HomeMy WebLinkAbout2011 10.04 City Council Regular Agenda PLEASE FILL OUT A"RECAST TO SPEAK" FORM IF YOU WISH TO ADDRP'49 THE COUNCIL AT CALL TO THE
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APACHE JUNCTION CITY COUNCIL
CITY COUNCIL CHAMBERS
... 300 EAST SUPERSTITION BOULEVARD
APACHE JUNCTION, ARIZONA 85219
REGULAR MEETING AGENDA
October 4, 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 20,2011.
3. Consideration of entering into a contract with Sunland Asphalt for the street maintenance asphalt concrete overlay
in the Sierra Entrada subdivision in an amount not to exceed $251,815 93.
Staff requests consideration of entering into an agreement with Sunland Asphalt for the street maintenance asphalt concrete overlay of
the Sierra Entrada Subdivision as communicated in the Fiscal Year 2011-12 Street Maintenance Plan
4 Consideration of approval of Resolution No 11-46 authorizing the City to adopt the Pinal County Multi-
Jurisdictional Hazard Mitigation Plan 2010 as an official plan for the City.
Staff respectfully requests council consideration and approval of Resolution No 11-46 authorizing the city to adopt the Pinal County
Multi-Jurisdictional Hazard Mitigation Plan 2010 as an official plan for the city The Plan recommends several actions/projects that will
provide mitigation for specific natural and human caused hazards that impact the citizen's of Apache Junction
5. Consideration of Resolution No 11-47 authorizing the City to enter into an Intergovernmental Agreement with the
Fort McDowell Yavapai Nation for the use of Proposition 202 funds.
The city was awarded a$2,000 grant from the Nation for the installation of public art along Old West Highway between Idaho Road
and Phelps Drive/North Apache Trail
Resolution No 11-47 would approve the Intergovernmental Agreement necessary to accept the grant funds
6 Consideration of Resolution No. 11-44, authorizing the City of Apache Junction to enter into an intergovernmental
agreement with Arizona Department of Fire, Building and Life Safety Office of Manufactured Housing to enforce
manufactured home installation standards.
Since 1988,the city and the State Office of Manufactured Housing(OMH) have had a legal relationship whereby the city is empowered
by OMH to enforce manufactured housing regulations In 2006,the city and OMH entered into another formal agreement,which now
needs to be renewed for an additional five-year period
Proposed Resolution No 11-44 authorizes the city to enter into an Intergovernmental Agreement whereby the parties will enforce OMH
installation standards
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
7 PROCLAMATION DESIGNATING OCTOBER 2011 "DOMESTIC VIOLENCE AWARENESS MONTH"
Proclamation designating the month of October as"Domestic Violence Awareness Month"
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
such items except for clarifying comments related to substance,time and location
C 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.
8 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
9. APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES#3850
LOCATED AT 2315 S. COCONINO, APACHE JUNCTION.
The Fraternal Order of Eagles#3850 is requesting a temporary extension of premises at 2315 S. Coconino for October 29,2011 This
public hearing is the next step in the application process The council shall make a recommendation of approval or denial to be
forwarded to the Arizona Department of Liquor Licenses and Control
I OLD BUSINESS.
The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously
postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first
submitting a written request-to-speak form with the City Clerk
None i.
J. NEW BUSINESS.
The Council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited
to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk
10. ANNUAL BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS.
The council interviewed new applicants and reappointees for the Board of Adjustment, Library Board, Parks and Recreation
Commission and Planning and Zoning Commission at the October 3 Work Session. This item gives the council the opportunity to fill
these positions
K COUNCIL DIRECTION TO STAFF.
This item allows the Mayor and City Council to direct staff on specifically listed matters
None
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES:
11• EXECUTIVE SESSION AT 5 45 P M AND WORK SESSION AT 7.00 P.M FOR MONDAY, OCTOBER 17, 2011.
12 EXECUTIVE SESSION AT 5.45 P.M. FOR TUESDAY, OCTOBER 18,2011. 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 20, 2011
The regular meeting of the City Council of the City of
Apache Junction, Arizona, was held on September 20, 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
Vice Mayor Dietz led the Pledge of Allegiance.
ROLL CALL
Councilmembers Present: Mayor Insalaco
Vice Mayor Dietz
Councilmember Coleman
Councilmember Serdy
Councilmember Smithson
Councilmember Wilson
(Councilmember Barker was absent . )
Staff Present : City Manager George Hoffman
Assistant City Manager Bryant Powell
City Attorney Joel Stern
Public Safety Director Jerald Monahan
Interim Public Works Director Giao Pham
Others Present : Parks Superintendent Nick Blake
Recreation Superintendent Liz
Langenbach
Deputy City Clerk Jan Mason
REGULAR MEETING OF THE CITY COUNCIL
SEPTEMBER 20, 2011
PAGE 1 OF 7
rw
Facility Manager Jamie Sullivan
Revenue Development Manager Roger
Hacker
Business Advocate Janine Solley
ACCEPTANCE OF CONSENT AGENDA
Vice Mayor Dietz MOVED
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 KEARNY FOR TRAINING OF 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.
REGULAR MEETING OF THE CITY COUNCIL
SEPTEMBER 20, 2011
PAGE 2 OF 7
Councilmember Coleman SECONDED THE
MOTION.
VOTE: Unanimous .
The motion carried.
AWARDS, PRESENTATIONS AND COMMUNICATIONS
Mayor Insalaco read a proclamation designating September 30,
2011 as "Judy Borey Day". Mr. Bob Lyming, Director of
Development for the Boys and Girls Club of the East Valley gave
a brief history of her achievements with the Boys and Girls Club
and introduced Laurie Armstrong as the new director for the
Apache Junction branch.
Parks Superintendent Nick Blake gave a presentation on the
Partnership Award received at the annual Arizona Parks and
Recreation Association awards program for its partnership with
Superstition Area Land Trust with regards to the improvements
done to Silly Mountain. He presented Superstition Area Land
Trust President Furhurm with their award.
Recreation Superintendent Liz Langenbach gave a presentation on
Facility Manager Jamie Sullivan receiving the annual Arizona
Parks and Recreation Award for Young Professional of the Year.
Councilmember Wilson commented he and Councilmember Smithson
attended the awards dinner and they were impressed with what
went on that evening. The city did receive two awards, but it
was in contention for several other awards. We have a fantastic
parks and recreation department. The people in attendance,
during a tight budget, were attending on their own dollars. He
thanked the group and stated the council appreciates everything
they do for the community.
ANNOUNCEMENT OF CURRENT EVENTS
Councilmember Serdy announced the centennial committee is still
looking for donations to put on the centennial celebration
during Lost Dutchman Days of 2012 . A lot of people have already
given. They are getting close to a certain amount wherein Salt
River Project will kick in some more to put them over the top.
REGULAR MEETING OF THE CITY COUNCIL
SEPTEMBER 20, 2011
PAGE 3 OF 7
The checks should be made out to Friends of Apache Junction, and
put on the check "centennial" so that they know what it is for.
Most of the centennial celebrations will be over with by then as
the actual centennial is February 14 . Ours will be last so
people might come.
Councilmember Serdy stated the posters are going up for the
Festival of the Superstitions . There are 3 major events now:
Lost Dutchman Days in the spring, the Fourth of July in summer
and the Festival of Lights in the winter. We do not really have
anything in the fall. This will get better and better with all
of their participation. They would like to make this a
quarterly event . He requested everyone look for what they can
do to participate.
Councilmember Smithson announced two of his grandsons are here
to work on their merit badges for the boy scouts . His son
brought them to the meeting.
Councilmember Smithson announced the county planning and zoning
commission last week had a public hearing on the comprehensive
plan change concerning Superstition Vistas. Two years ago the
county adopted a preliminary plan for the 275 square miles. The
commission voted 6-1 to recommend that the board of supervisors
not adopt it because of the mountains having a designation of 0
to 1 dwelling units per acre, which is contrary to state law,
and they also had from the area south of the mountains to the
area north of US 60 as the same designation. The proposed
change asked that the mountain portion indicate 1 unit per acre
but with a striping indicating that the hope was that to have
that be open space, rather than say it is open space which is
not legal under state law. The area south of that down to US 60
had been designated 0 to 1 . The State Land Trust had suggested
it be changed to 1 to 3. 5 dwelling units per acre. The planning
commission expressed dissatisfaction with the idea that the
density was being increased over the earlier plan that had been
adopted and recommended it not be adopted. It will now go
before the board of supervisors. He will be surprised if the
board of supervisors follows through with it. He suspects there
will be a comprehensive plan change. He will be at the board of
supervisors meeting to make his own personal recommendation. He
will not be representing the city council. He will be speaking
on a few of the issues that he is concerned about.
REGULAR MEETING OF THE CITY COUNCIL
SEPTEMBER 20, 2011
PAGE 4 OF 7
Mayor Insalaco stated he was at a dedication for the Van Horn
family last Wednesday for Habitat for Humanity. It is for a
working mother of 4 going to college. It was nice seeing this
young family have a new home.
Mayor Insalaco stated last Friday, September 16, was National
POW MIA Day with meetings throughout the country. He had the
honor of being the Master of Ceremonies for the East Valley. It
was held in Apache Junction with 17 POWs from Arizona attending,
from World War II up through the Viet Nam war. He got to meet 7
of them, 3 from World War II, 3 from the Korean War, and 1 from
Viet Nam. It was quite moving. He thought it was just a local
thing. They had a photographer there from Washington, D.C. from
the national association. He asked why he was there and was
told Arizona is one of the few states that does it this big.
CITY MANAGER' S REPORT
City Manager George Hoffman commented on Ulysses Velasco, a
former city intern from Arizona State University, the parks and
recreation awards, various staff members serving on local and
state level boards and commissions, and the recent homicides
that occurred in the city and thanked the investigators and
other agencies that worked together to make the arrests.
PUBLIC HEARINGS
None.
OLD BUSINESS
AN.
None.
NEW BUSINESS
None.
COUNCIL DIRECTION TO STAFF
None.
SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
REGULAR MEETING OF THE CITY COUNCIL
SEPTEMBER 20, 2011
PAGE 5 OF 7
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, 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.
Councilmember Coleman
SECONDED THE MOTION.
VOTE: Unanimous.
The motion carried.
CALL TO THE PUBLIC:
None .
ADJOURNMENT
Mayor Insalaco adjourned
the meeting at 7 : 27 p.m.
Consent Agenda Items are as follows:
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.
4 . Proposed Resolution No. 11-45, authorizing the City to enter
into a Service Agreement with Pinal County for rehabilitation
services .
5. Proposed Resolution No. 11-43, authorizing the City to enter
into an agreement for Safe Routes to School Cycle 5 funding.
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) .
REGULAR MEETING OF THE CITY COUNCIL
SEPTEMBER 20, 2011
PAGE 6 OF 7
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.
8 . Consideration 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.
ACCEPTED THIS 4TH DAY OF OCTOBER, 2011, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS 4TH DAY OF OCTOBER, 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
20th day of September, 2011 . I further certify that the meeting
was duly called and held and that a quorum was present.
Dated this 27th day of September, 2011 .
-2 ,Z21-:
KATHLEEN CONNELLY
City Clerk
REGULAR MEETING OF THE CITY COUNCIL
SEPTEMBER 20, 2011
PAGE 7 OF 7
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Print
TO: City Manager's Office
FROM Shane Kiesow, Public Works Manager
DATE. October 4, 2011
Agenda Type : Regular Agenda
Council Priority Focus Area Community Infrastructure
TITLE OF AGENDA ITEM:
Consideration of entering into a contract with Sunland Asphalt for the street maintenance asphalt concrete overlay in the
Sierra Entrada subdivision in an amount not to exceed $251,815 93
ACTION REQUESTED:
Recommendation for Approval
DISCUSSION / BACKGROUND INFORMATION:
Staff requests consideration of entering into an agreement with Sunland Asphalt for the street maintenance asphalt concrete
overlay of the Sierra Entrada Subdivision as communicated in the Fiscal Year 2011-12 Street Maintenance Plan.
FISCAL IMPACT
Budgeted Expenditure
OPTIONS/ ALTERNATIVES:
"iECOMMENDATION:
Approval.
ATTACHMENTS:
Click to download
Ll Memo to Council
f3 Contract with Sunland Asphalt
pACH
ok P ti Public Works Department
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45444
Home of the Superstition Mountains
lHIZONA
DATE. September 21, 2011
TO Mayor and Members of the City Council
THRU: George Hoffman, City Manager
Giao Pham, Interim Public Works Director
FROM. Shane Kiesow, Public Works Manager
SUBJECT. Consideration of Contract with Sunland Asphalt
Staff would like City Council to give consideration for approval to allow the Mayor to enter into a
contract with Sunland Asphalt for the street maintenance asphalt concrete overlay within the
Sierra Entrada subdivision as denoted at the September 19th City Council work session The
work will be through TCPN cooperative contract#M0927 for$228,923 57 with a 10%
contingency of$22,892.36 for a total not to exceed the amount of$251,815.93. The Project is
planned to be performed by the end of October.
575 E Baseline Avenue, Apache Junction, AZ 85219
• Voice (480) 982-1055 • FAX (480)983-5752 or(480) 982-8005
CITY OF APACHE JUNCTION
AGREEMENT FOR MATERIALS AND LABOR
PROJECT: PW# 2011-13
"FY 2011-12 Overlay Project"
THIS AGREEMENT made and entered into by and between the CITY
OF APACHE JUNCTION ("City") , an Arizona municipal corporation,
and Sunland Asphalt, an Arizona corporation ("Contractor") ,
sometimes collectively referred to as the "Parties" .
RECITALS
A Contractor asserts its willingness, ability and
qualifications to provide the work and service called for
in TCPN Contract #M0927 and Contractor' s estimate dated
August 9, 2011 .
B. City and Contractor desire to set forth herein their
respective responsibilities and the manner and terms upon
which Contractor shall render such services.
C. City has complied with the public bidding requirements
under Arizona Revised Statutes Title 34 and Apache
Junction City Code Vol . I, Chapter 3, Administration,
Article 3-7, Procurement Procedures
AGREEMENT
NOW, THEREFORE, City retains Contractor to perform, and
Contractor agrees to render the services in accordance with the
terms and conditions set forth as follows :
1 . PROJECT DESCRIPTION: Contractor shall do and perform
or cause to be done and performed in a good workmanlike manner,
the work in accordance with and as more fully described in TCPN
Contract #M0927 and Contractor' s estimate dated August 9, 2011
including, but not limited to.
A. Perform a full depth pavement cross section repair to a
select area within the Sierra Entrada subdivision
a Mill out approximately 4, 050 square feet of existing
asphalt at a depth of 4"
b. Pave back approximately 4, 050 square feet with C-3/4
asphalt to an average finished depth of 4" after
compaction with a steel wheeled vibratory roller.
B. Install the Novachip wearing course system to
approximately 17, 733 square yards of roadway within the
Sierra Entrada subdivision
C. Provide traffic control for the duration of the
project
2 . PAYMENTS & COMPLETION. The contract sum shall be the
total amount payable by the City to the Contractor in the amount
1
not to exceed two hundred and twenty-eight thousand nine hundred
twenty-three dollars and fifty-seven cents ($228, 923 .57) for the
performance of the work under the contract documents except for
changes authorized by properly executed change orders . All
contracts will be operable for their full term at the rates
quoted in the initial bid proposal, unless otherwise extended in
writing by the City. Upon notice that the work is ready for final
inspection or acceptance, City representative shall promptly
cause to be made an inspection When City finds the work
acceptable under the contract documents, City shall promptly
submit for processing a certificate for payment stating that to /I►
the best of their knowledge, information and belief and on the
basis of its observation and inspection, the work has been
completed in accordance with the terms and conditions of the
contract documents and that partial payment or the entire balance
due the Contractor is payable. No final payment shall become due
until the Contractor submits to the all required lien waivers,
releases and any other data establishing payment or satisfaction
of all Contractor' s obligations. If any Subcontractor refuses to
furnish a release or waiver required by City, Contractor may
furnish a bond satisfactory to the owner to indemnify City
against any such lien If any such lien remains unsatisfied
after all payments are made, Contractor shall refund to City all
monies that the latter may be compelled to pay in discharging
such liens, including all costs and reasonable attorneys fees.
3 . CONTRACT TERM. Contractor hereby fixes the time for
completing the said work by June 30, 2012 This provision does
not limit the liability of the Contractor for actual damages
sustained by the City as a result of any breach of contract or
warranty by the Contractor. Extensions may be approved at times
as the Parties mutually deem fit
4. LABOR AND MATERIALS• Unless otherwise provided in the
contract documents, Contractor shall provide, pay and insure
under the requisite laws and regulations for all labor,
materials, equipment, tools and machinery, water, heat,
utilities, transportation, other facilities and services
necessary for the proper execution and completion of the work
whether temporary or permanent, and whether or not incorporated
or to be incorporated in the work.
5. INSPECTIONS AND QUALITY OF WORK• Contractor understands
and agrees that inspection of the work being performed hereunder
will occur by City. Contractor agrees that City will have the
exclusive right to determine, in its sole discretion, whether the
work has been performed in accordance with the Contract
Documents Contractor further agrees to make such corrections to
the work as may be directed by City to conform to said Contract
Documents without requirement of Change Order or any additional
charge or cost to City whatsoever
6. WARRANTY: Contractor shall guarantee the work against
defective workmanship or materials for a period of one year from
the date of its final acceptance under the contract; ordinary
wear and tear and unusual abuse or neglect excepted. Any
omission on the part of City to condemn defective work or
materials at the time of construction shall not be deemed an
2
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acceptance and Contractor will be required to correct defective
work or materials at any time before final acceptance Within
one year from the date of final acceptance due to faults in
workmanship or materials, the Contractor shall begin making the
necessary repairs to the satisfaction of City within fourteen
(14) calendar days of receipt of written notice from City. Such
work shall include the repair or replacement of other work or
materials damaged or affected by making the above repairs or
corrective work all at no additional cost to City. In the case
of work materials or equipment for which warranties are required
by the special provisions, Contractor shall provide or secure
from the appropriate sub-contractor or supplier such warranties
addressed to and in favor of City and deliver same to City prior
to final acceptance of the work. Delivery of such warranties
shall not relieve Contractor from any obligation assumed under
any other provision of the contract . The warranties and
guarantees provided in this subsection of the contract documents
shall be in addition to and not in limitation of any other
warrantees, guarantees or remedies required by law, and shall
survive the expiration of this Agreement for the time period
mentioned above.
7 . TAXES: Contractor shall pay all license, sales,
consumer, use and other similar taxes for the work or portions
thereof provided by Contractor which are legally enacted at the
time bids are received whether or not yet effective or
subsequently applicable due to acts of jurisdictions or bodies
other than City
8. PERMITS & FEES: Unless otherwise provided in the
contract documents, Contractor shall secure and pay for all
permits, governmental fees, licenses and inspections necessary
for the proper execution and completion of work which are
customarily secured after execution of the contract and which
are legally required. Contractor shall give all notices and
comply with all laws, ordinances, rules, regulations and lawful
orders of any public authority bearing on the performance of the
work Contractor understands that the activity described herein
constitutes "doing business in the City of Apache Junction" and
Contractor agrees to obtain a business tax license pursuant to
Article 8-5 of the Apache Junction City Code and keep such
license current during the term of this Agreement and after
termination of this Agreement any time work is performed pursuant
to the warranty provisions set forth in Section 6. Any activity
by subcontractors within the corporate city limits, will invoke
the same business tax regulations on any subcontractors, and
Contractor ensures its subcontractors will obtain any required
business tax license.
9. INDEPENDENT CONTRACTOR• Contractor shall at all times
during Contractor' s performance of the services retain
Contractor' s status as an independent Contractor. Contractor' s
employees shall under no circumstances be considered or held to
be employees or agents of City, and City shall have no obligation
to pay or withhold state or federal taxes, or provide workers
compensation or unemployment insurance for or on behalf of them
or Contractor. Contractor shall supervise and direct the
delivery of the materials using its best skill and attention.
3
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Except as provided in this Agreement, Contractor shall be solely
responsible for all construction means, methods, techniques,
sequences and procedures, and for coordinating all portions of
the work required by the contract documents Contractor shall be
responsible to City for the acts and omissions of its employees,
sub-contractors and their agents and employees and other persons
providing any of the materials under any contract document .
10 SUPERINTENDENT. Contractor shall employ a competent
project superintendent who shall be in attendance at the project
site during the progress of the work. The superintendent shall
represent and be the community agent of Contractor and
communications given to the superintendent shall be as binding as
if given to Contractor. Important communications shall be
confirmed in writing The designated superintendent shall be
designated for each project and communicated to the City before
work is performed
11. PROGRESS SCHEDULE. Contractor shall, immediately after
entering into this Agreement, generate an estimated progress
schedule Said progress schedule shall be maintained and updated
during the project . Work may progress during regular City
business hours only if it is determined by City not to disturb
normal operations
12 . INDEMNIFICATION• Contractor shall defend indemnify and
hold harmless City, its, agents, officers, officials and
employees, from and against tortious claims, damages, losses and
expenses (including but not limited to attorney fees, court costs
and the cost of appellate proceedings) , relating to, arising out
of, or alleged to have resulted from the acts, errors, mistakes,
omissions, work or services of Contractor, its agents, employees,
or any tier of Contractor' s subcontractor or any other person for
whose acts, errors, mistakes, omissions, work or services
Contractor may be legally liable. The amount and type of
insurance coverage requirements set forth herein will in no way
be construed as limiting the scope of the indemnity in this
paragraph.
13. SUBCONTRACTORS. All subcontractors chosen by
Contractor will be subject to City' s approval . All
subcontractors shall be identified by Contractor prior to award
of contract . Contractor shall make no substitutions for any
subcontractor, person or entity previously selected without the
approval of City.
14 GOVERNING LAW AND VENUE: The terms and conditions of
this Agreement shall be governed by and interpreted in accordance
with the laws of the State of Arizona Any action at law or in
equity brought by either party for the purpose of enforcing a
right or rights provided for in this Agreement, shall be tried in
a court of competent jurisdiction in Pinal County, State of
Arizona. The parties hereby waive all provisions of law
providing for a change of venue in such proceeding to any other
county. In the event either party shall bring suit to enforce
any terms of this Agreement or to recover any damages for and on
account of the breach of any term or condition in this Agreement,
it is mutually agreed that the prevailing party in such action
4
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ir.
shall recover all costs including reasonable attorney fees to be
determined by the court in such action
15 INSURANCE: Contractor, at its own expense, shall
purchase and maintain the herein stipulated minimum insurance
with companies duly licensed in the State of Arizona, possessing
a current A.M. Best, Inc. Rating of B++6, or approved unlicensed
in the State of Arizona with policies and forms satisfactory to
City
p•.
All insurance required herein shall be maintained in full force
and effect until all work or service required to be performed
under the terms of the Agreement is satisfactorily completed and
formally accepted, failure to do so may, at the sole discretion
of the City constitute a material breach of this Agreement .
Contractor' s insurance shall be primary insurance as respect to
City, and any insurance or self-insurance maintained by City
shall not contribute to it
Any failure to comply with the claim reporting provisions of the
insurance policies or any breach of an insurance policy warranty
shall not affect coverage afforded under the insurance policies
to protect City.
The insurance policies, except Workers Compensation, shall
contain waiver of transfer rights of recovery (subrogation)
against City, its agents, officers, officials and employees for
any claims arising out of Contractor' s acts, errors, mistakes,
omissions, work or services .
The insurance policies may provide coverage which contains
deductibles or self-insured retentions Such deductible and/or
self-insured retentions shall not be applicable with respect to
the coverage provided to City under such policies . Contractor
shall be solely responsible for the deductible and/or self-
insured retention and City, at its option, may require Contractor
'"` to secure payment of such deductibles or self-insured retentions
by a Surety Bond or an irrevocable and unconditional letter of
credit.
City reserves the right to request and to receive within ten (10)
working days, certified copies of any or all of the herein
required insurance policies and/or endorsements City shall not
be obligated, however, to review same or to advise Contractor of
any deficiencies in such policies and endorsements, and such
receipt shall not relieve Contractor from, or be deemed a waiver
of City' s right to insist on strict fulfillment of Contractor' s
obligations under this Agreement
The insurance policies, except Workers Compensation, required by
this Agreement, shall name City, its agent, officers, officials
and employees as additional insured parties .
REQUIRED COVERAGE
Commercial General Liability
5
Contractor shall maintain Commercial General Liability insurance
with a limit of not less than $1, 000, 000 for each occurrence with
a $2, 000, 000 Products/Completed Operations Aggregate and a
$2, 000, 000 General Aggregate Limit The pol
icy shall include
coverage for bodily injury, broad form 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 this Agreement which
coverage will be at least as broad as Insurance Service Office,
Inc. Policy Form CG 00011-93 or any replacement thereof.
Such policy shall contain a severability of interest provision,
and shall not contain a sunset provision or commutation clause,
nor any provision which would serve to limit third party action
over claims. The Commercial General Liability additional insured
endorsement shall be at least as broad as the Insurance Service
Office Inc. ' s Additional Insured, Form CG 20101185, and shall
include coverage for Contractor' s operations and products and
completed operations .
If required by this Agreement, if Contractor sublets any part of
the work, services or operations, Contractor shall purchase and
maintain, at all times during prosecution of the work, services
or operations under this Agreement, City and Contractor' s
Protective Liability insurance policy for bodily injury and
property damage, including death, which may arise in the
prosecution of the Contractor' s work, service or operations under
this Contract. Coverage shall be on an occurrence basis with a
limit not less than $1, 000, 000 per occurrence, and the policy
shall be issued by the same insurance company that issues
Contractor' s General Liability insurance.
Workers Compensation
Contractor shall carry Workers Compensation insurance to cover
obligations imposed by federal and state statutes having
jurisdiction of Contractor' s employees engaged in the performance
of the work or services; and Employer' s Liability insurance of eN
not less than $100, 000 for each accident, $100, 000 disease for
each employee, and $500, 000 disease policy limit .
In case any work is subcontracted, Contractor will require
subcontractor to provide Workers Compensation and Employer' s
Liability to at least the same extent as required of Contractor.
CERTIFICATE OF INSURANCE
Prior to commencing work or services under this Agreement,
Contractor shall furnish the City with Certificates of Insurance,
or formal endorsements as required by Agreement, issued by
Contractor' s insurer (s) , as evidence that policies providing the
required coverages, conditions and limits required by this
Agreement are in full force and effect.
In the event any insurance policies required by this Agreement
are written on a "claims made" basis, coverage shall extend for
two (2) years past completion and acceptance of the Contractor' s
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work or services and as evidenced by annual Certificates of
Insurance, to be filed with the City Clerk of City.
If a policy does expire during the life of the Agreement, a
renewal certificate must be sent to City thirty (30) days prior
to the expiration date All Certificates of Insurance shall be
identified with bid serial number and title.
Insurance required herein shall not expire, be canceled, or
materially changed without thirty (30) days prior written notice
ON to City.
16 CHANGE ORDERS. A change order is a written order to
Contractor, approved by the City representative, issued after
execution of the contract authorizing a change in the work or an
adjustment in the contract sum or the contract time. A change
order signed by Contractor indicates his agreement therewith
City may, without invalidating the contract, order changes in the
work within the general scope of the contract consisting of
additions, deletions or other revisions, the contract sum and the
contract being adjusted accordingly All such changes in the
work shall be authorized by change order and shall be performed
under the applicable conditions of the contract documents . The
City representative shall have authority to order minor changes
in the work not involving an adjustment in the contract sum or
extension of contract time and not inconsistent with the intent
of the contract documents . All such changes shall be
effected by written order and shall be binding upon City and
Contractor.
17. SUCCESSORS & ASSIGNS: City and Contractor each bind
themselves, their partners, successors, assigns and legal
representatives to the other party hereto and to the partners,
successors, assigns and legal representatives of such other party
in respect to all covenants, agreements and obligations contained
in the contract documents . Neither party to the contract shall
/"1 assign the contract or sublet it as a whole without the written
consent of the other, nor shall the Contractor assign any monies
due or to become due to or to become due to it without the
previous written consent of City.
18. WRITTEN NOTICE• Written notice shall be deemed to have
been duly served if delivered in person to the individual or
member of the firm or entity, or to an -office of the corporation
for whom it was intended or if delivered at or sent registered or
certified mail, return receipt requested, and first class postage
prepaid to the last business address known to them who gives the
notice
19. CLAIMS FOR DAMAGES: Should either party to the contract
suffer injury or damage to personal property because of any act
or omission of the other party or of their employees or agents
for whose acts they are legally liable, claims shall be made in
writing to such other parties within a reasonable time after the
first observance of such injury or damages
7
20. LABOR & MATERIAL PAYMENT BOND. City shall have the
right to require Contractor to furnish bonds covering the
faithful performance of the contract and the payment of all
obligations arising hereunder. Attached are standard bond forms
which must be completed by Contractor, and Contractor agrees to
conform to all provisions set forth in such forms.
21 SAFETY. Contractor and/or its subcontractors shall be
solely responsible for job safety at all times .
22. RIGHTS & REMEDIES: The duties and obligations imposed
by the contract documents and the rights and remedies available
hereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or
available by law No action or failure to act by City or
Contractor shall constitute a waiver of any right or duty
afforded any of them under the contract, nor shall any action or
failure to act constitute an approval of or an acquiescence to
any breaches hereunder except as may be specifically agreed to
in writing.
23 . TIME IS OF THE ESSENCE. Contractor shall carry the
work forward expeditiously. If Contractor is delayed at any time
in the progress of the work by any act or neglect of City or by
any employee of the City not specifically disclaimed herein, or
by change orders in the work or any labor disputes, dire and
unusual delay in transportation, adverse weather conditions
not reasonably anticipated, unavoidable casualties, or any causes
beyond the Contractor' s control or by delay caused by City or by
any other cause which City determines may justify the delay, the
contract time shall be extended by change order for such
reasonable time as City may determine. Any claim for delay or
extension of time shall be made to the City representative within
the same work day, otherwise said claim shall be waived by
Contractor. In the case of a continuing delay, only one claim is
necessary. Contractor shall provide an estimate of the probable
effect of such delay on the progress of work. This section
does not exclude the recovery of damages for delay by either
party under the provisions of the contract documents.
24 TERMINATION BY CONTRACTOR. Contractor may terminate
this Agreement if City has not paid any undisputed amount due
after forty-five (45) days of not being paid such sums after
being notified by City Contractor shall provide Notice of
Termination to city fifteen (15) working days before such
termination takes effect by certified U.S Mail
25. TERMINATION BY CITY: City shall be permitted to
terminate this Agreement if in the discretion of the Public Works
Director or his or her designee, believes Contractor has failed
to meet the terms of this Agreement. City shall provide Notice
of Termination to Contractor fifteen (15) working days before
such termination takes effect by Certified U S Mail .
26 RECORDS- Records of Contractor' s labor, payroll and
other costs pertaining to this Agreement shall be kept on a
generally recognized accounting basis and made available to City
for inspection on request . Contractor shall maintain records for
8
a period of at least two (2) years after termination of this
Agreement, and shall make such records available during that
retention period for examination or audit by City personnel
during regular business hours
27. AMENDMENT: It is mutually understood and agreed that
no alteration or variation of the terms and conditions of this
Agreement shall be valid unless made in writing and signed by the
Parties hereto, and that oral understandings or agreements not
incorporated herein shall not be binding on the parties. The
representatives of the Parties (signatory for Contractor noted
below or his or her designee, and the City Manager, or his or her
designee) shall be authorized to execute future amendments or
extensions of this Agreement.
28. SEVERABILITY• If any part, term or provisions of this
Agreement shall be held illegal, unenforceable or in conflict
with any law, the validity of the remaining portions and
provisions hereof shall not be affected
29. CONFLICT OF INTEREST• The provisions of A.R S § 38-
511 relating to cancellation of contracts due to conflicts of
interest shall apply to this contract .
30 COMPLIANCE WITH FEDERAL AND STATE LAWS• The
Contractor understands and acknowledges the applicability to it
of the American with Disabilities Act, the Immigration Reform and
Control Act of 1986 and the Drug Free Workplace Act of 1989,the
Arizona Public Records Act, the Conflicts of Interest law, and
federal and state environmental laws. The following is only
applicable to construction contracts . The Contractor must also
comply with A.R.S. § 34-301, "Employment of Aliens on Public
Works Prohibited", and A R S. § 34-302, as amended, "Residence
Requirements for Employees"
Under the provisions of A.R S. § 41-4401, Contractor hereby
warrants to the City that the Contractor and each of its
subcontractors ("Subcontractors") will comply with, and are
contractually obligated to comply with, all Federal immigration
laws and regulations that relate to their employees and A.R.S. §
23-214 (A) (hereinafter "Contractor Immigration Warranty")
A breach of the Contractor Immigration Warranty shall constitute
a material breach of this Contract and shall subject the
Contractor to penalties up to and including termination of this
Contract at the sole discretion of the City.
The City retains the legal right to inspect the papers of any
Contractor or Subcontractor' s employee who works on this Contract
to ensure that the Contractor or Subcontractor is complying with
the Contractor Immigration Warranty. Contractor agrees to assist
the City in regard to any such inspections .
The City may, at its sole discretion, conduct random verification
of the employment records of the Contractor and any of
Subcontractors to ensure compliance with Contractor' s Immigration
Warranty. Contractor agrees to assist the City in regard to any
random verifications performed.
9
Neither the Contractor nor any of Subcontractors shall be deemed
to have materially breached the Contractor Immigration Warranty
if the Contractor or Subcontractor establishes that it has
complied with the employment verification provisions prescribed
by sections 274A and 274B of the Federal Immigration and
Nationality Act and the E-Verify requirements prescribed by
A R.S § 23-214, Subsection A.
The provisions of this Article must be included in any contract
the Contractor enters into with any and all of its Subcontractors
who provide services under this Contract or any subcontract.
"Services" are defined as furnishing labor, time or effort in the
State of Arizona by a contractor or subcontractor. Services
include construction or maintenance of any structure, building or
transportation facility or improvement to real property
IN WITNESS WHEREOF the parties hereto have caused this
Agreement to be signed by their duly authorized representative as
of this day of , 2011
Contractor-
By-
Title.
CITY OF APACHE JUNCTION
an Arizona municipal corporation
By: John S . Insalaco
Title. Mayor
ATTEST:
Kathleen Connelly
City Clerk
APPROVED AS TO FORM.
10
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Richard J Stern
City Attorney
CERTIFICATE OF INSURANCE
CITY OF APACHE JUNCTION
PROJECT. PW# 2011-13
The certifies that the
following insurance policies have been issued on behalf of.
NAME OF INSURED:
ADDRESS OF INSURED:
Type of Policy Effect . Expire Limits
of
Insurance Number Date Date
Liability
1 Workman's $100, 000 Each Accident;
Compensation $100, 000 Each Disease,
$500, 000 Disease Policy
Limit
2 . Commercial $1, 000,000 Each
General Occurrence, $2, 000,000
Liability Products/Completed
Operations Aggregate;
$2, 000, 000 General
Aggregate Limit
3 . Contractual $1, 000,000 Each
Bodily Injury & Occurrence
Property Damage
Automobile $1, 000,000 Each
Bodily Injury & Occurrence
Property Damage
It is further agreed that these policies shall not expire, be canceled
or changed until all work has been completed and the project has been
accepted by the City of Apache Junction If a policy does expire
during the life of the contract, a renewal Certificate of the required
coverage must be sent to the City of Apache Junction not less than
thirty (30) calendar days prior to expiration date This Certificate
is not valid unless countersigned by an authorized representative of
the Insurance Company The Certificate of Insurance must also provide
that the City, its officers, employees and agents are additional
insured parties.
Date: Countersigned by
Title
SUBSCRIBED AND SWORN TO before me this day of 2011
11
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by as Insurer.
Notary Public My Commission Expires:
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Home of the Supel:i'tdtzon Mountains
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Print
TO: City Manager's Office
FROM: Giao Pham, P.E., Interim Public Works Director
DATE: October 4, 2011
Agenda Type : Regular Agenda
Council Priority Focus Area: Community Development
TITLE OF AGENDA ITEM:
Consideration of approval of Resolution No. 11-46 authorizing the City to adopt the Pinal County Multi-Jurisdictional Hazard
Mitigation Plan 2010 as an official plan for the City
ACTION REQUESTED:
Recommendation for Approval
DISCUSSION/ BACKGROUND INFORMATION:
Staff respectfully requests council consideration and approval of Resolution No. 11-46 authorizing the city to adopt the Pinal
County Multi-Jurisdictional Hazard Mitigation Plan 2010 as an official plan for the city. The Plan recommends several
actions/projects that will provide mitigation for specific natural and human caused hazards that impact the citizen's of Apache
Junction.
FISCAL IMPACT:
OPTIONS/ALTERNATIVES:
RECOMMENDATION:
Approval
ATTACHMENTS:
Click to download
U Memo to Council
E] Resolution No. 11-46
p4ACNF�
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Home of the Superstition Mountains
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MEMORANDUM
Date. September 1, 2011
To. Mayor and Members of City Council
Through George Hoffman, City Manager
From: Giao Pham, Interim Public Works Director
Subject. Adoption of Pinal County Multi-Jurisdictional Hazard Mitigation Plan 2010
The Pinal County Officials and City staff coordinated to prepare Pinal County Multi-Jurisdictional
Hazard Mitigation Plan 2010
The Plan shall be implemented, monitored and maintained by the staff designated in the Plan
for a period five (5) years with the full support of this resolution.
Future revisions and Plan maintenance actions required by the Disaster Mitigation Act of 2000
and FEMA, are hereby adopted as a part of this resolution for a period of five (5)years from the
date of this resolution.
The Public Works Department is requesting City Council to adopt the Pinal County Multi-
Jurisdictional Hazard Mitigation Plan 2010 as an Official Plan of the City of Apache Junction.
An annual report on the progress of the implementation elements of the Plan shall be presented
to the Mayor and City Council by October 31 st of each calendar year.
575 E Baseline Avenue, Apache Junction, AZ 85119
• Voice (480)982-1055 • FAX (480)983-5752 or(480)982-8005
OMIN Amu..
RESOLUTION NO. 11-46
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ADOPT THE
PINAL COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN
2010 AS AN OFFICIAL PLAN FOR THE CITY OF APACHE JUNCTION.
^ WHEREAS, the City of Apache Junction has historically
experienced severe damage from natural and human-caused
hazards such as flooding, wildfire, drought,
thunderstorms/high winds, and hazardous material incidents
on many occasions resulting in loss of property and life,
economic hardship, and threats to public health and safety;
and
WHEREAS, the Pinal County Multi-Jurisdictional Hazard
Mitigation Plan 2010 (the Plan) has been developed after
more than one year of research and work by the City of
Apache Junction in association and cooperation with the
Pinal County Multi-Jurisdictional Planning Team for the
reduction of hazard risk to the community; and
WHEREAS, the Plan specifically addresses hazard mitigation
strategies and plan maintenance procedures for the City of
Apache Junction; and
WHEREAS, the Plan recommends several hazard mitigation
actions/projects that will provide mitigation for specific
natural and human caused hazards that impact the City of
Apache Junction, with the effect of protecting people and
property from loss associated with those hazards
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City
Council of the City of Apache Junction that.
1 . The Plan is hereby adopted as an official plan of the
City of Apache Junction.
2 . The Plan shall be implemented, monitored and maintained
by the officials/staff designated in the Plan for a
period of five (5) years with the full support of this
resolution.
RESOLUTION NO. 11-46
PAGE 1 OF 2
Aft. oink
3 Future revisions and Plan maintenance actions required by
the Disaster Mitigation Act of 2000 and FEMA, are hereby
adopted as a part of this resolution for a period of five
(5) years from the date of this resolution.
4 . An annual report on the progress of the implementation
elements of the Plan shall be presented to the Mayor and
City Council by October 31st of each calendar year
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF
, 2011 .
SIGNED AND ATTESTED TO THIS DAY OF ,
2011 .
JOHN S . INSALACO
Mayor
ATTEST.
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM.
RICHARD J. STERN
City Attorney
RESOLUTION NO 11-46
PAGE 2 OF 2
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Print
TO: City Manager's Office
FROM: Roger S. Hacker, Revenue Resources Manager
DATE: October 4, 2011
Agenda Type : Regular Agenda
Council Priority Focus Area: Revenue Development
TITLE OF AGENDA ITEM:
Consideration of Resolution No. 11-47 authorizing the City to enter into an Intergovernmental Agreement with the Fort
McDowell Yavapai Nation for the use of Proposition 202 funds.
ACTION REQUESTED:
Recommendation for Approval
DISCUSSION / BACKGROUND INFORMATION:
The city was awarded a$2,000 grant from the Nation for the installation of public art along Old West Highway between Idaho
Road and Phelps Drive/North Apache Trail.
Resolution No 11-47 would approve the Intergovernmental Agreement necessary to accept the grant funds.
FISCAL IMPACT:
Budgetary Approval Not Required
OPTIONS/ALTERNATIVES:
Policy Discussion (list specific options/alternatives)
RECOMMENDATION:
Council could.
1. Adopt the resolution.
2. Not adopt the resolution.
3. Request additional information before voting on the resolution
Staff respectfully requests that the City Council adopt Resolution No 11-47
ATTACHMENTS:
Click to download
❑ Staff Report
❑ Resolution No. 11-47
❑ Proposed IGA
0 Protect Map
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9Af Opp Department of Public Safety
MEMORANDUM
DATE: September 21, 2011
TO: The Honorable Mayor and City Council
THROUGH: George Hoffman, City Manager
Brad Steinke, Director of Development Services
FROM: Roger S. Hacker, Revenue Resources Manager
SUBJECT: Fort Mc Dowell Yavapai Nation Proposition 202 Grant For Fiscal
Year 2011-2012
REQUEST
Staff respectfully requests that the City Council adopt Resolution No. 11-47 authorizing
the approval of an Intergovernmental Agreement ("IGA") between the City of Apache
Junction ("City") and Fort Mc Dowell Yavapai Nation ("Nation") for the acceptance of a
Proposition 202 (i.e. Shared Revenue Program) grant for Fiscal Year 2011-2012.
A $2,000 grant was awarded by the Nation for the installation of public art along Old
West Highway between Idaho Road and Phelps Drive/North Apache Trail.
Resolution No 11-47 is contained as Attachment 1. The IGA is contained as
Attachment 2.
BACKGROUND
Fort Mc Dowell Yavapai Nation Grant Program
In November 2002, the voters of Arizona approved Proposition 202 which initiated new
gaming compacts between the State of Arizona and the Native American tribes An
important provision of Proposition 202 was the sharing of gaming revenues with the
State Henceforth, tribes would be assessed by the State a percentage of their gross
gaming revenue. Tribes had the option of either paying all of this assessment into a
State managed fund or to pay 88% of the assessment into the State managed fund and
retain 12% of the assessment for distribution as grants.
The Fort Mc Dowell Yavapai Nation exercised its option to retain and administer 12% of
State shared revenue. Known as the Fort Mc Dowell Yavapai Nation State Shared
Revenue Program, the Program makes "Distributions to cities, towns, or counties for
Page 1of2
government services that benefit the general public, including public safety, mitigation of
the impacts of gaming, or promotion of commerce and economic development "
The Nation's funding priorities include 1) public safety (police, fire, EMS), 2) tourism;
and 3) economic development
Applications for the 2011-2012 grant cycle were due on May 1, 2011
City of Apache Junction
The City submitted a grant request for $9,273 for the installation of three (3) pieces of
public art along Old West Highway between Idaho Road and Phelps Drive/North
Apache Trail The application was consistent with recommendations contained in the
Downtown Redevelopment Implementation Strategy
In August 2011, the City was notified that the Nation had provided partial ($2,000)
funding for the project.
DISCUSSION
The grant funds are not enough to complete the project It is anticipated that funds
budgeted for downtown projects will be used to supplement the grant funds from the
Nation.
The grant funds are not enough to install three pieces of art City staff will explain in
grant reports to the Nation that its funds were used to install the first piece of public art
It is anticipated that the first piece of art will be installed at the far east end of the
median Project map is included as Attachment 3
ACTION REQUIRED
Adoption of Resolution No 11-47
Attachment 1. Resolution No 11-47
Attachment 2 Intergovernmental Agreement
Attachment 3 Project Map
Page 2 of 2
Attachment 1
RESOLUTION NO. 11-47
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 PROPOSITION 202 GRANT .
WHEREAS, the City of Apache Junction, Arizona ("City") , and
the Fort McDowell Yavapai Nation ("Nation") desire to enter
into an Intergovernmental Agreement ("IGA") allowing City to
accept and complete a Proposition 202 grant which includes the
installation of public art along the Old West Highway ; 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 Proposition 202
Intergovernmental Agreement and the Mayor is hereby
authorized to sign the attached IGA 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 11-47
PAGE 1 OF 2
Adak Auk
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
RESOLUTION NO. 11-47
PAGE 2 OF 2
ill ink
Attachment 2
Intergovernmental Agreement
Between
The City of Apache Junction and The Fort McDowell Yavapai Nation
To
Provide Funds for Promoting Public Programs
In the City of Apache Junction
And
Surrounding Communities
Pursuant To A Tribal Revenue Sharing Agreement
Authorized By
Section 12 Payment of Regulatory Costs; Tribal Contributions
Fort McDowell Yavapai Nation and State of Arizona �.
Gaming Compact 2002,
And
A.R.S.§5-601.02
Fort McDowell,Arizona
Adli
Intergovernmental Agreement
Between
The City of Apache Junction and The Fort McDowell Yavapai Nation to
Provide Funds for Promoting Tourism and other Public Programs
in the City of Apache Junction and Surrounding Communities
This Intergovernmental Agreement(this"Agreement")is entered into by and between the City of Apache
Junction, an Arizona municipal corporation (the "City") and the Fort McDowell Yavapai Nation (the
"Nation"), a Federally-Recognized Indian Tribe, pursuant to Section 12 Payment of Regulatory Costs,
Tribal Contributions("Section 12") of the Fort McDowell Yavapat Nation and State of Arizona Gaming
Compact 2002(the"Compact")and A.R.S. § 5-601.02
Recitals
A The City and Nation may enter into an agreement with one another for the distribution of 12%of the
Nation's annual contribution under Section 12(b)(1)of the Compact to cities, towns,or counties that
benefit the general public or promote commerce and economic development and pursuant to A R S §
5-601.02.
B. The Nation is authorized by Section 13(A)(15) of Article V, Legislative Branch, of the Constitution
of the Fort McDowell Yavapai Nation to consult, negotiate, contract and conclude and perform
agreements with Federal, state, local governments and Indian tribes, as well as any person,
association,partnership,corporation,government or other private entity.
C. The City is authorized by A.R.S. §§ 5-601 02 and 11-952 to enter into agreements with Indian Tribes
for the purpose of accepting distributions to cities, towns or counties for governmental services that
benefit the general public, including public safety, mitigation of Impacts of gaming, or promotion of
commerce and economic development.
D The City and Nation desire to enter into this Agreement to provide funds for the purpose of promoting
tourism and other public programs in the State of Arizona and specifically the City of Apache
Junction and surrounding communities, as designated by the Nation, hereinafter referred to as the
"Designated Entity," as more particularly described in Exhibit A attached hereto and incorporated
herein by reference.
E The City and Nation desire to enter into this Agreement to define the terms and conditions of the
Nations' funding of the Designated Entity
F. The total cost of the Designated Project(s)is$2000.00
G The $2000.00 (Two Thousand Dollars) is hereby made available for the Designated Entity from
revenue generated by the Nation's Gaming Enterprise also known as the Fort McDowell Casino
H The Nation intends to provide $2000 00(the"Funds"),which represents a portion of its contribution
pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the Compact and
A.R.S. § 5-601.02.
1
Agreement
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the
covenants and promises set forth below,the Nation and the City,hereby mutually agree as follows:
1 Designated Entity The Designated Entity(s) is the City or a non-profit entity within the City of
Apache Junction which operates for the public benefit in the City of Apache Junction and surrounding
areas,as identified in the attached Exhibit A.
2. Disbursement of Funds. After receipt of the Funds from the Nation,the City shall send a payment
to such recipient(s) in the amount of the payment received from the Nation as expeditiously as
possible.
3. Consideration and Reliance. The Nation expressly acknowledges that the City's promise to accept
and disburse to the Recipient all Funds received by the City pursuant to this Agreement is full and
adequate consideration and shall render this promise to provide funding irrevocable, and this
Agreement shall constitute a binding obligation of the Nation under applicable law
4. Limited Duties of City The Nation further expressly agrees that, except as specifically set forth in
this Agreement, the City has no duties under or related to this Agreement other than to receive the
Funds and deliver same to the Recipient, selection of recipient and determination as to the amount of
funding are solely at the discretion of the Nation The Parties agree that there are no third-party
beneficiaries to this Agreement.Our duty is to conduct the projects we proposed.
5 Financing;Verification of Payment.
A. Nation Deposit The Nation shall deposit with the City the amount of$2000.00 within thirty(30)
days of the Effective Date of this Agreement to be disbursed by the City according to the
Designated Project amounts in Exhibit A.
B. Verification of Payment. At the request of the Nation, the City shall provide a verification of
payment to the recipient for the purpose requested. The City's responsibility is limited to
disbursement to each Designated Entity and the City has no further duty with regard to third
party,provided that the disbursement is complete
6. Inspection and Audit To ensure compliance with the City's limited duties herein,the Nation may
inspect any and all records maintained by the City with respect to the Project upon seven (7) days
prior, written notice to the City. This Section 6 shall survive termination,cancellation,or revocation,
whether whole or m part, of this Agreement for a period of one (1) year following the date of such
termination,cancellation,or revocation.
7 Report. The City of Apache agrees to provide the Nation with a written report containing use of
dollar amounts, and describing the purposes or Designated Project(s), to which the funds were put.
This report should be prepared and sent to the Nation.
8 Term and Termination of Agreement
A Effective Date This Agreement shall be effective on the date it is signed by the Nation's
authorized representative
2
B. Term This Agreement shall commence upon the Effective Date and shall terminate when the
funds have been received by the City and disbursed to the Designated Entity(s)
C. Termination. The Nation may terminate this Agreement with or without cause at any time prior
to providing payment to the City, provided that such notice shall be in writing and delivered to
the parties'designated representatives,as set forth in the Notice section.
�•. 9. Indemnification.
A. Indemnification. Each party shall indemnify, defend, and hold harmless the other party, its
governing body, officers, departments, employees and agents from and against any and all suits,
actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties,
damages, liability, interest, attorney's, consultant's, and account's fees or costs and expenses of
whatsoever kind and nature,resulting from or arising out of the negligence or willful misconduct
of the indemnifying party, its employees or agents m performing the duties set forth in this
Agreement
B No Liability for Other Party's Debts and Obligations Neither party shall be liable for any debts,
accounts, obligations, nor other liabilities whatsoever of the other, including and without
limitation the other party's obligation to withhold employment and income taxes for itself or any
of its employees.
C. Severability. This Section 8 shall survive termination, cancellation,or revocation,whether whole
or in part, of this Agreement for a period of one (1) year from the date of such termination,
cancellation or revocation unless a timely claim is filed under A R S § 12-821.01, in which case
this Section 8 shall remain in effect for each claim and/or lawsuit filed thereafter,but in no event
shall this Section 8 survive more than five(5)years from the date of termination, cancellation or
revocation of this Agreement.
10. Interpretation of Agreement.
A Entire Agreement. This Agreement constitutes the entire agreement between the parties
pertaining to the subject matter contained herein, and all prior or contemporaneous agreements
�• and understandings,oral or written,are hereby superseded and merged herein.
B. Amendment. This Agreement shall not be modified, amended, altered, or changed except by
written agreement signed by both parties.
C Construction and Interpretation All provisions of this Agreement shall be construed to be
consistent with the intention of the parties as expressed in the recitals contained herein
D. Relationship of the Parties. Neither party shall be deemed to be an employee or agent of the
other party to this Agreement.
E. Days. Days shall mean calendar days.
F. Severability. In the event that any provision of this Agreement or the application thereof is
declared invalid or void by statute or judicial decision, such action shall have no effect on other
provisions and their application which can be given effect without the invalid or void provision or
application, and to this extent the provisions of the Agreement are severable In the event that
3
any provision of this Agreement is declared invalid or void, the parties agree to meet promptly
upon'request of the other party in an attemptto reach an agreement on a substitute provision.
11 Waiver Waiver or delay in enforcement by either party of any breach of a term, covenant, or
condition contained herein shall not be deemed a waiver of any other term, covenant,or condition, or
any subsequent breach of the same or any other term,covenant,or condition contained herein.
12. Notification. Any notice, communication, or modification shall be given in writing and shall be
given by registered or certified mail or in person to the following individuals The date of receipt of
such notices shall be the date the notice shall be deemed to have been given
For the Fort McDowell Yavapai Nation:
Dr.Clinton M.Pattea,President Thomas Moriarty,General Counsel
Fort McDowell Yavapai Nation Fort McDowell Yavapai Nation
P O Box 17779 P O Box 17779
Fountain Hills,AZ 85269 Fountain Hills,AZ 85269
For the City of Apache Junction.
George Hoffman, Joel Stern,
City Manager City Attorney
300 E. Superstition Boulevard 300 E.Superstition Boulevard
Apache Junction,AZ 85119 Apache Junction,AZ 85119
13 Assignment and Delegation. Neither party shall assign nor delegate any of its rights, interest,
obligations, covenants, or performance under this Agreement. Any termination shall not relieve
either party from liabilities or costs already incurred under this Agreement.
14 Non-Waiver of Sovereign Immunity. Nothing in this Agreement, Exhibit A or the Funding
Agreements shall be construed to waive the Sovereign Immunity of the Nation.
[SIGNATURES ON FOLLOWING PAGE]
4
IN WITNESS WHEREOF,The City of Apache Junction has caused this Intergovernmental Agreement to
be executed by the Mayor;upon resolution of the City Council and attested by the Clerk:of the City, and-
the Fort McDowell Yavapai Nation has caused this Intergovernmental Agreement to be executed by the
Nation's Tribal Council and attested to by its Clerk
This Agreement is effective upon signature of a duly appointed representative of the Fort McDowell
Yavapai Nation.
ATTEST. FORT MCDOWELL YAVAPAI NATION
‘11'irsi : 1/2/20
l+l�r
Pansy Thomas,Secr
Dr.Clu on M Pattea
Fort McDowell Yavapai Nation President,Tribal Council
Fort McDowell Yavapai Nation
9%//
Date
ATTEST: CITY OF APACHE JUNCTION 9,
Kathy Connelly,City Clerk John Insalaco,Mayor
City of Apache Junction City of Apache Junction
Date
5
The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the
, FORT MCDOWELL YAVAPAI NATION,and has determined that this Agreement is in proper form and
that execution hereof is within the powers and authority granted under the Constitution of the Fort
McDowell Yavapai Nation, Section 13(A)(15), Article V Legislative Branch, as adopted October 19,
1999 and approved by the U S Deputy Commissioner of Indian Affairs November 12, 1999 This
acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Fort
McDowell Yavapai Nation.
,/ l
Th mas Moriarty,General C nsel Date
Fort McDowell Yavapai Nat- n
In accordance with the requirements of A.R.S. § 11-952(D),the undersigned attorney acknowledges that
(i)he has reviewed the above Agreement on behalf of the CITY OF APACHE JUNCTION and(ii)as to
the City of Apache Junction only, has determined that this Agreement is in proper form and that
execution hereof is within the powers and authority granted under the laws of the State of Arizona.
9I /
Joel Stern,City Attorney, Date
City of Apache Junction
4
p
6
EXHIBIT A
DESIGNATED PROJECTS 2011-2012
Project(s) Purpose Award Contact
City of Apache Jct. Downtown. $2,000,00 Janine Solley
Public Art 480-474-5076
Amok lsolley@ajcity net
TOTAL $2,000.00
PpACHF ,G
(44
� �a City o.f Apache Junction
U ;1r ' z
Home of the .S upe;:c/itioil Mountains
4PizoN*
Print
TO: City Manager's Office
FROM: Dennis Dixon, Building Official
DATE: October 4, 2011
Agenda Type : Regular Agenda
Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities
TITLE OF AGENDA ITEM:
Consideration of Resolution No 11-44, authorizing the City of Apache Junction to enter into an intergovernmental agreement
with Arizona Department of Fire, Building and Life Safety Office of Manufactured Housing to enforce manufactured home
installation standards.
ACTION REQUESTED:
Recommendation for Approval
DISCUSSION / BACKGROUND INFORMATION:
Since 1988, the city and the State Office of Manufactured Housing (OMH) have had a legal relationship whereby the city
is empowered by OMH to enforce manufactured housing regulations. In 2006, the city and OMH entered into another
formal agreement, which now needs to be renewed for an additional five-year period.
Proposed Resolution No. 11-44 authorizes the City to enter into an Intergovernmental Agreement whereby the parties will
enforce OMH installation standards
FISCAL IMPACT:
Budgetary Approval Not Required
)PTIONS/ALTERNATIVES:
RECOMMENDATION:
Approval.
ATTACHMENTS:
Click to download
l] Resolution No. 1 1-44
D 2006 IGA with State OMH
D Cover Memo
.a. A .
P. ,
l n
U — City of Apache Junction
Development Services Department
MEMORANDUM
p
DATE: September 6, 2011
TO: City Council for the City of Apache Junction
THROUGH Bryant Powell, Assistant City Manager
FROM: Dennis Dixon C.B.O.,Building Official
SUBJECT: Agreement between Arizona Department of Fire, Building and Life
Safety, Office of Manufactured Housing and City of Apache Junction to
enforce installation standards.
Records indicate the City of Apache Junction and the Office of Manufactured Housing
have maintained an inter-governmental agreement since 1988. The agreement is renewed
on a five(5)year schedule
Under the agreement the City inspects manufactured home installations for conformity
with Office of Manufactured Housing guidelines. Since 2002 the City has inspected
twelve hundred and forty four(1244) manufactured homes installations. The current
installation fee is two hundred fifty dollars($250 00) The City Building Safety Division
keeps the fees.
The current agreement allows residents to deal directly with a local agency as opposed to
obtaining permits and inspections from the Office of Manufactured Housing located in
Phoenix.
The Office of Manufactured Housing requests we renew the agreement for five(5)more
years.
i. .•.
RESOLUTION NO 11-44
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 ARIZONA DEPARTMENT OF FIRE, BUILDING
AND LIFE SAFETY OFFICE OF MANUFACTURED HOUSING TO
ENFORCE MANUFACTURED HOME INSTALLATION STANDARDS .
WHEREAS, since 1988, the Arizona Department of Fire,
Building and Life Safety, Office of Manufactured Housing ("OMH")
and the City of Apache Junction, an Arizona municipal
corporation ("City") , have had a legal arrangement through an
Intergovernmental Agreement ("IGA") whereby the City is
authorized to enforce OMH manufactured home installation
standards, and
WHEREAS, on June 1, 2006, the City and OMH entered into
another IGA to allow City to continue enforcing OMH installation
standards in City' s corporate limits, which agreement was
approved by Council consent on July 18, 2006; and
WHEREAS, the 2006 agreement between the City and OMH
expired on June 1, 2011; and
WHEREAS, it is the desire of both parties to eliminate
unnecessary duplication of inspections regarding installation
standards within the City' s jurisdiction; and
WHEREAS, the parties have crafted a written agreement which
sets forth the conditions for continuing such arrangement, and
WHEREAS, pursuant to A.R.S . § 11-952 (A) , public entities
may enter into intergovernmental agreements with other
municipalities and governmental 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 attached IGA to
enforce installation standards, and the Mayor is hereby
authorized to sign the attached agreement on behalf of the
City.
RESOLUTION NO 11-44
PAGE 1 OF 2
2) The Building Official and his staff are authorized to
implement the terms and obligations 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
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
/�
RESOLUTION NO 11-44
PAGE 2 OF 2
is mik. Awl lb.
ATTACHMENT A
AGREEMENT BETWEEN
ARIZONA DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY
OFFICE OF MANUFACTURED HOUSING
AND
Amok City of Apache Junction
TO ENFORCE INSTALLATION STANDARDS
This AGREEMENT ("Agreement") is entered into this day
of , by and between the ARIZONA DEPARTMENT
OF FIRE, BUILDING AND LIFE SAFETY, OFFICE OF MANUFACTURED
HOUSING ("OMH") and the City of Apache Junction ("Agency")
WHEREAS, pursuant to A.R. S . § 41-2151 the purpose of OMH is
to maintain standards of quality and safety for manufactured
homes, factory-built buildings, mobile homes, and the
installation of the same
WHEREAS, A.R.S. § 41-2153 (B) (5) directs the Deputy
Director of OMH to enter into agreements with local enforcement
agencies to enforce the installation standards in their
respective jurisdictions consistent with the installation
standards of OMH; and
WHEREAS, it is the desire of both parties to eliminate
unnecessary duplication of inspections regarding installation
standards within the Agency' s jurisdiction;
NOW, THEREFORE, in consideration of the premises and mutual
promises and undertakings herein contained, and for other good
and valuable consideration, the parties agree as follows :
1 . Monitoring and Enforcement For the duration of this
Agreement, the Agency will
monitor and enforce the installation standards set forth in
A.R.S . § 41-2195 and A.A.C. R4-34-102 as they apply to
installation standards and accessory structures .
2 . Term. The term of this Agreement shall be for five (5)
years from the date of this
Agreement.
3. Standards of Performance. In exercising the authority
delegated hereunder the
_ ..p.
Agency shall perform to the same standards of performance that
the law imposes upon OMH in exercising the authority described
in section 1 hereof. In addition, the Agency shall not approve
any installation unless the installer affixes a State Insignia
of Approval as required by A.A C. R4-34-802 .A and pays to the
Agency the fee established by OMH pursuant to the authority by
A A C R4-34-501 and as permitted by A A.C. R4-34-506. ..^
4 . Monthly Reporting. The Agency in this Agreement shall
submit a Monthly IGA Report to OMH A copy of each closed mobile
home/HUD manufactured home or FBB permit shall be submitted with
the monthly report . The monthly report with copies of permits
shall be submitted by mail, fax, or email, on or before the 15th
of the following month. OMH will provide the monthly report
format which will require the following be collected and
documented
a. ARZ HUD label number (s) or FBB manufacturers
insignia number
b. Unit serial number
c Installation insignia or FBB plan approval number
d. Address of installation
e. Date of approved final installation inspection
5 . Fees Charged by the Agency. Permit fees charged by the
Agency shall be the same
as the Fee Schedule created by OMH pursuant to its authority
under A.R.S . § 41-2144 (4) and A.A.C. R4-34-501 and no more
than permitted by R4-34-801 (E) All fees collected by the
Agency shall be kept by the Agency as compensation for the
services performed by the Agency under this agreement. The oommak
Agency shall not be entitled to any other compensation for
services rendered by it under this Agreement.
6 . Termination. Either party may terminate this Agreement at
any time without cause by giving the other party thirty (30)
days written notice prior to the date of termination.
Additionally, OMH may terminate this Agreement immediately and
without notice, if OMH determines that the installation
standards required in the Agreement are not being maintained, or
that local fees are not consistent with the inspection fees
established by the Board of Manufactured Housing.
7 . Qualifications of Personnel. The personnel that perform
the functions delegated to the Agency in paragraph 1 hereof
shall each have no less than one year of experience as a
building code inspector or manufactured housing installation
inspector.
8 . Inspector Training. All Agency Inspectors performing under
this Agreement shall participate in required initial and/or
periodic training as set and coordinated by the State .
9. Duties of OMH. Should OMH require inspections of any
portion of the installation of mobile, manufactured homes,
accessory structures or factory built buildings not required by
the Rules referred to herein and not covered under this
Agreement, OMH shall be responsible for the inspections and
enforcement thereof.
10 . Notices All notices shall be mailed or delivered to the
party to receive such notice to the following address .
a. If intended for OMH to:
Department of Fire, Building and Life Safety
Office of Manufactured Housing
1110 West Washington, Suite #100
Phoenix, AZ 85007-2935
Attn: Debra Blake
Title: Deputy Director
Phone • (602) 364-1022
b. If intended for Agency, to:
City of Apache Junction
oink
300 East Superstition Blvd.
Apache Junction, AZ 85119
Attn. Dennis Dixon
Title • Building Official
Phone. 480-474-5084
11 . Interpretation and Amendments This Agreement contains the
entire agreement between the parties hereto. This Agreement
shall not be amended or modified in any manner, except by an
instrument in writing signed by the parties hereto.
12 . Headings . Headings are for convenience only and are not to
be construed as part of this Agreement .
13 Invalidity of a Term The parties agree that in the event
any term, covenant or conditions herein contained should be held
to be invalid or void, the invalidity of any such term, covenant
or condition shall in no way affect any other term, covenant or
condition of this Agreement.
14 . Dispute. In the event of any dispute between the parties
under this Agreement, the parties agree that they shall submit
the dispute to arbitration pursuant to A.R. S . §§ 12-133 (D) and
12-1518 .
15 . Inspection and Audit Pursuant to A.R. S . §§ 35-214 and 35-
215, all books, accounts, reports, files and other records
relating to this Agreement shall be subject at all reasonable
times to inspection and audit by the State of Arizona for five
(5) years after completion of this Agreement Such records
shall be produced at the Auditor General' s Office or such other
office as the parties hereto may mutually agree within a
reasonable time after request .
16 Conflict of Interest . The parties acknowledge that this
Agreement is subject to cancellation by the Governor of Arizona
pursuant to A.R.S . § 38-511, the provisions of which are
incorporated herein.
17 . Prohibition Against Discrimination. In the event that it
applies, the parties agree to comply with the Arizona Governor' s
Executive Order No 2009-09
18 Governing Law and Venue. This Agreement shall be governed
by and interpreted in accordance with the laws of the State of
Arizona The exclusive venue for any litigation, arbitration,
administrative hearing or the like concerning this Agreement or
any matter arising therefrom shall be in Maricopa County, State
of Arizona.
19 . Unavailability of Funding. Every payment or financial
obligation of the parties under this Agreement is conditioned
upon the availability of funds appropriated or allocated for the
payment of such obligation. If funds are not allocated and
available for the continuance of this Agreement, this Agreement
may be terminated by any party at the end of the period for
which funds are available No liability shall accrue to any
party in the event this provision is exercised, and neither the
Am. ignik
OMH or Agency shall be obligated or liable for any future
payments nor for any damages as a result of termination under
this paragraph.
IN WITNESS WHEREOF, the parties hereto agree to carry
out the terms of this Agreement and have executed this
Agreement the day, month and year first written above.
OFFICE OF MANUFACTURED HOUSING AGENCY:
Name. Name -
Debra Blake, Deputy Director , Mayor
Department of Fire, Building and Life Safety
Office of Manufactured Housing
ATTEST:
, City Clerk
APPROVED this day of
This Intergovernmental Agreement has been reviewed by the
undersigned attorney for the Agency who has determined that it
is in appropriate form and within the powers and authority
granted by law to the Agency designed herein.
p• BY.
, City Attorney
This Intergovernmental Agreement has been reviewed pursuant to
A.R.S. § 11-952 by the undersigned Assistant Attorney General,
who has determined that it is in the proper form and is within
the powers granted under the laws of the State of Arizona to
those Parties to the Agreement represented by the Attorney
General .
Dated this day of
BY:
Assistant Attorney General
( )
KR06 - 0764
A. G Contract No.•
(Manufactured Home)
AGREEMENT
BETWEEN
OFFICE OF MANUFACTURED HOUSING WITHIN THE
ARIZONA DEPARTMENT OF FIRE,BUILDING AND LIFE SAFETY
AND
City of Apache Junction
(To Enforce Installation Standards)
This AGREEMENT ("Agreement") is entered into this 1 S1 day of June, 2006, by and
between the OFFICE OF MANUFACTURED HOUSING WITHIN THE ARIZONA
DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY ("OMH") and the City of
Apache Junction("Agency").
WHEREAS,pursuant to A.R.S. §41-2151 the purpose of OMH is to maintain standards
of quality and safety for manufactured homes, factory-built buildings, mobile homes, and
installation of manufactured and mobile homes.
WHEREAS, A.R.S. § 41-2153.B.5 directs the Assistant Director of OMH to enter into
agreements with local enforcement agencies to enforce the installation standards in their
respective jurisdictions consistent with the installation standards of OMH;and
WHEREAS, it is the desire of both parties to eliminate unnecessary duplication of
inspections regarding installation standards within the Agency's jurisdiction;
IOW
NOW, THEREFORE, in consideration of the premises and mutual promises and
undertakings herein contained, and for other good and valuable consideration, the parties agree
as follows:
1. Monitoring and Enforcement. For the duration of this Agreement,the Agency will
monitor and enforce the installation standards set forth in A.R.S. § 41-2155 and A.A.C. R4-34-
706 as they apply to installation standards and accessory structures.
2. Term. The term of this Agreement shall be for five(5)years from the date of this
Agreement.
MH-1
•
•
.4.1116. Ink
•
3. Termination. Either party may terminate this Agreement at any time without cause by
giving the other party thirty (30) days' written notice pnor to the date of termination.
•
Additionally, OMH may terminate this Agreement immediately and without notice, if OMH
determmes that the installation standards required in the Agreement are not being maintained,or
that local fees are not consistent with the inspection fees established by the Board of
Manufactured Housing.
4 Standards of Performance. In exercising the authority delegated hereunder the
Agency shall perform to the same standards of performance that the law imposes upon OMH in
exercising the authonty described in section 1 hereof. In addition,the Agency shall not approve
any installation, except those done personally by the owner, unless the installer affixes a State
Insignia of Approval as required by A.A C. R4-34-802.A and pays to the Agency the fee
established in the fee schedule required by A.A.C.R4-34-501.
5. Fees Charged by the Agency. Permit fees charged by the Agency shall be the same
as the Fee Schedule of A.A C.R4-34-501 and R4-34-801. All fees collected by the Agency shall
be kept by the Agency as compensation for the services performed by the Agency under this
agreement. The Agency shall not be entitled to any other compensation for services rendered by
it under this Agreement.
6. Ownership Property Acquired by Fees. Any property that may be acquired by the
Agency with the fees received by the Agency under this Agreement shall be the property of the
Agency.
7. Qualifications of Personnel. The personnel that perform the functions delegated to
the Agency in paragraph 1 hereof shall each have no less than one year of expenence as a
building code inspector or manufactured housing installation inspector.
8 Duties of OMH. Should OMH require inspections of any portion of the installation
of mobile, manufactured homes or accessory structures not required by the Rules referred to
herein and not covered under this Agreement, OMH shall be responsible for the inspections and
enforcement thereof.
9. Notices. All notices shall be mailed or delivered to the party to receive such notice to
the following address.
a. If intended for OMR to:
Office of Manufactured Housing
Department of Building and Fire Safety
1110 West Washington, Suite#100
Phoenix,AZ 85007-2935
Attn: Larry Pointer.
Title: Assistant Director
Phone:(602)364-1003
MH-2
` )
b. If intended for Agency,to:
City of Apache Junction
300 East Superstition Blvd
Apache Junction AZ 85219
Attn: Dennis Dixon
Title: Building Official
Phone: 480-474-5090
10 Interpretation and Amendments. This Agreement contains the entire agreement
between the parties hereto. This Agreement shall not be amended or modified in any manner,
except by an instrument in writing signed by the parties hereto.
11. Headings. Headings are for convenience only and are not to be construed as part of
this Agreement.
12 Invalidity of a Term. The parties agree that in the event any term,covenant or
conditions herein contained should be held to be invalid or void,the invalidity of any such term,
covenant or condition shall in no way affect any other term, covenant or condition of this
Agreement.
13 Dispute. In the event of any dispute between the parties under this Agreement, the
parties agree that they shall submit the dispute to arbitration pursuant to A.R.S. §§ 12-133.D and
12-1518 et seq.
14 Inspection and Audit. Pursuant to A.R.S § 35-214, all books, accounts,reports, files
and other records relating to this Agreement shall be subject at all reasonable times to mspection
and audit by the State of Arizona for five (5) years after completion of this Agreement. Such
records shall be produced at the Auditor General's Office or such other office as the parties
hereto may mutually agree within a reasonable time after request.
15. Conflict of Interest. The parties acknowledge that this Agreement is subject to
cancellation by the Governor of Arizona pursuant to A.R.S. § 38-511, the provisions of which
are incorporated herein
16 Prohibition Against Discrimination. In the event that it applies,the parties agree to
comply with the Arizona Governor's Executive Order No. 99-4.
17. Governing Law and Venue This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Arizona. The exclusive venue for any litigation,
arbitration, administrative hearing or the like concerning this Agreement or any matter arising
therefrom shall be in Maricopa County, State of Arizona.
MH-3
(
•
i.
•
18. Unavailability of Funding. Every payment obligation of the State or OMH under this
Agreement is conditioned upon the availability of funds appropriated or allocated for the
payment of such obligation. If funds are not allocated and available for the continuance of this
Agreement,this Agreement may be terminated by the State or OMH at the end of the period for
which funds are available. No liability shall accrue to the State or OMH in the event this
'" provision is exercised, and neither the State nor OMH shall be obligated or liable for any future
payments nor for any damages as a result of termination under this paragraph.
IN WITNESS WHEREOF, the parties hereto agree to carry out the terms of this
Agreement and have executed this Agreement the day, month and year first written
above.
OFFICE OF MANUFACTURED HOUSING AGENCY:
9
Name: ; / or, • 44- ,
Name --i-
arry Pointer, • r'stant Director � � L:-�JG. V�''
Office of Manufactured Housing Print name
Arizona Department of Building and Fire Safety 14CE 01 .
This Intergovernmental Agreement has been reviewed by the undersigned attorney for the
Agency who has determined that it is in appropriate form and within the powers and authority
/'` granted by law to.the Agency designed herein.
APPROVED this 2(/' ay of �U 1J E ,25:56.
le cT S>iel elV
BY:Cig GerKgraeiter
Public Agency Legal Counsel
(REV4Y20/2006)
MH-4
K444:: .
448610
Terry Goddard Office of the Attorney General
Attorney General State of Arizona
INTERGOVERNMENTAL AGREEMENT DETERMINATION
KR06 - 0764
Attorney General Contract No. which is an Agreement between public agencies,
has been reviewed pursuant to A.R.S §11-952 by the undersigned Assistant Attorney General,who has determined
that it is in the proper form and is within the powers granted under the laws of the State of Arizona to those Parties
to the Agreement represented by the Attorney General.
This agreement does not include a reference to Governor's Executive Order#2005-30.
Dated this ZF3titDay of i t 5 , 20010
TERRY GODDARD
The Attorney General
c...__ Lam.
Assistant ttorney General
384680
1
f> KRO6 - 0764
A. G.Contract No
(Factory-Built Building)
AGREEMENT
BETWEEN
OFFICE OF MANUFACTURED HOUSING WITHIN THE
ARIZONA DEPARTMENT OF FIRE,BUILDING AND LIFE SAFETY
AND
City of Apache Junction
(To Enforce Installation Standards)
This AGREEMENT("Agreement")is entered into this ls`day of June,2006,by and between
the OFFICE OF MANUFACTURED HOUSING WITHIN THE
ARIZONA DEPARTMENT OF FIRE,BUILDING AND LIFE SAFETY("OMH")and the
City of Apache Junction("Agency")
WHEREAS,pursuant to A.R.S §41-2151 the purpose of OMH is to maintain standards
of quality and safety for manufactured homes, factory-built buildings, mobile homes, and
installation of manufactured and mobile homes.
WHEREAS, A.R S § 41-2153.B.5 directs the Assistant Director of OMH to enter mto
agreements with local enforcement agencies to enforce the installation standards in their
respective jurisdictions consistent with the installation standards of OMH; and
WHEREAS, it is the desire of both parties to eliminate unnecessary duplication of
inspections regarding installation standards within the Agency's jurisdiction,
NOW, THEREFORE, in consideration of the premises and mutual promises and
undertakings herein contained, and for other good and valuable consideration, the parties agree
as follows:
1. Monitoring and Enforcement. For the duration of this Agreement,the Agency will
monitor and enforce the installation standards set forth in A.R.S. § 41-2155 and A.A.C. R4-34-
706 as they apply to installation standards and accessory structures.
2. Term. The term of this Agreement shall be for five(5)years from the date of this
Agreement.
FBB- 1
l r �
A
3. Termination. Either party may terminate this Agreement at any time without cause by
giving the other party thirty (30) days' written notice prior to the date of termination.
Additionally, OMH may terminate this Agreement immediately and without notice, if OMH
determines that the installation standards required m the Agreement are not being mamtained, or
that local fees are not consistent with the inspection fees established by the Board of
Manufactured Housing.
4. Standards of Performance In exercising the authonty delegated hereunder the
Agency shall perform to the same standards of performance that the law imposes upon OMH in
exercising the authority described in section 1 hereof In addition,the Agency shall not approve
any installation, except those done personally by the owner, unless the installer affixes a State
Insignia of Approval as required by A.A.0 R4-34-802.A and pays to the Agency the fee
established in the fee schedule required by A.A C.R4-34-501.
5. Fees Charged by the Agency. Permit fees charged by the Agency shall be the same
as the Fee Schedule of A.A.C.R4-34-501 and R4-34-801 All fees collected by the Agency shall
be kept by the Agency as compensation for the services performed by the Agency under this
agreement. The Agency shall not be entitled to any other compensation for services rendered by
it under this Agreement.
6. Ownership Property Acquired by Fees. Any property that may be acquired by the
Agency with the fees received by the Agency under this Agreement shall be the property of the
Agency
7. Qualifications of Personnel. The personnel that perform the functions delegated to
the Agency m paragraph 1 hereof shall each have no less than one year of experience as a
building code inspector or manufactured housing installation inspector.
8. Duties of OMH. Should OMH require inspections of any portion of the installation
of mobile, manufactured homes or accessory structures not required by the Rules referred to
herein and not covered under this Agreement, OMH shall be responsible for the inspections and
enforcement thereof.
9. Notices. All notices shall be mailed or delivered to the party to receive such notice to
the following address.
a. If intended for OMH to:
Office of Manufactured Housing
Department of Building and Fire Safety
1110 West Washington,Suite#100
Phoenix,AZ 85007-2935
Attn: Larry Pointer
Title- Assistant Director
Phone-(602)364-1003
FBB-2
`) •
b. If intended for Agency,to:
City of Apache Junction
300 East Superstition Blvd
Apache Junction AZ 85219
Attn Dennis Dixon
Title. Building Official
Phone: 480-474-5090
10. Interpretation and Amendments. This Agreement contains the entire agreement
between the parties hereto. This Agreement shall not be amended or modified in any manner,
except by an instrument in writing signed by the parties hereto.
11. Headings. Headings are for convenience only and are not to be construed as part of
this Agreement
12 Invalidity of a Term. The parties agree that in the event any term,covenant or
conditions herein contained should be held to be invalid or void, the invalidity of any such term,
covenant or condition shall in no way affect any other term, covenant or condition of this
Agreement.
13 Dispute. In the event of any dispute between the parties under this Agreement,the
parties agree that they shall submit the dispute to arbitration pursuant to A.R.S §§ 12-133.D and
12-1518 et seq.
14 Inspection and Audit. Pursuant to A.R.S. § 35-214,all books,accounts,reports,files
and other records relating to this Agreement shall be subject at all reasonable times to inspection
and audit by the State of Arizona for five (5) years after completion of this Agreement. Such
records shall be produced at the Auditor General's Office or such other office as the parties
hereto may mutually agree within a reasonable time after request.
15 Conflict of Interest. The parties acknowledge that this Agreement is subject to
cancellation by the Governor of Arizona pursuant to A.R.S. § 38-511, the provisions of which
are incorporated herein.
16 Prohibition Against Discrimination. In the event that it applies,the parties agree to
comply with the Arizona Governor's Executive Order No. 99-4.
17 Governing Law and Venue This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Arizona. The exclusive venue for any litigation,
arbitration, administrative hearing or the like concerning this Agreement or any matter arising
therefrom shall be in Maricopa County, State of Arizona.
FBB-3
•
18.Unavailability of Funding. Every payment obligation of the State or OMH under this
Agreement is conditioned upon the availability of funds appropnated or allocated for the
payment of such obligation. If funds are not allocated and available for the continuance of this
Agreement,this Agreement may be terminated by the State or OMH at the end of the period for
which funds are available. No liability shall accrue to the State or OMH in the event this
provision is exercised, and neither the State nor OMH shall be obligated or liable for any future
payments nor for any damages as a result of termination under this paragraph.
IN WITNESS WHEREOF, the parties hereto agree to carry out the terms of this
Agreement and have executed this Agreement the day, month and year first written
above
OFFICE OF MANUFACTURED HOUSING AGENCY:
S&./0„. 6
Name. clot/!k Name. " y'
any Pointer,A istant Director �' , /
Office of Manufactured Housing Print name:% . �. . V/^
Arizona Department of Building and Fire Safety Oa_
This Intergovernmental Agreement has been reviewed by the undersigned attorney for the
Agency who has detemmned that it is in appropriate form and within the powers and authority
granted by law to the Agency designed herein
APPROVED this /p day of T()tJ E ,2006
BY: GIW Vie/
Public Agency Legal Counsel
(REV4/20/2006) •
FBB-4
Al Illi,
( -) )Lt- --iv r
v_- • t
w
Terry Goddard Office of the Attorney General
Attorney General State of Arizona
INTERGOVERNMENTAL AGREEMENT DETERMINATION
Attorney General Contract No.K R 0 6 - 0 7 6 4 which is an Agreement between public agencies,
has been reviewed pursuant to A.R.S.§11-952 by the undersigned Assistant Attorney General,who has determined
that it is in the proper form and is within the powers granted under the laws of the State of Anzona to those Parties
to the Agreement represented by the Attorney General.
pThis agreement does not include a reference to Governor's Executive Order#2005-30.
44"-
Dated this_ Day of Ji , 20 D 6
TERRY GODDARD
The Attorney General
c (.I'
Lsrr-L--w-• -
Assistant ttorney General
384680
ROLL CALL VOTE
NOTES
ITEM # \('Ul K) /i' 1 (MEETING OF
MOTION BY: r.) SECONDED BY: OIL 6
YES/ NO ABSTAINED
COUNCILMEMBER SMITHSON I//
COUNCILMEMBER BARKER 12
VICE MAYOR DIETZ l/
COUNCILMEMBER COLEMAN 1
COUNCILMEMBER SERDY
COUNCILMEMBER WILSON I
MAYOR INSALACO j,/
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
CONSENT AGENDA ITEMS NO. 1-6
I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND
THAT THE AWARD OF BID FOR PW 2011-13, FY 2011-12 OVERLAY PROJECT
MATERIALS AND LABOR IN THE SIERRA ENTRADA SUBDIVISION, BE AWARDED
TO SUNLAND ASPHALT THROUGH TCPN COOPERATIVE CONTRACT#M0927 IN
THE AMOUNT OF $228,928 57 WITH A 10% CONTINGENCY FOR UNFORESEEN
CHANGE ORDERS IN THE AMOUNT OF $22,892.36 FOR A TOTAL AMOUNT NOT TO
EXCEED $251,815 93; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO
SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY
ATTORNEY; AND
THAT RESOLUTION NO. 11-46, A RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO
ADOPT THE PINAL COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN
2010 AS AN OFFICIAL PLAN FOR THE CITY OF APACHE JUNCTION, BE APPROVED;
AND
THAT RESOLUTION NO. 11-47, 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
PROPOSITION 202 GRANT, BE APPROVED, AND
THAT RESOLUTION NO. 11-44, 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 ARIZONA DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY OFFICE OF
MANUFACTURED HOUSING TO ENFORCE MANUFACTURED HOME INSTALLATION
STANDARDS; BE APPROVED
4 ppACHEv,
° o.
y°= City ofcche Junction
Home qf the Superctrtioii Al ouiftai,z
4QIZON'
Print
TO: City Manager's Office
FROM: Jerald L. Monahan, Chief of Police
DATE: October 4,2011
Agenda Type : Regular Agenda
Council Priority Focus Area:
TITLE OF AGENDA ITEM:
PROCLAMATION DESIGNATING OCTOBER 2011 "DOMESTIC VIOLENCE AWARENESS MONTH".
ACTION REQUESTED:
DISCUSSION/ BACKGROUND INFORMATION:
Proclamation designating the month of October as "Domestic Violence Awareness Month"
FISCAL IMPACT:
OPTIONS/ALTERNATIVES:
RECOMMENDATION:
ATTACHMENTS:
Click to download
U Domestic Violence Proclamation
a
1 III' rottamatton
DOMESTIC VIOLENCE AWARENESS MONTH
OCTOBER 2011
Whereas, during their lifetime,an estimated I in 3 women will experience „,...,
domestic violence; and
Whereas, Arizona experienced 93 domestic violence related deaths in 2010,
including one such death in Apache Junction,and
Whereas, domestic violence in any community may exist as a hidden,silent,and
often unrecognized reality that is often not reported to authorities,
and
Whereas, there is a need to challenge the assumptions made about domestic
violence,become proactive in preventing domestic violence and hold
offenders accountable;and
Whereas, the City of Apache Junction,the Apache Junction Police Department,
the Community Alliance Against Family Abuse(CAAFA)and other
agencies,organizations and state coalitions across Arizona and the
nation are committed to preventing domestic violence by promoting
prevention awareness campaigns,educating the community and
advocating for victim's rights.
NOW,THEREFORE,I,John Insalaco,Mayor of the City of Apache Junction,
Arizona,do hereby proclaim October 2011 as
DOMESTIC VIOLENCE AWARENESS MONTH
in Apache Junction and urge all citizens to work together to prevent domestic
violence
Adak,
Signed and attested to this day of ,2011.
JOHN INSALACO
Mayor ATTEST:
KATHLEEN CONNELLY
City Clerk
q4HF .M
P � ✓Gyp
a CIO of Apache Junction
Home of the Superstition Mountains
4pizow*
Print
TO: City Manager's Office
FROM: George Hoffman, City Manager
DATE: October 4,2011
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
PUBLIC HEARING
1. For APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR
FRATERNAL ORDER OF EAGLES #3850 FOR OCTOBER 29, 2011
2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council?
3. Will the applicant or spokesperson please speak to the Council on this item?
4. Is there anyone from the public who wishes to speak on this item? (Are there any
"Request to Speak" forms?)
5. If not, this hearing is closed.
6. Is there any discussion?
7. Call for a motion.
8. Call for a second.
9. Roll call vote.
Pp ACHEG2
° � Ci 0 of tipache Junction
f--fore of`the Saiperc1 Lion Mountains
ornrtains
4Pizoto•
Print
TO: City Manager's Office
FROM: Kathy Connelly, City Clerk
DATE: October 4, 2011
Agenda Type : Regular Agenda
Council Priority Focus Area: Required by Federal Law or State Statute
TITLE OF AGENDA ITEM:
APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES#3850
LOCATED AT 2315 S COCONINO, APACHE JUNCTION
ACTION REQUESTED:
Recommendation for Approval
DISCUSSION/ BACKGROUND INFORMATION:
The Fraternal Order of Eagles#3850 is requesting a temporary extension of premises at 2315 S. Coconino for October 29,
2011 This public hearing is the next step in the application process. The council shall make a recommendation of approval
or denial to be forwarded to the Arizona Department of Liquor Licenses and Control
FISCAL IMPACT:
OPTIONS/ALTERNATIVES:
IECOMMENDATION:
ATTACHMENTS:
Click to download
❑ cover memo
Cl application
❑ applicant letter
❑ department memo
LI planning recommendation
D pd recommendation
D fire district recommendation
SEPTEMBER 22, 2011
MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS
THROUGH GEORGE R. HOFFMAN, CITY MANAGER
THROUGH KATHLEEN CONNELLY, CITY CLERK t>'.
FROM JAN MASON, DEPUTY CITY CLERK e "M
SUBJECT AGENDA ITEM FOR OCTOBER 4. 2011
APPLICATION FOR AN EXTENSION OF PREMISES FOR
FRATERNAL ORDER OF EAGLES #3850
An application for an extension of premises has been submitted by Mr William Kimball of
Fraternal Order of Eagles #3850 for October 29, 2011, at 2315 S Coconino. Apache
Junction
Correspondence has been received from the planning division, police department and fire
district, a copy of which is attached The next step in the procedure is for the City Council
to hold a public hearing on the application and make a recommendation for approval or
denial to be forwarded to the State Department of Liquor Licenses and Control
ARIZONA .. 'PARTMENT OF LIQUOR LICE. DES & CONTROL
800 W Washington 57"Floor 400 W Congress#521
Phoenix AZ 85007-2934 Tucson AZ 85701-1352
(602)542-5141 (520)628-8595
APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT
THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF LIQUOR
i] Permanent change of area of service—Give specific purpose of change
E.Temporary change for date(s)of(0 2 /
I
Licensee's Name C(l j//4
Last First ,ii c'dte
r �
Mailing Address ys5 `t, ` )
"
•
City State
ii
3 Business Name £c 1 7-a 3 5- U LICENSE#: / .f/1 I ' '
4 Business Address 2 7!jr of t 1} ✓ h /fZ_ 5. R
City COUNTY Stale Zia
'5 Business Phone ('_ 'C' ) 't Y `�' t £ / Residence Phone i
6 Do you understand Arizona Liquor Laws and Regulations? ',YES Q NO FAX.# )
7 Have you received approved Liquor Law Training? Q NO EYES When, ._
3 What security precautions will be taken to prevent liquor violations in the extended area"? Cl TiFie C r
lfr[ ll y 4(/3 c/-
0 Does this extension bring your premises within 300 feet of a church or school? Q YES ,aNO
10 IMPORTANT ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOl
PROPOSE TO ADD
``After completing sections 1-9,take this application toyour local Board of Supervisors,City Council or Designate
for their recommendation. This recommendation Is not binding on the Department of Liquor.
This change in premises is RECOMMENDED by the local Board of Supervisors, City Council or Designate
(Authorized Signature) (Title) (Agency)
Cy 1 'ln / , being first duly sworn upon oath. hereby depose swear and declare,
(Print full name?
under penalty of perjury that I am the APPLICANT making the foregoing application I have read this application and the content
and all statements are true, correct and comolete
f } 3
X/L ts County of'�'
{ fv .nRY PU6t UBSCF''BED trJ Y PRESS NCE AND SWORN TO before me this date
(Signature of Owner r i STATE Or ARIZONA
Ci wtnty Z f rY�u ti'_is do
Jy yr DENISE 41OULSON Day onth Year
My commission expires on '1.101,13
?Signature of NOTARY PUBLIC)
Investigation Recommendation❑Approval ❑Disapproval by Date
Director Signature required for Disapprovals....____ ....___�.. __.__ Date
THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER, DIRECTOR OR CHAIRPERSON OF THE
ORGANIZATION NAMED IN QUESTION#1
"_.8 I Ptil I/ t itt . /4 t I f+ =c// dec;are that I am an Oficer/DirectoriChairperson-a PCInIrg,i"),.
ar r't..i)name)
amc c a tt--51e..3 _.est't'ori 8 to SOO,y ,r Deaf,7j .e•'crc,.c.'ng v(gan zaticr;of a$p ,.ai Evert_!a.,;rt %elssee
X_, t f#(.6;s`2x f ri �c pi yl Pre t ' .i 1-/2 / i( � } ri(7e
Ue, Peb I r: c.lc e _.. •P7one�>
NOTARY PUeLiC
r�wwr. STHTE CF i12 iNt�of ,_...County of j
ra
Htna}CountyRi The foregoing lestrument was acknowledged before me this
DENISE MOULSON 1
My Commissuot Expires 03,'Otf13 t a-""--
3y irdl",fi "car
My Commission expires on
ate- -- S�gra Ni "P-IRS Ir
THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6
19 I declare that I am the APPLICANT filsng this application as
+Pint fuii name)
'fisted in Question 6 I have read the application and the contents and all statements are true correct and c 7-7
State of _ unty c{
X ...._..._ ...,_m..._.._..�.,._ T'e c''esc rg rst`urrent was ackr7Cowet;cec.c beFc th.�
iSignrure!
( ay Month Year
My commission expires or
p_th:a AR.'!
You must obtain local government approval City or County MUST recommend event and complete item #20
The local governing body may require additional applications to be completed and submitted 60 days
in advance of the event. Additional licensing fees may also be required before approval may be granted
LOCAL GOVERNING BODY APPROVAL SECTION
hereby ri...con-mend this special event appircaticn
-. '
.f'.. al' rz:c
FOR DLLC DEPARTMENT USE ONLY
Department Comment Section
Er^P Oyee: iDate)
❑ APPROVED U j DISAPPR-OVEb SY _ _
47 a- , a ,A..... 1 h.? (;)cR
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Cr- (tit' Q e ``/.fir'•
/ie (=.rcti ftfJt#
Home t,J't{re Sttpentition ;\loulttatiis
4RIZ0‘4
16.
September 12, 2011
Fraternal Order of Eagles Lost Dutchman #3850
Attn: William Kimball
P,O. Box 1785
Apache Junction, AZ 85117-1785
Dear Mr Kimball
Please be advised that your application for an Extension of Premises for the Fraternal
Order of Eagles Lost Dutchman #3850 for October 29, 2011 at the 2315 S Coconino has
been scheduled for a public hearing
The Apache Junction City Council will hold a public hearing on October 4, 2011, at 7 00
p m in the City Council Chambers, 300 E Superstition Blvd , Apache Junction, at which
time recommendation for approval or disapproval will be made to be forwarded to Arizona
Department of Liquor Licenses and Control. Your attendance is requested should council
have any questions on this application.
If you have any questions concerning this matter, please contact my office at (480)
982-8002
Sincerely,
)
Kathleen Connelly
City Clerk
•\uicc 1.1:i0)0$2 so02 • F \1 1480)982 7018•TOE)1480)981-0095 •ttwtt ajtit. no
'IN) I ,uper'unun Book%and .ApaLln,Juncuun AL 85210
Adak .4110k
imikk
SEPTEMBER 12, 2011
MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY
PLANNING DIVISION
APACHE JUNCTION FIRE DISTRICT
THROUGH KATHLEEN CONNELLY, CITY CLERK . -'
FROM, JAN MASON, DEPUTY CITY CLERK
SUBJECT' APPLICATION FOR AN EXTENSION OF PREMISES FOR
FRATERNAL ORDER OF EAGLES LOST DUTCHMAN
#3850
Mr William Kimball has submitted an application for a temporary extension of premises
for October 29, 2011 at the Fraternal Order of Eagles Lost Dutchman #3850, 2315 S
Coconino, Apache Junction.
Please conduct the necessary inspections and submit your recommendation be email by
Wednesday, September 21, in order for this item to be placed on the agenda for the City
Council meeting of October 4, 2011
Janet Mason
From: Rudy Esquivias
Sent: Tuesday, September 13,20119 46 AM
To Janet Mason, Dave Montgomery(dave.montgomery@ajfire erg); Brett Jackson
Cc. Brad Steinke
Subject- RE,extension of premises for Eagles in October
Jan
The Planning Division has no objections to this single event extension of premises The zoning is Cl 1/DD(tight Industry
and Warehouse Zone by Planned Development) It appears that the security issues will be addressed and there is
sufficient on-site parking to accommodate the attendees We note that the hours of the event were rot indicated If
there is going to be a band or loud music,particularly after sundown,the applicants should be cognizant not to disturb
the residents of the multi-family units a couple of hundred feet to the west
0egcct vla.s
Senior Planner/Zoning Administrator
City of Apache Junction
300 E Superstition Blvd
Apache Junction,AZ 85119
480-474 2645
resquivias@alcity net
SERVICE OVER AND ABOVE THE REST
(New Development Services office hours starting July 18,2011.7 am to 6 pm Monday through Thursday, closed
Fridays and holidays.)
From: Janet Mason
Sent: Monday, September 12, 2011 3.51 PM
To: Dave Montgomery(dave montgomery@iajfire.org); Brett Jackson; Rudy Esquivias
Subject: extension of premises for Eagles in October
The Eagles are requesting an extension or premises for October 29,2011 Please send your department
recommendation to me no later than Wednesday,September 21,2011 Thanks
Janet Mason
Deputy City Cork
City Of Apache Junction
300 E Superstition Blvd
Apace Junction,AZ 85119
480 474.506E
n'nason@aicitv.net
Service Over and Above the Rest
This message and the information within is intended for the recipient If you received this
email in error, please notify the sender and then delete the email Emails generated by council
members or City staff pertaining to City business are public records and are preserved
according to the City's records retention schedule To ensure compliance with the. Open
p �4
OLICE
Apache Junction Police Department
p
Interdepartmental Memo , 4 it
, �
i.. DATE 09-15-2011
TO. Captain Freeman
THROUGH Lieutenant Jackson
FROM Sergeant Freeman
SUBJECT Eagles Extension of Premises
I conducted the inspections on site for the premesis as requested The
documentation was properly completed and at this time I do not see any reason not
to move the request forward There should not be any noise issues or traffic or site
management issues The area is industrial surrounded by housing and should not
interfere or cause any grief to the local residents At this time I respectfully submit
that the event for October 29'r 2011 be considered and the request moved forward
to Council for their consideration
CFAI
144 y*� Apache Junction Fire District
42 z 565 North Idaho Road, Apache Junction, AZ 85119
pRourtY�, Mt• `�4r Phone (480) 982-4440, Fax (480) 982-0183 t ~
qF DIZIL www.ajfire.org
MEMORANDUM
TO Kathleen Connelly, City Clerk
City of Apache Junction
300 E. Superstition Blvd
Apache Jct.,AZ 85219
FROM: Dave Montgomery, Deputy Chief/Fire Marshal QM
DATE. October 7,2010
SUBJECT. Application For Temporary Extension of Premises
for the Fraternal Order of Eagles,Lost Dutchman Post#3850
The Apache Junction Fire District has reviewed the application documents for 2315 S. Coconino Drive, as
related to the special event to be held on October 29, 2011. As of our last fire and life safety inspection for this
business,no major violations were noted
We would recommend approval of these applications based,as always, on good practices for the general safety
of all patrons and employees during these special events.
Applicant shall ensure that all local fire and life safety codes and ordinances are adhered to for the duration of
the events.
Thank you for your notification on this matter.
raw
dpm
ATTN: Application
v ROLL CALL VOTE
,c \
NOTES
b/. .")) V
\101-1
ITEM # MEETING OF
64)
MOTION BYSECONDED BY:
YES NO ABSTAINED
COUNCILMEMBER COLEMAN
COUNCILMEMBER SMITHSON
COUNCILMEMBER SERDY
COUNCILMEMBER BARKER
COUNCILMEMBER WILSON
VICE MAYOR DIETZ
MAYOR INSALACO
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ITEM NO. 9
I MOVE THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES
FOR FRATERNAL ORDER OF EAGLES#3850 FOR OCTOBER 29, 2011, BE
RECOMMENDED FOR(APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT
OF LIQUOR LICENSES AND CONTROL.
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Print
TO: City Manager's Office
FROM: Kathy Connelly, City Clerk
DATE: October 4, 2011
Agenda Type : Regular Agenda
Council Priority Focus Area: Communication/Outreach
TITLE OF AGENDA ITEM:
ANNUAL BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS.
ACTION REQUESTED:
Recommendation for Approval
DISCUSSION / BACKGROUND INFORMATION:
The council interviewed new applicants and reappointees for the Board of Adjustment, Library Board, Parks and Recreation
Commission and Planning and Zoning Commission at the October 3 work session This item gives the council the opportunity
to fill these positions.
FISCAL IMPACT:
OPTIONS/ALTERNATIVES:
IECOMMENDATION:
ATTACHMENTS:
Click to download
la cover memo
SEPTEMBER 22, 2011
MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS
THROUGH GEORGE R HOFFMAN, CITY MANAGER
THROUGH KATHLEEN CONNELLY, CITY CLERK
FROM. JAN MASON, DEPUTY CITY CLERK
SUBJECT. AGENDA ITEM FOR OCTOBER 4, 2011
(BOARD & COMMISSION APPOINTMENTS &
REAPPOINTMENTS)
The council interviewed new applicants and reappointees for board and commission
appointments at the work session of October 3, 2011 Copies of talent bank applications
for current board and commission members wishing to be reappointed and new applicants
were given to council in an accompanying notebook Included in the notebook was an
updated version of the board and commission list showing current vacancies and term
expiration dates. You may choose to fill any or none of these vacancies from the pool of
applicants
Please contact me if you have need additional information
ROLL CALL VOTE
NOTES:
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D
ITEM # / MEETING OF
SECONDED641
MOTION BY BY
YES NO ABSTAINED
COUNCILMEMBER SERDY
VICE MAYOR DIETZ 1/
COUNCILMEMBER SMITHSON ✓
COUNCILMEMBER WILSON 1/
COUNCILMEMBER COLEMAN
COUNCILMEMBER BARKER
MAYOR INSALACO
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ROLL CALL VOTE
NOTES:
PA.
Ink
ITEM # MEETING OF
0 //
MOTION BY SECONDED BY:
YES NO ABSTAINED
COUNCILMEMBER BARKER
COUNCILMEMBER COLEMAN V
COUNCILMEMBER WILSON
COUNCILMEMBER SMITHSON
VICE MAYOR DIETZ i1
COUNCILMEMBER SERDY
MAYOR INSALACO
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ROLL CALL VOTE
NOTES•
al/ 1
rit9/1
/ 0////,
ITEM # I MEETING OF
MOTION BY: SECONDED BY:
YES NO ABSTAINED
VICE MAYOR DIETZ ✓
COUNCILMEMBER WILSON ✓
COUNCILMEMBER BARKER ✓
COUNCILMEMBER SERDY ✓
COUNCILMEMBER SMITHSON
COUNCILMEMBER COLEMAN ✓
MAYOR INSALACO ✓
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ROLL CALL VOTE
NOTES
COYPi/J/1j
t0/1(///
ITEM # 0 ji MEETING OF
MOTION BY: SECONDED BY:
/YES NO ABSTAINED
COUNCILMEMBER WILSON
COUNCILMEMBER SERDY
COUNCILMEMBER COLEMAN
VICE MAYOR DIETZ V
COUNCILMEMBER BARKER
COUNCILMEMBER SMITHSON �.
MAYOR INSALACO
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ROLL CALL VOTE
NOTES:
ITEM # MEETING OF
MOTION BY: SECONDED BY:
YES NO ABSTAINED
COUNCILMEMBER SMITHSON
COUNCILMEMBER BARKER
VICE MAYOR DIETZ
COUNCILMEMBER COLEMAN
COUNCILMEMBER SERDY
COUNCILMEMBER WILSON
MAYOR INSALACO
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ROLL CALL VOTE
NOTES:
ITEM # MEETING OF
MOTION BY: SECONDED BY:
YES NO ABSTAINED
COUNCILMEMBER COLEMAN
COUNCILMEMBER SMITHSON
COUNCILMEMBER SERDY
COUNCILMEMBER BARKER
COUNCILMEMBER WILSON
VICE MAYOR DIETZ
MAYOR INSALACO
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ROLL CALL VOTE
NOTES:
ITEM # MEETING OF
MOTION BY: SECONDED BY:
YES NO ABSTAINED
COUNCILMEMBER SERDY
VICE MAYOR DIETZ
COUNCILMEMBER SMITHSON
COUNCILMEMBER WILSON
COUNCILMEMBER COLEMAN
COUNCILMEMBER BARKER
MAYOR INSALACO
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ROLL CALL VOTE
NOTES:
ITEM # MEETING OF
MOTION BY SECONDED BY:
YES NO ABSTAINED
COUNCILMEMBER BARKER
COUNCILMEMBER COLEMAN
COUNCILMEMBER WILSON
COUNCILMEMBER SMITHSON
VICE MAYOR DIETZ
COUNCILMEMBER SERDY
MAYOR INSALACO
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ROLL CALL VOTE
NOTES:
ITEM # MEETING OF
MOTION BY: SECONDED BY
YES NO ABSTAINED
VICE MAYOR DIETZ
COUNCILMEMBER WILSON
COUNCILMEMBER BARKER
COUNCILMEMBER SERDY
COUNCILMEMBER SMITHSON
COUNCILMEMBER COLEMAN
MAYOR INSALACO
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ROLL CALL VOTE
NOTES
ITEM # MEETING OF
MOTION BY SECONDED BY:
YES NO ABSTAINED
COUNCILMEMBER WILSON
COUNCILMEMBER SERDY
COUNCILMEMBER COLEMAN
VICE MAYOR DIETZ
COUNCILMEMBER BARKER
COUNCILMEMBER SMITHSON
MAYOR INSALACO
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ITEM NO. 10
BOARD OF ADJUSTMENT (3 POSITIONS)
(motion for reappointment—one wishing to be reappointed)
I MOVE THAT BE REAPPOINTED TO THE BOARD OF
ADJUSTMENT FOR A TERM TO EXPIRE ON OCTOBER 31, 2014.
(motion for new appointment—two new appointees)
I MOVE THAT BE APPOINTED TO THE BOARD OF
ADJUSTMENT FOR A TERM(S) TO EXPIRE ON OCTOBER 31, 2014.
LIBRARY BOARD (2 POSITIONS)
(motion for reappointment—one wishing to be reappointed)
I MOVE THAT BE REAPPOINTED TO THE LIBRARY
BOARD FOR A TERM TO EXPIRE ON OCTOBER 31, 2014.
(motion for new appointment—one new appointee)
I MOVE THAT BE APPOINTED TO THE LIBRARY
BOARD FOR A TERM(S) TO EXPIRE ON OCTOBER 31, 2014.
PARKS AND RECREATION COMMISSION (2 POSITIONS)
(motion for reappointment—one wishing to be reappointed)
I MOVE THAT BE REAPPOINTED TO THE PARKS
AND RECREATION COMMISSION FORA TERM TO EXPIRE OCTOBER 31, 2014.
(motion for new appointment—one new appointee)
I MOVE THAT BE APPOINTED TO THE PARKS AND
RECREATION COMMISSION FOR A TERM(S) TO EXPIRE OCTOBER 31, 2014.
PLANNING AND ZONING COMMISSION (3 POSITIONS)
(motion for reappointment—three wishing to be reappointed)
I MOVE THAT BE REAPPOINTED TO THE PLANNING
AND ZONING COMMISSION FORA TERM(S) TO EXPIRE ON OCTOBER 31, 2014
(motion for new appointment—only if do not want current three reappointed)
I MOVE THAT BE APPOINTED TO THE PLANNING
AND ZONING COMMISSION FOR A TERM(S)TO EXPIRE ON OCTOBER 31, 2014.
ROLL CALL VOTE
NOTES: rkl
ITEM # t MEETING OF v
))
MOTION BY: SECONDED BY:
Y S NO ABSTAINED
COUNCILMEMBER COLEMAN
COUNCILMEMBER SMITHSON J
COUNCILMEMBER SERDY j
COUNCILMEMBER BARKER /
COUNCILMEMBER WILSON �`
VICE MAYOR DIETZ ✓
MAYOR INSALACO
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ITEM NO. 11
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 17, 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 18,
2011 IN THE CITY COUNCIL CONFERENCE ROOM
ADJOURNMENT:
I MOVE THAT THE MEETING BE ADJOURNED AT P.M.
ROLL CALL
lei ii CV/ //
WS: REG SPEC
CITY COUNCIL P / A P I A P / A
MAYOR INSALACO ✓
VICE MAYOR DIETZ
COUNCILMEMBER BARKER V i/
COUNCILMEMBER COLEMAN V
COUNCILMEMBER SERDY ✓/ t//
COUNCILMEMBER SMITHSON ✓/
COUNCILMEMBER WILSON V �/
TOTAL 7
CITY STAFF 10' + I
City Manager George Hoffman
Assistant City Manager Bryant /
Powell
�// /
City Clerk Kathleen Connelly
City Attorney Joel Stern i/ 1/
Public Safety Director Jerald
Monahan
Interim Public Works Director/
City Engineer Giao Pham
Parks & Recreation Director
Jeff Bell
Finance Director Donna
Meinerts
Development Svcs Director
Brad Steinke ,
Human Resources Director Liz
Riley
Economic Development
Director Steve Filipowicz
Assistant to the City Manager j
Matt Busby n ��
I ' G
OTHERS: /�� • q
7<"/
Date: i 0 Cit of A ache Junction Item \\
Request to Speak Form
t1r
Call to The Public
y
(One Form Per Item)
Please fill out completely and return to the City Clerk 1
prior to the conclusion of the City Manager's Report portion of the agenda.
Do you wish to speak before Council on this item? Yes No❑ Only If Necessary ❑
❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item.
isiAc
Name (Print) 5 A
Address City Zip Code
LA
Telephone
This information will be used by staff for follow-up, if necessary.
Speakers are requested to directly address their agenda item and address their comments to
the Mayor and City Council.
Please limit Call to the Public comments to no more than three minutes and five minutes for
Public Hearing items.
8/1 8/09
Date: /°/q//1 City of Apache Junction Item No.
Request to Speak Form or
Call to The Public ✓,
(One Form Per Item)
Please fill out completely and return to the City Clerk )
prior to the conclusion of the City Manager's Report portion of the agenda.
Do you wish to speak before Council on this item? YesX NOD Only If Necessary ❑
❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item.
Y o W 1
Name (Print)
gs-wg
Address City Zip Code
Telephone
This information will be used by staff for follow-up, if necessary.
Speakers are requested to directly address their agenda item and address their comments to
the Mayor and City Council.
Please limit Call to the Public comments to no more than three minutes and five minutes for
Public Hearing items.
8/18/09