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HomeMy WebLinkAbout2012 08.21 City Council Regular Agenda ,... PLEASE FILL OUT A"REL _ST TO SPEAK"FORM IF YOU WISH TO ADD S THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING i(EM •ACRE yam C1.0 a A ache Junction r. Nome of the Superstition Mountains �tzo� APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA August 21,2012 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 August 7,2012 3 Approval of Minutes of Special Meeting of August 7,2012. 4.. 4 Consideration of revised employment agreement with Presiding Magsitrate. The mayor and council, in concert wtih Judge Hazel, have revised various terms of his employment agreement which requires approval by a majority of the council. 5 Consideration of the Electric Transportation Engineering Corporation(dba ECOtality North America)electric vehicle charging stations agreement In 2009 and again in 2010, ECOtality was awarded a multimillion dollar grant from the U S Department of Energy to embark on the "EV Protect" This ambitious project entails the deployment of approximately 14,000 electric vehicle charging systems in eighteen major cities and metropolitan areas located in six states and the District of Columbia Approximately two years ago,city staff made it known to ECOtality of its interest to participate and on June 5,2012 was offered at no cost four level 2 pedestal chargers along with the installation at the city's Muligenerational Recreation Center E. AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards, presentations from other organizations, proclamations issued by the mayor,and acknowledgement of distinguished guests and visitors,and staff presentation of receipt of grant or donated funds are permitted at this time 6. PRESENTATION BY COUNCILMEMBER SERDY ON THE 2012 ARIZONA OFFICE OF TOURISM, GOVERNOR'S TOURISM AWARD,TOURISM SPIRIT OF SERVICE TO THE LATE GARY MULHOLLAND Councilmember Serdy will present Mrs Mulholland the Governor's Spirit of Service Award which was awarded posthumously to her late husband Gary Mulholland F. ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance,time and location G. CITY MANAGER'S REPORT. The City Manager, members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City.There shall however be no discussion at this time except for clarification inquiries 7 MANAGER'S REPORT. 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.Ai. 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 8. PROPOSED RESOLUTION NO. 12-11, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN CONESTOGA ROAD AND CORTEZ ROAD AND CONESTOGA ROAD BETWEEN SECOND AVENUE AND FOURTH AVENUE ARE NO LONGER NECESSARY FOR PUBLIC USE Staff seeks council approval on an extinguishment of roadway easements on Third Avenue between Conestoga Road and Cortez Road and Conestoga Road between Second Avenue and Fourth Avenue Staff has reviewed the submittal and has no technical objections since the use of the federal patent easements are not feasible or needed Resolution No 12-11 extinguishes the above noted easements for public roadway and right-of-way purposes 9. PROPOSED RESOLUTION NO 12-13, DECLARING THAT A PORTION OF DEDICATED ROADWAY ON KACHINA AVENUE LOCATED EAST OF CACTUS STREET IS NO LONGER NECESSARY FOR PUBLIC USE. Staff seeks council approval on a city initiated vacation of dedicated roadway on Kachina Avenue East of Cactus Street This vacation, if approved,would assist in alleviating the loitering issues affecting the abutting property owners In addition,the right-of-way does not provide access to any parcels which would be landlocked in the event of the vacation 10. PROPOSED RESOLUTION NO 12-14, EXTINGUSIHING A PORTION OF PUBLIC ROADWAY EASEMENTS LOCATED ON BOWMAN ROAD BETWEEN ELEVENTH AVENUE AND TWELFTH AVENUE ARE NO LONGER NECESSARY FOR PUBLIC USE,AND, PROPOSED RESOLUTION NO 12-15 VACATING A PORTION OF BOWMAN ROAD BETWEEN TWELFTH AVENUE AND ELEVENTH AVENUE AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. Staff seeks council approval on a city initiated extinguishment and vacation of dedicated roadway on Bowman Road between Eleventh Avenue and Twelfth Avenue This extinguishment and vacation, if approved,would alleviate multiple permanent structure encroachment issues along the Bowman Road alignment In addition,the extinguishment portion as well as the vacation of dedicated roadway would not leave any parcels landlocked l OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk. 11 FOLLOW UP DISCUSSION WITH PAT BRENNER, COMMUNITY RELATIONS MANAGER, REGARDING THE CITY'S STRATEGIC COMMUNICATION PLAN. Pat Brenner discussed the city's draft strategic communication plan with city council at their July 16,2012 Work Session After incorporating suggested changes to that plan, Mr. Brenner returns this item for council discussion in order to finalize J. NEW BUSINESS. The Council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk 12 SELECTION OF PLANNING AND ZONING COMMISSION CANDIDATE. The city council will select a person for the Planning and Zoning Commission position recently vacated by Councilmember Gail Evans The term for this Planning and Zoning Commission position expires on October 31,2012 K COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters a None L SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 13 EXECUTIVE SESSION AT 5:45 P.M. AND WORK SESSION AT 7.00 P.M. FOR MONDAY, SEPTEMBER 3,2012 IS CANCELLED DUE TO OBSERVE THE LABOR DAY HOLIDAY. 14 EXECUTIVE SESSION AT 5.45 P M FOR TUESDAY, SEPTEMBER 4, 2012.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 Thursdays, 7 OOa—6 OOp,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. ..r CITY COUNCIL REGULAR MEETING AUGUST 7, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on August 7, 2012, 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 : 05 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Serdy Councilmember Waldron Councilmember Wilson �.. (Councilmember Evans 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 Interim Public Safety Director/City Engineer Giao Pham Economic Development Director Steve Filipowicz Assistant to the City Manager Matt REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2012 PAGE 1 OF 5 Busby Others Present : Revenue Resources Manager Roger Hacker ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO 12-24, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO A GRANT PASS THROUGH AGREEMENT FOR THE DISTRIBUTION OF A GILA RIVER INDIAN COMMUNITY STATE-SHARED REVENUE GRANT FOR FISCAL YEAR 2011-2012, BE APPROVED, AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE APACHE JUNCTION CHAMBER OF COMMERCE AND THE CITY OF APACHE JUNCTION FOR VISITOR CENTER SERVICES BEGINNING RETROACTIVELY ON JULY 1, 2012 THROUGH JUNE 30, 2015 IN THE ANNUAL AMOUNT OF $36, 000 AND ADDING ANNUAL CITY FUNDING FOR THE VISIT SUNNY AZ MARKETING CONSORTIUM IN THE AMOUNT OF $5, 000 FOR A TOTAL AMOUNT OF $41, 000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY Councilmember Waldron SECONDED THE MOTION. VOTE. Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS .� None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy announced he attended the forum for the state senate and house of representatives held this last week. He would like to see it put on Channel 11 CITY MANAGER' S REPORT REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2012 PAGE 2 OF 5 City Manager George Hoffman commented on a city advertisement in the magazine Expansion Solutions, Plaza Drive, the improvements on North Apache Trail, staff getting involved in professional associations to reduce the use of consultants, and compliments received by parks and recreation and police department employees . PUBLIC HEARINGS None . OLD BUSINESS None. NEW BUSINESS FISCAL YEAR 2012-2013 LEGISLATIVE WORK PLAN Assistant to the City Manager Matt Busby briefed the council on the item. Mayor Insalaco opened the item to council discussion. There was no discussion. City Manager George Hoffman asked if they would like this to come back at another work session as this was only introduced tonight . The council consensus was to bring it back at a later date once they have had time to go over "• it . Councilmember Waldron asked what the third additional item was . Assistant to the City Manager Matt Busby stated it was the communications plan Mayor Insalaco closed the discussion and moved on to the next item. COUNCIL DIRECTION TO STAFF REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2012 PAGE 3 OF 5 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, AUGUST 20, 2012, 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, ems AUGUST 21, 2012 IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: None. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 . 20 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda 2 . Approval of Minutes of Regular Meeting of July 17, 2012 3 . Consideration of Resolution No. 12-24, authorizing the execution of a Grant Pass Through Agreement between the City of Apache Junction and East Valley Adult Resources for the distribution of $45, 000 in grant funds from the Gila River Indian Community. 4 . Consideration of Professional Services Agreement for Economic Development with Apache Junction Chamber of Commerce. ACCEPTED THIS 21ST DAY OF AUGUST, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2012 PAGE 4 OF 5 SIGNED AND ATTESTED TO THIS 21ST DAY OF AUGUST, 2012 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 7th day of August, 2012 I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of August, 2012 . ? :7 KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 7, 2012 PAGE 5 OF 5 CITY COUNCIL SPECIAL MEETING AUGUST 7, 2012 The special meeting of the City Council of the City of Apache Junction, Arizona, was held on August 7, 2012, at the Apache Junction City Council Chambers pursuant to the notice �•. required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Serdy Councilmember Waldron Councilmember Wilson (Councilmember Evans 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 Interim Public Works Director/City Engineer Giao Pham Parks and Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts Economic Development Director Steve Filipowicz Assistant to the City Manager Matt Busby SPECIAL MEETING OF THE CITY COUNCIL AUGUST 7, 2012 PAGE 1 OF 4 /, Others Present: Presiding Magistrate James Hazel Revenue Resources Manager Roger Hacker DISCUSSION ON FINAL BUDGET FOR FISCAL YEAR 2012-2013 Mayor Insalaco called for any further discussion on the budget. Vice Mayor Dietz and Councilmember Barker commented staff did an awesome job. Mayor Insalaco closed the discussion and moved on to the next item. PUBLIC HEARING: PROPOSED FINAL BUDGET FOR FISCAL YEAR 2012-2013 ) Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and moved on to the next item. CONSIDERATION OF PROPOSED RESOLUTION NO 12-27, ADOPTION OF FINAL BUDGET FOR FISCAL YEAR 2012- 2013 Mayor Insalaco called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 12-27, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, FULLY ADOPTING ESTIMATES OF EXPENDITURES BY THE CITY OF APACHE JUNCTION FOR THE emN FISCAL YEAR BEGINNING JULY 1, 2012, AND ENDING JUNE 30, 2013; DECLARING ESTABLISHMENT OF THE BUDGET FOR THE CITY OF APACHE JUNCTION FOR FISCAL YEAR 2012-2013; AND DECLARING AN EMERGENCY, BE APPROVED Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . SPECIAL MEETING OF THE CITY COUNCIL AUGUST 7, 2012 PAGE 2 OF 4 The motion carried. RESOLUTION NO. 12-30 : ADOPTING A REVISED VERSION OF "THE CLASSIFICATION PLAN FOR FISCAL YEAR 2012-2013" AND "THE COMPENSATION PLAN FOR FISCAL YEAR 2012-2013 Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 12-30, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD AND ADOPTING CERTAIN AMENDED DOCUMENTS FILED WITH THE CITY CLERK ENTITLED "THE CLASSIFICATION PLAN FOR FISCAL YEAR 2012-2013" AND "THE COMPENSATION PLAN FOR FISCAL YEAR 2012- 2013", AND DECLARING AN EMERGENCY, BE APPROVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ADJOURNMENT Mayor Insalaco called for a motion. Councilmember Barker MOVED THAT THE SPECIAL MEETING BE ADJOURNED AT 7 . 04 P M. Vice Mayor Dietz SECONDED THE MOTION. The meeting was adjourned at 7 : 04 p m. ACCEPTED THIS 21ST DAY OF AUGUST, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF AUGUST, 2012 . SPECIAL MEETING OF THE CITY COUNCIL AUGUST 7, 2012 PAGE 3 OF 4 �. '`` JOHN S . INSALACO Mayor ATTEST: p KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the City Council of the City of Apache Junction, Arizona, held on the 7th day of August, 2012 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 8th day of August, 2012 . './et71.. h ffr---A-H.Z/Ze;- KATHLEEN CONNELLY City Clerk p SPECIAL MEETING OF THE CITY COUNCIL AUGUST 7, 2012 PAGE 4 OF 4 Wtai X. �, ci'y of Apache Junc;on � E � o Nome of the Superstition Mountains M Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: August 21, 2012 Agenda Type : Regular Agenda Council Priority Focus Area Budgeted Operational Item TITLE OF AGENDA ITEM: Consideration of revised employment agreement with Presiding Magsitrate ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: The mayor and council, in concert wtih Judge Hazel, have revised various terms of his employment agreement which requires approval by a majority of the council. FISCAL IMPACT: OPTIONS/ ALTERNATIVES: '19ECOMMENDATION. ATTACHMENTS: Click to download D contract EMPLOYMENT AGREEMENT WITH PRESIDING MAGISTRATE THIS AGREEMENT is made and entered into this day of , 2012 by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation (hereinafter "City") and JAMES W. HAZEL, JR., Presiding City Magistrate (hereinafter "Contract Employee"), sometimes collectively referred to as the "Parties", each of whom understand as follows: RECITALS A. On December 15, 2008, Contract Employee and City entered an initial employment agreement for Presiding Magistrate services. B. City desires to continue the employment relationship with Contract Employee and Contract Employee desires to continue providing Presiding Magistrate services to City. C. It is the continuing desire of the City Council to: (1) maintain the services of Contract Employee and to provide inducement for Contract Employee to remain in such employment; (2) to make possible full work productivity by assuring Contract Employee's morale and peace of mind with respect to future security; (3) to guard against malfeasance or dishonesty for personal gain on the part of the Contract Employee; and (4) to provide a just means for terminating Contract Employee's services at such time as Contract Employee may be unable fully to discharge Contract Employee's duties or when City may desire otherwise to terminate Contract Employee's employ. D. The Parties mutually desire to amend this employment agreement with certain modified terms and conditions. AGREEMENT p NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION 1. DUTIES Council hereby agrees to employ Contract Employee as the Presiding Magistrate of the City to perform the functions and duties specified in the Apache Junction City Code, Volume I, Section 5-1-4 and as required by law of the State of Arizona, including state statutes and/or rules and administrative orders of the Arizona Supreme Court. SECTION 2. TERM A. The Term of this agreement and appointment of Contract Employee as Presiding Magistrate shall be retroactive from July 1, 2012 through June 30, 2015. Contract Employee shall continue to have formal authority to act as Presiding City Magistrate under the terms of this Agreement and such terms shall continue until the agreement is terminated or is otherwise renewed. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Council to terminate the services of Contract Employee as provided by State law. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Contract Employee to resign at any time from employment of City, subject only to the provisions set forth in Section 3 of this Agreement. D. Contract Employee agrees to remain in the exclusive employ of the City during the contract period and neither accept nor become employed by any other employer until contract termination, except that Contract Employee may engage in part-time teaching at a college or university level. SECTION 3. TERMINATION A. In the event Contract Employee voluntarily resigns his position before expiration of the aforesaid Term, Contract Employee shall provide City written thirty (30) calendar day advance notice, or such advance notice as may otherwise be mutually agreed upon by the Parties. .-. B. In the event Contract Employee is terminated by council action or should the City Council choose not to renew Contract Employee's contract upon said contract's expiration, City will pay as partial contractual compensation severance pay to Contract Employee in an amount equal to three (3) months salary. C. Contract Employee shall not receive any severance award if Contract Employee: 1. voluntarily resigns from his position or requests that he not be considered for reappointment, or 2. is removed by City Council action for specific allegations of malfeasance or misfeasance, which may include, but not be limited to: 2 (a) willful and wanton misconduct in office; (b) performance of an illegal act. 3. is terminated by City Council action before the expiration of the contract term for only the following reasons: (a) willful and wanton misconduct in office; (b) performance of an illegal act; (c) death or incapacitation. SECTION 4. SALARY AND ANNUAL PERFORMANCE EVALUATION A. City agrees to pay Contract Employee for his services rendered pursuant hereto at an annual base salary of One Hundred Five Thousand Dollars and Zero Cents ($105,000) and any cost of living increases or base wage adjustments received by other career employees over the Term hereafter. Payment of said salary shall be made at the same time and manner as other employees are paid. City agrees to pay as additional compensation the severance pay provided for by Section 3 of this Agreement subject to the conditions contained in said Section. The Parties both agree they will not seek a change of salary during the Term of this Agreement. B. Contract Employee shall be evaluated annually, to be completed no later than June 1 of each year this Agreement is in effect. The evaluations shall be conducted in accordance with the performance standards as determined by the City Council for said purposes, considering among other items standard for trial judges as established by the Commission on Judicial Performance Review .. of the Arizona Supreme Court. Nothing in this provision is to be construed as creating either a promise or expectation of reappointment or contract renewal, and it is understood by Contract Employee that any reappointment or renewal would be a matter left to the unconditional discretion of the City Council of the City of Apache Junction. SECTION 5. HOURS OF WORK; VACATION; SICK LEAVE; PERSONAL DAYS A. Hours Monday - Friday. Contract Employee shall not work less than an average of forty (40) hours per week except when a court holiday occurs or when on leave approved by the Mayor. In the event Contract Employee is required to work more than forty (40) hours in a week, Contract Employee shall not be compensated for any additional time. 3 B. Weekend Hours. Contract Employee will provide magistrate services every other weekend and may utilize pro-tern magistrates on alternative weekends to provide for magistrate services. Contract Employee shall establish the schedule for weekend coverage within thirty (30) calendar days of the start of this agreement. C. Holidays. Contract Employee shall be entitled to such City holidays or State holidays as required by law. If need dictates that Contract Employee work a City holiday, Contract Employee is entitled to exchange a normal workday for the purpose of having a day off. D. Vacation. Contract Employee shall on an annual basis accrue Two Hundred (200) hours of vacation leave which shall be credited on December 15`h each year this Agreement is in effect. Contract employee shall be allowed to accrue vacation leave beyond the limits of the Personnel Rules. The Parties agree that upon execution of this Agreement, City will distribute to Contract Employee a total of 563 hours at the salary rate in effect on June 30, 2012 of$48.07693 per hour, as follows: 187.67 hours on January 15, 2013 187.67 hours on January 15, 2014 187.66 hours on January 15, 2015 Any other vacation leave in excess of 125 hours will be paid out on January 15th of each year the agreement is in effect, at the salary rate in effect at time of payment. E. Sick Leave. Contract Employee shall on an annual basis accrue Ninety- Six (96) hours or Twelve (12) days of sick leave. F. Personal Days. For each calendar year this Agreement is in effect, Contract Employee may use Sixty Four (64) hours for personal business, none of which shall accrue nor shall be reported to City's Human Resources Division or Finance Department as "time-off". G. Hours of Work. It is recognized that Contract Employee must devote a large amount of time outside traditional business hours to the business of the City. Contract Employee shall be permitted to adjust his work schedule as he deems appropriate, so long as he is available and the judicial administration of the City is not harmed. 4 edil SECTION 6. PROFESSIONAL DEVELOPMENT A. City hereby agrees to budget and to pay the travel and subsistence expenses of Contract Employee for professional and official travel, meetings and occasions adequate to continue the State Supreme Court required or recommended professional development of Contract Employee. B. City also agrees to budget and to pay for travel and subsistence expenses of Contract Employee for short courses, institutes and seminars which are necessary for professional development and for the good of City, subject to the Mayor's determination as to what is necessary. C. City agrees to pay professional dues and association dues, which are necessary for participation in national, regional, state and local professional associations, or are reasonably related for the maintenance of professional credentials, or for reasonable professional development, subject to the Mayor's determination as to what is necessary. SECTION 7. OTHER TERMS AND CONDITIONS A. The City Council shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Contract Employee, provided such terms and conditions are not inconsistent with or conflict with the provisions of this Agreement, the Apache Junction City Code, Arizona Revised Statutes, or any other statute, ordinance or regulation. B. City shall pay on behalf of Contract Employee all family premiums for dependent health/dental/vision insurance annualized per pay period on a fiscal year basis, and such benefits shall be covered at the most `^ beneficial tier option that the City's insurance providers make available for employees. C. Unless otherwise negotiated within this Agreement, all action taken by Council relating to fringe benefits for employees in the executive ranges shall be considered actions granting the same benefits to Contract Employee. The term "fringe benefits" include vacation, sick leave, holidays, retirement, life and long-term disability insurance, except however, in the case of life and long-term disability insurance, City shall pay such premiums at no cost to Contract Employee. Contract Employee shall be covered by the City's insurance for errors and omissions. D. City shall provide on behalf of Contract Employee a family membership to the Multi-Generation Center of Apache Junction. 5 E. ICMA 401(A) Profit Sharing Plan. During each Fiscal Year this Agreement is in effect, City shall contribute on behalf of Employee Five Thousand Two Hundred Fifty Dollars ($5,250.00) into the ICMA 401(A) Profit Sharing Plan. Employee shall be vested in all contributions at the time the City deposits its first contribution into the Plan on behalf of the Employee. Nothing in this paragraph restricts additional Employee contributions into the ICMA 401(A) Profit Sharing Plan. SECTION 8. GENERAL PROVISIONS A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Contract Employee. C. If any provisions or any portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. SECTION 9. NOTICES Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, or through overnight carrier service, addressed as follows or as such address may be changed from time to time upon notice to the other: City. Mayor John Insalaco .•� City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85219 Contract Employee: James W. Hazel, Jr. P.O. Box 9060 Apache Junction, Arizona 85178 SECTION 10. ASSIGNMENT This Agreement is not assignable by either City or Contract Employee. IN WITNESS WHEREOF, City and Contract Employee have caused this Agreement to be executed the day and year first above written. 6 CONTRACT EMPLOYEE Ig'] Date mes W. Hazel, Jr. CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Date John S. Insalaco, Mayor ATTEST. Kathleen Connelly, City Clerk APPROVED AS TO FORM: 4v- Q 7I A Richard J. Stern, City Attorney 7 o GO of Apache Jun; ion z Horne of the Superstition Mountains 1ZON0' M Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: August 21, 2012 Agenda Type : Regular Agenda Council Priority Focus Area TITLE OF AGENDA ITEM. Consideration of the Electric Transportation Engineering Corporation (dba ECOtality North America) electric vehicle charging stations agreement ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION. In 2009 and again in 2010, ECOtality was awarded a multimillion dollar grant from the U S Department of Energy to embark on the "EV Project." This ambitious project entails the deployment of approximately 14,000 electric vehicle charging systems in eighteen major cities and metropolitan areas located in six states and the District of Columbia. Approximately two years ago, city staff made it known to ECOtality of its interest to participate and on June 5, 2012 was offered at no cost four level 2 pedestal chargers along with the installation at the city's Muligenerational Recreation Center FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download 0 Memo to Council L] Agreement �ti ti Public Woi ks Department ary 1444 , J Home of the Superstition Mountains qR O14. Date' August 9, 2012 To Mayor and Members of the City Council Through George Hoffman, City Manager Giao Pham, Interim Public Works Director From Shane Kiesow, Public Works Manager Subject EV Project Charging Pedestals In 2009 and 2010, ECOtality was awarded a multimillion dollar grant from the U S Department of Energy to embark on the "EV Project " This ambitious project entails the deployment of approximately 14,000 electric vehicle charging systems in eighteen major cities and metropolitan areas located in six states and the District of Columbia Approximately two years ago, City staff made it known to ECOtality of its interest to possibly participate and on June 5, 2012 was offered the gift of four level 2 pedestal chargers along with the installation at the City's Multigenerational Recreation Center. City staff discussed this item with City Council on July 16, 2012 The finalized license agreement incorporating staff and City Council changes is supplied to assist the consideration of approval 575 E Baseline Avenue, Apache Junction. AZ 85119 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 LICENSE AGREEMENT THIS LICENSE AGREEMENT (this "Agreement") is made effective as of , 2012, between City of Apache Junction an Arizona municipal corporation (the "Licensor"), and Electric Transportation Engineering Corporation, dba ECOtality North America, an Arizona corporation, and its successors and assigns ("Licensee") (collectively the"Parties") RECITALS: A The Licensor is the fee owner of certain real properties more particularly described on the attached Exhibit A (collectively"Licensor's Properties"), specific portions of which will be licensed to Licensee pursuant to this Agreement which licensed portions are described and depicted on the attached Exhibit B (collectively the"Licensed Premises") B Licensee is the owner of the Electric Vehicle Supply Equipment and Software, and related signage (collectively the"EVSE") C The United States Department of Energy ("DOE") has provided funding through the American Recovery and Reinvestment Act ("ARRA") to accelerate the development and production of electric vehicles ("EVs") in order to reduce petroleum consumption in the United States D For the use of EVs to expand drivers of EVs will require access to sufficient publicly available Electric Vehicle Supply Equipment ("EVSE") stations exist to provide for convenient re-charging of EVs in locations remote from the drivers' homes E To encourage the development and use of EVs the DOE is supporting the development of a large publicly available EV charging infrastructure in several cities in the United States, through a program known as the "EV Project," which will provide EVSE units at publicly available locations in the United States F. Pursuant to the EV Project, Licensee has received a grant from DOE (the "DOE Grant") to install EVSEs and to collect data relating to public use of the EVSEs The data collected from publicly available EVSE and EV Project participants will be analyzed to determine vehicle use and charging patterns in a variety of topographies and climate conditions, to evaluate the effectiveness of the charge infrastructure deployed under the EV Project, and to support the future deployment of EV infrastructure in other regions G Licensor has a long-standing commitment to resource conservation and has been an active participant in energy conservation, energy efficiency and environmental preservation and is committed to protecting the environment and providing a sustainable future for its residents H Licensor is interested in the outcome of the studies and other efforts being undertaken by Licensee as part of the DOE Grant, including the extent to which EVSEs on the Licensed Premises would affect energy use by Licensor and the use of EVs by members of the public Licensee desires to obtain from Licensor certain rights over, under and across Licensor's Property for the purpose of installing, maintaining, operating and removing the EVSE to facilitate Licensee's implementation of the DOE Grant Municipal License Agreement Page 1 of 13 Rev'd Date 5 1 12 CONFIDENTIAL&PROPRIETARY ANN o . AGREEMENT NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows 1 The License Licensor hereby grants to Licensee a revocable license to use and occupy the Licensed Premises (the "License"), on the terms and conditions stated in this Agreement, to install, maintain, and operate the EVSE for the purpose of implementing the DOE Grant 1 1 Limited, Nonexclusive Rights This License is a revocable, nonexclusive, and non- possessory authorization for Licensee to enter upon and use the Licensed Premises solely for the purposes described in § 1 3 on the terms and conditions stated herein Licensee may not use the Licensed Premises for any other purpose or in any other manner without Licensor's prior written consent. This License in no way restricts Licensor's use or conveyance of the Licensed Premises, any interest therein, or any improvements thereon, or Licensor's use of the Licensed Premises in any manner not inconsistent with the License This License is not intended to create or convey to Licensee an interest in real property, and may not be recorded without Licensor's prior written permission 12 Rights of Others. Nothing in this License may be construed as Licensor's representation, warranty, approval, or consent regarding rights in the Licensed Premises held by other parties, and Licensee is responsible for ascertaining the rights of all third parties in the Licensed Premises and obtaining their consent to the activities described in this License as necessary or appropriate Licensee agrees to obtain, at its sole expense, such other licenses, permits, consents and agreements as may be required to address the rights of others by other appropriate agreements, easements, privileges or other rights, whether recorded or unrecorded, and shall make its own arrangements with holders of such prior rights 1 3 Scope of License, Permitted Uses During the term of this Agreement Licensee shall have reasonable access to the Licensed Premises for the limited purpose of installing, maintaining, using, operating, repairing, and removing the EVSE Licensee may not use the EVSE located on the Licensed Premises for any purpose other than to provide for EV charging, for both privately owned and car share fleet vehicles, and to collect data relating to the use of the EVSE 1.4 Condition of Premises Licensee agrees to accept the Licensed Premises "As Is," without warranty of any kind, express or implied Licensee acknowledges that Licensor is not obligated to construct or install any improvements or facilities of any kind on the Licensed Premises Licensee must use commercially reasonable efforts to maintain the Licensed Premises and any EVSE installed on the Licensed Premises in a condition satisfactory to the Licensor, including the removal from the EVSE and from any areas that are inaccessible to Licensor of graffiti and other unsightly, dangerous or offensive conditions and must not cause or permit any generation of hazardous waste During the term of this Agreement Licensor will cooperate with Licensee to implement appropriate, mutually agreed upon procedures to assure that the Licensed Premises are maintained in a condition that is satisfactory to both Licensor and Licensee 1 5 Condition of Licensee's EVSE. During the term of this Agreement Licensee must maintain the EVSE in a reasonable, safe and operable condition at all times when the EVSE is installed on Licensor's Property Licensor will have no right or responsibility to repair, maintain, or operate the EVSE Licensor will cooperate with Licensee to implement appropriate, mutually agreed upon measures to assure that the EVSE is maintained in operable condition and that if the EVSE is damaged or becomes inoperable that Licensee is promptly notified Licensee will repair or replace, at Licensee's option and at Licensee's sole expense, the EVSE or parts or components thereof as Licensee deems necessary and appropriate Licensee will not be responsible for the condition of the EVSE after the expiration or termination of this Agreement Municipal License Agreement Page 2 of 13 Rev'd Date 5 1 12 CONFIDENTIAL&PROPRIETARY 1 6 Environmental Hazards. Licensees agrees not to use or store, or permit to be used stored, on the Licensed Premises, gasoline or petroleum products, hazardous or toxic substances or inflammable materials, herbicides, pesticides, fungicides, algaecides Licensee may not engage in the production, location, transportation, storage, treatment, discharge, disposal, or release upon or under the Licensed Premises of any substance regulated under any local, state or federal environmental protection law or regulation 1.7. Waste, Nuisance Licensee shall not commit or suffer to be committed any waste or impairment of the Licensed Premises and covenants that it shall not do, nor permit to .+. be done, on or about the Licensor's Properties any acts which may be a nuisance 1 8 Compliance with Laws In the exercise of any privilege granted by this License, Licensee must comply with all applicable State, municipal and local laws, and the rules, orders, regulations and other legal requirements, including laws and regulations relating to occupational safety and health and environmental protection, and all orders, writs, judgments, injunctions, decrees or awards of any court or governmental authority with jurisdiction over Licensee or the Licensed Premises Licensee must obtain promptly and maintain in effect throughout the term of the License all licenses, permits, authorizations, registrations, rights and franchises necessary to conduct the actions required or permitted by the License Furthermore, Licensee will not encourage or permit any use in or upon the Licensed Premises, or any part thereof, in violation of any applicable laws, statutes, rules or regulations of any federal, state or local authority. 1 9 Compliance with Licensor Requirements Any use made of the Licensed Premises pursuant to this License, and any construction, maintenance, repair, or other work performed thereon by the Licensee, including the installation and removal of any article or thing, shall be accomplished in a manner satisfactory to the Licensor, to include installation and replacement costs and associated labor 1 10 Structures Licensee may not place or construct upon, over or under the Licensed Premises any installation or structure of any kind or character, except such as are specifically authorized herein or in writing signed by Licensor 1 11 Alterations, Damage, Restoration. No alterations may be made by Licensee to the Licensed Premises without first obtaining the prior written consent of Licensor and, if applicable, any other person or entity having an interest in or right to use or occupy the Licensed Premises Licensee will bear the costs and expenses, up to a maximum of $_2,250 00_ per pedestal EVSE or $_$1,500 00 per wall mount EVSE, associated with performing any such alterations, including, without limitation, costs of construction and any increased operating costs resulting from such alterations Except as may be otherwise provided in this Agreement, Licensee may not alter, destroy, displace or damage any of Licensed Premises or any neighboring property in the exercise of the privileges granted by this Agreement without the prior written consent of Licensor and any other affected landowner, and the express agreement of Licensee promptly to replace, return, repair and restore any such property to a condition satisfactory to Licensor and any other affected landowner upon demand, and at Licensee's sole cost and expense 1 12 Operation and use of EVSE Licensee must confine activities on the Licensed Premises strictly to those necessary for the enjoyment of the privilege hereby licensed, and must refrain from marring or impairing the appearance of the Licensed Premises, obstructing access thereto, interfering with the transaction of Licensor's business and the convenience of the public, or jeopardizing the safety of persons or property, or causing justifiable public criticism 1 13 Equipment/Access Revenue Licensor acknowledges that Licensee is providing the initial EVSE to the site as part of a no-cost pilot program and Licensee intends to collect revenues from the EVSE Municipal License Agreement Page 3 of 13 ReJd Date 5 1 12 CONFIDENTIAL&PROPRIETARY 1 14 Expense. Except as provided in § 1.11, any cost, expense or liability connected with or in any manner incident to the granting, exercise, enjoyment, or relinquishment of this License will be assumed and paid or discharged by the Licensee Such costs shall include, but shall not be limited to, costs to install or remove the EVSE, costs to install electricity or other power supplies to serve and operate the EVSE, and costs to keep the EVSE free of graffiti and debris. 1.15. Assignment Licensee may not assign this License nor sub-license all or any portion of the Licensee's right to use and occupy the Licensed Premises, and any purported assignment or sub-license by Licensee is void This License does not confer on or convey to Licensee any possessory interest in the Licensed Premises, any right to exclusive possession or occupancy of the Licensed Premises, or any right of quiet enjoyment The privileges granted to Licensee by this Agreement are personal to Licensee and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express and written consent of Licensor 1 16 Responsibility for Others. Licensee will be responsible for the conduct and discipline of its employees, contractors, subcontractors, Invitees, licensees, and other persons entering upon or using the Licensed Premises pursuant to this Agreement 1.17. Subordination This Agreement and the License granted herein Is subject and subordinate to the terms of all ground leases, superior leases, mortgages, deeds of trust, other security instruments, and any other prior rights and matters of record now or hereafter affecting Licensor's interest in Licensed Premises 2 Term of License The License and rights granted by this Agreement will become effective as of , 2012 (the "Commencement Date") and unless otherwise agreed in a writing signed by both Parties will automatically expire and terminate upon the conclusion of the EV Project,which is currently scheduled for December 31, 2013("Expiration Date") 3 Consideration for License As consideration for the License and the use of electricity used for the charging of EVs using EVSEs located on the Licensed Premises, Licensee agrees to pay the sum of $1 00 upon execution of this Agreement In addition, Licensee will provide Licensor reports and other information relating to the License and the use of the EVSEs, including data collected from or relating to the use of EVSE's on the Licensed Premises, provided, however, that Licensee will not be required to and will not provide to Licensor any information that is proprietary or confidential 4 Surrender; Removal of the EVSE On the expiration or any earlier termination of this Agreement, Licensee shall vacate the Licensed Premises and surrender possession of the __ Licensed Properties to Licensor 4 1 Licensor's Option to Retain the EVSE upon Expiration of the Term. Upon the expiration of the Term, Licensor, in its sole and absolute discretion, may elect to retain the EVSE Licensor shall notify Licensee in writing delivered to Licensee not less than thirty (30) days prior to the expiration of this Agreement, whether Licensor desires to retain the EVSE on some or all of the Licensed Premises If Licensor fails to deliver such written notice within such thirty (30) day period, Licensor will be deemed to have elected to retain the EVSE at the Licensed Premises If Licensor elects to retain the EVSE installed at some or all of the Licensed Premises, Licensor shall become entitled to acquire from Licensee all rights, title, and interest in and to such EVSE at no additional cost, and Licensee agrees to execute and deliver to Licensor such documents as Licensor may reasonably request to evidence the transfer of title 4 2 Removal of the EVSE by Licensee upon Expiration of the Term If Licensor elects not to retain the EVSE at the Properties, Licensee shall remove (at Licensee's sole cost and expense) any or all of the EVSE, and must restore the Licensed Premises to a safe and reasonable condition, as more specifically described in § 4 4 hereof Should the Licensor elect to continue ECOtality Blink Network and EVSE support, following the Municipal License Agreement Page 4 of 13 Rev'd Date 5 1 12 CONFIDENTIAL&PROPRIETARY Term or earlier termination thereof, such additional services shall be subject to a new written agreement to be entered into between the Parties. 4 3 Removal of the EVSE by Licensor If Licensor timely notifies Licensee of Licensor's election to have Licensee remove the EVSE from the Licensed Premises, Licensee will promptly remove the EVSE and restore the condition of Licensed Premises as provided in §4 4 4 4 Restoration Upon expiration or termination of the License and removal of the EVSE Licensee will, at Licensee's sole expense and to Licensor's satisfaction, restore the 4.0114. affected portions of the Licensed Premises (surface and subsurface) to a safe condition, with the electricity to the Charger installation locations capped, the breakers turned off, and the Charger anchor/mounting bolts cut flush/removed 5 Termination 5 1 Without Cause This Agreement may be terminated by Licensee in writing to the Licensor, without cause, at any time and for any reason, including the termination of the EV Project or a reduction in EV Project funding, whereupon the Parties shall be fully released from their respective duties, rights, obligations and liabilities under this Agreement except as provided below 5 2 With Cause This Agreement may be terminated in writing by either party for cause if either party violates any term of this Agreement and fails to cure the same within ten (10) days of receiving written notice of such default Upon such termination of this Agreement for cause, as its sole and exclusive remedy, Licensee shall have the right, but not the obligation, to disable or remove (at its sole cost and expense) any or all of the EVSE installed at the Location and terminate services to Licensor's In the event that Licensee does not elect to remove the EVSE within thirty (30) days following such termination, the EVSE shall be deemed abandoned by Licensee and Licensor shall possess all rights, title and interest in and to the same 6 Use of the EVSE by Licensor 6 1 Software License During the term of this Agreement, Licensee grants to the Licensor a non-exclusive and non-transferable license, to use Licensee's software in the form in which it is embedded in the EVSE on the delivery date for use in conjunction with other parts of the EVSE on the condition that the EVSE shall be used for its intended purpose only Nothing contained in this Section shall be construed as an assignment or transfer of any copyright, design right or other intellectual property rights in such software, all of which rights are owned by the Licensee 6.2. Limitation of Licensee's Liability Licensee makes no warranty or representation, expressed, implied, oral or statutory, to the Licensor or any third party, with respect to the Software or the EVSE, including, without limitation, any warranty, condition or representation (a) of merchantability, fitness for a particular purpose, satisfactory quality, or arising from a course of dealing, usage, or trade practice, (b) that the products will be free from infringement or violation of any rights, including intellectual property rights of third parties, or (c) that the operation of any software supplied will be uninterrupted or error free 7 Indemnification Licensee shall indemnify, defend, save and hold harmless the Licensor and its officers, officials, agents, and employees from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims") for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Licensee or any of its owners, officers, directors, agents, employees or contractors, arising out of or related to Licensee's occupancy and use of the Licensed Premises It is the specific intention of the Parties that the Licensor shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Licensor, be indemnified by Licensee from and Municipal License Agreement Page 5 of 13 Redd Date 5 1 12 CONFIDENTIAL&PROPRIETARY against any and all claims. It is agreed that Licensee will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable In consideration for the use and occupancy of the Licensed Premises, the Licensee agrees to waive all rights of subrogation against the Licensor, its officers, officials, agents and employees for losses arising from the use, occupancy or condition of the Licensed Premises NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ANY CLAIMS FOR DAMAGES BY EITHER PARTY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ACTUAL RECOVERIES UNDER SUCH PARTY'S INSURANCE POLICIES 8 Insurance Requirements Licensee shall procure and maintain for the duration of the License, insurance against claims for injury to persons or damage to property which may arise from or in connection with the License Licensee in no way warrants that the minimum limits contained herein are sufficient to protect the Licensor from liabilities that might arise out of the License. Licensor is free to purchase such additional insurance as Licensee determines necessary 8 1 1 Minimum Scope and Limits of Insurance Licensee shall provide coverage with limits of liability not less than those stated below An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements 8 1 2 Commercial General Liability—Occurrence Form Policy shall include bodily injury, property damage and broad form contractual liability coverage • General Aggregate $10,000,000 The policy shall be endorsed to include the following additional insured language "The Licensor shall be named as an additional insured with respect to liability arising out of the use and/or occupancy of the property subject to this License" 81.3. Additional Insurance Requirements The policies shall include, or be endorsed to include, the following provisions a On insurance policies where the Licensor is named as an additional insured, the Licensor shall be an additional insured to the full limits of liability purchased by the Licensee even if those limits of liability are in excess of those required by this Agreement b The Licensee's insurance coverage shall be primary insurance and non- contributory with respect to all other available sources .� 8 1 4 Notice of Cancellation For each insurance policy required by the insurance provisions of this Agreement, the Licensee must provide to the Licensor, within 30 business days of receipt, a notice if a policy is suspended, voided or cancelled for any reason 8 1 5 Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authorized to do business in the state and with an "A M Best" rating of not less than B+ VI. The Licensor in no way warrants that the above-required minimum insurer rating is sufficient to protect the Licensee from potential insurer insolvency. 8 1 6 Verification of Coverage Licensee shall furnish the Licensor with certificates of insurance (ACORD form or equivalent approved by the Licensor) as required by this Agreement The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf All certificates and any required endorsements are to be received and approved by the Licensor before the License commences Each insurance policy required by this Lease must be in effect at or prior to commencement of this License and remain in effect for the duration of the License. Failure to maintain Municipal License Agreement Page 6 of 13 Rev'd Date 5 1 12 CONFIDENTIAL&PROPRIETARY the insurance policies as required by this License or to provide evidence of renewal is a material breach of contract 9 Notices All notices or other communications required or permitted to be provided pursuant to this License must be in writing and may be hand delivered, sent by United States Mail, postage prepaid, or delivered by a nationally recognized courier service Any notice will be deemed to have been given when delivered if hand delivered, when received if sent by courier, or forty-eight (48) hours following deposit in the United States Mail Notices shall be addressed as follows To Licensor Company City of Apache Junction Attn Shane Kiesow Title Public Works Manager Address 575 E Baseline Ave City, State, Zip Apache Junction, AZ 85119 Fax Number 480-982-8005 To Licensee: Electric Transportation Engineering Corporation dba ECOtality North America Attn Legal Department Address 430 S 2nd Avenue City, State, Zip Phoenix, AZ 85003-2418 Fax Number 602-443-9007 10 Interpretation The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement When a reference is made in this Agreement to a Section, such reference shall be to a Section of this Agreement unless otherwise indicated 11 Entire Agreement This Agreement and the exhibits and schedules referenced or attached hereto constitute the entire agreement between the Parties with respect to the subject matter hereof and shall supersede all prior agreements, understandings and negotiations, both written and oral, between the Parties with respect to the subject matter hereof. This Agreement is not intended to confer upon any Person other than the Parties hereto any rights or remedies hereunder 12 Severability Each of the Parties 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, or City Code), 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, Municipal License Agreement Page 7 of 13 Rev'd Date 5 1 12 CONFIDENTIAL&PROPRIETARY instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed 13 Information Subject to applicable law and privileges, each Party hereto covenants with and agrees to provide to the other Party all information regarding itself and transactions under this Agreement that the other Party reasonably believes is required to comply with all applicable federal, state, county and local laws, ordinances, regulations and codes 14 Further Agreements The Parties shall execute or cause their applicable affiliates to execute such additional agreements between the Parties and/or their respective affiliates as may be reasonably necessary to effectuate the intent of this Agreement. 15 Binding Effect This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective legal representatives and successors, and nothing in this Agreement, express or implied, is intended to confer upon any other Person any rights or remedies of any nature whatsoever under or by reason of this Agreement This Agreement may be amended at any time by mutual consent of Licensor and Licensee, evidenced by an instrument in writing signed on behalf of each of the Parties 16 Amendment and Modification This Agreement may be amended, modified or supplemented only by a written agreement signed by all of the Parties hereto 17 Failure or Indulgence Not Waiver; Remedies Cumulative No failure or delay on the part of either Party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty or agreement herein, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available 18 Authority Each of the Parties represent to the other Party that (a) it has the corporate or other requisite power and authority to execute, deliver and perform this Agreement, (b) the execution, delivery and performance of this Agreement by it have been duly authorized by all necessary corporate or other actions, (c) it has duly and validly executed and delivered this Agreement and (d)this Agreement is its legal, valid and binding obligation, enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights generally and general equity principles. 19. Third Party Beneficiaries None of the provisions of this Agreement shall be for the benefit of or enforceable by any third party, including any creditor of any Person No such third party shall obtain any right under any provision of this Agreement or shall by reasons of any such provision make any claim in respect of any liability (or otherwise) against either Party hereto Notwithstanding the foregoing, it is understood that the Licensee's rights hereunder shall inure to the benefit of Licensee's affiliates and their officers, directors and employees 20 Default, Remedies. The actual or prospective failure of either party to satisfy any material obligation under this Agreement, and the breach of any material representation or warranty stated in this agreement, will be an event of default If a party's default continues without cure for thirty(30) days after delivery of a written notice of default in the manner provided in Section 9, the other party will be entitled to terminate this Agreement for cause, and to all other remedies available at law or in equity, including damages and specific performance The rights and remedies set forth in this agreement are not intended to be exhaustive and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently exist in law or equity or by statute or otherwise. Failure or delay by the Licensor to exercise any right, power or privilege will not be deemed a waiver thereof 21 Attorney's Fees. If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in connection with any controversy arising out of this Agreement or to interpret or enforce any rights under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred 22. Confidentiality and Data Secunty Personal identifying information, financial account information, or restricted Licensor information. whether electronic format or hard cony must be secured and Municipal License Agreement Page 8 of 13 Rev'd Date 5 1 12 CONFIDENTIAL&PROPRIETARY protected at all times to avoid unauthorized access At a minimum, Licensee must encrypt and/or password-protect electronic files This includes data saved to laptop computers, computerized devices or removable storage devices When personal identifying information, financial account information, or restricted Licensor information, regardless of its format, is no longer necessary, the information must be redacted or destroyed through appropriate and secure methods that ensure the information cannot be viewed, accessed, or reconstructed In the event that data collected or obtained by the Licensee in connection with this Agreement is believed to have been compromised, Licensee shall notify the Licensor immediately Licensee agrees to reimburse the Licensor for any costs incurred by the Licensor to investigate potential breaches of this data and, where applicable, the cost of notifying individuals who may be impacted by the breach Licensee agrees that the requirements of this Section shall be incorporated into all subcontractor/subconsultant agreements entered into by the Licensee It is further agreed that a violation of this Section shall be deemed to cause irreparable harm that justifies injunctive relief in court A violation of this Section may result in immediate termination of this Agreement without notice The obligations of Licensee under this Section shall survive the termination of this Agreement 23 Data Collection for DOE Grant Purposes During the Term of this Agreement Licensor will allow Licensee reasonable access to the EVSE, the Licensed Premises, and existing sources of electrical energy as reasonably necessary to enable Licensee to collect and transmit data regarding public use of the EVSE as may be required by the DOE Grant 24 Miscellaneous Time is of the essence with respect to the performance of every provision of this Agreement in which time of performance is a factor Except as expressly provided herein to the contrary, when a Party is required to do something by this Agreement, it shall do so at its sole cost and expense without right of reimbursement from the other Party Whenever one Party's consent or approval is required to be given as a condition to the other Party's right to take any action pursuant to this Agreement, unless another standard is expressly set forth, such consent or approval shall not be unreasonably withheld, conditioned or delayed. 25 Counterparts This Agreement may be executed in separate counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same agreement 26 Governing Law and Venue The terms and conditions of 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 Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county In the event either party shall bring suit to enforce any term of Agreement or to recover any damages for and on account of the breach of any term or condition in Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including reasonable attorneys'fees to be determined by the court in such action. 27 Conflicts of Interest The provisions of Arizona Revised Statutes Annotated §38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this Agreement 28 Charger Offset ECOtality will provide Licensor with fifty percent (50%) of the revenue received by ECOtality from charger access fees at the Licensed Premises to offset Licensor's cost of hosting the chargers ("Charger Offset") The Charger Offset will be paid quarterly within thirty (30) days of the end of each calendar quarter ECOtality will establish a baseline (minimum) consumer cost for charger access (in minutes or hours), which ECOtality may, from time-to-time, adjust Municipal License Agreement Page 9 of 13 Rev'd Date 5 1 12 CONFIDENTIAL&PROPRIETARY IN AGREEMENT, each of the Parties hereto has caused this Agreement to be duly executed as of the day and year first set forth above LICENSOR LICENSEE: City of Apache Junction a municipal corporation Electric Transportation Engineering Corporation dba ECOtality North America By By Name Name Title Title Date Date Municipal License Agreement Page 10 of 13 Rev'd Date 5 1 12 CONFIDENTIAL&PROPRIETARY r" r � � EVSE Pedestal for " �` �ti,s4 ti,x fr ��� 7, fC ,' r fr f ;„ r YTS` total of 3 .► +y' e r (.q , + "�� .„. •; F ♦ �r\ �. Y,� wit, x �Iry as r�,v 5 � `', I .• t ` u 'I. 1, ., l` �r :1.,.• I7 1.{.:.-,N. I,.` '� d �e e,r� "` " 1 • 1...— t ra, r iJ� 1,�i �4' EVSE1Pedestal.for ' �i �" ADA Parking 5 qaf' t x: �rh, n iii Lam!, � li I � r 4��y N�e L G 1 �,�,g j z 1 u4ri,'4, `' h9 '� ulra$F� 45g,'' e.—_i$1 '� `r.% � r,�yg j •����I ax`:; i _1 h. � , / I '.=_s - ; ma tl1• 11'`$. e i. 'Y' i a ^ IMP'' t I ! - �'" �7` �° '' .��AR s: die ' I I p '# � aP o ro t AL-. �, , y a 3v r 1 '' 1C)35'N altlaho Rd A acheJunctldn 'F ��` '� ..P �, AZ�851� 9,}U,SA e. :, ' titt '• i 1•••' .• '- - '''.2.';'.;"-:..."'":.;-'..:':57i••.,.;',... .;4:•'•';', ' i,"' 1 \ , -,„.,', • ., ^-7..•t.",... gt r, I ,, t o.. 77�r'w ,� tx + i. 6i�, `' yrf �'y� �\\ w } P .X.e71 +73'rl..t.,;:,:"�n"t {' :I�i k) '3 a 1r3 1.. �,r ( • . `.zr\ y �}}t.,� � i- 1 v 1}�1 . W 444... :,-,pc., i:i" _� °„fl W' .t..: <`y, rye _ F. ' ''11 *6: - cc oIe earth f 500 A . ._ 100 Elec Panel v Location , CC s ry a N rl oa Wr1 J U in Q J N Z no p -c v Z cJc EXHIBIT A: Description of Licensor's Properties NOTE This Exhibit A may be amended from time to time to add or delete properties Location No. Property Address Assessor's Parcel No. 1035 N Idaho Rd,Apache Junction AZ 85119 100-01-003 ,40114, Municipal License Agreement Page 12 of 13 Rev'd Date 5 1 12 CONFIDENTIAL&PROPRIETARY ... p EXHIBIT B: Description and/or Depiction of Licensed Premises Location No 1 [Insert metes and bounds or other narrative description, size, etc] Four Level 2 Pedestal Charging Stations PE-Kic units would be installed in the North parking Lot of the MFultiGenerational Center, See diagram attached as Exhibit B-1 Location No. 2 [Insert metes and bounds or other narrative description, size, etc] See diagram attached as Exhibit B-1 ppg oVie f :•- ye Municipal License Agreement Page 13 of 13 Revd Date 5 1 12 CONFIDENTIAL&PROPRIETARY ROLL CALL VOTE NOTES: aaiMin ill ) Oji 034 (.0)Ytk1 7 < ITEM # MEETING OF �, MOTION BY i SECONDED BY: 1JJt, 4J¼J YES NO ABSTAINED COUNCILMEMBER EVANS VICE MAYOR DIETZ COUNCILMEMBER WALDRON VI COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL �,� CONSENT AGENDA ITEMS NO. 1-5 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT APPROVAL BE GIVEN FOR THE REVISED EMPLOYMENT AGREEMENT WITH THE PRESIDING MAGISTRATE RETROACTIVE TO JULY 1, 2012 THROUGH JUNE 30, 2015; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT; AND THAT THE LICENSE AGREEMENT BETWEEN ELECTRIC TRANSPORTATION ENGINEERING CORPORATION AND THE CITY OF APACHE JUNCTION FOR FOUR LEVEL 2 PEDESTAL ELECTRIC VEHICLE CHARGERS AT NO COST TO THE CITY FROM JUNE 5, 2012 THROUGH DECEMBER 31, 2013, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. gi ACkf✓G f . 4 i yea Go of Apach_ e„unction Home of•the S'uperrtition Mountains Print TO: City Manager's Office FROM: Councilmember Jeff Serdy DATE: August 21, 2012 Agenda Type • Regular Agenda Council Priority Focus Area TITLE OF AGENDA ITEM PRESENTATION BY COUNCILMEMBER SERDY ON THE 2012 ARIZONA OFFICE OF TOURISM. GOVERNOR'S TOURISM AWARD, TOURISM SPIRIT OF SERVICE TO THE LATE GARY MULHOLLAND ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: Councilmember Serdy will present Mrs Mulholland the Governor's Spirit of Service Award which was awarded posthumously to her late husband Gary Mulholland. FISCAL IMPACT. PTIONS /ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available Amok. Ade\ 1.4 CzO of Apache Junction U 2 Home of the Superstition Mountains Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: August 21, 2012 kgenda 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 RESOLUTION NO. 12-11, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN CONESTOGA ROAD AND CORTEZ ROAD AND CONESTOGA ROAD BETWEEN SECOND AVENUE AND FOURTH AVENUE ARE NO LONGER NECESSARY FOR PUBLIC USE 2. Will SENIOR PROJECT ENGINEER EMILE SCHMIDT 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. Ok AA ACHE • ✓Gyp • CZOt of Apache Junction z Nome of the Superstztzorz Mountains �pizolo' Print TO: City Manager's Office FROM: Emile Schmid, Senior Project Engineer, on behalf of Giao Pham, Interim Public Works Director DATE: August 21, 2012 Agenda Type : Regular Agenda Council Priority Focus Area• Community Development TITLE OF AGENDA ITEM. PROPOSED RESOLUTION NO 12-11. DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN CONESTOGA ROAD AND CORTEZ ROAD AND CONESTOGA ROAD BETWEEN SECOND AVENUE AND FOURTH AVENUE ARE NO LONGER NECESSARY FOR PUBLIC USE. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Staff seeks council approval on an extinguishment of roadway easements on Third Avenue between Conestoga Road and Cortez Road and Conestoga Road between Second Avenue and Fourth Avenue Staff has reviewed the submittal and has no technical objections since the use of the federal patent easements are not feasible or needed Resolution No 12-11 extinguishes the above noted easements for public roadway and right-of-way purposes. FISCAL IMPACT: Budgetary Approval Not Required ,PTIONS / ALTERNATIVES: RECOMMENDATION: Approval ATTACHMENTS: Click to download 0 Memo to Council D Resolution No. 12 11 .pAGNF 41 �4 y Public Works Department r.5 0524, 9e}0457eXezefftew Home of the Superstition Mountains A RIZON Date. July 26, 2012 To. Honorable Mayor and Members of the City Council Through. George Hoffman, City Manager From. Giao Pham P E , Interim Public Works Director Subject. Extinguishment of Federal Patent Easements Third Avenue between Conestoga Road and Cortez Road Conestoga Road between Second Avenue and Fourth Avenue Proposed Resolution No. 12-11 Federal Patent Easements (FPE's) are one means whereby property is accessed by our citizens in portions of Apache Junction FPE's were established as a means to provide public roadway access to Federal Patent parcels, and to mitigate the need of local government to acquire right-of-way to provide access to otherwise landlocked parcels FPE's are typically a total of 66 feet in width with 33 feet on each side of common parcel lines. Third Avenue between Conestoga Road and Cortez Road and Conestoga Road between Second Avenue and Fourth Avenue has never been opened for public use or maintained by the City. The road is classified as local roadway In addition, the FPE's do not provide access to any parcels which would be landlocked in the event of extinguishment. Area transportation would not be adversely affected by an extinguishment of these portions of roadway easements. Mr. and Ms Randall Stump filed an application for the extinguishment on Third Avenue and Conestoga Road The application included a support petition signed by Billie Coy, Virginia Kelly, and Donald Dickerman, the adjacent property owners, who also desires the extinguishment. The property owners desire the use of the 33 feet for reduction of setbacks and feel that additional roads are unnecessary at that location. 575 E Baseline Avenue, Apache Junction AZ 85119 • Voice (480)982-1055 • Fax (480) 982-8005 it RESOLUTION NO 12-11 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE FROM CONESTOGA ROAD TO CORTEZ ROAD AND CONESTOGA ROAD FROM SECOND AVENUE TO FOURTH AVENUE, AND DESCRIBED IN EXTINGUISHMENT CASE EX- . .. 12-11, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction, upon incorporation, became the holder of roadway easements as described in Docket 169 Page 566, originally conveyed February 1957, Federal Patent Number 1169016, originally conveyed June 1938, Federal Patent Number 1178151, originally conveyed December 1957, and Federal Patent Number 82321, originally conveyed May 1958, for public roadway purposes over certain parcels of real property and more particularly described in Exhibit A and depicted in Exhibit B; and WHEREAS, such easements may be extinguished by local municipal government pursuant to A R. S . § 9-500 .24 and § 28- 7214; and WHEREAS, the City of Apache Junction Street Circulation and Access Study recommends extinguishment of said public roadway easements; and WHEREAS, on February 21, 2012 the Applicant paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on April 5, 2012, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Apache Junction Fire District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Salt River Project, Arizona Water Company, Mediacom, Superstition Mountains Community Facilities District No. 1, Centurylink, Southwest Gas, the Development Services Director, the Public Safety Director, and the Apache Junction Fire District; and Resolution No. 12-11 Page 1 of 2 eN WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an establishedpublic roadwayor easement connectingsuch lands with another public roadway or easement, and WHEREAS, the City Engineer has determined that the easements in question, because of their location, topography, and encroachments, have no or de minimis public value. enS NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS. 1 . The Mayor and City Council of the City of Apache Junction find that the roadway easements described in Exhibit A, and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway right-of-way purposes. 2 . Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 . SIGNED AND ATTESTED TO THIS DAY OF , 2012 JOHN S INSALACO Mayor ATTEST: it KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney Resolution No 12-11 Page 2 of 2 EXHIBIT A PARCEL 1 (Adjacent to parcel 103-04-017B & parcel 103-04-030) The East thirty-three feet (33' ) of the West half of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, EXCEPT the North thirty-three feet (33' ) and the South thirty- three fee (33' ) THEREOF, PARCEL 2 (Adjacent to parcel 103-04-016A, parcel 103-04-031A & parcel 103-04-031B) The West thirty-three feet (33' ) of the East half of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty-three feet (33' ) and the South thirty- three fee (33' ) THEREOF; PARCEL 3 (Adjacent to parcel 103-04-016A, parcel 103-04-016B) The South thirty-three feet (33' ) of the North half of the East half of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East thirty-three feet (33' ) THEREOF; otalk PARCEL 4 (Adjacent to parcel 103-04-031A) The North thirty-three feet (33' ) of the South half of the East half of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East thirty-three feet (33' ) THEREOF; Resolution No. 12-11 EXHIBIT "B" I I I I I I I I I I I I 1 L - - - - - - _J I I - - - - I I SECOND AVENUE /7 7 1 1 1 1 1 1 33' I 1 66' 1 33' !f 017A 017B 016A 016 B < I 0I 0 1 1 1 , 1 66' I _ _J I L - - 1 33' I THIRD tiW/ / 1 - - - - / 1 I— 33' —0-/ 33' — 1 1 1 I 1 I 33 031A 11 l Z I 030 l w 1 21 I96 I cKI /8)/' 0 0 co 031B 0 33'1 1 - I L - - - - / - - - - I I — FOURTH— — — — — AVENUE t 26B SURROUNDING PARCELS --- ROAD CENTERLINE i//// PROPOSED to EXTINGUISHMENT z EX-12-11 2012-0718 RCS ROLL CALL VOTE NOTES A\ elmik ITEM # MEETING OF $ vr 0/ \ ` 111 MOTION BY SECONDED BY. r YES NO ABSTAINED i COUNCILMEMBER WALDRON +� i COUNCILMEMBER EVANS V COUNCILMEMBER SERDY COUNCILMEMBER WILSON 1i VICE MAYOR DIETZ vf� MAYOR INSALACO V UNANIMO!JS IN FAVOR OPPOSED ABSTAINED TOTAL V ITEM NO. 8 I MOVE THAT RESOLUTION NO 12-11, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE FROM CONESTOGA ROAD TO CORTEZ ROAD AND CONESTOGA ROAD FROM SECOND AVENUE TO FOURTH AVENUE, AND DESCRIBED IN EXTINGUISHMENT CASE EX-12-11, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, (BE APPROVED) OR(BE DENIED) PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 12-13,DECLARING THAT A PORTION OF DEDICATED ROADWAY ON KACHINA AVENUE LOCATED EAST OF CACTUS STREET IS NO LONGER NECESSARY FOR PUBLIC USE 2. Will SENIOR PROJECT ENGINEER EMILE SCHMIDT 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. Ci Apache Junciion Z s of Home of the Superstmon_Mountains Print TO: City Manager's Office FROM: Emile Schmid, Senior Project Engineer, on behalf of Giao Pham, Interim Public Works Director DATE: August 21, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM• PROPOSED RESOLUTION NO. 12-13. DECLARING THAT A PORTION OF DEDICATED ROADWAY ON KACHINA AVENUE LOCATED EAST OF CACTUS STREET IS NO LONGER NECESSARY FOR PUBLIC USE ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Staff seeks council approval on a city initiated vacation of dedicated roadway on Kachina Avenue East of Cactus Street. This vacation, if approved, would assist in alleviating the loitering issues affecting the abutting property owners In addition, the right-of-way does not provide access to any parcels which would be landlocked in the event of the vacation FISCAL IMPACT: Budgetary Approval Not Required OPTIONS / ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download O Memo to Council L] Resolution No. 12-13 :ACH Public Works Department 0 r+9e,e,otar .,•freyite74,-ai- v z ;,.rstiOf Home of the Superstition Mountains 4 - •N Date. July 26, 2012 To. Honorable Mayor and Members of the City Council Through. George Hoffman, City Manager From• Giao Pham P.E., Interim Public Works Director Subject. Vacation of Dedicated Roadway A portion of Kachina Avenue East of Cactus Street inside Palm Springs Unit 2 Proposed Resolution No 12-13 A portion of Kachina Avenue, located East of Cactus Street inside of Palm Springs Unit 2, is dedicated right of way with a width of 50 feet Per Arizona Revised Statutes, the vacation of City owned dedicated right of way requires a public sale and compensation in an amount the City feels commensurate with the current market value of the property Per the statute requirement, a sixty day notification of public sale was posted along the roadway and advertised for the minimum number of consecutive days in a local newspaper. Purchase offers were received, and the purchase offers from the abutting property owners was selected as the offers exceeded the minimum valuation. Per Arizona Revised Statutes and City Code, abutting property owners have preference rights at sale for vacated right of way if they meet the valuation minimum. This portion of Kachina Avenue has never been opened for public use or maintained by the City In addition, the right of way does not provide access to any parcels which would be landlocked in the event of vacation. Furthermore, area transportation would not be adversely affected. 575 E Baseline Avenue, Apache Junction. AZ 85119 • Voice (480)982-1055 • Fax (480)982-8005 Am. RESOLUTION NO. 12-13 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN DEDICATED PUBLIC RIGHT-OF-WAY, BEING A PORTION OF KACHINA AVENUE EAST OF CACTUS STREET INSIDE THE PALM SPRINGS UNIT 2 SUBIDIVISION AND DESCRIBED IN VACATION CASE NO 12-13, ARE .•. NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND ARE HEREBY VACATED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction became the fee simple owner of the right-of-way by Final Plat of Palm Springs Unit 2 subdivision on October 1956, as recorded at the office of the Pinal County Recorder in Docket 1978-000343, and more particularly described in Exhibit A and depicted in Exhibit B; and WHEREAS, the parcel owners of APN 102-03-252 and APN 102- 03-251 desire to vacate the portion between both parcels dedicated thirty-three foot right-of-way along Kachina Avenue from Cactus Street to approximately one hundred eighty feet east to the east boundary of the Palm Springs Unit 2 Subdivision; and WHEREAS, pursuant to ARS § 28-7204 and Apache Junction City Code § 13-2-4, the City may sell and convey the land within a roadway by quitclaim deed after a sixty (60) day notice of sale; and WHEREAS, pursuant to ARS § 28-7204 and § 28-7205, as well as Apache Junction City Code § 13-2-4, abutting property owners have preference rights for purchasing adjacent vacated right-of- way; and WHEREAS, pursuant to ARS § 28-7208, vesting of title is subject to the giving of consideration to the governing body from the owner of the abutting property owner in an amount deemed by the governing body to be commensurate with the value of the vacated roadway; and WHEREAS, pursuant to ARS § 28-7208, the City Engineer estimates market value of the dedicated portion of Kachina Avenue to be $920, taking into consideration the degree of fragmentation, drainage mitigation, encroachments and obstructions, and other public benefits; and WHEREAS, two purchase offers were submitted to the office of the City Clerk within the sixty day sale notification period, RESOLUTION NO. 12-13 Page 1 of 3 emN ems both by the abutting property owners in the amounts of $465, which exceeds half of the market valuation of the City Engineer; and WHEREAS, the City Engineer recommends acceptance of the two purchase offers in the amount of $465 for a total of $930 from the abutting property owners; and WHEREAS, the vacation, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement, and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on February 13, 2012, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Apache Junction Fire District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Southwest Gas, the Public Safety Director and Development Services; and no response was received from Salt River Project, Arizona Water Company, Mediacom, Superstition Mountain Community Facilities District, the Apache Junction Fire District, and Century Link. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS. 1 . The Mayor and City Council of the City of Apache Junction find that the dedicated Kachina Avenue roadway described in /'1 Exhibits A, and depicted in Exhibits B for each of the abutting parcels, is classified as a local street on the Street Classification Plan and is no longer necessary for roadway purposes and is hereby abandoned and vacated for public roadway purposes 2 . The title to the vacated roadway shall vest in the abutting property owner upon receipt of payment in the amount described above, and staff is authorized to execute any and all documents necessary to complete the transfer of ownership of the roadway. 3 . Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. RESOLUTION NO. 12-13 Page 2 of 3 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 . SIGNED AND ATTESTED TO THE DAY OF , 2012 . JOHN S . INSALACO Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J. STERN City Attorney RESOLUTION NO. 12-13 Page 3 of 3 EXHIBIT A VACATION PARCEL (Adjacent to parcel 102-03-251) A parcel of land lying within the plat of subdivision of PALM SPRINGS UNIT 2, recorded in Book 8 of Maps, page 3, records of Pinal County, Arizona, more particularly described as follows: BEGINNING at the Northeast corner of Lot 410 of said plat; thence South 89 degrees 58 minutes 38 seconds West, 159. 96 feet, along the North line of said Lot 410 to a point of curvature; thence along the Northwesterly line of said Lot 410, along a curve to the left having a tangent of 20. 00 feet, a radius of 19.97 feet, a central angle of 90 degrees 05 minutes 56 seconds and an arc length of 31.an feet, to a point on the Easterly right-of-way line of Cactus Street (formerly known as 3rQ Street on said plat) ; thence North 00 degrees 07 minutes 18 seconds West, 45 .00 feet, along a line 25.00 feet East of and parallel with the centerline of said Cactus Street, to a point on the centerline of Kachina PN Drive (formerly known as Kalina Drive on said plat) ; thence North 89 degrees 58 minutes 38 seconds East, 180.00 feet, along said centerline to a point on the East line of said plat; thence South 00 degrees 01 minutes 22 seconds East, 25.00 feet, along said East line to the POINT OF BEGINNING. Containing 4,585 sq.ft. gross, more or less. ' oLAN9 .a.,/ g211773/{ 0 } JAI)S�YF+}L)(S-('A \i i1 I:L.TV{1 1 R V j -t.e0"lA U '' \' Jag ti(Z-OSp4 EXHIBIT B NOT TO SCALE 253 LOT 412 LOT 411 164 25' 25' 252 I I-- LOT 324 N KACHINA N DR. N • 25' - 180 Q ;n N � ��3 159.96' LOT 342 l 25' Ap. 182 I 0 251 U LOT 410 I 25' LOT 409 .� r l� 249A IRO do �45 LAND %v „ofICA GAL at 40 j a � a `N 251 ASSESSOR'S PARCEL NUMBER HEWITT q�, LOT NO PER PALM SPRINGS UNIT 2 �A,,� LOT 41 Q BOOK 8 OF MAPS, PAGE 3 FAA��o►vA-USP �,� — ROAD CENTERLINE /RES 3-3\ // // ROADWAY VACATION JOB NO. 12-0504 / + PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 12-14,EXTINGUISHING A PORTION OF PUBLIC ROADWAY EASEMENTS LOCATED ON BOWMAN ROAD BETWEEN ELEVENTH AVENUE AND TWELFTH AVENUE ARE NO LONGER NECESSARY FOR PUBLIC USE,AND PROPOSED RESOLUTION NO. 12-15 VACATING A PORTION OF BOWMAN ROAD BETWEEN TWELFTH AVENUE AND ELEVENTH AVENUE AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY 2. Will SENIOR PROJECT ENGINEER EM!LE SCHMIDT speak to the Council9 3. Will the applicant or spokesperson please speak to the Council on this item9 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. �- of.Cite Apache Junction Home of•the Superstition Mountains '4,01zoi4 t' Print TO: City Manager's Office FROM: Emile Schmid, Senior Project Engineer, on behalf of Giao Pham, Interim Public Works Director DATE: August 21, 2012 Agenda Type • Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM PROPOSED RESOLUTION NO 12-14, EXTINGUSIHING A PORTION OF PUBLIC ROADWAY EASEMENTS LOCATED ON BOWMAN ROAD BETWEEN ELEVENTH AVENUE AND TWELFTH AVENUE ARE NO LONGER NECESSARY FOR PUBLIC USE, AND, PROPOSED RESOLUTION NO. 12-15 VACATING A PORTION OF BOWMAN ROAD BETWEEN TWELFTH AVENUE AND ELEVENTH AVENUE AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION• Staff seeks council approval on a city initiated extinguishment and vacation of dedicated roadway on Bowman Road between Eleventh Avenue and Twelfth Avenue. This extinguishment and vacation, if approved, would alleviate multiple permanent structure encroachment issues along the Bowman Road alignment In addition, the extinguishment portion as well as the vacation of dedicated roadway would not leave any parcels landlocked FISCAL IMPACT: Budgetary Approval Not Required .OPTIONS /ALTERNATIVES: RECOMMENDATION: Approval ATTACHMENTS: Click to download ❑ Memo to Council ❑ Memo to Council ❑ Resolution No. 12-14 ❑ Resolution No. 12-15 •ACH :if ti Public Works Department 04, r",„,„„ , I i 'IC, Home of the Superstition Mountains 4 -I OW Date. July 26, 2012 To. Honorable Mayor and Members of the City Council Through. George Hoffman, City Manager From. Giao Pham P E , Interim Public Works Director Subject Extinguishment of Federal Patent Easement Bowman Road between Twelfth Avenue and Eleventh Avenue Proposed Resolution No. 12-14 Federal Patent Easements (FPE's) are one means whereby property is accessed by our citizens in portions of Apache Junction FPE's were established as a means to provide public roadway access to Federal Patent parcels, and to mitigate the need of local government to acquire right-of-way to provide access to otherwise landlocked parcels. FPE's are typically a total of 66 feet in width with 33 feet on each side of common parcel lines The resolution to vacate that portion of Bowman Road which is dedicated right of way, Resolution 12-15, is being brought before the Mayor and City Council in conjunction with Resolution 12-14, in which the remaining portions of Bowman Road (Federal Patent Easements) between Twelfth Avenue and Eleventh Avenue are recommended for extinguishment Bowman road,from Twelfth Avenue to Eleventh Avenue has never been opened for public use or maintained by the City. The roadway is classified as a local roadway. In addition,the FPE ,^ does not provide access to any parcels which would be landlocked in the event of extinguishment. Furthermore, area transportation would not be adversely affected. The interim Public Works Director, in desiring to alleviate the multiple permanent structure encroachment issues along the Bowman Road alignment, initiated a vacation and extinguishment of the roadway easements along the alignment from Twelfth Avenue to Eleventh Avenue 575 E Baseline Avenue, Apache Junction AZ 85119 • Voice (480) 982-1055 • Fax(480) 982-8005 .p.CHRv 4 2 Public Works Department O r+9e -trvi e a7,7/ Home of the Superstition Mountains 4RIZON Date. July 26, 2012 To: Honorable Mayor and Members of the City Council Through. George Hoffman, City Manager From Giao Pham P E , Interim Public Works Director Subject. Vacation of Dedicated Roadway Bowman Road between Twelfth Avenue and Eleventh Avenue Proposed Resolution No 12-15 A portion of Bowman Road, located between Twelfth Avenue and Eleventh Avenue, is dedicated right of way with a width of 33' The entire length of Bowman Road between Twelfth Avenue and Eleventh Avenue is recommended for extinguishment and vacation by the Public Works Director The resolution to vacate that portion of Bowman Road which is dedicated right of way, Resolution 12-15, is being brought before the Mayor and City Council in conjunction with Resolution 12-14, in which the remaining portions of Bowman Road (Federal Patent Easements) between Twelfth Avenue and Eleventh Avenue are recommended for extinguishment. Per Arizona Revised Statutes, the vacation of City owned dedicated right of way requires a public sale and compensation in an amount the City feels commensurate with the current market value of the property, taking into account degree of fragmentation, drainage issues, and encroachments Per the statute requirement, a sixty day notification of public sale was posted along the roadway and advertised for the minimum number of consecutive days in a local newspaper. Purchase offers were received, and the purchase offer from the abutting property owner was selected as the offer exceeded the minimum valuation. Per Arizona Revised Statutes and City Code, abutting property owners have preference rights at sale for vacated right of way if they meet the valuation minimum. Bowman Road, from Twelfth Avenue to Eleventh Avenue has never been opened for public use or maintained by the City. The roadway is classified as a local roadway. In addition, the FPE does not provide access to any parcels which would be landlocked in the event of extinguishment Furthermore, area transportation would not be adversely affected The interim Public Works Director, in desiring to alleviate safety concerns and vegetation maintenance efforts along the Bowman Road alignment, initiated a vacation and extinguishment of the roadway easements along the alignment from Twelfth Avenue to Eleventh Avenue 575 E Baseline Avenue, Apache Junction. AZ 85119 • Voice (480)982-1055 • Fax (480) 982-8005 RESOLUTION NO 12-14 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON BOWMAN ROAD BETWEEN TWELFTH AVENUE AND ELEVENTH AVENUE, AND DESCRIBED IN EXTINGUISHMENT CASE EX-12-14, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY ,— EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction, upon incorporation, became the holder of roadway easements as described in Docket 161 Page 408, originally conveyed September 1956, and Docket 1997-040976, originally conveyed November 1997, for public roadway purposes over certain parcels of real property and more particularly described in Exhibit A and depicted in Exhibit B; and WHEREAS, the parcel owner of APN 103-19-014G desires to extinguish the easterly thirty-three foot federal patent easement and vacate the westerly thirty-three foot right-of-way of the south half and extinguish the westerly thirty-three foot federal patent easement of the north half along Bowman Road from Twelfth Avenue to Eleventh Avenue; and WHEREAS, such easements may be extinguished by local municipal government pursuant to A.R. S . § 9-500 .24 and 28-7214; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4 (A) , the Director of Public Works recommends the extinguishment Agol of said public roadway easements; and WHEREAS, the City of Apache Junction Street Circulation and Access Study recommends extinguishment of said public roadway easements; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on April 5, 2012, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Apache Junction Fire District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Southwest Gas, the Public Safety Director and Development Services; and no response was received from Salt River Project, Resolution No 12-14 Page 1 of 3 ROLL CALL VOTE NOTES: 1,/t `1)/i/ Y V L1 g (1/ ITEM # i MEETING OF \,t3) jq./ MOTION BY. SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR DIETZ �l COUNCILMEMBER EVANS ✓/ COUNCILMEMBER WILSON V COUNCILMEMBER WALDRON C I B F," MAYOR INSALACO UNANIMO IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 9 I MOVE THAT RESOLUTION NO 12-13,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN DEDICATED PUBLIC RIGHT-OF-WAY, BEING A PORTION OF KACHINA AVENUE EAST OF CACTUS STREET INSIDE THE PALM SPRINGS UNIT 2 SUBDIVISION AND DESCRIBED IN VACATION CASE NO. 12-13, ARE NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND ARE HEREBY VACATED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, (BE APPROVED) OR(BE DENIED). Arizona Water Company, Mediacom, Superstition Mountain Community Facilities District, the Apache Junction Fire District, and Century Link. WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the City Engineer has determined that the easements in question, because of their location, topography, and encroachments, have no or de minimis public value. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS : 1 . The Mayor and City Council of the City of Apache Junction find that the Bowman Road roadway easements described in Exhibit A, and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway right-of-way purposes . 2 . Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. Resolution No. 12-14 Page 2 of 3 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 . SIGNED AND ATTESTED TO THIS DAY OF , 2012 . JOHN S . INSALACO ,d.� Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J STERN City Attorney Resolution No. 12-14 Page 3 of 3 /Mk Ilk EXHIBIT A PARCEL 1 (Adjacent to parcel 103-19-014A & parcel 103-19-014E) The East thirty-three feet (33' ) of the South half of the East half of the South half of the Southwest quarter of the Northeast quarter of the Northwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty-three feet (33' ) THEREOF; PARCEL 2 (Adjacent to parcel 103-19-016D) The West thirty-three feet (33' ) of the South half of the East half of the South half of the Southwest quarter of the Northeast quarter of the Northwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the North thirty-three feet (33' ) and the South thirty- three feet (33' ) THEREOF. EXHIBIT "B" i1 i I I I I I I I I I I I , J 1 L _ _ - - —J 1 L - - - _J I L TENTH AVENUE I I I I I I I I I I ' , I 012C 013 0 ' Q ' < I ° 0 I I I I I I I I I I I I J ' L - - - - - - I ` 33'- - _J I L ELEVENTH I — _AVENUE_ — — 1 I —1 I j / 7 I r 4/ I T 66' I I 014B I 016D I oI ID I Cl) I U ` W 014G0 I I I r, 33 I I j I // I I L - - I 0# — 33' - - - - II L TWELTH _ — AVENUE _ _ t 26B SURROUNDING PARCELS --- ROAD CENTERLINE ////� PROPOSED `n EXTINGUISHMENT z EX-12-14 2012-0718 RCS RESOLUTION NO. 12-15 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN DEDICATED PUBLIC RIGHT-OF-WAY, BEING A PORTION OF BOWMAN ROAD BETWEEN TWELFTH AVENUE AND ELEVENTH AVENUE AND DESCRIBED IN VACATION CASE NO. 12-15, ARE NO LONGER NECESSARY FOR PUBLIC Amok, USE AS A ROADWAY AND ARE HEREBY VACATED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction became the fee simple owner of the right-of-way Warranty Deed on November 12, 1997, as recorded at the office of the Pinal County Recorder in Docket 1997-040976, and more particularly described in Exhibit A and depicted in Exhibit B; and WHEREAS, the parcel owner of APN 103-19-014G desires to extinguish the easterly thirty-three foot Federal patent easement and vacate the westerly thirty-three foot right-of-way of the south half and extinguish the westerly thirty-three foot federal patent easement of the north half along Bowman Road from Twelfth Avenue to Eleventh Avenue; and WHEREAS, pursuant to ARS § 28-7204 and Apache Junction City Code § 13-2-4, the City may sell and convey the land within a roadway by quitclaim deed after a sixty (60) day notice of sale; and WHEREAS, pursuant to ARS § 28-7204 and § 28-7205, as well as Apache Junction City Code § 13-2-4, abutting property owners have preference rights for purchasing adjacent vacated right-of- way, and WHEREAS, pursuant to ARS § 28-7208, vesting of title is subject to the giving of consideration to the governing body from the owner of the abutting property owner in an amount deemed by the governing body to be commensurate with the value of the vacated roadway; and WHEREAS, pursuant to ARS § 28-7208, the City Engineer estimates market value of the dedicated portion of Bowman Road to be $445, taking into consideration the degree of fragmentation, drainage mitigation, encroachments and obstructions, and other public benefits; and WHEREAS, one purchase offer was submitted to the office of the City Clerk within the sixty day sale notification period, by RESOLUTION NO 12-15 Page 1 of 3 the abutting property owner in the amounts of $475, which exceeds the market valuation of the City Engineer; and WHEREAS, the City Engineer recommends acceptance of the purchase offer in the amount of $475 from the abutting property owner; and WHEREAS, the vacation, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on April 5, 2012, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Apache Junction Fire District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Southwest Gas, the Public Safety Director and Development Services; and no response was received from Salt River Project, Arizona Water Company, Mediacom, Superstition Mountain Community Facilities District, the Apache Junction Fire District, and Century Link. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : 1 . The Mayor and City Council of the City of Apache Junction find that the dedicated Bowman Road roadway described in Exhibit A, and depicted in Exhibit B, is classified as a local street on the Street Classification Plan and is no longer necessary for roadway purposes and is hereby abandoned and vacated for public roadway purposes . 2 . The title to the vacated roadway shall vest in the abutting property owner upon receipt of payment in the amount described above, and staff is authorized to execute any and all documents necessary to complete the transfer of ownership of the roadway. 3 . Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. RESOLUTION NO. 12-15 Page 2 of 3 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 SIGNED AND ATTESTED TO THE DAY OF , 2012 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 12-15 Page 3 of 3 EXHIBIT A VACATION PARCEL (Adjacent to parcel 103-19-014G) The East 33 .00 feet of the South half of the East half of the South half of the Southwest quarter of the Northeast quarter of the Northwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the South 33. 00 feet thereof. 4/ 21773 cy f O i 1.\\ JAMES A. \ 1 HEWITT 9 i J8 t2-oS63 tt it { /1\ EXHIBIT B NOT TO SCALE Q1 L013 015A _ — 133'133' — 014A I � z 33' 01 6 D (03 33' 014G r 133'L 12th tv,3 r AVE. - - - - - - - - - 7 33'133' - - 019A 018E O ICA D(.7 SG . coe a ��� ,� � 014G ASSESSOR'S PARCEL NUMBER HEWITf Ai - ROAD CENTERLINE gyp.. 1� //// ROADWAY VACATION F4A Za1+A U /RES JOB NO. 12-0503 ROLL C L VOTE NOTES: 4 /I 1 l? 11/ 1op). � � �d V Orr 1 0 %/II/11/ ITEM # t MEET G OF MOTION BYcjp SECONDED BY: \ - IU5-) YES NO ABSTAINED O El COUNCILMEMBER WALDRON / COUNCILMEMBER WILSON ✓ COUNCILMEMBER EVANS VICE MAYOR DIETZ COUNCILMEMBER SERDY ili MAYOR INSALACO V UNANIMQ(IS IN FAVOR OPPOSED ABSTAINED V TOTAL City Council Regular Session August 21, 2012 7 :00pm Roadway Extinguishments Right-of-Way Vacations : Resolution Nos . 12- 11, 1213, 12- 14, & 12- 15 Supplemental Information Public Works Department ON ON RESOLUTION NO 12-13 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN DEDICATED PUBLIC RIGHT-OF-WAY, BEING A PORTION OF KACHINA AVENUE EAST OF CACTUS STREET INSIDE THE PALM SPRINGS UNIT 2 SUBDIVISION AND DESCRIBED IN VACATION CASE NO 12-13, ARE NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND ARE HEREBY VACATED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY WHEREAS, the City of Apache Junction became the fee simple owner of the right-of-way by Final Plat of Palm Springs Unit 2 subdivision on October 1956, as recorded at the office of the Pinal County Recorder in Docket 1978-000343, and more particularly described in Exhibit A and depicted in Exhibit B; and WHEREAS, the parcel owners of APN 102-03-252 and APN 102- 03-251 desire to vacate the portion between both parcels, a dedicated fifty foot right-of-way along Kachina Avenue from Cactus Street to approximately one hundred eighty feet east to the east boundary of the Palm Springs Unit 2 Subdivision; and WHEREAS, pursuant to ARS § 28-7204 and Apache Junction City Code § 13-2-4, the City may sell and convey the land within a roadway by quitclaim deed after a sixty (60) day notice of sale; and WHEREAS, pursuant to ARS § 28-7204 and § 28-7205, as well as Apache Junction City Code § 13-2-4, abutting property owners have preference rights for purchasing adjacent vacated right-of- way; and WHEREAS, pursuant to ARS § 28-7208, vesting of title is subject to the giving of consideration to the governing body from the owner of the abutting property owner in an amount deemed by the governing body to be commensurate with the value of the vacated roadway; and WHEREAS, pursuant to ARS § 28-7208, the City Engineer estimates market value of the dedicated portion of Kachina Avenue to be $920, taking into consideration the degree of fragmentation, drainage mitigation, encroachments and obstructions, and other public benefits; and WHEREAS, the portion of right-of-way to be vacated shall be divided in half, resulting in two parcels to be sold, and RESOLUTION NO. 12-13 Page 1 of 3 Ask Ask WHEREAS, two purchase offers were submitted to the office of the City Clerk within the sixty day sale notification period by the abutting property owners, each in the amount of $465, one offer for each half of the right-of-way, and WHEREAS, the sum total of the offers received exceeds the market valuation of the City Engineer of the portion of right- of-way to be vacated, and WHEREAS, the City Engineer recouwtends acceptance of the two purchase offers, each in the amount of $465 for a total of $930 from the abutting property owners; and WHEREAS, the vacation, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on February 13, 2012, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Apache Junction Fire District, as well as affected public utility providers, and WHEREAS, no opposition statements were received from Southwest Gas, the Public Safety Director and Development Services; and no response was received from Salt River Project, Arizona Water Company, Mediacom, Superstition Mountain Community Facilities District, the Apache Junction Fire District, and Century Link. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: 1 . The Mayor and City Council of the City of Apache Junction find that the dedicated Kachina Avenue roadway described in Exhibits A, and depicted in Exhibits B for each of the abutting parcels, is classified as a local street on the Street Classification Plan and is no longer necessary for roadway purposes and is hereby abandoned and vacated for public roadway purposes 2 . The title to the vacated roadway shall vest in the abutting property owner upon receipt of payment in the amount described above, and staff is authorized to execute any and RESOLUTION NO. 12-13 Page 2 of 3 RESOLUTION NO 12-14 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON BOWMAN ROAD BETWEEN TWELFTH AVENUE AND ELEVENTH AVENUE, AND DESCRIBED IN EXTINGUISHMENT CASE EX-12-14, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY WHEREAS, the City of Apache Junction, upon incorporation, became the holder of roadway easements as described in Docket 161 Page 408, originally conveyed September 1956, and Docket 1997-040976, originally conveyed November 1997, for public roadway purposes over certain parcels of real property and more particularly described in Exhibit A and depicted in Exhibit B, and WHEREAS, the parcel owner of APN 103-19-014G desires to extinguish the easterly thirty-three foot Federal patent easement and extinguish the westerly thirty-three foot Federal patent easement of the north half along Bowman Road from Twelfth Avenue to Eleventh Avenue, and WHEREAS, such easements may be extinguished by local municipal government pursuant to A.R. S. § 9-500.24 and 28-7214; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4 (A) , the Director of Public Works recommends the extinguishment of said public roadway easements; and WHEREAS, the City of Apache Junction Street Circulation and Access Study recommends extinguishment of said public roadway easements; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on April 5, 2012, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Apache Junction Fire District, as well as affected public utility providers, and WHEREAS, no opposition statements were received from Southwest Gas, the Public Safety Director and Development Services, and no response was received from Salt River Project, Arizona Water Company, Mediacom, Superstition Mountain Community Resolution No. 12-14 Page 1 of 3 ON z ON RESOLUTION NO 12-15 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN DEDICATED PUBLIC RIGHT-OF-WAY, BEING A PORTION OF BOWMAN ROAD BETWEEN TWELFTH AVENUE AND ELEVENTH AVENUE AND DESCRIBED IN VACATION CASE NO. 12-15, ARE NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND ARE HEREBY VACATED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction became the fee simple owner of the right-of-way Warranty Deed on November 12, 1997, as recorded at the office of the Final County Recorder in Docket 1997-040976, and more particularly described in Exhibit A and depicted in Exhibit B; and WHEREAS, the parcel owner of APN 103-19-014G desires to vacate the westerly thirty-three foot right-of-way of the south half along Bowman Road from Twelfth Avenue to Eleventh Avenue; and WHEREAS, pursuant to ARS § 28-7204 and Apache Junction City Code § 13-2-4, the City may sell and convey the land within a roadway by quitclaim deed after a sixty (60) day notice of sale; and WHEREAS, pursuant to ARS § 28-7204 and § 28-7205, as well as Apache Junction City Code § 13-2-4, abutting property owners have preference rights for purchasing adjacent vacated right-of- way; and WHEREAS, pursuant to ARS § 28-7208, vesting of title is subject to the giving of consideration to the governing body from the owner of the abutting property owner in an amount deemed by the governing body to be commensurate with the value of the vacated roadway; and WHEREAS, pursuant to ARS § 28-7208, the City Engineer estimates market value of the dedicated portion of Bowman Road to be $445, takinginto consideration the degree of g fragmentation, drainage mitigation, encroachments and obstructions, and other public benefits; and WHEREAS, one purchase offer was submitted to the office of the City Clerk within the sixty day sale notification period, by the abutting property owner in the amount of $475, which exceeds the market valuation of the City Engineer, and RESOLUTION NO. 12-15 Page 1 of 3 f ITEM NO. 10 I MOVE THAT RESOLUTION NO. 12-14,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON BOWMAN ROAD BETWEEN TWELFTH AVENUE AND ELEVENTH AVENUE, AND DESCRIBED IN EXTINGUISHMENT CASE EX-12-14, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND /', FUTURE PUBLIC RIGHT-OF-WAY, (BE APPROVED) OR(BE DENIED); AND THAT RESOLUTION NO. 12-15, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, DECLARING THAT CERTAIN DEDICATED PUBLIC RIGHT-OF-WAY, BEING A PORTION OF BOWMAN ROAD BETWEEN TWELFTH AVENUE AND ELEVENTH AVENUE AND DESCRIBED IN VACATION CASE NO. 12-15,ARE NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND ARE HEREBY VACATED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, (BE APPROVED) OR(BE DENIED) O� PpACk ✓yt1 L Cite of A. acheJunction J Home of the Sri erctition Mountains 1' 4PrzoNr Print TO: City Manager's Office FROM: Pat Brenner, Community Relations Manager DATE• August 21, 2012 Agenda Type : Regular Agenda Council Priority Focus Area. Communication/Outreach TITLE OF AGENDA ITEM: FOLLOW UP DISCUSSION WITH PAT BRENNER, COMMUNITY RELATIONS MANAGER, REGARDING THE CITY'S STRATEGIC COMMUNICATION PLAN. ACTION REQUESTED• DISCUSSION / BACKGROUND INFORMATION: Pat Brenner discussed the city's draft strategic communication plan with city council at their July 16, 2012 Work Session After incorporating suggested changes to that plan, Mr Brenner returns this item for council discussion in order to finalize FISCAL IMPACT: OPTIONS / ALTERNATIVES. 'ECOMMENDATION: ATTACHMENTS: Click to download ❑ strategic communication plan I] Strategic Plan Aug Supplemental ...... O� AQACy,�G'L ,,A pro ..„. . , , .,,,. v �P . z „,,zo... A... CITY OF APACHE JUNCTION COMMUNITY RELATIONS COMMUNICATIONS STRATEGIC PLAN Mission Statement Vision Statement Goals and Objectives For period from July 1 , 2012 To June 30, 2013 y ... -7, v' v t it MISSION STATEMENT WE DELIVER PUBLIC INFORMATION AND COMMUNITY RELATIONS SERVICES, IN AN ENVIRONMENT OF CONTINUOUS QUALITY IMPROVEMENT, WHICH ALLOWS OUR EMPLOYEES AND COMMUNITY MEMBERS TO BE FULLY INFORMED ABOUT ALL OF THE SERVICES, ACTIVITIES AND PROGRAMS OFFERED BY THE CITY OF APACHE JUNCTION. VISION STATEMENT OUR SERVICES ESTABLISH THE CITY OF APACHE JUNCTION'S COMMUNITY RELATIONS OFFICE AS THE TRUSTED AND MOST SOUGHT AFTER SOURCE OF INFORMATION FOR: 1. CITY SERVICES 2. EMERGENCY RESPONSE INFORMATION AND GUIDANCE 3. ESTABLISHING AJ AS A DESTINATION FOR TOURISM 4. ESTABLISHING AJ AS A SOUGHT AFTER MARKET FOR BUSINESS AND COMMERCE 5. ESTABLISHING AND MANAGING AJ'S BRAND GOALS: 1 Establish and maintain all appropriate image enhancement and positive community relations activities for all employees and present or potential community members 2. Establish and maintain a partnership between the City, its neighborhoods, Chamber of Commerce, and the business and non-profit communities 3. Establish and maintain an employee and community member— driven focus MODEL: SMART Model developed in emergency and crisis communications seeks to be Specific Measureable Action Oriented Realistic Time Sensitive TARGET AUDIENCES: Citizens Customers Business Community Visitors/Guests/Tourists Community Organizations and Non-Profits Elected Leaders and City Staff Potential Residents Potential Businesses Media Organizations Peer Communities Districts and related Governmental State and National Audience PUBLIC INFORMATION RESOURCES: Media — General Outreach and News Releases Letters to the Editor/Guest Columns AZ CENTAL Apache Junction News Blog Social Media, primarily Twitter and Facebook Brochures and Flyers Community and Neighborhood Partnership Program meetings Apache Junction Cable Channel 11 City Website www aicity net Special Events OBJECTIVES: 1. To increase the amount and quality of information provided to the public and employees of the City of Apache Junction. - Maintain and further develop all print publications and resources Provide timely and accurate news releases to targeted media concerning activities of the City of Apache Junction and other stakeholders Measurement is by appearance in media, numbers of news releases published or aired. Update Tourism Brochure periodically and distribute throughout the region Measurement is by number of copies distributed. Measurement is by number of Friends on Facebook and Followers on Twitter. - All news releases are 1 Released to media list 2 Posted on City website 3. Sent to "Notify Me" list 4 Tweeted via Twitter 5 Posted on City Facebook and 6. Published on AZ Central Apache Junction Neighborhood. - Engineer and develop information for the City public access cable channel(s) Post all City events and related public information on City's cable TV channel 11 - Economic Development— Downtown AJ Update airing on Channel 11 on Wednesdays, 11 00 am, Saturdays, 8 00 pm and Mondays, 6:00 pm Seen on City Facebook via YouTube - Develop AJ News Update program for Channel 11 with all major issue areas and progress made in these areas e g Home Rule, Roads and Public Safety Measurement is via public perception (anecdotal) and in surveys of groups such as Neighborhood Associations and at Public Events and Special Events such as Lost Dutchmen Days and through social media commentary - Develop information related to the City's Road Construction and Maintenance Plan. Measurement is web hits and public perception at public, neighborhood meetings and in local social media and blogs as well as Letters-to-the Editor. Have updated information here as applicable and have current handouts related to same which are shown at neighborhood meetings, and other public venues. This is post Home Rule Tell the story of how roads are funded and how do we pay for them. - Develop information related to the Home Rule Option 2013 in Apache Junction. Measurement is approval/disapproval of voters. - Establishment of Home Rule Working Group Begin developing specific examples of services, programs and other contributions which the City has been able to develop for the community of Apache Junction since the Home Rule Option was adopted again in 2009. - Begin developing implementation of the Home Rule Information Plan Begin scheduling Neighborhood Partnership Program meetings and civic/club organizational speaking opportunities for dissemination of Home Rule information. - Complete development of Home Rule what, why, how information aspects as they pertain to March, 2013 election. Create presentation for Mayor and Council on Home Rule specifics and impacts to be presented at public meetings - Develop a series of"Did You Know" statements to be used in print and electronic and social media channels - Develop and publish external publications such as full page "City Pages" — Information will appear as a paid component of our news distribution with extensive overview articles and this will include information for broadcast and electronic and social media - Develop new and better Citizen Leadership Institute experiences for the public (Our Fourteenth Institute concluded with 16 graduates.) - Promote and publicize the 15th Citizen Leadership through all above mentioned media channels and distribution lists including email lists of past graduates. - Maintain the City Emergency Communication Plan (ECP). In conjunction with this plan serve as Lead PIO (as applicable) in NIMS qualified emergency field operations exercise in conjunction with all other departments and agencies. Establish a Joint Information Center (JIC) and conduct full "Lessons Learned" analysis of (JIC). - Updated Emergency Communications Plan will be presented to Mayor and Council during this Strategic Communication Plan time period 2. To increase and enhance local and national exposure of the City of Apache Junction and its positive attributes - Update regularly the information on www ajcity net and programming about city's success stories on Channel 11 Measurement is news stories posted and photographs displayed as news progresses Measurement is program creation for Channel 11 and website on Home Rule articulated as two parts 1) What is the Home Rule 2) Because you have voted for Home — Rule in 2009 this is what the City has been able to provide, key messages - The azcentral Apache Junction blog will be regularly updated with news and graphics of City Special Events, temporary events and press releases This applies to all strategy areas such as Home Rule, Roads and Public Safety Also all measured in Facebook and Twitter responses. - This also applies to news updates and follow-up to previously posted news and events such as Lost Dutchman Days. 3 To enhance the graphic professionalism of the City of Apache Junction Department has served as in-house consultant to departments for flyers, brochures and other publications of the City. Have produced high quality, low cost publications and flyers such as the City's Citizen Leadership Institute and Neighborhood Partnership Program brochures and Tourism brochure. Measurement is by customer satisfaction to completed product Also, significant development of Economic Development advertising, video and Shop AJ campaign. 4 To increase the visibility and awareness of the City of Apache Junction's accomplishments - Develop press releases, video and web posts, as well as social media commentary and graphics concerning all Key Messages related to Home Rule, Roads, Public Safety and on-going localized issues. - Present information that we are a LOW DEBT city— a good place to do business and raise a family with our CFP it has always been "Pay As We Go" - AJ won a national award in 2004 for "Community Involvement, only one of two in the nation from the ICMA for the "Citizen Leadership Institute" This program has been featured in the Flinn Foundation newsletter and has had requests from many jurisdictions about how it works. 5. To position the City of Apache Junction as being a state-of-the-art environment for quality economic development Have leveraged and highlighted current success stories in this area e.g. Downtown re-development with video. Measurement is web hits. Measured by published news releases and in website activity and azcentral Apache Junction blog postings. As well as social media. Use graphic talent for display advertising and report compilation Measured in end customer satisfaction - AJ update video posted on Facebook and available on Granicus and YouTube - Community Relations has created a number of 30 second TV spots for advertising and broadcast on Shop AJ — Back to School, and Shop AJ — Winter Visitors - Development of stories on building a business in AJ Describing the market area Develop all programming for CH 11 or on Economic Development Channel, whichever is seen to have the strongest brand identity. 6 To enhance and promote citizen/customer assistance - Have responded within 24 hours to citizen inquiries regarding services and programs including ones that originate at neighborhood meetings, the Citizen Leadership Institute and other public venues. Measurement is Neighborhood Partnership Program response within three weeks with normal follow-up to be within ten days 7 To refine and more fully develop our Neighborhood Partnership and Outreach Program Am developing neighborhood outreach especially for new parks and geographic areas of the City and other neighborhoods not presently served by this program Emphasis will also be placed on neighborhoods with full time residents Measurement is number of meetings and neighbor participation by attendance and response time to issues ### Sample Strategic Analysis Format c/o City of Chandler City of Apache Junction Marketing Overview— Home Rule 2013 SITUATION ANALYSIS: INTRODUCTION: MARKETING OBJECTIVES. MARKETING STRATEGIES MARKETING TACTICS: TARGET AUDIENCES: MARKETING COMMUNICATION TOOLS• CONCLUSION P,YACHE✓ doplo tis z -Q12•NP MEMORANDUM Date August 6, 2012 To: George R Hoffman, City Manager Bryant Powell, Assistant City Manager From: Patrick Brenner— Community Relations Manager Subject: Update on Communications Strategic Plan Following the Mayor and Council's Work Session of July 16th, 2012, the following is an update of all items that were brought forth and discussed at that presentation -"Presentation By and Discussion The City's Strategic Communication Plan." It was requested by Council that website data be tracked for key indicators of change or improvement. The following high level data is available for 2011-2012 and will be tracked and studied further. Other more minute data will likely also be examined in 2012-2013 # of visits Page Views Average site time % Exit For our main City of Apache Junction Face Book page we have established a baseline for analysis for June 2012 of 47 Likes and 548 Weekly Total Reach For our main City of Apache Junction Twitter account as of the end of June 2012 we had 465 Followers A review of cable TV Channels we have such as CH 11 and CH 17 and Economic Development will be on-going but is strategized to be the wisest position to use the strongest brand of CH 11 currently for all video productions. It was suggested that CH 11 needs a program or regular schedule of programming for viewers. Channel 11 now has a regular Bulletin Board section which lists a Weekly Program Guide for All Channels It cycles for approximately two minutes on-air It appears after productions and throughout the day as well. This is also posted on our website at the link http //192 168.2.103.50001/websched php7channel=0&mode=week&day=tue&h eaders=1 It was suggested by Council that Goal # 2 specifically reference the Chamber of Commerce That is reflected in the latest Communications Strategic Plan update It was suggested by Council that Objective # 7 specifically a reference of full time or year round neighborhoods be added That too is reflected in the latest Communications Strategic Plan I appreciate Councils final remarks that they thought the plan is very organized and a nice job Thank You. If you have any questions please just let me know ITEM NO. 11 DISCUSSION ITEM ONLY-NO ACTION AT THIS TIME 44, cot of Apache Jumtion U; 2 Home of''the Superstition Mountains Print TO: City Manager's Office FROM: Brad Steinke, Director of Development Services DATE August 21, 2012 oar genda Type : Regular Agenda Council Priority Focus Area Community Development TITLE OF AGENDA ITEM: SELECTION OF PLANNING AND ZONING COMMISSION CANDIDATE. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: The city council will select a person for the Planning and Zoning Commission position recently vacated by Councilmember Gail Evans. The term for this Planning and Zoning Commission position expires on October 31, 2012. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES. Zoning Ordinance Requirement RECOMMENDATION: .one ATTACHMENTS: Click to download ❑ Cover Memo OAp ACHE z City of Apache Junction .; o�Q Development Services Department To• Mayor and City Council From• Brad Steinke, Director of Development Services Date: July 25, 2012 RE. Interview and Selection of Planning Commissioner Vacancy At the August 20th work session,the City Council is scheduled to interview Planning and Zoning Commission candidates to replace the seat recently vacated by council member Evans Then, on August 21St, the Council will select the replacement The term for this Planning and Zoning Commission position expires on October 31, 2012 The following residents have previously indicated an interest in serving on the Planning and Zoning Commission Their background information is attached Amy Combs Liza Kovach Michael Ferguson Jeff Struble Anthony Bowler We are in the process of contacting these folks to confirm that they are still interested and available for the August 20th City Council interviews. At the time of the meeting, we will have an updated list of interested candidates. ev g ;;;, Cit.of Apache Junction ' LA ; r Talent Bank Application Name- Arrilh o ,c7 i/e r Date, i /3i J I d 1 J Home Address. I ^i I r z y bj, r' A ve., , A G 1,e j—u 'iCA T O1/11 A $s)20 Mailing Address,if different Email Address A-rakijj�..- i�-we, 6.(Ji'✓� Home Telephone- 1/ 0-7/©.r•►r-/,-0 Work Telephone 45'y-WO-'//5 O Are you a resident of the City of Apache Do you own commercial property in the City of Junction? 14 Yes 0 No Apache Junction? ❑ Yes No Length of residency in the City of Apache Do you operate a business in Apache Junction? Junction(if applicable) &.-.#tai.'S 0 Yes R( No If yes,for bow long. Name&address of business(if applicable). If you are not in business in the City of Apache Junction,please list your occupation,or,if retired, please indiciie your former occupation professi°q C v; En ;t'ee �"CjeG—t I� /er Are you now sexy- ,or have you ever served,on a City of Apache Junction board or commission'' 0 Yes No If yes,please hat name of board/commission and dates served Board&Commission preference(s):Refer to the last page for a hat of Boards&Commissions List your choices in order of preference.!! f, 1 • _�i / 1 L 14 Tr-%On Min. Coo. Fa �n4r Cori li..rtiAG-1-161') 604Q.`Sear d , 2 Pia o n, ci. i1.'iv. Cow► 4. 611.4 Of May t,S4 YIieAd Education anmunity Service Schools Attended Degree Year. /u �[A t);Uhl'S iif c A>r``� YI�t 8,S,tre01 �y l q i l J�j CTY cx M kayo ti n i vei s i 15 C wtte-Eiroish) Civic Actmucs-Service Organizaao Office Held: Year Begun:_ Year Ended: 2 imIN Please state why you would like to be appointed to a City Board.Comntis.ion or Committee Tarn c r i'S)ereS 6:ii) £ ;nee' a/ld 1 2n4 +1na des/ comi?lunii QO55 ;,b/e 40 't) To, rilfras4e4,t,'Nre ;5 liev( irH gi What do you bel is the/key responsibility of Board,Commission or Committee members to.(Otte City Council,(b)the citizens of Apache Junction.(c)other Board,Commission or Committee members? (a)f/a n 4oY a (,Om i t '1 i 4-hdf allot-)5 -ror ft-ee eke i e pr,'se ;it a seas;ble m4Ji hen (b) 061S' .t, j " LornslGrl svY ra- S-�re t(i^re (►'Ya5) 5et) lrlj oe Lt�T i i41 eS) (c)(4,0 rd;rst'I e ) -ti.✓een ;w4 54rM 4 t%re tl nd -ry c, ew f6'pt;se Please state the reasons why you feel you are qualified to serve on a Board.Commis$on or Committee j p rn 0 > %5-iere4 C;t/f ! ts!y;7ie2t?y' 1,) -I/t z,o ,t'e 4r5 of. eX'er)estce Applications are kept on file for two years During that ume,your application will be considered when there is an opening for the Board or Commission for which you have applied.As a candidate to a City Board,Commission or Committee,your name,address and telephone number will be available to the media and the public Occasionally requests arc received fmm State and County legislators for recommendations of citizens to serve on State and County commissions If the City Council recommends your name be submitted,you will be contacted before this action is taken. Please notify the City Clerk's Office at(480)982-8002,option 5,if you move or no longer wish to be considered for appointment If you have a current resume and/or any certificates that may be applicable to your Board, eN Commission or Committee interest,please attach a copy to this application Mail or deliver your completed application to City of Apache Junction,Attn City Clerk.300 E. Superstition Blvd.,Apache Junction,AZ 85219 If appointed to a Botud/Comrrussion/Conunntee,I understand that one requirement is that I cannot be absent from the City for over days time,unless authorized by the Mayor and t Applicant's Signature t, 1 -,e`'"-ttgi Date /3l 24/ Thank you for your interest in the City of Apache Junction Reviewed by: Date Appointed by Date Board or Commission appointed to: - City of Apache Junction • 300 E Superstition Blvd. • Apache Junction,AZ 85219 Phone (480)982-8002 • Fax (480)982-7018 • www.ajcity net r., 3 fiELClVED • TY CI ERK DEFT h, .;_. Cite of Apache Junction 2012 JUL-2 AH 9:44 rt� 5 Talent Bank Application `'� .;li 01 PACHE JUNC1t0ii Namc•Amy C Combs Date. 6/21/12 Home Address 27I0 W Shipro0..Apache Junction,AZ 85120 j Mailing Address if different Email Address•mantacomhsr tnsn.eom Home Telephone 480-983-5238 Work Telephone.480-818-0878 Are you a resident of the City of Apache Do you own commercial property in the City of Junction? X Yes ❑ No Apache Junction? ❑ Yes X No Length of residency in the City of Apache Do you operate a business in Apache Junction? Junction(if applicable). 20 Years Yes X No If yes,for how long Name&address of business(if applicable) If you are not in business in the City of Apache Junction.please list your occupation,or.if retired. please indicate your former occupation or profession.Tax Analyst Are)ou now serving,or have you ever served,on a City of Apache Junction board or commission' 0 Yes X No If yes,please list name of board/commission and dates served. Board& Commission preference(s):Refer to the last page fora list of Boards&Commissions List your choices in order ofprefercnce. 1.Parks and Recreation 3 2.Planning and Zoning 4 Education and Community Service Schools Attended- Degree Year Chaparell High School-Scottsdale Diploma 1981 Some College Civic Activities-Service Organizations ; Office Held. Yeas Begun Year Ended. 4 R LCEI it•1►i Please state wiiy you would like to be appointed to a City Board,Commission or Ci+rit11i'1ider qq Having been a resident of Apache Junction for 20 years,I would like to contnbuU t+hi i d sit>nstle that will make Apache Junction even more successful CAT', Of A?ACNE JUNCTIO What do you believe is the key responsibility of Board,Commission or Committee members to.(a)the City.Council,CO the citizens of Apache Junction.(c)other Board,Commission or Committee members? (a)To make recommendations that would benefit the citizens of Apache Junction and the people who live here (b)To offer the best services with the lowest fees possible and to unite the community (c)To ensure attendance for all meetings and to keep an open mind for any and all suggestions Please state the reasons why you feel you are qualified to serve on a Board,Commission or Committee I recently graduated from the Apache Junction Citizens Leadership Institute in the fall of2011 Also, during my employment with the Apache Junction Unified School Distnct,1 was involved with the Parrs and Recreation Department for many of the school events and activities Being a member of the Multi- generation Center 1 am in touch with the citizens and feel I know what their needs and desires arc Applications are kept on file for two years.During that time,your application will be considered when there is an opening for the Board or Commission for which you have applied.As a candidate to a City Board,Commission or Committee,your name,address and telephone number will be available to the media and the public Occasionally requests are received from State and County legislators for recommendations of citizens to serve on State and County commissions.If the City Council recommends your name be submitted,you will be contacted before this action is taken Please notify the City Clerk's Office at(480)982-8002 if you move or no longer wish to be considered for appointment If you have a current resume and/or any certificates that may be appl wattle to your Board.Commission or Committee interest,please attach a copy to this application Matt or deliver your completed application to City of Apache Junction,300 E Superstition Blvd. �\ Apache Junction,AZ 85119 If appointed to a Board/Com on/Commit •v I understand that one requirement is that I cannot be absent from the City for os ays at on- ' tulles authonzead by the Mayor and Council Applicant's Signature riq 1; Thank you for your interest in the Ctly of Apache Junction Reviewed by Date: Appointed by: Date Board or Commission appointed to City of Apache Junction • 300 E Superstition Blvd. • Apache Junction.AZ 85119 Phone.(480)982-8002 • Fax (480)982-7018 • way w.ajcsty net 5 sk • City of Apache Junction • _ I ,1 12; I 0 , Talent Bank Application Name' Michael K.Ferguson Date:OR-I7-201 1 Home Address 1340 S.Valley Dnve Apache Junction,Az.85 120 Mailing Address,if different. same Email Address. usmemike2@msn.com Home Telephone.480-671-6097 Work Telephone.n/a Arc you a resident of the City of Apache Do you own commercial property in the City of Junction? x Yes ❑ No Apache Junction? ❑ Yes x No Length of residency in the City of Apache Do you operate a business in Apache Junction? Junction(if applicable):_10 years ❑ Yes x No If yes,for how long: Name&address of business(if applicable)• If you are not in business in the City of Apache Junction,please list your occupation;or,if retired, please indicate your former occupation or profession.retired military Are you now serving,or have you cvcr served,on a City of Apache Junction board or commission? ❑ Yes x No If yes,please list name of board/ otnmtssion and dates served• Board& Commission prefereace(s):Refer to the last page for a list of Boards&Commissions.List your choices in order of preference. I.Parks&rocs 3 2.Planning&zoning 4 Education and Community Service Schools Attended Degree_ Year. Various schools—hs/Jr colleges/colleges Civic Activities-Service Organizations Office Held. Year Begun Year Ended Veterans of Foreign Wars post 7968 commander 2002 2011 State Department Veterans of Foreign Wars Surgeon,Judge 2006 ;still Advocate.Jr&Sr vice 6 rank .00614, Please state why you would'Ilce to�be appointed to a City Board,Commission or Committee: _1 believe with my experience and what I've have done in and for our community during these last years Also,with my willing to work hard and long hours would only be an assist to any commission I might be appointed What do you believe is the key responsibility of Board.Commission or Committee members to•(a)the City Council.(b)the citizens of Apache Junction,(c)other Board,Commission or Committee members? (a) Malang sure you keep on top of what is happening in and around our community (b) Making sure you find out all the information needed to make a right decision for all involved Also,not being afraid to make a decision that might not please everyone but is best over all (c) Always make sure you have time to talk and listen to residents of our community—to better your judgment making decisions. Please state the reasons why you feel you are qualified to serve on a Board,Commission or Committee I believe I would an assist to our community because of my pass involvement with the city council, committees and commissions. While being Commander of VFW Post 7968 and helping building rt up from 200 members to 900 members moving the post from a small building to larger building I've worked with end have learned a lot about the ways of the city of Apache Junction and would like to help. Applications are.kept on file for two years.During that time,your application will be considered when there is an opening for the Board or Commission for which you have applied.As a candidate to a City Board,Commission or Committee,your name.address and telephone number will be available to the media and the public. Occasionally requests are received from State and r mt.- I..4.:51ntcr tnr rrt.nmmrnrid e i nl Citizens to s re on State and County commissions If tile.C'it, Council rcconinicnds your name be submitted you will he contacted before this action is taken. ommin Please notify.the City Clerk's Office at(480)982-8002 if you move or no longer wish to be considered for appointment. If you have a current resume and/or any certificates the!may b.' ril'ci''k to t-msr t oed Coroinirsion or Committee interest,please attach a copy to this application Mail or deliver your completed application to City of Apache Junction,300 E.Superstition Blvd., Apache Junction,AZ 85119 If appointed to a Board/CommissionlComminee,I understand than one requirement is that I cannot he absent from the City for over30day(tie ti authorized by the Mayor and Council Applicant's Signature:/ J j.t�._.. Date: `6' jJ_2g,l Thank you for your interest in the C._ Apac unction. Reviewed by: _ Date: — __ Appointed by. Dam. 7 u (Tit) of Apache Junction Talent Bank Application -' Name Liza Kovach J Date 11/3/1 l Home Address'2309 S San Marcos Dr,Apache Junction,AZ 85120 Mailing Address,if different. Email Address Iiza992000@yahoo.com Home Telephone 480-734-1485 Work Telephone 480.474-5617 Are you a resident of the City of Apache Do you own commercial property►n the City of Junction? 2-Yes ❑ No Apache Junction? D Yes @-No Length of residency in the City of Apache Do you operate a business in Apache Junction? Junction(if applicable) mod.5 Y r S ❑ Yes E'No If yes,for how long Name&address of business(if applicable)' If you are not in business in the City of Apache Junction,please list your occupation;or.if retired, please indicate your former occupation or profession: Senior Director of Finance at Mountain Health&Wellness Are re now serving,or have you cvcr served,on a City of Apache Junction board or commission? "Yes ❑ No If yes,please list name of board/commission end dates served Planning&Zoning Oct 10-Oct 1 1 Board&Commission preference(s):Refer to the last page for a list of Boards&Commissions List your choices in order of preference 1 Parks&Recreation 3. 2 Q4� 4 Education and Community Service Schools Attended Degree. Year. DeVry University BS Accounting 2006 Keller Graduate School MAFM 2009 Certified Public Accountant-Licensed in the State of Arizona Civic Activities-Service Organizations Office Held Year Begun Year Ended. Apache Junction Food Bank Vice President 2011 current Ladies Auxiliary VFW Post 7968 None 2010 current 8 ON Please state why you would like to be appointed to a City Board,Commission or Committee. ,/, I enjoy being involved with activities that benefit die citizens of Apache Junction and contributing to the community What do you believe is the key responsibility of Board,Commission or Committee members to.(a)the City Council,(b)the citizens of Apache Junction,(c)other Board,Commission or Committee members'' (a)Inform and advice the City Council on matters of public interest. (b)Represent the interests of the citizens of Apache Junction and make decisions that are in the best interest of the community 4. (c)Participate as a productive and courteous team member and fulfill all assigned duties in a timely manner Please state the reasons why you feel you are qualified to serve on a Board,Commission or Committee. i I am a graduate of the Citizen Leadership institute,and I work in the community of Apache Junction.I serve as Vice President of the Board at the Apache Junction Food Bank and i enjoy serving my local community, Applications are kept on file for two years.During that time,your application will be considered when there is an opening for the Board or Commission for which you have applied As a candidate to a City Board,Commission or Committee,your name,address and telephone number will be available to the media and the public.Occasionally requests are received from State and County legislators for recommendations of citizens to serve on State and County commissions.if the City Council recommends your name be submitted,you will be contacted before this action is taken Please notify the City Clerk's Office at(480)982-8002 if you move or no longer wish to be considered for appointment. almie If you have a current resume and/or any certificates that may be applicable to your Board,Commission or Committee interest,please attach a copy to this application. Mail or deliver your completed application to City of Apache Junction.300 E Superstition Blvd. Apache Junction,AZ 85119 If appointed to a Board/Commission/Committee,i understand that one requirement is that I cannot be absent from the City for over 30 days at one time,unless authorized by the Mayor and Cou i1 `� -a �37 Applicant's Signature- c-�},�, Date. /, Thank you for your interest in the City of Apschc Junction. , Reviewed by. _ Date Appointed by Date Board or Commission appointed to. -Cr • City of Apache Junction • 300 E Superstition Blvd • Apache Junction,AZ 85119 - Phone.(480)982-8002 • Fax (480)982-7018 • www.ajcity.net 9 Liza A. Kovach, CPA 2309 S San Marcos Di,Apache Junction,AZ 85120 hza992000^tyahoo corn•(480)734-1485 PROFESSIONAL EXTERIENCE ,�i Mountain Health&Wellness,Apache Junction.AZ 05/10—Current Non-Profit Integrated Health Care Provider Senior Director of Finance • Supervise,tram,mentor,and hire Finance Department staff of 10 • Oversee daily finance operations including A/P,AIR,and billing • Responsible for preparation of monthly and annual financial statements including balance sheet,income statement and cash flow • Oversee all accounts,ledgers,and reporting systems ensuring compliance with appropriate(3AAP standards and regulatory requirements • Maintain internal control and safeguards for receipt of revenue,costs,and program budgets and actual expenditures • Coordinate all audit activity COMM.,Tempe,AZ 11/06—O8/10 IT services company,offices in U.S,Puerto Rico,Canada and the U.K;2008 revenue S727M Manager-General Ledger&Accounts Payable • Supervise,tram,mentor,and hire staff of seven consisting of two GL Accountants,A/P Supervisor and four A/P Processors • Responsible for month end,quarter end and year end closings and interface with external auditors,including preparation of audit schedules. a Preparation of monthly bank financials.cash flow,DSO and collateral eligibility reports • Preparation of monthly operational flash reporting and detailed SG&A analysis. • Assist with monthly consolidation process and preparation of entity financials. • Review journal entries and account reconciliations for completeness,accuracy and conformance to GAAP,SOX,end company policy • Participated in Pcoplesofl upgrade testing and implementation process Senior Financial Analyst(09/07-08/08) • Conduct monthly analysis of actual results versus plan,forecast,and prior year results. • Preparation of reporting package for Senior Management. • Preparation of monthly forecasts and yearly budgets. A • Preparation of ad hoc financial modeling and trend analysis Amkor Technology,Inc.,Chandler,AZ 01/05— 11/06 International industry leader in Semiconductor Assembly and Test;2006 revenue S2,729M Staff Accountant(08/05-11/O6) • Provided support in month-end close processes and other general ledger activities, including preparation of monthly journal entries • Prepared account reconciliations for cash,accounts receivable,accounts payable,inter- company accounts and various other balance sheet accounts • Maintained fixed assets and related schedules ll t^ Oak Accounts Payable Coordinator(1/05-7/05) • Processed,coded,and entered all operating expense invoices. • Responded to internal and external requests for payment status and other inquines Kleinfclder,Inc.,Tempe,AZ 06/04—01/05 Accounts Payable • Processed invoices and expense reports for payment;Oracle online timesheet administrator;processed client contracts Hard Dollar Corporation,Tempe,AZ 03/03—06/04 Administrative Assistant • Accounts receivable/payable processing;monthly invoicing,collections,deposit preparation,maintain client licensing information,maintain Salesforce com database Hufcor,Inc.,Janesville,WI 05/00—03/03 Project Technician • Provided customer support to a worldwide network of distributors by venfying accuracy and completeness of orders and maintaining production and shipping schedules EDUCATION Certified Public Accountant September 2007,Arizona CPA License No. 14656-E Keller Graduate School,Phoenix,AZ Masters of Accounting and Financial Management.2009 Honors DeVry University,Phoenix,AZ Bachelor of Science.Business Administration.Accounting,2006 Swnma Cum Laude COMPUTER SKILLS Peopiesofi,Oracle,Qutckbooks,Sage T3usincssWorks,CYMA MS Excel,Word,Access,Outlook and Windows 12 RECEIVED • {, rY CLEP 1Hl' City or Apache Junction 2012 JUN 25 AM 7: 50 Talent Bank Application CITY Of APACHE JUNCTION Name. -mil ��" I 'i, `->° Date. 9 -- (4_`j 1 Home Address tt/�( 6-er f} r,16{1QQ uruIn-' Mailing Address,if different. PO tei PC 3 i Ek01 41 4/ es z-)S Email Address. '" & r'Srd [)r eo ,s S • c0 Horne Telephone:(00(_q({ (Q© Work Telephone: (,i 80 (A(1-6 (0 D Are you a resident of the Cityof Apache Do you own commercial property in the City of Junction? 5 Yes 0 No Apache Junction? 0 Yes ei No Length of residency in the City of Apache Do you operate a business in Apache Junction? Junction(if applicable)•_ 4 u QI,f 4 [IN Yes ❑ No If yes,for how long e4J1(5 Name&address of business(if applicable). CV 0 e;y 8-ec. cP( IrtCMS cl(') (jJaI, er 4 T-," g4!7.6 If you arenot in business in the City of Apache Junction,please list your occupation,or,if retired, please indicate your former occupation or profession' Are you now serving,or have you ever served,on a City of Apache Junction board or commission? a Yes al No If yes,please list name of board/commission and dates served Board&Commission prefrrence(s):Refer to the last page for a list of Boards&Commissions List your choices in order of preference 1. P( 3 , 4�Unrtipu( ?r f.C.eda p tf�'ni cx( ilea° Att far(s Rec Education and Community Se ice elliN Schools Attended Degree: Year Civic Activities-Service Organizations Office Held. Year Begun Year Ended' G4t_ PaijtI'h rc n fl -s1 er 2aI 0 D�+ga tc, R. - 1_a+( k( c' K-ec CawtM1ciizpa 10 i I Octril 13 Please state why you would like to be appointed to a City Board,Commission or Committee. i r4Ceeri toc_ .4 Vrtow'1 ,le, eked J dit eci serve-- What do you believe is the key responsibility of Board,Commission or Committee members to (a)the City Council.(b)the citizens of Apache Junction,(c)other Board,Commission or Committee members? (a) } ! �J tf� � Jd artnrCn( kr 4inol Ue tt 6 an SSveS IA Azzort nee as t ors (b) 172 _4't7iv4 w A t4fte k�>7l 1 4St e to � G,a�rltdriA- s-e• (c) 1 wo( ((. iin c.c. caaD84cttl I t exemaor k-61AFGiViI i4 'c}e 'c V° Please state the reasons[why you f`i1 ou are qualified to serve on a Board,Com tssto or Commits Zh, tv-L ai- S(flyit Uc re (Ti ce(U• - 6,01M6n, fr tiet(1 ilky haa. ,Qf 1,N lit.ip /di e Svttf)/(v• /to v wcperionce. G d dt, Aed p e.,r efrIrrQ.- Applications are kept on file for two years, alluring that time,your application will be considered when there is an opening for the Board or Commission for which you have applied As a candidate to a City Board,Commission or Committee,your name,address and telephone number will be available to the media and the public Occasionally requests arc received from State and County legislators for recommendations of citizens to serve on Slate and County commissions.If the City Council recommends your name be submitted,you will be contacted before this action is taken. Please notify the City Clerk's Office at(480)982-8002 if you move or no longer wish to he considered for appointment. If you have a current resume andlor any certificates that may be applicable to your Board,Commission or Committee interest,please attach a copy to this application Mail or deliver your completed application to:City of Apache Junction,300 E.Superstition Blvd., Apache Junction.AZ 85119 If appointed to a Board/Commission/Committee,I understand that one requirement is that I cannot be absent from the City for over 30 days at one time,unless authorized by the Mayor and Council. ay Applicant's Signature /.er , Date I —s !./ Thank you for your interest in the City of Apache Junction. c+ ,i Reviewed by Date: - 1 Appointed by Date c ram- 4-.X. t"r y Board or Commission appointed to .0 t� ��n City of Apache Junction • 300 E Superstition Blvd • Apache Junction,AZ 85119 % 7. "r. Phone.(480)982-8002 • Fax (480)982-7018 a wwv.atcity.net c a� x c- rut 0 14 ROLL CALL VOTE NOTES Oft/VI \,1 ITEM # MEETING OF MOTION BY v SECONDED BY: -L:114 YES NO ABSTAINED VICE MAYOR DIETZ v� COUNCILMEMBER WILSON COUNCILMEMBER SERDY j,, COUNCILMEMBER EVANS COUNCILMEMBER WALDRON MAYOR INSALACO V UNANIMOUS IN F VOR OPPOSED ABSTAINED TOTAL ✓ VOTE ROLL CALL NOTES: L 8/kAry ITEM # V MEETING OF MOTION BY SECONDED BY YES NO ABSTAINED MR. WILSON MR WALDRON VICE CHAIRPERSON DIETZ MR SERDY MRS EVANS MRS BARKER CHAIRPERSON INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 12 I MOVE THAT BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2012 ROLL CALL VOTE NOTES: c \\ ITEM # 4g MEETING O. 1,4\ MOTION BY: )(1)' SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WILSON V COUNCILMEMBER SERDY COUNCILMEMBER WALDRON V VICE MAYOR DIETZ B B COUNCLMEMBEREVANS v7 • MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 13-14 THERE WILL BE NO WORK SESSION ON SEPTEMBER 3, 2012, DUE TO THE LABOR DAY HOLIDAY. I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M. AND A WORK SESSION AT 7.00 P.M. BE HELD ON TUESDAY, SEPTEMBER 4, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P.M ROLL CALL WS:% ��� I�� REG J I V/ SPEC CITY COUNCIL P / P / A P I A MAYOR INSALACO 1/ VICE MAYOR DIETZ ✓ V COUNCILMEMBER BARKER V V COUNCILMEMBER EVANS V COUNCILMEMBER SERDY V COUNCILMEMBER WALDRON V COUNCILMEMBER WILSON V TOTAL I CITY STAFF: l`)A VIt 0. City Manager George Hoffman V Assistant City Manager Bryant Powell City Clerk Kathleen Connelly ✓ City Attorney Joel Stern Public Safety Director Jerald Monahan Interim Public Works Director/ City Engineer Giao Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts Development Svcs Director Brad Steinke Human Resources Director Liz Riley Economic Development Director Steve Filipowicz p Assistant to the City Manager ✓ / Matt Busby jp, OTHERS: 6,0f, ^, ✓ ,� r V i P � Date: ( CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yeso No❑ Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. Name (Print) I3L-i -7 5 , (4-crvs ( o 5 f ► ') Address City Zip Code CS0- 2 1 6 -- 33 01 Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation. Signature of Parent/Guardian Date 02/23/12