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2011 11.01 City Council Regular Agenda
PLEASE FILL OUT A"REQUEST TO SPEAK" FORM IF YOU WISH TO ADDRESS THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING ITEM RCHE�G o Apache unctio n I Ioim= of the .Su, et ctttwwn Moiuitaiii. `1QtzO °' APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD 'O' APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA November 1, 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 October 18, 2011 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards, presentations from other organizations, proclamations issued by the mayor, and acknowledgement of distinguished guests and �..� visitors, and staff presentation of receipt of grant or donated funds are permitted at this time None F ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance,time and location G. CITY MANAGER'S REPORT The City Manager, members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City There shall however be no discussion at this time except for clarification inquiries 3 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 4 PROPOSED ORDINANCE NO. 1376; A CITY INITIATED TEXT AMENDMENT TO THE DEVELOPMENT FEE ORDINANCE (I E , CHAPTER 7 OF THE LAND DEVELOPMENT CODE). Public hearing and possible council action on proposed Ordinance No 1376 (i e , Case No AM-2-11),regarding amendments to the Development Fee Ordinance to remove the one (1)year deadline for replacement structure exemptions and to update the development fee rate schedule by removing the General Government fee in accordance with recent changes in state law 5 PROPOSED ORDINANCE NO 1378, CASE PZ-2-11, A CITY INITIATED REZONING TO APPLY THE DOWNTOWN OVERLAY ZONING DISTRICT CLASSIFICATION TO DOWNTOWN BUSINESS ZONED PROPERTIES Proposed Ordinance No 1378 is a city initiated rezoning to apply the Downtown Overlay Zoning District classification to business zoned properties within the Downtown area The Planning and Zoning Commission recommended Council approval of this rezoning at their September 27,2011, meeting 6 PROPOSED RESOLUTION NO. 11-48, A RECOMMENDATION TO THE ARIZONA INDEPENDENT REDISTRICTING COMMISSION WHEN MAKING FINAL DECISIONS ON BOUNDARIES THAT EFFECT THE CITY OF APACHE JUNCTION. t OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk None NEW BUSINESS. The Council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk 7. APPOINTMENT TO FILL A VACANCY ON THE BOARD OF ADJUSTMENT This item gives the council the opportunity to fill a remaining vacancy on the Board of Adjustment 8 CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT WITH EAST VALLEY ADULT RESOURCES, INC. IN THE AMOUNT OF$26,432 00 FOR THE RIDE CHOICE PROGRAM FOR FISCAL YEAR (FY)2011-2012 Council consideration of professional services agreement with East Valley Adult Resources, Inc will allow the city residents who are seniors over 60 years of age and adults over 18 years of age with disabilities to have a driver reimbursed on a per mile basis for providing transportation to medical appointments, errands, etc K COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters. 9. DISCUSSION AND CONSIDERATION OF TOWING SERVICES RFP NO. PD 2011-02 BID SUBMITTALS. At the October 17,2011 Work Session, police department staff updated the council on the status of the ongoing towing services procurement Staff discussed details of the received submittals and provided recommendations Staff respectfully requests the council's direction on how to conclude the process t- SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 10 SELECTION OF A DATE AND TIME FOR SCHEDULING OF THE TOUR AT WASTE MANAGEMENTS ECO CENTER IN SURPRISE, AZ. 11 EXECUTIVE SESSION AT 5.45 P.M. AND WORK SESSION AT 7 00 P.M FOR MONDAY, NOVEMBER 14,2011. 12. EXECUTIVE SESSION AT 5:45 P.M. FOR TUESDAY, NOVEMBER 15,2011 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 OCTOBER 18, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on October 18, 2011, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Coleman led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Dietz Councilmember Coleman Councilmember Serdy Councilmember Smithson (arrived 7 : 25 p.m. ) Councilmember Wilson (Councilmember Barker was absent. ) Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Acting Public Works Director Giao Pham Others Present : Captain Tom Kelly Business Advocate Janine Solley REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18, 2011 PAGE 1 OF 11 ACCEPTANCE OF CONSENT AGENDA ) Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE AWARD OF BID FOR FOUR FORD F-150S, TWO FORD ESCALADES, ONE FORD FUSION AND ONE FORD TAURUS BE AWARDED TO CHAPMAN FORD THROUGH STATE CONTRACT #ADOT11-004994 IN THE TOTAL AMOUNT OF $187, 699 . 84 WITH $141, 183. 44 COMING FROM THE GENERAL FUND AND $46, 516. 40 COMING FROM RICO. ,.� Councilmember Coleman SECONDED THE MOTION AND STATED HE THINKS HE MEANT TWO FORD ESCAPES RATHER THAN ESCALADES . Vice Mayor Dietz ACCEPTED THE AMENDMENT. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco read a proclamation designating October 23, 2011 through October 31, 2011 as "Red Ribbon Week" and presented it to Public Safety Director Jerald Monahan. Final County Supervisor Bryan Martyn gave a quarterly update on Final County activities, including the county prepayment, the neighborhood stabilization program, the Community Development Block Grant program, Mountain View Road, partnering on road construction, the county budget, the millage rate, the county complex and dry well issues, the trail system, redistricting, and the Lost Dutchman Marathon. (Councilmember Smithson arrived during the presentation on redistricting. ) ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced he will be giving a presentation in Final County at their second annual Emergency Preparedness REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18, 2011 PAGE 2 OF 11 Fair on October 28 at Central Arizona College Corporation Center regarding animal care in emergency situations . Councilmember Serdy announced the Boys and Girls club will be having a car wash at the Chamber of Commerce this weekend to raise money. Councilmember Serdy commented the Festival of the Superstitions is getting closer. It is the second weekend in November. Councilmember Smithson commented he just returned from the redistricting meeting in Chandler and spoke on the city' s behalf that they not be disenfranchised. He is not optimistic of their changing it for Apache Junction. He suggested people attend the other meetings . Councilmember Coleman announced the annual Getting Arizona Into Neighborhoods (G.A. I .N ) event was held on Saturday involving the police department and the parks and recreation department along with members of the council. CITY MANAGER' S REPORT City Manager George Hoffman commented on the annual Health and Wellness event and its sponsors; a night hike in the Superstitions with the police department, the Federal Bureau of Investigation Phoenix Office, and Superstition Search and Rescue; the downtown presentation given by Janine and Bryant last night being given at neighborhood meetings and outside organizations; and the police department taking possession of a surplus military vehicle for tactical operations . PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18, 2011 PAGE 3 OF 11 Ms. Cynthia Pierson addressed the council . Mayor Insalaco asked what the event is for. Ms. Cynthia Pierson stated it is an appreciation day for the fire department and police department . They will name an Elks fireman of the year and an Elks police officer of the year and give each of them an award. There is fundraising with this and each award winner will be able to donate the money to their favorite charities . They will have an old and new fire truck and the D.A.R. E. car. They want the people to go to the roped off area to look at the vehicles . Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Coleman MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR NOVEMBER 5, 2011, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ORDINANCE NO. 1377, ADDING TO ARTICLE 4-1 PARKS AND RECREATION FEE SCHEDULE, SECTION 4-1-1 (A) FACILITY AND EQUIPMENT RENTAL FEES, A NEW FEE ENTITLED "ELECTRONIC MESSAGING BOARD FEE" WITH THE EMERGENCY CLAUSE Business Advocate Janine Solley briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18, 2011 PAGE 4 OF 11 Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council. He did not know when the messaging board was approved but hoped it was done legally. He considered it a rezoning. He believes it is at the focal point. He asked what co-sponsored means. It makes him nervous that private entities or political names attached could be allowed as a co-sponsor and he does not think that should be allowed. A true nonprofit is fair, but political statements, private entities, private businesses co-sponsoring with the nonprofit would not be right. There should be a fee structure on the income of the organization as some could be excluded depending on the amount of income they bring in. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Coleman MOVED THAT ORDINANCE NO. 1377 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Coleman MOVED THAT ORDINANCE NO. 1377, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18, 2011 PAGE 5 OF 11 The motion carried. OLD BUSINESS None. NEW BUSINESS ANNUAL BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS Mayor Insalaco called for a motion on the Board of Adjustment. Vice Mayor Dietz MOVED THAT RALPH STINSON BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE ON OCTOBER 31, 2014 . Councilmember Coleman SECONDED THE MOTION VOTE: Unanimous . The motion carried. Mayor Insalaco called for a motion on the Construction Code Board of Appeals. Vice Mayor Dietz MOVED THAT JOHN FORD BE REAPPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE CONTRACTOR OTHER THAN A GENERAL CONTRACTOR CATEGORY FOR A TERM TO EXPIRE ON OCTOBER 31, 2013; AND THAT DELBERT TAPAHA BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE LAY PERSON CATEGORY FOR A TERM TO EXPIRE ON OCTOBER 31, 2013 . Councilmember Coleman SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18, 2011 PAGE 6 OF 11 Mayor Insalaco called for a motion on the Health and Human Services Commission. Vice Mayor Dietz MOVED THAT ANDREW WHITENECK AND CHRISTA RIZZI BE REAPPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR TERMS TO EXPIRE ON OCTOBER 31, 2014 . p Councilmember Coleman SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Mayor Insalaco called for a motion on the Industrial Development Authority. Vice Mayor Dietz MOVED THAT LUCIANO BUZZIN BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE ON OCTOBER 31, 2016. Councilmember Coleman SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Mayor Insalaco called for a motion on the Municipal Property Corporation. p Vice Mayor Dietz MOVED THAT MICHAEL WELLER BE REAPPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE OCTOBER 31, 2014 . Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18, 2011 PAGE 7 OF 11 Mayor Insalaco called for a motion to fill a vacancy on the Parks and Recreation Commission. Vice Mayor Dietz MOVED THAT ROBERT MAYO BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2012 . Councilmember Wilson SECONDED THE MOTION. ,..� VOTE: Unanimous . The motion carried. Councilmember Coleman suggested sending a letter out. In certain categories we had 5 or 6 names and none for others. They could send a letter out about the vacancies to those that applied that were not appointed. They might be able to fill some of the vacancies. Vice Mayor Dietz commented he is concerned about the Construction Code Board of Appeals . One of the appointees has to be a professional architect or an engineer and the other has to be a general contractor. Councilmember Coleman asked if that is in the city code. City Clerk Kathleen Connelly stated it is in the building code we adopted. Vice Mayor Dietz stated they +► filled the other two but these two they do not have anyone that is qualified Councilmember Coleman stated they do not necessarily have to be city residents. City Clerk Kathleen Connelly stated they do have to have a current license for that position. The last time that board met was at least 15 years ago. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18, 2011 PAGE 8 OF 11 City Attorney Joel Stern stated there were about two or three close calls in the last 14 years . Councilmember Wilson asked if the contractor would have to have a city business license. City Clerk Kathleen Connelly stated they do not have to have a city business license but they do have to have a current registrar of contractors license. Vice Mayor Dietz commented there are two vacancies on the Industrial Development Authority but no one else applied for it . And there was only one applicant for the Municipal Property Corporation. Those would be two that we did not have anyone to appoint. Mayor Insalaco closed the discussion with no further comments and moved on to the next item. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, OCTOBER 31, 2011, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; Ask AND THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. BE HELD ON TUESDAY, NOVEMBER 1, 2011, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Coleman SECONDED THE MOTION. VOTE: Unanimous The motion carried. CALL TO THE PUBLIC: REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18, 2011 PAGE 9 OF 11 Mr. Elliott Fisher, 547 E. Quail, addressed the council to request information on board and commission member applicants be available to the public and interviews be widely distributed, his thoughts on redistricting, and his concern that election problems need to be addressed and that there should be diversity on the council, boards and commissions . Councilmember Smithson commented that all of these positions were advertised, people submitted applications and resumes. Vice Mayor Dietz stated he does not know what more they can do other than to go out and hand pick people. Councilmember Serdy commented they cannot force people to apply. Councilmember Wilson commented they cannot force people to run for city council . ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 : 55 p.m. Consent Agenda Items are as follows: 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of October 4, 2011. 3 . Consideration of approval of the purchase and award of fleet vehicles for the Police Department through State contract #ADOT11-004994 ACCEPTED THIS 1ST DAY OF NOVEMBER, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 1ST DAY OF NOVEMBER, 2011 . JOHN S. INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18, 2011 PAGE 10 OF 11 IOW 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 18th day of October, 2011 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 25th day of October, 2011 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 18, 2011 PAGE 11 OF 11 ROLL CALL VOTE NOTES: Ut ITEM # , MEETINGk. , OF 11 r MOTION BY: SECONDED BY: L_APP YES NO ABSTAINED COUNCILMEMBER WILSON '1 COUNCILMEMBER SERDY / COUNCILMEMBER COLEMAN J VICE MAYOR DIETZ J/ COUNCILMEMBER BARKER ✓/ COUNCILMEMBER SMITHSON �/ MAYOR INSALACO �I UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEMS NO. 1-2 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED IsACHt Gy ° o City of pache Junction z' Home of the Supeniitiorl Mountains Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: November 1, 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 PROPOSED ORDINANCE NO. 1376,A CITY-INITIATED TEXT AMENDMENT TO THE DEVELOPMENT FEE ORDINANCE 2. Will DEVELOPMENT SERVICES DIRECTOR BRAD STEINKE 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. 0 amity oj. pache 'unction I Lome o f the Supeia tabor Al ountain.c •iiottV' Print TO. City Manager's Office FROM: Brad Steinke, Director of Developent Services DATE: November 1, 2011 genda Type : Regular Agenda Council Priority Focus Area Community Development TITLE OF AGENDA ITEM. PROPOSED ORDINANCE NO. 1376, A CITY INITIATED TEXT AMENDMENT TO THE DEVELOPMENT FEE ORDINANCE (I.E , CHAPTER 7 OF THE LAND DEVELOPMENT CODE) ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Public hearing and possible council action on proposed Ordinance No. 1376 (i.e , Case No AM-2-11), regarding amendments to the Development Fee Ordinance to remove the one (1) year deadline for replacement structure exemptions and to update the development fee rate schedule by removing the General Government fee in accordance with recent changes in state law FISCAL IMPACT: Budgetary Approval Not Required OPTIONS /ALTERNATIVES: City Code Requirement ECOMMENDATION. Recommend approval ATTACHMENTS. Click to download D cover memo D Proposed Ordinance(edited version) D Proposed Ordinance(clean version) r. Alm. PQ ACH Opplik �� �= Cityof Apache Junction p 4R1 0Np Development Services Department To• Mayor and City Council From. Brad Steinke, Director of Development Services Date: October 18, 2011 RE. Ordinance#1376. Text Amendment to Development Fee Ordinance(Chapter 7) Case AM-2-11 As the council may be aware,the State of Arizona recently approved substantial changes to their development fee statutes. As a result, the city will have to comprehensively amend and update our development fee ordinance and fee study by August 1, 2014, to be in compliance with new state law. We anticipate hiring a consultant next year to accomplish this work. There are, however, a few minor changes to our development fee ordinance that we would like to complete prior to the comprehensive ordinance update. Staff presented these proposed changes at the August 1, 2011, work session and is now ready to present the draft ordinance for public hearing and action. The proposed changes are explained as follows. Replacement Structure Exemption The current development fee ordinance provides conflicting language regarding assessment of fees for replacement structures. One section of the ordinance appears to exempt home replacements (regardless of time intervals), while another section provides an exemption only if a permit for replacement is filed within one year of structure removal. After talking with our development fee consultant and previously discussing the matter with council, staff has drafted an ordinance amendment to remove any timeline restriction as a condition of exemption In other words, a property owner would be exempt from paying development fees on a replacement structure, regardless of how long ago the original structure was removed, subject to the following: 1 The original structure must have been legally permitted. 2. If the replacement structure is larger than the original structure and/or accommodates a use with a higher development fee than the original structure, a prorated development fee for the additional size or different use will be assessed. Fee Schedule Change to Comply with State Law As of January 1, 2012, the new state law regarding development fees prohibits municipalities from collecting development fees for certain types of infrastructure and improvements. As a result, the city will no longer be able to collect development fees for General Government purposes. Accordingly, the fee schedule has been amended to remove these fees. The new development fee rate table is illustrated in Exhibit A. 1 STAFF RECOMMENDATION Staff recommends approval of Ordinance No. 1376 [Note: We've attached both the edited version and the clean version of the ordinance for your review] RECOMMENDED MOTION FOR ORDINANCE NO. 1376 I move that the City Council approve Ordinance No 1376, an ordinance amendment to update the Development Fee Ordinance 2 ORDINANCE NO. 1376 [EDITED VERSION] AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II, CHAPTER 7, DEVELOPMENT FEES, BY AMENDING SECTION 7-1-2 (b) (5) APPLICABILITY; SECTION 7-1- 5 (G) (1) CALCULATION OF DEVELOPMENT FEES BASED ON FEE SCHEDULE, AND APPENDIX 7-A DEVELOPMENT FEE SCHEDULE, REPEALING CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY WHEREAS, the City Council desires that the one-year deadline requirement to exempt replacement structures from development fees be removed; and WHEREAS, the development fee rate table needs to be adjusted to delete General Government fees from being collected after January 1, 2012, in accordance with A R S. §9-463.05, as recently amended NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS- SECTION I • IN GENERAL That certain specific provisions of the Apache Junction City Code, Volume II, Chapter 7, Development Fees, be and hereby are amended as follows • Section 7-1-2 (B) (5) shall be amended to read as follows- Aft, (5) The development fee provisions shall not apply to the following actions. (a) Placing on a lot or parcel in the city a temporary construction trailer or office, but only for the life of the building permit issued for the construction served by the trailer or office, (b) Expansion, upgrade, repair or replacement of a legally air existing residential dwelling unit on a lot or parcel with a legal, conforming, residential dwelling unit or structure; and ORDINANCE NO. 1376 PAGE 1 OF 4 AmiNk (c) Any development, including but not limited to the mere subdivision of land, installation of utilities, or the use of land for limited recreational, agricultural, filling or dredging purposes which, in the opinion of the Development Fee Administrator, will not result in a net increase of more than 1 one-way average daily trip. Section 7-1-5(G) (1) shall be amended to read as follows. (G) For an addition, or to remodel or replace existing structures, or for a change of use to an existing structure, the development fee to be paid shall be the difference, if any, between: (1) The fee, if any, that would be payable for existing development on the site or, in the case of demolition or removal of a structure, the previous development on the site. , provided that the demolition or removal has occurred within 1 year of the date of submittal of the application for which development fcc3 arc assessed, and (2) The fee, if any, that would be payable for the total development on the site after the new development. Appendix 7-A Development Fee Schedule, shall be amended to read as follows- See Exhibit A. SECTION II • REPEALING CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed SECTION III . PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof ORDINANCE NO. 1376 PAGE 2 OF 4 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 JOEL STERN City Attorney ^ ORDINANCE NO. 1376 PAGE 3 OF 4 Exhibit A Development Fee Update Revised: November , 2011 Parks and General Librar Recreation Police Government Roads TOTAL Residential PER HOUSING UNIT Single Family $721 $1,801 $294 $369 $6,323 $9.139$9-,508 Multifamily $622 $1,555 $254 $349 $4,440 $6,871 $7,1--90 Manufactured Home/RV Park $572 $1,429 $234 $2-9-4 $3,297 2$57.825 I Nonresidential PER SQUARE FOOT 820 Com/Shop Ctr 25,000 SF or less $2 40 $0:44 $18 22 $20.62 $20.76 820 Com/Shop Ctr 25,001-50,000 SF $2.08 $0-12 $15 83 $17.91 $4-8-03 820 Com/Shop Ctr 50,001-100,000 SF $1 74 $0:14 $13 22 $14.96 $4-5.$7 820 Com/Shop Ctr 100,001-200,000 SF $1 49 $0 09 $11 31 $12.80 $42-89 820 Com/Shop Ctr over 200,000 SF $1 27 $0-0-9 $9 61 $10,88 $4-0--97 710 Office/Inst 10,000 SF or less $0 88 $09 $7.36 $8.24 $8:43 710 Office/Inst 10,001-25,000 SF $0 71 $0448 $5 96 $6.67 $6-85 710 Office/Inst 25,001-50,000 SF $0.61 $0 17 $5 08 $5.69 $5-86 710 Office/Inst 50,001-100,000 SF $0 52 $046 $4 33 $4.85 $5.01 ' 720 Medical-Dental Office $1 40 $0-47 $11 74 $13.14 $43.34 610 Hospital $0 68 $0,14 $5 71 $6.39 $6-53 770 Business Park $0.50 $044 $4 14 $4.64 $4-7-8 110 Light Industrial $0 27 $00 $2 26 $2.53 $2.63 140 Manufacturing $0 15 $0:86 $1 24 $1.39 $A-7 150 Warehousing $0 19 $0.05 $1 61 $1.80 $4-8-5 Other Nonresidential 320 Lodging (per room) $218 $30 $1,829 $2,047 $2,077 565 Day Care (per student) $173 $7 $1,456 $1,629 $47636 620 Nursing Home (per bed) $92 $45 $770 $862 $877 ORDINANCE NO. 1376 PAGE 4 OF 4 ORDINANCE NO. 1376 [CLEAN VERSION] AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II, CHAPTER 7, DEVELOPMENT FEES, BY AMENDING SECTION 7-1-2 (b) (5) APPLICABILITY; SECTION 7-1- 5 (G) (1) CALCULATION OF DEVELOPMENT FEES BASED ON FEE SCHEDULE, AND APPENDIX 7-A DEVELOPMENT FEE SCHEDULE; REPEALING CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council desires that the one-year deadline requirement to exempt replacement structures from development fees be removed; and WHEREAS, the development fee rate table needs to be adjusted to delete General Government fees from being collected after January 1, 2012, in accordance with A R.S. §9-463.05, as recently amended. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS • SECTION I : IN GENERAL That certain specific provisions of the Apache Junction City Code, Volume II, Chapter 7, Development Fees, be and hereby are amended as follows - Section 7-1-2 (B) (5) shall be amended to read as follows• (5) The development fee provisions shall not apply to the following actions• (a) Placing on a lot or parcel in the city a temporary construction trailer or office, but only for the life of the building permit issued for the construction served by the trailer or office, (b) Expansion, upgrade, repair or replacement of a legally existing residential dwelling unit on a lot or parcel with a legal, conforming, residential dwelling unit or structure; and ORDINANCE NO 1376 PAGE 1 OF 4 (c) Any development, including but not limited to the mere subdivision of land, installation of utilities, or the use of land for limited recreational, agricultural, filling or dredging purposes which, in the opinion of the Development Fee Administrator, will not result in a net increase of more than 1 one-way average daily trip. Section 7-1-5 (G) (1) shall be amended to read as follows- (G) For an addition, or to remodel or replace existing structures, or for a change of use to an existing structure, the development fee to be paid shall be the difference, if any, between. (1) The fee, if any, that would be payable for existing development on the site or, in the case of demolition or removal of a structure, the previous development on the site, and (2) The fee, if any, that would be payable for the total development on the site after the new development. Appendix 7-A• Development Fee Schedule, shall be amended to read as follows: See Exhibit A. SECTION II . REPEALING CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III. PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. ORDINANCE NO. 1376 PAGE 2 OF 4 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 JOEL STERN City Attorney ORDINANCE NO. 1376 PAGE 3 OF 4 Exhibit A Development Fee Schedule (Revised: November 1, 2011) Parks and Librar Recreation Police Roads TOTAL Residential PER HOUSING UNIT Single Family $721 $1,801 $294 $6,323 $9,139 Multifamily $622 $1,555 $254 $4,440 $6,871 Manufactured Home/RV Park $572 $1,429 $234 $3,297 $5,532 Nonresidential PER SQUARE FOOT 820 Com/Shop Ctr 25,000 SF or less $2 40 $18 22 $20.62 820 Com/Shop Ctr 25,001-50,000 SF $2 08 $15.83 $17.91 820 Com/Shop Ctr 50,001-100,000 SF $1.74 $13 22 $14.96 820 Com/Shop Ctr 100,001-200,000 SF $1 49 $11 31 $12 80 820 Com/Shop Ctr over 200,000 SF $1 27 $9 61 $10.88 710 Office/Inst 10,000 SF or less $0.88 $7 36 $8.24 710 Office/Inst 10,001-25,000 SF $0 71 $5 96 $6.67 710 Office/Inst 25,001-50,000 SF $0 61 $5 08 $5.69 710 Office/Inst 50,001-100,000 SF $0 52 $4.33 $4 85 720 Medical-Dental Office $1 40 $11 74 $13.14 610 Hospital $0 68 $5 71 $6.39 770 Business Park $0 50 $4 14 $4 64 110 Light Industrial $0.27 $2 26 $2.53 140 Manufacturing $0.15 $1 24 $1.39 150 Warehousing $0 19 $1 61 $1 80 Other Nonresidential , 320 Lodging (per room) $218 $1,829 $2,047 565 Day Care (per student) $173 $1,456 $1,629 620 Nursing Home (per bed) _ $92 $770 $862 ORDINANCE NO. 1376 PAGE 4 OF 4 ROLL CALL VOTE NOTES: / t).1 11 , II ITEM # MEETING OF MOTION BY: SECONDED BY: �v \1 /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 4 A K'") r I A \\\\\\ ITEM # MEETING OF c _ fir, MOTION BY: SECONDED BY: �, YES NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER COLEMAN COUNCILMEMBER WILSON COUNCILMEMBER SMITHSON J 1 VICE MAYOR DIETZ COUNCILMEMBER SERDY Y _ MAYOR INSALACO UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL AAM • ITEM NO. 4 I MOVE THAT ORDINANCE NO 1376 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No. 1376 by title only Majority vote required) I MOVE THAT ORDINANCE NO. 1376, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED) I MOVE THAT ORDINANCE NO. 1376, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS• PUBLIC HEARING /'1 1. For PROPOSED ORDINANCE NO. 1378, CASE PZ-2-11,A CITY-INITIATED REZONING TO APPLY THE DOWNTOWN OVERLAY ZONING DISTRICT CLASSIFICATION TO DOWNTOWN BUSINESS ZONED PROPERTIES 2. Will DEVELOPMENT SERVICES DIRECTOR BRAD STEINKE 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 AC H J .•. �� 0 �_.,Z r' o f Apache Junction v z 1 Ho,le oy the .S apel:c tillo/7 Mountains 4.szol4P. Print TO: City Manager's Office FROM: Brad Steinke, Director of Development Services DATE November 1, 2011 genda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM• PROPOSED ORDINANCE NO 1378, CASE PZ-2-11, A CITY INITIATED REZONING TO APPLY THE DOWNTOWN OVERLAY ZONING DISTRICT CLASSIFICATION TO DOWNTOWN BUSINESS ZONED PROPERTIES. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Proposed Ordinance No. 1378 is a city initiated rezoning to apply the Downtown Overlay Zoning District classification to business zoned properties within the Downtown area. The Planning and Zoning Commission recommended Council approval of this rezoning at their September 27, 2011, meeting. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION. Recommend approval. ATTACHMENTS: Click to download L) Cover Memo U Proposed Ordinance .0., ....., ,. P eACH City of Apache Junction 4q, ow, Development Services Department To• Mayor and City Council From. Brad Steinke, Director of Development Services Date• October 17, 20l 1 RE. Ordinance No. 1378: Downtown Overlay Zoning District Map Amendment Now that the City Council has approved the Downtown Overlay Zoning District ("DOD") text amendment and the Downtown Design Guidelines, the Council is being asked to approve a blanket rezoning (Le, zoning map amendment) to apply the DOD to all downtown business zoned properties. On September 27th, the Planning and Zoning Commission held a public hearing and recommended approval of the DOD map amendment (i.e., Case PZ-2-11). The Council discussed this matter at their October 3rd work session and the matter is now before the Council for public hearing and action. This proposed zoning map amendment ("rezoning") will apply to downtown business zoned property generally bounded by Meridian Drive to the west, Winchester Road to the east, Superstition Boulevard to the north, and Broadway Avenue to the south (see attached rezoning area maps). This proposed rezoning would add the DOD designation to the existing zoning designation of the properties within the rezoning area. The purpose of the DOD is to provide flexible development regulations and design standards that facilitate development and redevelopment on vacant and underutilized land parcels, encourage mixed-use development, update downtown development design standards and promote safe pedestrian access and connectivity. A copy of the recently approved DOD regulations along with additional background information may be viewed at www ajctty net/downtownzoning. Staff Comment: The Planning and Zoning Commission unanimously recommended City Council approval of Ordinance No. 1378 at their September 27, 2011, meeting Recommended Motion: I move for approval of Ordinance No. 1378, a rezoning ordinance to add the Downtown Overlay Zoning District to all downtown business zoned properties Amok ORDINANCE NO. 1378 A CITY INITIATED ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ,.� ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATIONS OF DOWNTOWN BUSINESS ZONED PROPERTIES BY ADDING THE DOWNTOWN OVERLAY DISTRICT ("DOD") ZONING DESIGNATION TO THE PROPERTIES' EXISTING BASE ZONING IN ACCORDANCE WITH CASE PZ-2-11, REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, on August 31, 2011, the City conducted a public informational meeting for neighborhoods and stakeholders at the Harley Davidson Superstition Harley dealership, located at 2910 W Apache Trail, Apache Junction Arizona, regarding rezoning case PZ-2-11; and WHEREAS, on September 27, 2011, the Apache Junction Planning and Zoning Commission held a public hearing and voted unanimously (7-0) to recommend City Council approval of rezoning case PZ-2-11; and WHEREAS, on November 1, 2011, the City Council held a public hearing and voted unanimously (7-0) to approve rezoning case PZ-2-11 . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS . SECTION I IN GENERAL The City of Apache Junction Zoning District Map amendment to add the Downtown Overlay District zoning designation to the existing base zoning of downtown business zoned properties illustrated in Exhibit A is hereby approved. ORDINANCE NO. 1378 PAGE 1 OF 6 SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, sub-section, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011 . SIGNED AND ATTESTED TO THIS DAY OF , 2011 . JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD JOEL STERN City Attorney ORDINANCE NO. 1378 PAGE 2 OF 6 Exhibit A The following maps illustrate the properties to be rezoned with the Downtown Overlay Zoning District The maps and property line configurations are based on the Pinal County Arizona geographic information system database as of September 26, 2011 Questions of interpretation regarding the exact location of the dashed line and the properties to be included in the rezoning shall be subject to review and approval of the Director of Development Services Suburban Zone �+_a!_.__il� 3i ?___._,�.. _._w__ L_ 1 .1 1 1 .1 1 1 ='W-GREC( _ _ F��_ 4. .,rI: W.GREGORY.I T ; ui4 �1_ z j ILT iltraf....,,.... 1 . i i 1 �' ._ W APACHE TRL" OLD WEST HWY ' -- W APACHE TRL- I '' I — i 1 p r, X cL ,— 411 z z 00 IiiiircnrE933.i- z :::: Y ❑ J . ! = a c4 0 LU -) m i n "Mw �---, wTvi 1- �Q ZW5TH"AVE .. - _ 0 ¢ -1'-- s � TH., — t' t — fl G-1t-1 —ll`i N ORDINANCE NO. 1378 PAGE 3 OF 6 Transition Zone (West)W ST 11'` l I! 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I I 11=1 RSTITIalip , 0 1 I Liz.:J I \l' I — , 1 cjx\4 11111 W IRGINIA S T _! 0 Q.- tt .0. 11111 - / of x .S - - --W.° 'to • rt - --- 1 2 Nk -X.•• . __ ___•i'`s, .-.411.101.P.'iall' rt „ .. ... • ,, „ .,t I i / , z IL. ...-__, eiN *s R fiv r% 1.1M11111111 2 L ti i i I - I . 441114t14444 -- :71 ID:Av 0 ... •1 .,0----T----- u) 4t A* ..t. 4. .N ....,,,...sr....40.......1............1 III" I '.4•V).• Ng, ORDINANCE NO. 1378 PAGE 5 OF 6 Core Downtown Zone (South) 1 11 11 1 / -W-APAC TRL E_JUNCTION.ST-- "'� rii �MI11111111 _ �` IL ` PP..:OCd _ — . _ . iijiies, ___.... 4 ,_. _ _ ei, ,. __. = ,___ , . ... i 6 , 1 iiipp ,hp. • , ,,,,„ . • 'till 11111111- - E 2ND'AVEa-� 1,4 141111/// WE � FS 111_ .4 E-4TH ya �[IIl; W:5TH`AVE _ i �J�!.1-] ' ._ 1 I in �d lyF. r _ ji 11 II 0 fc4 i I - . . c� = = `pa. /it Illn w -li -},- , 1r. EE El: 01%10 6 ' t, 1 '' '1 • , - is+ 'F i,n+a i_. , 1 1 I - W.BROADWAY-AVE ---- - _. E.BROADWAY:A 4 VE ce r r:...p ..\ qii, FT:14 IX = O I E 9TH Lr 11 ' � ' tn �.. o a a Z1112 ,,, . J ...��lii ice, © V Q W?sC E' Z �i � .... ....! Z to �_yvex. � EIMM-1.1.-11.1-, 1 1 1 44 - s w +4►� r,a» cn = -% - E_12TH AVE irl 0,k 0 a aV� �t cn�? .nl 1 1 i 1 - -E=12TH,.AVE E-DE ORDINANCE NO. 1378 PAGE 6 OF 6 /0%, ROLL CALL VOTE Ct P1)1/4j1 NOTES: n ITEM # MEETING OF MOTION BY 1\-°)) SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR DIETZ V COUNCILMEMBER SMITHSON V COUNCILMEMBER WILSON COUNCILMEMBER COLEMAN V COUNCILMEMBER BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES n� t \ 4 \s' fi) \\\\\ ,, ITEM # MEETING OF sc).0 MOTION BY: SECONDED BY ...,,t4) YES NO ABSTAINED COUNCILMEMBER COLEMAN ii COUNCILMEMBER SMITHSON COUNCILMEMBER SERDY r COUNCILMEMBER BARKER J COUNCILMEMBER WILSON VICE MAYOR DIETZ /1 . MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 5 I MOVE THAT ORDINANCE NO 1378 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No. 1378 by title only. Majonty vote required.) I MOVE THAT ORDINANCE NO. 1378, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED) I MOVE THAT ORDINANCE NO. 1378, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS- PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 11-48, A RECOMMENDATION TO THE ARIZONA INDEPENDENT REDISTRICTING COMMISSION WHEN MAKING FINAL DECISIONS ON BOUNDARIES THAT EFFECT THE CITY OF APACHE JUNCTION 2. Will ASSISTANT TO THE CITY MANAGER MATT BUSBY 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. .d 9. Roll call vote. fT: CHF✓ Gy 0- City of Apache junction Home of the Superstition Mountains ountai,zs 4PizoNr' Print TO: City Manager's Office FROM: Matt Busby, Assistant to the City Manager DATE: November 1, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO. 11-48, A RECOMMENDATION TO THE ARIZONA INDEPENDENT REDISTRICTING COMMISSION WHEN MAKING FINAL DECISIONS ON BOUNDARIES THAT EFFECT THE CITY OF APACHE JUNCTION. ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D Resolution No. 11-48 RESOLUTION NO. 11-48 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, SUBMITTING RECOMMENDATIONS TO THE ARIZONA INDEPENDENT REDISTRICTING COMMISSION REGARDING THE PROPOSED CONGRESSIONAL AND LEGISLATIVE DISTRICT BOUNDARIES AND THEIR NEGATIVE IMPACT ON THE CITY OF APACHE JUNCTION AND ITS CITIZENS . __ WHEREAS, after each decennial U.S. Census States are required by law to redraw Congressional and Legislative boundaries to equalize district populations as required by the Arizona and United States Constitutions, and WHEREAS, the Arizona Constitution requires the creation of a five member Independent Redistricting Commission to draw Congressional and Legislative district boundaries; and WHEREAS, on Monday October 3, 2011, the Independent Redistricting Commission approved the draft congressional district map that includes the City of Apache Junction in the proposed Congressional District 4 that is largely made up of western Arizona; and WHEREAS, on Monday October 10, 2011, the Independent Redistricting Commission approved the draft legislative district map that includes the City of Apache Junction in the proposed Legislative District 16 with the City of Mesa; and Whereas, the citizens of Apache Junction are registered voters and are owed the protection offered by the Arizona Constitution with regard to being in districts that are communities of interest; and WHEREAS, the City of Apache Junction City Council, in order to protect the interests of and ensure the proper representation of the residents of the City of Apache Junction, offers public input to the Independent Redistricting Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RECOMMENDS THAT THE FOLLOWING BE CONSIDERED BY THE INDEPENDENT REDISTRICTING COMMISSION WHEN MAKING FINAL DECISIONS ON BOUNDARIES THAT EFFECT THE CITY OF APACHE JUNCTION, AS FOLLOWS. 1) Include the City of Apache Junction in the proposed Congressional District 1 which includes communities that Resolution No. 11-48 Page 1 of 2 share common interests, as required by the Arizona Constitution. The City of Apache Junction has little in common with the western portion of Arizona. 2) Include the City of Apache Junction in the proposed Legislative District 8 with the other Pinal county cities, towns, and communities . Apache Junction shares r^ more legislative interests and concerns with Pinal County cities than it does with Maricopa County and the City of Mesa. 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 11-48 Page 2 of 2 Nik ROLL CALL VOTE NOTES: R )1‘16 Il ► �� ITEM # MEETING OF MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SMITHSON �I COUNCILMEMBER BARKER J VICE MAYOR DIETZ COUNCILMEMBER COLEMAN COUNCILMEMBER SERDY \/ COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL lk • ITEM NO. 6 I MOVE THAT RESOLUTION NO 11-48, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, SUBMITTING RECOMMENDATIONS TO THE ARIZONA INDEPENDENT REDISTRICTING COMMISSION REGARDING THE PROPOSED CONGRESSIONAL AND LEGISLATIVE DISTRICT BOUNDARIES AND THEIR NEGATIVE IMPACT ON THE CITY OF APACHE JUNCTION AND ITS CITIZENS, (BE APPROVED) OR(BE DENIED). PPACHi Gy 1 ' 0. City of Apache Junction Home of the Supei:c/ition Mountains Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: November 1, 2011 I genda Type : Regular Agenda Council Priority Focus Area: Communication/Outreach TITLE OF AGENDA ITEM: APPOINTMENT TO FILL A VACANCY ON THE BOARD OF ADJUSTMENT. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: This item gives the council the opportunity to fill a remaining vacancy on the Board of Adjustment. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: pot the October 18 regular meeting, council appointed Ralph Stinson to a vacant term expiring October 31, 2014, creating a acancy for his previous term expiring October 31, 2012 This item gives council the opportunity to fill that vacant position. ATTACHMENTS: Click to download i3 board and commission list CITY OF APACHE JUNCTION BOARDS AND COMMISSIONS TERM EXPIRES ADDRESS HOME PHONE WORK PHONE BOARD OF ADJUSTMENT (3 year terms of office—city residents only) Anthony Bowler 10-31-14 1124 W 3rd Avenue 85120 710-1150 710-1150 (Vacancy) 10-31-12 Andrew Whiteneck 10-31-14 1034 E Pima 85119 204-6947 Mike Weller 10-31-12 471 W. 21st Avenue 85120 983-1145 983-5674 Agnes Felton 10-31-13 480 S Silver Dr 85120 986-4245 Ralph Stinson 10-31-14 2701 S Idaho Rd #108 85119 227-1293 Jane Jones-Denney' 10-31-13 2084 W 9th Avenue 85120 983-6247 363-1299 (cell) CONSTRUCTION CODE BOARD OF APPEALS (2 year terms of office—nonresidents allowed, but must be in sphere of influence) Professional Architect or Engineer. (Vacancy) 10-31-12 General Contractor (Vacancy) Contractor other than General Contractor: Dallas Dewey 10-31-12 2758 W McKellips 85120 982-4523 982-3679 John Ford 10-31-13 5484E 36th Avenue 85119 983-6776 983-6776 Lay Person. Ralph Stinson 10-31-12 2701 S Idaho Rd #108 85119 227-1293 Delbert Tapaha 10-31-13 8800 E Avenida Ls NochesGC 85118 710-6639 HEALTH AND HUMAN SERVICES COMMISSION (three year terms of office—nonresidents allowed, but must be in sphere of influence) Andrew Whiteneck" 10-31-14 1034 E Pima 85119 204-6947 Randy Mullen 10-31-12 3248 S. Chaparral 85119 671-9747 603-5922 Robert Mayo 10-31-13 3700 S Ironwood Drive#124 85120 982-5698 (cell) 334-0761 Jodene Weeter` 10-31-12 1116 S Grand 85120 984-4471 Chnsta Rizzi 10-31-14 1755 S Sombrero Rd 85119 288-1291 330-7744 (cell) INDUSTRIAL DEVELOPMENT AUTHORITY (six year terms of office—city residents only) Jane Jones-Denney 10-31-15 2084 W 9th Avenue 85120 363-1299 983-6247 (Vacancy) 10-31-15 Conrad Pisinski 10-31-14 1069 W. 14th Avenue 85120 474-8182 Andrew Whiteneck 10-31-14 1034 E Pima 85119 204-2947 Stephen Amrhein 10-31-16 455 S Delaware#167 85120 983-6915 Luciano Buzzin 10-31-16 3355 S. Cortez#35 85119 374-4023 (Vacancy) 10-31-14 Unless otherwise indicated, all addresses are for Apache Junction. *Chairman **Vice Chairman Page 1 of 3 10/19/11 TERM EXPIRES ADDRESS HOME PHONE WORK PHONE LIBRARY BOARD (three year terms of office—city residents only) Randy Mullen 10-31-14 3248 S Chaparral Rd 85119 671-9747 603-5922 Robert Mayo** 10-31-14 3700 S Ironwood Drive#124 85120 982-5698 (cell) 334-0761 Jon Lokensgard* 10-31-12 1997 S Weaver 85120 288-0487 Loretta Nielsen 10-31-12 2540 W Hawks Eye Ave 85120 983-4199 (cell)602-400-6010 Theresa Nesser 10-31-13 1511 S Cactus Rd. 85119 982-1403 (520) 866-6613 Drew Rappleye 10-31-13 1377 S Valley Dr 85120 288-7272 231-3156 ,.., Rhonda Jackson 10-31-13 P O Box 3963 85117 288-4031 MUNICIPAL PROPERTY CORPORATION BOARD MEMBERS AND STATUTORY AGENT (FOR INFO. ONLY) (three year terms of office—city residents only) Dan Wald 10-31-11 560 N Rennick 85120 288-0437 (cell) 861-1347 Wayne Standage 10-31-12 1920 E. 20th Avenue 85119 982-1051 Michael Weller 10-31-14 471 W 21st Avenue 85120 980-1685 983-5674 Chnsta Rizzi 10-31-13 1755 S Sombrero Road 85119 330-7744 (cell) Jodene Weeter 10-31-13 1116 S Grand 85120 984-4471 Scott W Ruby c/o Gust Rosenfeld P L C 201 E Washington Street, Suite 800 Phoenix, AZ 85004-2327 PARKS AND RECREATION COMMISSION (three year terms of office—city residents only) John Mahony 10-31-14 455 S Delaware#97 85120 982-4728 Robert Mayo 10-31-12 3700 S Ironwood#124 85120 982-5698 334-0761 Theresa Nesser* 10-31-12 1511 S Cactus Rd 85119 982-1403 Wayne Standage, Jr 10-31-12 1920 E. 20th Avenue 85119 982-1051 Mona Barton 10-31-13 1264 S Palo Verde 85120 671-1345 982-1110 x2314 Conrad Pisinski ** 10-31-13 1069 W 14th Avenue 85120 474-8182 Jeff Struble 10-31-14 953 S Warner 85120 694-5100 694-5100 PLANNING AND ZONING COMMISSION (three year terms of office—city residents only) Luciano Buzzin 10-31-14 3355 S Cortez Rd #35 85119 374-4023 Chnsta Rizzi 10-31-14 1755 S. Sombrero Road 85119 330-7744 (cell) ,.•. Pat Richmond 10-31-14 3080 W. 16th Avenue 85120 982-0781 Gail Evans* 10-31-12 1434 N Cortez 85119 671-9661 818-2840 Colleen Hill 10-31-13 1615 W Mockingbird St 85120 233-1577 233-1577 J Sue Johns 10-31-13 1382 S Palo Verde Dr 85120 288-8122 Theresa Nesser 10-31-12 1511 S. Cactus Rd 85120 982-1403 (520)866-6613 PUBLIC SAFETY PERSONNEL RETIREMENT BOARD (four year terms of office—city residents only) Mayor lnsalaco* 6-1-13 300 E Superstition Blvd 85119 982-8002 Randy Betts 10-31-14 (Police Department Rep) Clyde Allison 10-31-12 (Police Department Rep) Jodene Weeter 10-31-14 1116 S Grand 85120 984-4471 Tom James 10-31-12 P 0 Box 8564 85178 288-2716 *Chairman **Vice Chairman Page 2 of 3 10/19/11 TERM EXPIRES ADDRESS HOME PHONE WORK PHONE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1 (six year terms of office—must be property owner of no more than 40 acres Kathleen Waldron 7-7-2014 P 0 Box 4284 85178 982-1453 (cell) 390-0463 Patricia Richmond 7-7-2016 3080 W 16th Avenue 85120 982-0781 Anthony Bowler 7-7-2016 1124 W 3rd Avenue 85120 710-1150 710-1150 Steven McDaniel 7-7-2016 1666 S. Lawson Drive 85120 602-796-1629 789-2753 Conrad Pisinski 7-7-2014 1069 W 14th Avenue 85120 474-8182 *Chairman **Vice Chairman Page 3 of 3 10/19/11 ROLL CALL VOTE NOTES \\\k\ ITEM # MEETING OF ‘01(1M J- MOTION BY SECONDED BY: /YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY J/ COUNCILMEMBER COLEMAN VICE MAYOR DIETZ ✓ COUNCILMEMBER BARKER J COUNCILMEMBER SMITHSON V MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL .•. ITEM NO. 7 I MOVE THAT BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE ON OCTOBER 31, 2012. gpCH Aiww, ,— C= fiche Junction 1 lame of the Superstition Al ou ita ns /ZOO' Print TO: City Manager's Office FROM• Kathy Connelly, City Clerk DATE. November 1, 2011 .genda Type : Regular Agenda Council Priority Focus Area• Budgeted Operational Item TITLE OF AGENDA ITEM: CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT WITH EAST VALLEY ADULT RESOURCES, INC IN THE AMOUNT OF $26,432 00 FOR THE RIDE CHOICE PROGRAM FOR FISCAL YEAR (FY) 2011-2012 ACTION REQUESTED• Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION• Council consideration of professional services agreement with East Valley Adult Resources, Inc.will allow the city residents who are seniors over 60 years of age and adults over 18 years of age with disabilities to have a driver reimbursed on a per mile basis for providing transportation to medical appointments, errands, etc FISCAL IMPACT: OPTIONS/ALTERNATIVES: ECOMMENDATION• ATTACHMENTS. Click to download Li cover memo DI agreement ¢ ACH • reit" ok.c.iitetchireler-tioni Wizhk Home of the Superstition Mountains 4n zONP OCTOBER 19 ,2011 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER FROM- KATHLEEN CONNELLY, CITY CLERK SUBJECT. AGENDA ITEM FOR OCTOBER 31, 2011 WORK SESSION AND NOVEMBER 1, 2011 REGULAR MEETING — RIDE CHOICE AGREEMENT Since 2003, the city has provided transportation funding for elderly city residents 60 years of age and older and disabled adult city residents (18 years of age and older). The program, initially known as Enabling Transportation, started operation in January 2004 with a funding level of $11,500. For fiscal years 2004, 2005 and 2006, funding was in the amount of S30,000; $33,960 in FY 2007 and $33,040 for FY 2008. Even though other service providers expenenced a 20% reduction in FY 08-09, this program escaped that cutback by one meeting For FY 09-10 and FY 10-11 the program did receive the 20% reduction and was funded in the amount of$26,432 00. The recommendation for FY 11- 12 is to continue to provide funding in the amount of$26,432 The funding will provide mileage reimbursement for 35,000 miles at 440 per mile up to a maximum of 200 miles per month per person. The additional amount will cover staff support to monitor the program, marketing and brochures and normal office costs This agreement will be placed on your consent agenda for the November 1 meeting. You may choose to vote on it at that time or continue it to a future meeting Please contact me if you have any questions. • Voice 0801 982-S002 • TAX(480)982-7018 • TDD(48(})983-0095 • w4.444 ajcit4 net •tt1) E Superstition tU,ule4ard, Apache Junction. AL 85219 EAST VALLEY -3 Atlut I RESOURCES (�1_ Opyortonvbes ra Conntc, Coo'o.,'.and Core for too Cul., Choice Apache Junction RIDE Choice City of Apache Junction FY 2011-12 INTRODUCTION The Ride Choice service began in January 2004 as an alternative transportation service (mileage reimbursement) The City of Apache Junction has continued to support this service by approving$30,000 for first two fiscal years and approving$33,960 for FY 2007/2008 and $33,040 00 for FY 2008/09 Due to City of Apache Junction funding restrictions a 20%reduction for FY 2009/10 made the allocation$26,432 A level allocation was made for FY 2010/11 of$26, 432 The request for FY 2011/12 is$26,432 which is level funding and maintains our ability to assist persons with this transportation option Ride Choice Benefits to permanent Apache Junction Residents 1. The mileage reimbursement incentive will be utilized to encourage volunteer drivers to provide transportation for persons who have difficulty utilizing existing transportation systems The utilization of this reimbursement incentive is for the elderly(60 years and over) and disabled adults(18 years and over) of the community The incentive will provide reimbursement to the enrollee at a rate of$44 per mile Participants' reimbursement shall be limited to a monthly maximum amount of 200 miles The trip purpose for clients is not restricted,but primary destinations are Apache Junction Active Adult Center, medical appointments,grocery shopping, personal errands, banking, religious activities and volunteer work oak 2 East Valley Adult Resources will be responsible for participant certification reimbursement distribution East Valley Adult Resources staff will meet with social service providers who work with disabled adults and provide presentations to groups representing the disabled community to explain the service and how it is accessed Information materials in the appropriate format will be developed in order to promote the service to disabled individuals. 3 Staff support services will include, but not be limited to participant certification,travel verification, reimbursement request authorization,Coupon dispersal and payment distribution. East Valley Adult Resources will be responsible for all accounting and related record keeping. 4 Marketing efforts shall include the development of promotional items,displays and marketing campaigns to current clients and potential clients to promote program usage FY 2011/12 Mileage Reimbursement Item ( Expenses Justification Reimbursement $14,080 00 44 per milea32,000 miles Staff support $12,000.00 $20.00 per haur(D600 hours Printing, postage,telephone { $300.00 $25 per month Marketing w�i $52 00 Brochures Total $26,432.00 0'1 7 .... ^ - PROFESSIONAL SERVICES AGREEMENT WITH EAST VALLEY ADULT RESOURCES, INC. FOR MILEAGE REIMBURSEMENT INCENTIVE PROGRAM ("RIDE CHOICE") THIS AGREEMENT is made and entered into this day of 2011, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona .•. municipal corporation ("City") and EAST VALLEY ADULT RESOURCES, INC., a 501(c)(3) non-profit corporation ("Contractor") for the project entitled "Mileage Reimbursement Incentive Program" (also known as "Ride Choice"). WHEREAS, in previous Town Hall meetings with citizens, transportation was identified as an important issue within the City of Apache Junction; and WHEREAS, the City has historically assisted the elderly and disabled in their transportation needs as a public service; and WHEREAS, Arizona Revised Statutes Annotated ("A.R.S.") § 9-500.11(A) allows the City to appropriate and spend public monies for and in connection with economic development activities; and WHEREAS, A.R.S. § 9-500.11(c) defines "economic development activities" to include any project assistance, undertaking, program or study that the City Council finds and determines to improve and enhance the economic welfare of the inhabitants of the City; and WHEREAS, the City finds that assisting the elderly and disabled in their transportation needs is an important and valuable service which enhances the economic welfare of inhabitants in the City; and WHEREAS, an objective of the 1999 General Plan Circulation Element is to .•. provide alternative transportation opportunities by providing low cost transportation for the elderly; and WHEREAS, Contractor's Ride Choice program is a mileage reimbursement program that was initiated in the City of Mesa in 1999, and WHEREAS, in 2003, the Apache Junction Mayor and City Council approved Eleven Thousand Five Hundred Dollars ($11,500.00) for the planning and initial implementation of the Enabling Transportation ("ET") Program for Fiscal Year 2003-2004, and WHEREAS, service began in January 2004 in the City of Apache Junction for the elderly; and 1 WHEREAS, in August 2004, September 2005, and September 2006 the Apache Junction Mayor and City Council approved $30,000 for the continuation of the ET Program, now renamed as the "Ride Choice" Program. In 2007, the Mayor and City Council budgeted $33,960; in 2008 budgeted $33,040; and in 2009 and 2010 budgeted $26,432 respectively for the Ride Choice Program. NOW, THEREFORE, City agrees to retain and does hereby retain Contractor and Contractor agrees to provide the services required according to ..� the terms and conditions and for the consideration set forth below: 1. CONTRACTOR'S DUTIES: Contractor agrees to perform the following professional services in connection with the Project: A. In General: Contractor will facilitate the Ride Choice to encourage drivers to provide transportation for persons who have difficulty utilizing existing transportation systems. The utilization of this reimbursement incentive is for the elderly (sixty (60) years old and over) and disabled adults (18 years of age and older), all of whom shall be residents of the City of Apache Junction. Trip purposes are restricted to the following primary destinations except for political activities excluding voting: Apache Junction Active Adult Center and Multigenerational Centers; medical appointments; grocery shopping; personal errands; banking; and volunteer work. The incentive will provide reimbursement to enrollees (drivers) at a rate of forty- four cents ($0.44) per mile, Participants' reimbursement shall be limited to a monthly maximum of two hundred (200) miles. B. Certification/Marketing: Contractor will be responsible for participant certification and reimbursement distribution. Contractor staff will meet with social service providers who work with disabled adults and provide presentations to groups representing the disabled community to explain the service and how it is accessed. Information materials in the appropriate format will be developed in order to promote the service to disabled individuals. Marketing efforts shall include the development of promotional items, displays and marketing campaigns to current clients and potential clients to promote program usage. 2 C Staff Support: Staff support shall include but not be limited to: participant certification, travel verification, reimbursement request authorization, Coupon dispersal and payment distribution. Contractor will be responsible for all accounting and related record keeping. 2. COMPENSATION: The Contractor shall be reimbursed for its reasonable costs in performing the services in an amount not exceed Twenty- Six Thousand Four Hundred Thirty-Two Dollars ($26,432) for the period of July 1, 2011 through June 30, 2012 as broken down more specifically in Section 4 below. To receive payment, Contractor shall present to the City accurate and properly itemized invoices. Such invoices shall be presented monthly. All payments made to the Contractor under this Agreement are conditioned upon the City receiving the funds projected to be available for expenditure hereunder. The City shall not be liable for any purchases or contracts entered into by the Contractor in anticipation of receiving payments under this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2011 through June 30, 2012, and shall be subject to annual renewals as negotiated by the parties. 4. CONTRACTOR'S BILLING: Contractor shall bill City with quarterly invoices within the budgeted amounts set forth below. City shall pay such billings within thirty (30) calendar days upon being presented acceptable invoices. Budget Request FY 2011-2012 Item Maximum Reimbursement Amount 1) Reimbursement $14,080.00 2) Staff support $12,000.00 3) Printing, postage, telephone. $ 300.00 Average $25.00 per month 4) Marketing and Brochures, etc. $ 52.00 Total $26,432.00 5. CONTRACTOR'S STANDARD OF PERFORMANCE: While performing the services, Contractor shall exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. 3 Consultant shall be responsible for all errors and omissions Contractor commits in the performance of this Agreement. 6. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: City Clerk City of Apache Junction 300 E Superstition Blvd. Apache Junction, AZ 85119 If to Contractor: Daniel H. Taylor Executive Director 45 W. University Drive Suite A Mesa, AZ 85201-5831 7. TERMINATION: This Agreement may be terminated by either party upon fifteen (15) calendar days written notice. If this Agreement is terminated, Contractor shall be paid for all uncontested services performed to the date of receipt of such termination notice. 8. SUBCONTRACTORS: The duties under this agreement cannot be subcontracted in any form. 9. RECORDS AND EXPENSES: 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 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. Contractor shall maintain financial records which enable the City to determine whether funds provided under this Agreement are being expended according to the budget supporting City funds as set forth in Section 4 of this Agreement. The City may also request Contractor to provide an accounting of expenses to be supplied to City within thirty (30) calendar days after the City makes such request. Should the City determine that Contractor has violated the budget limitations, the City may at its sole discretion terminate this Agreement pursuant to Section 7 above. 10 INSURANCE: The Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, 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. 4 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 City, constitute a material breach of this Agreement. The Contractor's insurance shall be primary insurance as respects the 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 a 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 service. 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. The Contractor shall be solely responsible for the deductible and/or self 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. REQUIRED COVERAGE Commercial General Liability 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 policy 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 that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or any replacements thereof. 5 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 B, 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, an Owner 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 Agreement. 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 the Contractor's Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of Contractor's work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. 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 not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply 6 with such provisions before commencing the performance of the work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurers), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect and are maintained so during the term of this Agreement. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office. 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 work or services and as evidenced by annual Certificates of Insurance. If a policy does expire or is cancelled during the life of the Agreement, a renewal certificate must be sent to City thirty (30) days prior to the expiration or cancellation date. All Certificates of Insurance must include this thirty (30) day notice provision in its cancellation clause. Failure to provide the thirty (30) day notice will constitute a material breach of contract. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City at the time of execution of this Agreement and shall include the City , its Mayor, City Council, appointees and employees as an additional insured parties The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." 11 RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant. 7 12. EXCUSABLE DELAYS: City and Contractor shall exert all efforts to perform their respective responsibilities under this Agreement However, neither party shall hold the other party responsible for inability to render timely performance if such inability is a direct result of a force beyond its control, including but not limited to the following: strikes, lockouts, embargoes, failure of carriers, inability to obtain transportation facilities, acts of God or the public enemy, or other events beyond the control of the other or the other's employees and agents. 13. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless the City, its Mayor, City Council, agents, officers, officials and employees from and against all 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 subconsultants in the performance of this Agreement. Contractor's duty to defend, hold harmless and indemnify City, its agents, officers, officials and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Consultant's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of the Contractor, any tier of Contractor's subconsultant or any other person for whose acts, errors, mistakes, omissions, work or services the Consultant 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 and such indemnification shall service the expiration or other termination of this Agreement. 14. WAIVER OF TERMS AND CONDITIONS: The failure of City or Contractor to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 15. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as 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 Consultant. 8 16. 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 and right to jury trial. In the event either party shall bring suit to enforce any term 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 shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 17. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information as well as all data prepared or assembled in any other form by Contractor under this Agreement, shall be and shall remain the property of City and shall be forwarded to City at any time City requires such papers and files. 18 LICENSE: Contractor represents and warrants that any license necessary to perform the work under this Agreement is current and valid. 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. Any activity by subconsultants within the corporate city limits, will invoke the same business tax regulations on any subconsultants, and Contractor ensures its subconsultants will obtain any required business tax license. 19. NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Contractor. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part. Contractor shall not assign any monies due or to become due to it hereunder without the prior written consent of City. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. 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. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 9 21. SEVERABILITY: City and Consultant each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, City Code or City Charter), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 22. CONFLICTS 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. 23. POLITICAL ACTIVITIES: As a community service-based organization, Consultant is a non-political organization. Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Consultant shall solicit any contribution in cash or services from any Consultant employee to support any candidate for public office. No board member or officer shall use the name of Consultant, or use thew affiliation with Consultant, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Consultant in any way, while engaging in said activity. The functions and activities of Consultant are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Consultant function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. CONSULTANT. By: DANIEL TAYLOR Title: Executive Director CITY OF APACHE JUNCTION, an Arizona municipal corporation By: JOHN S. INSALACO Title. Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 11 ROLL CALL VOTE NOTES: 0" \ I \1 \ ‘ ITEM # C6 MEETING OF itj MOTION BY: vV SECONDED BY: YES NO ABSTAINED VICE MAYOR DIETZ COUNCILMEMBER WILSON COUNCILMEMBER BARKER COUNCILMEMBER SERDY ✓/ COUNCILMEMBER SMITHSON V COUNCILMEMBER COLEMAN 'I MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL • ITEM NO. 8 I MOVE THAT THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND EAST VALLEY ADULT RESOURCES, INC FOR THE RIDE CHOICE PROGRAM FOR FISCAL YEAR 2011-2012 IN THE AMOUNT OF $26,432.00 BE APPROVED, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT ➢ Gyo. Ci o A ache Junction Home of the Superstition tition Mountains 4PizoNr Print TO: City Manager's Office FROM: Arnold Freeman, Police Captain DATE: November 1, 2011 agenda Type : Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: DISCUSSION AND CONSIDERATION OF TOWING SERVICES RFP NO. PD 2011-02 BID SUBMITTALS. ACTION REQUESTED: Direction to Staff DISCUSSION/ BACKGROUND INFORMATION: At the October 17, 2011 Work Session, police department staff updated the council on the status of the ongoing towing services procurement. Staff discussed details of the received submittals and provided recommendations. Staff respectfully requests the council's direction on how to conclude the process FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available ROLL CALL VOTE i NOTES - I ;low 17a "r ITEM # MEETING OF \ -/(4\)' MOTION BY: f .. SECONDED BY YES NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER COLEMAN I COUNCILMEMBER WILSON V COUNCILMEMBER SMITHSON v VICE MAYOR DIETZ V COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL • ITEM NO. 9 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING TOWING SERVICES RFP NO PD-2011-02 BID SUBMITTALS of Apache Junction z Home of the Supe1:i-tition Alountai,zs 4Pizo�* Print TO: City Manager's Office FROM: Bryant Powell, Assistant City Manager DATE: November 1, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: SELECTION OF A DATE AND TIME FOR SCHEDULING OF THE TOUR AT WASTE MANAGEMENT'S ECO CENTER IN SURPRISE, AZ. ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: Mayor and Council have been invited to tour the newly opened Waste Management Eco Center facility recently opened in Surprise, AZ. Mayor and Council have been asked to provide a couple of preferred dates for the tour. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download Ll Eco Center L7 Eco Center Opening Press Release Waste Management Arizona Community Ecocenter 19401 W. Deer Valley Rd. Surprise, AZ 85387 L_. -. -'.Apr .- - SINGLE-STREAM TECHNOLOGY - -•/- ,Ilk. if 4'. . � ,•` TITECH OPTICAL SORTERS = s t- - - - (`-''--4 These machines determine the reflectivity �, ~,*: M'''"` .oca+ < 1 of each object,then calculate the speed' i + • ` � #'* I and location on the conveyor belt before �►,� tr-^ ., dispersing a perfectly timed jet of air to . . _ 1111104„111111, separate the object from the rest of the '`" � *.lpit t materials.There are four TiTechs in use that ,._ separate certain plastics,paper and other •' +. ' fiber materials. �` , t .. ` { • .. �L. 9 "•4 ~ERFUL ELECTROMAGNETS A NEW GENERATION OF RECYCLING Powerful magnets pull tin and other ferrous materials from the conveyor belts and drop The Waste Management Arizona Community Ecocenter is unlike any other them directly into storage bunkers. materials recovery facility in Arizona Its impressive equipment,processing - k capability and recycling education center will make a truly unique addition EDD" " to the City of Surprise Eddy currents create a magnetic field that • 65,000-square-foot facility pulls aluminum off the conveyor belt like a magnet.The aluminum then travels through • Capable of processing 10,000 tons per month k a tube before it passes through a final hand • State-of-the-art sorting technology , sorting quality check. IIP Capable of processing glass and all plastics(#1-7) - 'OT'T NG DI- , Located at the Northwest Regional Landfill Large,rotating disks are used to separate The brand-new Education Center features live video feeds, cardboard,or OCC,from the other materials visual murals and other interactive tools to show the public how before it is baled and shipped. Waste Management extracts value from the materials we collect imiiiii WASTE MANAGEMENT THINK GREEN. ©2011 Waste Management Inc FOR IMMEDIATE RELEASE Waste Management Celebrates Grand Opening of FOR MORE INFORMATION: Single Stream Recycling Facility Waste Management Melissa Quillard Arizona Ecocenter Showcases State of the Art Recycling Technology 602 (0) 602-579 79 6152152 {C} mquillar@wm.com SURPRISE,AZ— February 16th, 2011 —Waste Management announced today that the Arizona Community Ecocenter in Surprise, Ariz is now operational The state of-the art single stream recycling facility is Arizona's most advance, featuring the latest in technology In celebration of its new facility, Waste Management will roll out the"green carpet"for a grand opening event on Tuesday, February 22 from 11am-1pm at 19401 W Deer Valley Road in Surpnse The event is open to the public and will include facility tours, recycle fashion show, remarks from respected community leaders and more The 65,000 square foot facility has the capacity to process more than 10,000 tons of material per month—that is nearly 2 5 times the processing capacity of Waste Management's previous facility on Madison Street, which recently closed its doors The facility cost more than $20 million to build and will create 30 40 permanent jobs. "Waste Management's objective is to extract more value from the materials we manage," said Waste Management senior vice president Duane Woods "The Arizona Community Ecocenter will help us reach our goal by making the recycling process more efficient." Technology was a critical component in the development of the Arizona Community Ecocenter Advanced recycling sorting technology including magnets, screens, optical scanners, and eddy currents are in use, creating an automated system that is quicker and much more efficient. "We are constantly striving to optimize our efficiency by utilizing advances in recycling technology" said Waste Management Recycle America president Pat DeRueda. "This facility showcases the latest single stream recycling equipment, which will ultimately allow us to offer more recycling programs to our customers." Waste Management hopes to achieve LEED Silver status, which is a prominent green building award Amok, given out by the US Green Building Council Many i environmental considerations were made during the building process, including the installation of translucent window panels to allow for natural light, solar water heater panels, and low-water use plumbing fixtures About Waste Management Waste management and its 980 Anzona employees provide waste and recycling services to nearly 500,000 customers throughout Arizona. For more information, go to www.wmofanzona.com. Waste Management, based in Houston, Texas, is the leading provider of comprehensive waste management services in North America Our subsidiaries provide collection, transfer, recycling and resource recovery, and disposal services We are also the largest recycler in North America and a leading developer, operator and owner of waste to-energy and landfill gas to energy facilities in the United States Our customers include residential, commercial, industrial, and municipal customers throughout North America To learn more visit www wm tom or www thinkgreen com ### THINK GREEN: ROLL7LL VOTE NOTES (i))4k/U 12 7; I ) kii& 9 Vj V ;\l' It Ilk ITEM # MEETING OF LitAy:n MOTION BY SECONDED BY. YES NO ABSTAINED COUNCILMEMBER SERDY J VICE MAYOR DIETZ COUNCILMEMBER SMITHSON J COUNCILMEMBER WILSON , // COUNCILMEMBER COLEMAN VV COUNCILMEMBER BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 10 I MOVE THAT THE TOUR AT WASTE MANAGEMENT'S ECO CENTER IN SURPRISE, ARIZONA, BE ON AT (date) (time) ROLL CALL VOTE NOTES. 1 A '\/ ‘ 0 \ \,\I ITEM # Wki MEETING OF u)c ) c../1)"-"--\1-.Nj MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER COLEMAN J / COUNCILMEMBER SMITHSON vJ COUNCILMEMBER SERDY U COUNCILMEMBER BARKER V COUNCILMEMBER WILSONill VICE MAYOR DIETZ / . . MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL . Adabk ITEM NO. 11-12 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M AND A WORK SESSION AT 7.00 P.M. BE HELD ON MONDAY,NOVEMBER 14, 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,NOVEMBER 15, 2011 IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P.M. r.. ROLL CALL WS: \N REG: ,1 1 \` SPEC CITY COUNCIL P / P / A P / A MAYOR INSALACO V VICE MAYOR DIETZ t/ COUNCILMEMBER BARKER COUNCILMEMBER COLEMAN COUNCILMEMBER SERDY COUNCILMEMBER SMITHSON t/ COUNCILMEMBER WILSON TOTAL f; CITY STAFF• City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly t/ City Attorney Joel Stern Public Safety Director Jerald Monahan Interim Public Works Director/ City Engineer Giao Pham Parks & Recreation Director Jeff Bell Finance Director Donna Meinerts Development Svcs Director Brad Steinke Human Resources Director Liz Riley Economic Development Director Steve Filipowicz Assistant to the City Manager Matt Busby OTHERS: r Date: ' i' / ! ) City of Apache Junction Item No. Request to Speak Form or Gall 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? Yes❑ No Only If Necessary ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. 5L Name (Print) 5- ) Uk1C-Ptvr 5/54 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 1/ 1 if Date: City of Apache Junction Item No. -re6/1/Ail Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. I Do you wish to speak before Council on this item? Yes , No❑ Only If Necessary E ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. Name (Print) I /J I LA/N g5 Address City Zip Code .04 . 2/P 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