they improve Winchester, Broadway will no longer go through. They are looking at reducing the easement on Broadway and giving back some of that so they can meet their setback requirements. The Broadway right-of-way will be a lot smaller east of Winchester. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 7 OF 11 Councilmember Smithson commented the buildings that will have to be moved are the ones on Winchester. Interim Public Works Director Giao Pham stated that is correct. Councilmember Smithson stated they look like they are encroaching on the right-of-way there. Interim Public Works Director Giao Pham stated that is correct. They are having discussions with them now about relocating some of their facilities or existing structures . Councilmember Smithson asked if any of the buildings on Broadway will have to be moved. Interim Public Works Director Giao Pham stated he did not believe so. Mayor Insalaco commented he is sure there is at least one of them up here that will be glad to see that wall up. He has been looking at those trailers for a long time, even though they moved a couple of those old trailers out . It will be a nice enhancement to the area. Interim Public Works Director Giao Pham stated they were going to build a continuous wall along Winchester and Broadway. The last thing they want them to do is to have to relocate that wall at a future date to the future right-of way. .. Councilmember Wilson stated there are 3 facilities on the north end that are in the red area. Interim Public Works Director Giao Pham stated that is the easement. Councilmember Wilson commented it looks like they extended beyond the easement . REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 8 OF 11 Interim Public Works Director Giao Pham stated that is something they will have to work on with the adjacent property owner. They need to be aware they are not only encroaching into the public easement, but into the adjacent property. He will have Joel assist him in trying to notify them that they need to contact that property owner or work with them as far as a private third party agreement . They are trying to make sure it is compliant, as historically encroachment happened before the city was incorporated. We are not going to get 100% compliance, but we will get there as much as we can with this development agreement . This was a discussion item only. Mayor Insalaco closed the item with no further discussion and moved on to the next item. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED 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. Councilmember Barker SECONDED — THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Mr. Elliott Fisher addressed the council regarding the closing statement of his attorney at trial, how much the trial cost him, and that he will be considering his next step. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 9 OF 11 ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 7 : 35 p.m. Consent Agenda Items are as follows: 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. ACCEPTED THIS 20TH DAY OF SEPTEMBER, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 20TH 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 6th day of September, 2011 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 8th day of September, 2011 . REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 10 OF 11 KATHLEEN CONNELLY City Clerk /► REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6, 2011 PAGE 11 OF 11 ACHE✓G i "�Q Cif of Apache Junction Home of the Superstition .14ou/loll/. Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: September 20, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: Consideration of adoption of the Fiscal Year 2011-2012 City Council Legislative Work Plan. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: City Council reviewed and discussed the draft Fiscal Year 2011-2012 City Council Work Plan at the August 15, 2011 Work Session and the September 6 Regular Session. City Council may adopt this work plan with any changes. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D work plan fy 11-12 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. Portalis 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 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!GA 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 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 3 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 the important service they provide 36. Code of Apache Junction Council requested that staff research how to better inform citizens of services provided in the community(i.e.water,sewer,fire, etc)and applicable codes and ordinances for residential properties The desired outcome was communicated to be a single location or pamphlet that would act as a resource for residents ECONOMIC DEVELOPMENT 37. 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 38 Trail of Flags Discuss the frequency of and/or modification to current practice 39 Shop Local 4 Discuss current shop local program and research potential opportunities in expanding the program 40. Downtown Events Research and discuss opportunities to facilitate bringing additional events into the downtown. 41 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 ° City of AAache Junction ° U Hoitie of'the ,Supers•/ition Mountains Print TO: City Manager's Office FROM: Heather Patel, Program Coordinator DATE: September 20, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: Proposed Resolution No. 11-45, authorizing the City to enter into a Service Agreement with Pinal County for rehabilitation services ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Pinal County has received $3,168,315 in federal Neighborhood Stabilization Program funds. These funds were made available through the U.S. Housing & Urban Development Neighborhood Stabilization Program The program provides targeted emergency assistance to state and local governments to acquire, redevelop or demolish foreclosed properties. This will meet the HUD objective of stabilizing neighborhoods damaged by foreclosure, vacancy or abandoned properties Pinal County does not have the capacity or resources to perform all of the necessary tasks required to complete the project. Therefore, Pinal County has asked the City to provide specific services in exchange for compensation. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Staff respectfully requests that Council approve Resolution No. 11-45. ATTACHMENTS: Click to download D Staff Report D Resolution 11-45 D Pinal County IGA +e 0 ACHE✓ A lk U City of Apache Junction `�AIZONP Development Services Department MEMORANDUM DATE: September 8,2011 TO: The Honorable Mayor and City Council THROUGH. George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resource Manager FROM: Heather Patel, Program Coordinator SUBJECT: Service Agreement with Pinal County for Rehabilitation Services under the Neighborhood Stabilization Program. REQUEST Staff respectfully requests that the City Council approve Resolution Number 11-45 authorizing the signing of a Service Agreement with Pinal County for the City of Apache Junction to offer Housing Rehabilitation Services under the Neighborhood Stabilization Program. BACKGROUND Pinal County has received$3,168,315 in federal Neighborhood Stabilization Program ("NSP3")funds These are funds were made available through the U.S. Housing&Urban Development("HUD") Program's Neighborhood Stabilization Program The program provides targeted emergency assistance to state and local governments to acquire, redevelop or demolish foreclosed properties. This will meet the HUD objective of stabilizing neighborhoods damaged by foreclosure, vacancy or abandoned properties. The County will be using its$3 17 million allocation to address foreclosure issues in four"areas of greatest need"that meet strict criteria outlined by the HUD grant program. The areas chosen are select neighborhoods within the cities of Apache Junction, Coolidge and Casa Grande The areas were chosen based on criteria set forth by the NSP3 program as well as input from municipal employees within the county The selection process was made difficult by the limitations imposed on use of the funds. Much of the funding will be used to help qualified home buyers with down payment and closing cost assistance and financing for rehabilitation assistance to purchasers of NSP3 properties.The funds will be available to applicants who meet income and other qualifications and intend to purchase or rehabilitate properties within the select neighborhoods The qualifying neighborhood within Apache Junction encompasses the area bounded on the East by Idaho Road, South by Southern Avenue, West by Ironwood Drive, and on the North by 12th Avenue between Ironwood and San Marcos and 16th Avenue between San Marcos and Idaho Road DISCUSSION Pinal County does not have the capacity or resources to perform all of the necessary tasks required to complete the project Therefore, Pinal County has asked the selected communities to perform specific tasks outlines in Exhibit A of the proposed service agreement In exchange for performing these tasks, the city will be compensated based upon the scale also provided within the exhibit. Because the city maintains the same type of program internally,the Housing Program Coordinator is confident offering these services to the County will not only help them but further help to improve living conditions for Apache Junction residents who are seeking homeownership The Housing Program Coordinator will be the only city staff allocated to this program therefore not causing any undue burden on the other city staff. RECOMMENDATION Staff respectfully requests that Council approve Resolution No 11-45 ACTION REQUIRED Consent Agenda approval Attachment 1. Resolution Number 11-45 Attachment 2 Service Agreement including Exhibit A 2 RESOLUTION NO. 11-45 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SIGNING OF A SERVICE AGREEMENT WITH PINAL COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA FOR REHABILITATION SERVICES FOR THE NEIGHBORHOOD STABILIZATION PROGRAM. WHEREAS, the City of Apache Junction is desirous of participating in the Neighborhood Stabilization Program ("NSP3") , and WHEREAS, the City of Apache Junction is desirous of providing rehabilitation services to Pinal County; and WHEREAS, the City of Apache Junction is desirous of providing rehabilitation services to eligible homeowners under the NSP3 program to improve living standards; and WHEREAS, the City of Apache Junction has the ability and the resources to provide such services . NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction as follows • SECTION 1: The Mayor is authorized to sign the Service Agreement and authorizes the staff to take any and all actions necessary to implement and complete the activities identified in Exhibit A of the Service Agreement. SECTION 2 : Pinal County will provide the City of Apache Junction reimbursement for time spent on the NSP3 program in accordance with Exhibit A of the Service Agreement. SECTION 3: The City of Apache Junction Housing Program Coordinator will provide said services as outlined in Exhibit A of the Service Agreement. Further, the City of Apache Junction recognizes the total maximum investment of $25, 000 per rehabilitated home, shall not be exceeded. RESOLUTION NO. 11-45 PAGE 1 OF 2 Auk SECTION 4 : The Housing Program Coordinator will work with Pinal County to complete the assigned tasks in accordance to NSP3 requirements SECTION 5 : Aftik The City of Apache Junction will utilize the most current adopted Pinal County Housing Rehabilitation Guidelines SECTION 6: The City of Apache Junction is aware that any funds unexpended by July 1, 2013 shall be forfeited. SECTION 7 : The City of Apache Junction shall comply with all Federal NSP3 Program guidelines, federal statutes and regulations applicable to the NSP3 Program PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2011 . SIGNED AND ATTESTED TO THIS DAY OF 2011 . JOHN S . INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 11-45 PAGE 2 OF 2 Housing Rehabilitation/Housing Replacement Service Agreement for the Neighborhood Stabilization Project This Agreement ("Agreement") is entered into by and between Pinal County, a Political Subdivision of the State of Arizona (COUNTY) and the City of Apache Junction ("CITY") for Rehabilitation Services for the Neighborhood Stabilization Program ("NSP3"). BACKGROUND A The parties to this Agreement wish to cooperate to provide Housing Rehabilitation Services to homebuyers who qualify for NSP3 funds in Apache Junction, Arizona B. The COUNTY and the CITY have the ability and resources to provide the necessary housing rehabilitation services in selected areas of Apache Junction under the provisions of NSP3 funds awarded to the COUNTY. C. The parties agree that the sole purpose of this Agreement is to provide Housing Rehabilitation Services to improve living standards in accordance with NSP3 requirements AGREEMENT The parties agree as follows. 1. Assignments. The COUNTY will use NSP3 grant funds for the purpose of conducting housing rehabilitation activities in selected areas of Pinal County 2. County Responsibilities. The COUNTY shall have the following responsibilities. 2 1 The COUNTY will provide available funding, up to $25,000 or an increased amount as availability of grant funding permits, to conduct housing rehabilitation on homes which meet qualifications as set forth in the NSP3 provisions All funds must be expended by July 1, 2013. In no event shall the COUNTY's liability, however, exceed the maximum amount of grant funds available, and no rehabilitation project shall receive funding in excess of the limits prescribed by federal law, rule or regulation. 2 2 The COUNTY agrees to identify, in consultation with CITY staff, those tasks to be performed for each individual housing unit to be rehabilitated These tasks include, but may not be limited to the tasks outlined in Exhibit A of this Agreement The COUNTY agrees to pay CITY staff for any tasks performed by CITY staff at the rates outlined in Exhibit A. 2.3 COUNTY rehabilitation guidelines will be followed with respect to the homes that receive housing rehabilitation under NSP3 All homeowners will be required to record a deed of trust and promissory note with the Pinal County Recorder's Office as required by these guidelines 2 4 The COUNTY will be responsible for determining program eligibility and property eligibility for the program 3. City Responsibilities. The CITY will have the following responsibilities: 3 1 The CITY will be responsible for tasks outlined in Exhibit A of this Agreement, and will receive compensation from the COUNTY for performing such tasks 4 Mutual Responsibilities. The parties share the following mutual responsibilities 4 1 The assigned personnel of the CITY and the COUNTY will confer at such times as may be mutually agreed upon to evaluate the Project 4.2 The personnel of the CITY and the COUNTY assigned to the NSP3 project shall cooperate in providing accurate assessments of the NSP3 project to ensure successful completion 5. Discontinuance of Project. 5.1 The COUNTY shall notify the CITY as soon as possible in the event that NSP3 funding is no longer available at which time the COUNTY'S financial obligation pursuant to this Agreement shall terminate. 6. Insurance. During this Agreement both parties shall maintain the insurance policies specified below 6 1 The policies shall be issued by companies licensed in Arizona with a current A M Best rating of A-VII or better. 6 2 Each party's insurance must be primary, and any insurance or self- insurance maintained by the other party shall not contribute to it The following coverage is required 6 2 1 Commercial General Liability insurance with a limit of not less than $1,000,000 00 per occurrence for bodily injury, property damage, personal injury, products and completed operations, and blanket contractual coverage, including but not limited to, the liability assumed under the indemnification provisions of the Agreement 6 2 2 Workers' Compensation insurance with limits statutorily required by and Federal or state law and Employer's Liability insurance of not less than $500,000 for each accident, $500,000 disease for each employee, and $500,000 disease policy limit, and 7. Indemnification. To the fullest extent permitted by law, each party shall defend, indemnify, and hold harmless the other its agents, officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses (including but not limited to attorney fees and court costs) arising from the acts, errors, mistakes, omissions, work or service of the indemnifying party, its agents, employees, or any tier of that party's subcontractors in the performance of this Agreement The insurance requirements of this Agreement will not be construed as limiting the scope of this indemnification 8. Notices.All notices required under this Agreement shall be sufficient if sent by electronic mail, facsimile, or U.S Mail as follows: For COUNTY Ernest Feliz, Grant Coordinator Pinal County 970 N. Eleven Mile Corner Rd Casa Grande, AZ 85194 520.866.7221 (phone) 520 866 7235 (fax) ernie.feliz(a�pinalcountyaz.gov (e-mail) For CITY Heather Patel City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480 474-2635 (phone) 480 982-7010 (fax) hpatel anaicity.net 9. Non-Discrimination. Both parties shall comply with all federal, state, and local laws, rules, and regulations, and executive orders concerning non-discrimination in employment, education, and services on the basis of sex, race, disability, religion, national origin, or veteran's status. 10. Independent Contractor. CITY administration and staff are not officers, agents, or employees of the COUNTY. 11. Effective Date. The effective date of this Agreement is the date on which the Agreement was duly executed. Either party may terminate this Agreement with written notice to the other party at least ninety days in advance. CITY• COUNTY. City of Apache Junction Pinal County Housing & Community Development By' By John S Insalaco, Mayor Pete Rios, Chairman Date. Date ATTEST. Kathleen Connelly, City Clerk Shenf Cluff, Clerk of the Board of Supervisors Date Date APPROVED AS TO FORM Richard J Stern, City Attorney Joe Albo, Deputy County Attorney Date Date O� *pACFQ- �- City of Apache Junction Home of the .S llpei:t'tltlon Mountains 4Rizos* Print TO: City Manager's Office FROM: Heather Patel, Program Coordinator DATE: September 20, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: Proposed Resolution No. 11-43, authorizing the City to enter into an agreement for Safe Routes to School Cycle 5 funding ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: The City was awarded$35,000 through the Arizona Department of Transportation Safe Routes to School program.The grant award is to provide education programs and police enforcement to benefit Superstition Mountain Elementary, Cactus Canyon Jr High, and Four Peaks Elementary FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Statutory Requirement tECOMMENDATION: Staff respectfully recommends that Council approve the Intergovernmental Agreement between the City of Apache Junction and the Arizona Department of Transportation and Resolution No. 11-43; authorizing the City to enter into an Intergovernmental Agreement for funding under the Safe Routes to School Cycle 5 Non-Infrastructure Program. ATTACHMENTS: Click to download Ll Staff Report Ll Intergovernmental Agreement (3 Resolution 11-43 t. AGHF✓ f yn+ City of Apache Junction QRfZONP Development Services Department MEMORANDUM DATE: September 8, 2011 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Program Coordinator SUBJECT: Arizona Safe Routes to School Program Cycle 5 Intergovernmental Agreement REOUEST Staff respectfully requests that the City Council approve an Intergovernmental Agreement between the City of Apache Junction and the Arizona Department of Transportation("ADOT")and Resolution No 11-43, authorizing the City to enter into an Intergovernmental Agreement for funding under the Safe Routes to School Cycle 5 Non-Infrastructure Program. BACKGROUND In 2008 and 2009,the City of Apache Junction submitted and was awarded a grant under the Safe Routes to School Program Cycles 3 and 4 for a program called AJ Safe and Fit. The program provided enforcement and education services through the City's Parks and Recreation Department for Superstition Mountain Elementary School ("SMES")and Desert Shadows Middle School now Cactus Canyon Junior High("CCJH"). The program is a success, so an additional grant was submitted in 2010 for a third year to provide additional educational programs through the City's Parks and Recreation Department while expanding programs to Four Peaks Elementary School ("FPES"). The Intergovernmental Agreement and Resolution No. 11-43 authorizes the City to enter into the agreement and complete the project as identified in the grant application. DISCUSSION In July 2011, the City was notified of an award in the amount of$35,000 for the AJ Safe and Fit program On August 25, 2011 the City received the AJ Safe and Fit agreement ADOT requires that the signed agreement be accompanied by a resolution RECOMMENDATION 11%. Staff respectfully recommends that Council approve the Intergovernmental Agreement between the City of Apache Junction and the Arizona Department of Transportation and Resolution No. 11-43, authorizing the City to enter into an Intergovernmental Agreement for funding under the Safe Routes to School Cycle 5 Non-Infrastructure Program ACTION REQUIRED Consent Agenda approval Attachment 1: Intergovernmental Agreement 11-135-1 Attachment 2. Resolution No 11-43, Authorizing the City to Enter into an Intergovernmental Agreement 2 ADOT File No IGA/JPA 11-1351 AG Contract No P001 2011 002781 Project Safe Routes to School Section Various Schools ADOT Project No M50441IX TIP/STIP Itern No.: NA Budget Source Item No.: 79411 INTERGOVERNMENTAL AGREEMENT BETWEEN ... THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date , 2011, pursuant to the Arizona Revised Statutes § 11-951 through § 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City") The State and the City are collectively referred to as"Parties" I. RECITALS 1. The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State 2 The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement on behalf of the City 3 The Safe Routes to School Program (SRTS) was established in August 2005 as part of SAFETEA-LU, Section 1404 of this legislation provides funding (for the first time) for State Departments of Transportation to create and administer SRTS programs The recipient has up to twenty-four (24) months to expend the funds, unless otherwise specified The State and the City have identified programs within the City as eligible for this funding 4 The City as a recipient of this SRTS grant must comply with Arizona State Procurement Code for the purchase of materials and/or services Am. 5 The purpose of this Agreement between the State and the City is to allow the State to acquire Federal funds for the implementation of various educational safety programs, hereinafter referred to as the 'Project' The Project will consist of bicycle rodeos, National Safe Walk to School Days, monthly Walk to School Program, Neighborhood Walking School Bus Challenges and classroom challenge events. The City will also use the services of crossing guards, park rangers and police department officers The Project has been submitted to the State and Federal Highway Administration (FHWA)for their approval Page 2 IGA/JPA 11-1351 ADOT Project No. M504411X Federal Aid @ 100% (capped) $ 35,000 00 Total Estimated Project Cost $ 35,000.00 The Parties acknowledge that the final bid amount may exceed the initial estimate(s)shown above, and in such case, the City is responsible for, and agrees to pay, any and all eventual, actual costs exceeding the initial estimate. If the final bid amount is less than the initial estimate, the difference between the final bid amount and the initial estimate will be de-obligated or otherwise released from the Project The City acknowledges it remains responsible for, and agrees to pay according to the terms of this Agreement, any and all eventual, actual costs exceeding the final bid amount THEREFORE, in consideration of the mutual covenants expressed herein, it is agreed as follows II. SCOPE OF WORK 1 The State will. a Submit all documentation required to the FHWA containing the above-mentioned Project with the recommendation that funding be approved for implementation and funding, on behalf of the City If such Project is approved by the FHWA and the funds are available the State with the aid and consent of the FHWA in accordance with SAFETEA-LU funding, authorizes the City to proceed with the work covered in the application and will request the maximum Federal funds available b Not be obligated to incur any expenditure on behalf of the City Should costs exceed the maximum Federal funds available or unforeseen conditions or circumstances increase the cost of said work required by a change in the Project, it is understood and agreed that the City will be responsible for any overage c No more than monthly and within thirty (30) days of receipt and approval of an invoice from the City, the State will reimburse the City with Federal funds up to $35,000 00 of eligible Project costs d Not be obligated for any possible maintenance that may arise from the implementation of the Project. 2. The City will a Upon concurrence and authorization of FHWA and State, proceed with the development and implementation plans for the Project in the format covered in the application b Be responsible for all costs, should costs exceed the maximum Federal funds available, it is understood and agreed that the City will be responsible for any overage c Provide the personnel to self administer this Project using Arizona procurement procedures, proceed to advertise for, receive and open bids or proposals and enter into a contract(s) with a firm(s) to whom the award is made d Be obligated to incur any expenditure should unforeseen conditions or circumstances increase the cost of said work required by a change in the extent of scope of the work requested by the City Such changes require the prior approval of the State e Within thirty (30) days of paying for goods and services under this Agreement and no more than monthly invoice the State for incurred, eligible Project costs up to$35,000.00 Page 3 IGA/.IPA 11-1351 f Be entirely responsible for all costs incurred in performing and accomplishing the work as set forth in this Agreement not covered by Federal funding g Upon completion of the Project, agree to accept, maintain and assume full responsibility of said Project including any possible maintenance that may arise from the implementation of the Project III. MISCELLANEOUS PROVISIONS 1 This Agreement shall remain in force and effect for twenty-four (24) months from the date of execution, to also include final reimbursement and submittal of final status reports, provided however, that this Agreement, except any provision herein for maintenance, which shall be perpetual, unless assumed by another governmental agency, may be cancelled at any time prior to the award of a contract, upon thirty (30) days written notice to the other party It is understood and agreed that, in the event the City terminates this Agreement, the State shall in no way be obligated to maintain said Project 2 The State assumes no financial obligation or liability under this Agreement, or for any resulting construction Project The City, in regard to the City's relationship with the State only, assumes full responsibility for the design, plans, specifications, reports, the engineering in connection therewith and the construction of the improvements contemplated, cost over-runs and construction claims It is understood and agreed that the State's participation is confined solely to securing federal aid on behalf of the City and the fulfillment of any other responsibilities of the State as specifically set forth herein, that any damages arising from carrying out, in any respect, the terms of this Agreement or any modification thereof shall be the liability of the City and that to the extent permitted by law, the City hereby agrees to save, defend and hold harmless and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all costs and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, misrepresentation, directives, instruction or event arising out of the performance or non performance of any provisions of this Agreement by the State, any of its departments, agencies, officers and employees, or its independent contractors, the City, any of its agents, officers and employees, or its independent contractors Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, and expenses of litigation and attorneys' fees 3 This agreement shall remain in force and effect until completion of the work and related deposits and reimbursements 4 The total funding of the federal funds under this Agreement shall not exceed the total Project cost Should the Project not be completed, be partially completed, or be completed at a lower cost that the amount Federal funded, or for any other reason, should any of these Federal funds not be expended, the amount of the funds provided under this Agreement shall be proportionately reduced. 5 Notify the State in writing within sixty (60) days of completion of the Project The State will deobligate any remaining federal funds from the Project 6 The cost of the Project under this Agreement includes applicable indirect costs approved by the Federal Highway Administration (FHWA) 7 The City and the State warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the "Act") Additionally, in a timely manner, the City will provide information that is requested by the State to enable the State to comply with the requirements of the Act, as may be applicable 8 This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General Amok Ais Page 4 IGA/JPA 11-1351 9 This Agreement may be cancelled in accordance with Arizona Revised Statutes§38-511 10 To the extent applicable under law, the provisions set forth in Arizona Revised Statutes § 35-214 and § 35-215 shall apply to this Agreement 11 In the event of any controversy which may arise out of this Agreement, the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes§ 12- 1518 12 All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows Arizona Department of Transportation City of Apache Junction Joint Project Administration Attn Heather Patel 205 S 17th Avenue, Mail Drop 637E 300 E Superstition Blvd Phoenix, Arizona 85007 Apache Junction, Arizona 85119-2825 (602) 712-7124 (480)474-2635 (602) 712-3132 Fax hpatel@ajcity net For City Financial Matters: Donna Meinerts, Finance Director 300 E Superstition Blvd Apache Junction, Arizona 85119 (480)474-5451 (480) 982-7010 Fax 13 This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U S C 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36. The parties to this Agreement shall comply with Executive Order Number 09-09 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non-Discrimination" 14 Non-Availability of Funds Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations If funds are not .p allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph 15 Compliance requirements for Arizona Revised Statutes § 41-4401--immigration laws and E-Verify requirement a The City warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Arizona Revised Statutes§23-214(A) b A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract, and the City may be subject to penalties up to and including termination of the Agreement c The State retains the legal right to inspect the papers of any employee who works on the Project to ensure that the City or subcontractor is complying with the warranty under paragraph (a) Page 5 IGA/.1PA 11-1351 16 Pursuant to Anzona Revised Statutes § 35-391 06 and § 35-393 36, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes § 35-391 and/or § 35-393, as applicable. If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement 17 The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended 18 In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each party's legal counsel and that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN INSALACO SAM MAROUFKHANI,P E. Mayor Deputy State Engineer, Development ATTEST By KATHY CONNELLY City Clerk +. ,...k JPA 11-135I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an Agreement between public agencies which has been reviewed pursuant to Arizona Au Revised Statutes § 11-951 through § 11-954, and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona No opinion is expressed as to the authority of the State to enter into this Agreement DATED this day of , 2011 City Attorney ..••. RESOLUTION NO. 11-43 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE USE OF A SAFE ROUTES TO SCHOOL NONINFRASTRUCTURE GRANT. WHEREAS, the City of Apache Junction, Arizona ("City") , and a the Arizona Department of Transportation ("ADOT") desire to enter into an Intergovernmental Agreement ("IGA") allowing City to accept and complete a Safe Routes to School grant which includes providing educational events and activities at local elementary and middle schools and providing police enforcement; and WHEREAS, the parties have crafted a written agreement which sets forth the conditions for such arrangement; and WHEREAS, pursuant to A.R.S . § 11-952 (A) et seq , public entities may enter into intergovernmental agreements with other municipalities and government entities for joint or cooperative activities . 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 Safe Route to Schools Grant Intergovernmental Agreement and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) Management staff is authorized to carry out the goals and objectives of the grant, to include fulfilling all administrative and programmatic requirements . RESOLUTION NO. 11-43 PAGE 1 OF 2 /11\ PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011, and SIGNED AND ATTESTED TO THIS DAY OF , 2011. ... JOHN S INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J STERN City Attorney OIN RESOLUTION NO 11-43 PAGE 2 OF 2 PgACHe '. ° G'b c;ity a the Junction .f Home of the .S uper:►lztroiz Alr olnita in 4R$2Ot Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: September 20, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: Consideration of approval allowing the Mayor to sign amendment to existing agreement between the City of Apache Junction and Governors Office of Energy (contract number R016-10-01) ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: City staff and DOE (Department of Energy) desire to amend the current agreement extending its term by three months. The extension will allow the City to use the balance of grant monies awarded in late 2009 for energy efficiency and conservation improvement projects to City facilities. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download D Letter to Council ❑ Amendment to agreement PQACN o y Public Works Department U Home of the Superstition Mountains q R ZONA Date. September 8, 2011 To: Mayor and Members of the City Council Through. George Hoffman, City Manager Giao Pham, Interim Public Works Director From: Shane Kiesow, Public Works Manager Subject. Amendment to Contract with Governors Office of Energy This item is planned for a quick turnaround for a September 19th discussion and September 20th regular session consent due to the current contract term ending September 30, 2011 In late 2009 the City of Apache Junction was awarded an EECBG grant totaling approximately $171,000 for energy efficiency and conservation projects for its city owned facilities. Subsequent to the award was an Agreement/Contract entered into by the City and DOE in March 2010. This amendment will add an additional three (3) months to the Agreement to allow these monies and planned projects to be concluded. 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-E005 AM. Contract Amendment *N=r, City of Apache Junction (",` 41' � 300 E. Superstition Blvd � '%' �t, 11 1:`,. 1 Apache Junction, AZ 85 1 1 9-2825 GOVERNORS ;t OFFICE OF ENERGY POLICY Attn: Shane Kiesow tk- 14#4* Contract No. R016-10-01 1700 W Washington, Suite 220 Amendment No 3 Page 1 of 1 Phoenix, Arizona 85007 This contract is amended as follows: 1. In accordance with the contract Special Terms and Conditions,paragraph 1. Term of the Contract,the term of this contract is extended to December 31, 2011 2. The contractor must submit a detailed timeline that includes the dates of project solicitation, pre-bid, pre- construction and project ending for each EECBG activity. 3. Contractors must provide bi-weekly email status reports to the EECBG Program Manager ALL OTHER PROVISIONS OF THE CONTRACT SHALL REMAIN IN THEIR ENTIRETY. VENDOR HEREBY ACKNOWLEGES RECIEPT AND THE ABOVE REFERENCED AMENDMENT IS UNDERSTAND OF THE ABOVE ADMENDMENT: HEREBY EXECUTED ON BEHALF OF THE GOVERNOR'S OFFICE OF ENERGY BY: SIGNATURE DATE SIGNATURE DATE LEISA BRUG, DIRECTOR Or Authorized Signatory ACHf✓G _° = City of Apache function Home of the Superstition Mountains 4PszOs* Print TO: City Manager's Office FROM: Jerald L. Monahan, Chief of Police DATE: September 20, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: Consideration of Resolution No. 11-42, authorizing the City of Apache Junction to enter into an intergovernmental agreement with the Town of Kearny for participation in the training of public safety staff ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Resolution No 11-42 will authorize the City of Apache Junction to enter into an intergovernmental agreement with the Town of Kearny to participate in the training of public safety staff. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: -RECOMMENDATION: Approval ATTACHMENTS: Click to download D Resolution No. 11-42 ❑ IGA with Town of Kearny Ask RESOLUTION NO. 11-42 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH TOWN OF KEARNY FOR TRAINING PUBLIC SAFETY STAFF. WHEREAS, the Town of Kearny ("Town") and the City of Apache Junction ("City") , both municipal corporations, desire to enter into an Intergovernmental Agreement ("IGA") allowing participation in the training of Public Safety staff; and WHEREAS, the Mayor and Town Council of the Town of Kearny authorized this IGA with Resolution 11-684 on August 15th, 2011; and, that both parties desire to effectuate the arrangement 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 attached Intergovernmental Agreement Regarding the Training of Public Safety Staff, and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) The Police Chief is authorized to implement the terms and conditions of the agreement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011 . SIGNED AND ATTESTED TO THIS DAY OF , 2011 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk RESOLUTION NO. 11-42 PAGE 1 OF 2 APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO 11-42 PAGE 2 OF 2 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF KEARNY AND THE CITY OF APACHE JUNCTION This INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into this day of , 2011 by and between TOWN OF KEARNY, an Arizona municipal corporation ("Town") and the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), hereinafter collectively referred to as the "Parties" or individually referred to as a "Party". RECITALS WHEREAS, the Parties are authorized by A.R.S. Sections 11-951, et seq to enter into agreements for the joint exercise of any power common to the contracting parties as to governmental functions necessary to the public health, safety and welfare, and the proprietary functions of such public agencies, and WHEREAS, Town is in need of assistance from City with training public safety staff in order to implement various governmental functions and to insure compliance with all applicable rules and regulations, and WHEREAS, Town desires to provide City with Town police cadets for assignment in City's police department in order that the cadets experience an increased volume of diverse police calls and receive meaningful instruction and evaluation from a City-assigned Field Training officer, and WHEREAS, the Town and the City desire to enter into this intergovernmental agreement as authorized under A R S §§ 11-951, et seq AGREEMENT THEREFORE, for and in consideration of the mutual promises of the Parties hereto, -- it is agreed as follows SECTION 1 Definitions (a) "Chief Law Enforcement Officer" means that person who is the department head with peace officer authority (i e Chief) or his duly authorized representative having the primary responsibility for law enforcement within the jurisdiction ar territory, whether designated by appointment or election (b) "Field Training" means the one-on-one personal attention a Town cadet receives from a City training officer with regard to law enforcement operational exposure SECTION 2 Duration and Purpose Once executed, this agreement shall be in effect for five years. The agreement shall be automatically renewed for like periods, until terminated pursuant to Section 11. The purpose of this agreement is to obtain maximum efficiency in cooperative law enforcement operations, specifically Field Training activities, pursuant to the authorization herein granted by the Chief Law Enforcement Officer and governing body of each Party SECTION 3. Control and Supervision A As long as the governing bodies of the Town and City have made available and have appropriated funds accordingly,the City's Police Department("AJPD")shall Field Train a Town police cadet for a four to twelve week period. City will provide operational supervision in the form of a qualified supervisor under the command of a qualified AJPD staff member This supervision extends to all Field Training personnel for the purposes of daily operations and assignments. While undergoing Field Training with City, the Town cadet will work the assigned shift and shall wear the City's Public Safety Uniform B. Each Party shall retain sole responsibility for its officer's personnel related issues including all disciplinary matters. In the event that any conflict develops between the Parties concerning command and control of Field Training personnel, the Town will be given both immediate telephonic and written notice of the conflict, and the officer's status as a Field Training member shall be immediately suspended until the Parties otherwise resolve the matter C Each Party shall have sole management discretion as to the officer recommended for participation in the Field Training. However, City's Chief Law Enforcement Officer may, at any time during the term of this Agreement decline, refuse, or revoke the participation of an individual officer's participation in the Field Training in his or her sole discretion SECTION 4 Responsibility for Damages Each Party shall be responsible and liable for damages caused by its personnel during that Party's participation in the Field Training, and/or during the course of rendering mutual law enforcement assistance, and otherwise, as provided by law. SECTION 5 Insurance Each Party shall at all times provide and keep in full force and effect workers compensation and comprehensive liability insurance for itself, its law enforcement personnel, and other employees with limits of not less than $2,000,000.00 per occurrence or claim. If requested, each Party shall furnish the other Party with certificates of insurance coverage or proof provided by its risk management officer During the duration of this Agreement, no Party may cancel the insurance policies. SECTION 6 Liability and Indemnification 2 Town agrees to indemnify, defend and hold harmless City from and against all claims, losses, liability, costs, or expenses(including reasonable attorneys fees) arising out of bodily injury or death of any person or any property damage as a result of the Field Training activities. SECTION 7. Equipment & Uniform AJPD will provide a workstation and necessary materials to complete office-based tasks, including a computer and desk telephone for Field Training members. Town shall provide its assigned personnel with all other tactical equipment necessary for carrying out law enforcement operations, including weapons, ballistic vests and other protective equipment as determined by the Field Training supervisor and Town shall pay for City- issued uniforms. SECTION 8. Reports All investigative and intelligence reports generated as a result of each Party's participation in Field Training shall be maintained for electronic and hard copy storage and/or dissemination at AJPD Reports may be made available to Town upon written request to and approval from the Field Training supervisor. All administrative reports generated, such as training records, time sheets, etc , shall be distributed to Town. Necessary forms or documentation shall be provided to the Field Training supervisor, or designee, during Town's participation in Field Training SECTION 9. Finances Town shall pay City the additional FTO supplemental personnel costs associated with the Field Training operations at the rate of $1 35 per hour fcr each hour a Field Training officer spends Field Training Town employees Town shall send such payments to City within thirty (30) calendar days from billing date of invoices sent by City Each Party shall secure and provide to/for payment of any agreed upon costs and expenses necessary to perform Field Training, as permissible within each Party's budget. If permitted by the terms of any grant funding, such amounts may be utilized to finance the Parties' participation in Field Training 3 SECTION 10. Anti-Racketeering Fund Asset Sharing At least annually, the Parties will meet with the AJPD Chief Law Enforcement Officer or designee to determine the nature and amount of funds and/or assets obtained through investigations generated by Field Training. At that time, the Police Chiefs of each Party will establish an equitable asset-sharing plan for the funds or assets, utilizing statutory or regulatory anti-racketeering asset expenditure requirements Available funds or assets shall be first allocated to Field Training requirements Remaining funds or assets either may be retained in the Anti-Racketeering Fund for future law enforcement use by agreement of the Police Chiefs of each Party participating Field Training agencies. SECTION 11 Termination Either Party may terminate this Agreement at any time by providing sixty (60) calendar days' written notice of termination to the other Party. In the event of such termination, each Party shall retain possession of its separately owned equipment and property All equipment purchased with Field Training funds, including grants or Anti- Racketeering funds, shall be retained by AJPD. In the event that Field Training is dissolved, remaining funds or assets shall be distributed to Town by agreement of the Police Chiefs of each Party Periodic and/or temporary withdrawal of any Party's assigned officers shall not operate as a termination unless the formal, written notice of termination is served as set forth above. SECTION 12 Employment Status and Worker's Compensation The Parties shall each provide worker's compensation insurance, salary, and benefits for their respective employees Except as otherwise provided by law, specifically A.R.S. § 23-1022(D), in the performance of this Agreement, both Parties hereto will be acting in their individual governmental capacities and not as agents, employees, partners, joint ventures, or associates of each other The employees, agents, or subcontractors of one Party shall not be deemed or construed to be the employees or agents of the other Party. The primary employer shall be solely liable for payment of worker's compensation benefits or liable for any damages owed to an employee who has opted out of worker's compensation coverage. Town agrees to provide any posting and notice to the employees as required A R S § 23-1022(E) or otherwise provided by law SECTION 13. Nondiscrimination The Parties shall comply with all applicable provisions of state and federal non- discrimination laws and regulations including, but not limited to, State Executive Order No 99-A, which mandates that all persons, regardless of race, religion, sex, age, national origin or political affiliation shall have equal access to employment opportunities and all other federal and state employment and educational opportunity laws, rules and regulations, including the Americans with Disabilities Act No Party shall engage in any 4 form of illegal discrimination with respect to applications for employment or student status or employees or students SECTION 14. Entire Agreement This Agreement contains the entire understanding of the Parties hereto. There are no representations or other provisions other than those contained herein, and any amendment or modification of this Agreement shall be made only in writing and signed by the parties to this Agreement. SECTION 15 Invalidity of Part of the Agreement The Parties agree that should any part of this Agreement be held to be invalid or void, the remainder of the Agreement shall remain in full force and effect and shall be binding upon the Parties. SECTION 16. Governing Law and Venue The laws of the State of Arizona shall govern this Agreement This Agreement shall incorporate by reference all laws governing the intergovernmental agency agreements and mandatory contract provisions of state agencies required by statute or executive order. Venue for disputes among the Parties to this agreement will be in the Pinal County Superior Court of the State of Arizona, unless otherwise agreed upon by the impacted parties and each party waives the right to change venue to any other county. SECTION 17. Conflict of Interest The Parties acknowledge that this Agreement is subject to cancellation provisions pursuant to A R S § 38-511, as amended,the provisions of which are incorporated herein and made a part hereof SECTION 18. Notices All notices, requests for payment, or other correspondence between the Parties regarding this Agreement shall be mailed or delivered to the respective Parties at the public address listed for the senior law enforcement official for that public agency. SECTION 19 Record Retention To the extent required by law, the parties agree to abide by the record retention provisions of A R S §§ 35-214 and 35-215. 5 IN WITNESS WHEREOF, the Parties hereto have executed this AGREEMENT on the date written below. PARTIES TO THIS INTERGOVERNMENTAL AGREEMENT 0 r//57// Date i Date TOWN OF KEARNY `r ,� CITY of APACHE JUNCTION ByFJ.� �r€-I'O By: Debra Sommers, Mayor John S. Insalaco, Mayor ATTEST. ATTEST. IPor as on, Town Clerk Kathleen Connelly, City Clerk In accordance with A.R.S. § 11-952, this contract has been reviewed by the undersigned who has determined that this contract is in appropriate form and within the powers and authority granted to each respective public body. v This 15 day of h,,„sH , 2011. This 22 p.m day of P'U& , 2011 0 -) COL/ C11)41)et--- tep e R Cooper R Joel Stern Town Attorney City Attorney 6 Pp ACHE e G ° , z ('ity of-Apache Junction F. Home of tfie Superstition Mountains Print TO: City Manager's Office FROM: Frank Blanco,Water District Director DATE: September 20, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: Consideration of approval of Resolution No 11-41, Authorizing the City to enter into an intergovernmental lease agreement with the Apache Junction Water Utilities Communities Facilities District for lease of premises at the Apache Junction City Hall complex. ACTION REQUESTED: Recommendation for Approval 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. This item was previously discussed under New Business at the September 6 City Council meeting. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: Statutory Requirement RECOMMENDATION: ATTACHMENTS: Click to download ❑ Resolution No. 11-41 ❑ ILA 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 FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 11-41 PAGE 2 OF 2 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: Those 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, Arizona 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: The 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 plus any applicable transaction privilege taxes. OIN 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 Exhibit "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 5484 1.539283 6 ON #1011 original twelve month period, the use of the word "Term"refers to the subsequent Terms as well as the original twelve month Term. 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 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 5484 1 539283 6 2 1^ 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. 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 coverings), 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 provided 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. QUIET 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. 5484 1.539283 6 3 Anik 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, restrictive 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 ^ 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 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 5484 1 539283 6 4 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 15.7. Conflict of Interest. This Lease is subject to the cancellation provision for conflicts of interest pursuant to A.R.S. §38-511. 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, 5484 1.539283 6 5 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 WATER UTITLITIES COMMUNITY Arizona municipal corporation FACILITIES DISTRICT OF APACHE JUNCTION, an Anzona municipal corporation By By Name John S Insalaco, Mayor Name John S Insalaco, Chairman ATTEST. ATTEST. CITY CLERK DISTRICT CLERK APPROVED AS TO FORM- APPROVED AS TO FORM. CITY ATTORNEY DISTRICT COUNSEL OIN 5484 1539283 6 6 C. ( I — i _te r— ____ DEVELOPMENT SERVICES __ •_- i--_ sF- T r Jr ` Y, =lit ._..... i 4 ;°. tit. ea I 4,7„e ir.. Irl 11 ri A 4, as tea ,� ;.. 9 . i 4 COt £ .111 i Q 43 , �r .00 r cil t n .Eil, 0 iSi gii -ftkit- w Eirli. 1,4•Y _ :rJunction al �•' 0 .., ._ .. 1._�i #7 _ 10.vfi01'mfWA SUN V � 1:.� I... I CCNrCfChT Ptnv z — f- •ri R:, t- ,n a1 F.:I " Ci ; • .. ..t^ ��''}}��''''''""'' _ aN tom:. ...,,. � • L'..=Iwo,n..-...qn ^.+.'�"' � 6 ea ,w�=.yT+`r. urn u_ �1 .., �o'` M '. I ROLL CALL VOTE NOTES: r w ITEM # K MEETING OF gel / 1) MOTION BY: SECONDED BY• 7 YES NO ABSTAINED COUNCILMEMBER SMITHSON t.- COUNCILMEMBER BARKER VICE MAYOR DIETZ COUNCILMEMBER COLEMAN V COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO L UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL �. CONSENT AGENDA ITEMS NO. 1-8 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE FISCAL YEAR 2011-2012 CITY COUNCIL LEGISLATIVE WORK PLAN BE ADOPTED; AND THAT RESOLUTION NO. 11-45, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SIGNING OF A SERVICE AGREEMENT WITH PINAL COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA FOR REHABILITATION SERVICES FOR THE NEIGHBORHOOD STABILIZATION PROGRAM, BE APPROVED, AND THAT RESOLUTION NO. 11-43, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE USE OF A SAFE ROUTES TO SCHOOL NONINFRASTRUCTURE GRANT, BE APPROVED; AND THAT APPROVAL BE GIVEN TO AMEND THE EXISTING AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE GOVERNOR'S OFFICE OF ENERGY (CONTRACT NUMBER R016-10-01) TO EXTEND THE TERM OF THE AGREEMENT BY THREE MONTHS TO ALLOW THE CITY TO USE THE BALANCE.OF GRANT MONIES AWARDED IN LATE 2009 FOR ENERGY EFFICIENCY AND CONSERVATION IMPROVEMENT PROJECTS TO CITY FACILITIES; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AMENDMENT; AND THAT RESOLUTION NO. 11-42, A RESOLUTION OF THE MAYOR AND CITY COUNCIL .-. OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH TOWN OF KEARNEY FOR TRAINING PUBLIC SAFETY STAFF; BE APPROVED; AND THAT 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, BE APPROVED. 0$11/4Ck 1/4 n ...Lily o f Apache juncilon I Iri,,/� t the .r r pei:f'tion Print TO: City Manager's Office FROM• Roger S. Hacker, Revenue Resources Manager DATE. September 20, 2011 Agenda Type . Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PROCLAMATION DESIGNATING SEPTEMBER 30, 2011 AS "JUDY BOREY DAY" ACTION REQUESTED• Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Proclamation honoring Judy Borey for her twenty one years of service to the Boys and Girls Club Since 2004, Mrs Borey has been the Executive Director of the Apache Junction Chapter of the Club During that time, Mrs Borey provided service to 5,000 local young people while overseeing the expansion of the facility. FISCAL IMPACT: OPTIONS/ALTERNATIVES RECOMMENDATION: Staff respectfully recommends passage of the proclamation ATTACHMENTS: Click to download l3 Judy Borev Proclamation Proclamation "JUDY BOREY DAY" SEPTEMBER 30, 2011 Whereas, Boys & Girls Club provides children with safe places to learn and grow, ongoing relationships with caring, adult professionals, life-enhancing programs, character development experiences, hope and opportunity, and Whereas, Boys & Girls Clubs believe that with the support of a caring community, every child has the potential to BE GREAT and to become caring, responsible citizens, and Whereas, Boys & Girls Clubs impact the lives of young people in vital areas such as academic success, good character and citizenship, and healthy lifestyle, and Whereas, Judy Borey in 1984 survived a brain tumor and in doing so dedicated herself to serving this country's young people, and Whereas, during her 21 year career with the Boys and Girls Club, Judy provided service to approximately 15,000 young people, and Whereas, during her seven year tenure as Executive Director of the Apache Junction Branch, Judy provided services to approximately 5,000 local youth and oversaw the expansion of the Club; and Whereas, Judy has provided support to numerous community activities and programs; and Whereas, Judy firmly believes that it is better to build children than to repair adults. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Apache Junction, Arizona, that I, Mayor John S Insalaco do hereby proclaim September 30, 2011 as "JUDY BOREY DAY" in Apache Junction, and call upon all citizens and civic organizations to thank Judy for her tireless service to our children and to take the time to build a child Signed this day of , 2011 JOHN S. INSALACO MAYOR ATTEST KATHLEEN CONNELLY CITY CLERK py ACHE . 2�a City of Apache Junmon Home of the .Superstition :'-fountains 4PizONr Print TO: City Manager's Office FROM: Jeff Bell, Parks and Recreation Director DATE: September 20, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION OF THE ARIZONA PARKS AND RECREATION ASSOCIATION'S AWARDS TO THE PARKS AND RECREATION DEPARTMENT. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: Staff will share awards recently received at the Arizona Parks and Recreation Association's annual awards program. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available PpACHf i 0 1/4 � `tiny Ci y of Apache Junction { a Home of the .S uperctttzon ?,iollntains 4PizoNr Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: September 20, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available ROLL CALL VOTE NOTES: Y3 ITEM # i' MEETING OF (/ ZG) / i4MOTION BY: a `''(� SECONDED BY7 " 4 YES NO ABSTAINED COUNCILMEMBER COLEMAN COUNCILMEMBER SMITHSON COUNCILMEMBER SERDY COUNCILMEMBER BARKER COUNCILMEMBER WILSON VICE MAYOR DIETZ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL (9 ITEM NO. 12 I MOVE THAT AN EXECUTIVE SESSION AT 5:45 P M AND A WORK SESSION AT 7.00 P M BE HELD ON MONDAY, OCTOBER 3, 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, OCTOBER 4, 2011 IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P.M i ROLL CALL ws I /l 1 I REG:(5111,0 ii/ SPEC CITY COUNCIL P / A P / A P I A MAYOR INSALACO VICE MAYOR DIETZ li , '•� COUNCILMEMBER BARKER V I/ COUNCILMEMBER COLEMAN V 1/7:// COUNCILMEMBER SERDY COUNCILMEMBER SMITHSON L V COUNCILMEMBER WILSON L� TOTAL 'f'-h L-) CITY STAFF: >' City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly ` City Attorney Joel Stern ,/7 L Public Safety Director Jerald ` Monahan V V 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 66/...L____:jeriA)/ Assistant to the City Manager Matt Busby OTHERS , , ,, 9 /�aittilk\d/A)-2 ) , ,i �v- 4 ice .