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Home My WebLink About2012 09.04 City Council Regular Agenda PLEASE FILL OUT A"REC ;T TO SPEAK" FORM IF YOU WISH TO ADDRI THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING II cM FP AC HF "� Ci•ty of Apache Junction U 2 Home Of the SWpe/3lttton Mountains 4RrzONr APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA September 4, 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 21, 2012. 3 Consideration of adoption of the Fiscal Year(FY) 2012-2013 City Council Legislative Work Plan. City council reviewed and discussed the draft FY 2012-2013 City Council Legislative Work Plan at the August 7, 2012 Regular Session and the August 20,2012 Work Session. City council may adopt this work plan with any changes. 4. Consideration of approval of the city's proposed Communications Strategic Plan Staff seeks final approval of the city's proposed Communications Strategic Plan following two public meeting discussions. 5. Consideration of revised employment agreement with city manager. The mayor and council in concert with City Manager George Hoffman have revised various terms of his employment agreement which requires approval by a majority of the council 6. Consideration on the purchase and award of fleet vehicles for the Police and Public Works departments through State Contract#ADSPO 12-016662 in an amount not to exceed $211,815.46. Staff requests authorization to move forward with the purchase of four Ford Utility Interceptors and one F-350 Cargo Van for the Police Department and one F-150 Super Crew Pickup through State Contract#ADSPO 12-016662 All vehicles will be replacement vehicles The total cost of the vehicles would be a not to exceed amount of$211,815.46 including tax purchased through Chapman Ford 7 Consideration of agreement with East Valley Adult Resources for Fiscal Year(FY) 2012-2013 Ride Choice Program in an amount not to exceed $26,432.00. This program provides transportation services for qualified city residents who are elderly(60 or older) or disabled adults (18 or older) This program has been in place since 2003 E AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards, presentations from other organize s, proclamations issued by the mayor, and acknc ;gement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. 8. PRESENTATION OF A CHECK BY THE CITIZENS CENTENNIAL COMMITTEE TO THE BOYS AND GIRLS CLUB OF THE EAST VALLEY, APACHE JUNCTION BRANCH FOR SUPPORT OF ITS YOUTH PROGRAMS. A representative of the Citizens Centennial Committee will present a$1,065 00 check to Ms Laurie Armstrong,Ms Armstrong is the Executive Director of the Boys and Girls Club of the East Valley,Apache Junction Branch.The funds are to be used by the club for support of its youth programs 9. PRESENTATION OF A CHECK BY THE CITIZENS CENTENNIAL COMMITTEE TO MAYOR INSALACO FOR YOUTH PROGRAMS AT THE PARKS AND RECREATION DEPARTMENT. A representative of the Citizens Centennial Committee will present a$1,065 00 check to Mayor Insalaco and Parks and Recreation Commissioner Theresa Nesser The funds are to be used by the Parks and Recreation Department for support of its youth programs 10. PRESENTATION OF A CHECK BY THE FRIENDS OF APACHE JUNCTION TO MAYOR INSALACO FOR THE PARK AND RECREATION DEPARTMENT. A representative of the Friends of Apache Junction Board of Directors will present a$2,000 00 check to Mayor Insalaco and Parks and Recreation Commissioner Theresa Nesser The funds are to be used by the Parks and Recreation Department for support of its programs F. ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance,time and location G CITY MANAGER'S REPORT. The City Manager, members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City There shall however be no discussion at this time except for clarification inquiries. 11 MANAGER'S REPORT. H PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak.All remarks shall be addressed to the Council as a whole and not to any member thereof. Such remarks shall be limited to five(5) minutes unless additional time is granted by the Mayor This time limitation shall not apply to applicants and their agents appearing before the Council. 12 PROPOSED RESOLUTION NOS. 12-28 AND 12-29, CREATING THE APACHE TRAIL REDEVELOPMENT AREA, AND RESCINDING THE MERIDIAN REDEVELOPMENT AREA. As an outcome of the Downtown Redevelopment and Implementation Strategy(DRIS), staff sought to implement one of the recommendations by modifying the Meridian Redevelopment Area(MRA) boundaries in order to"close the gap"on a small number of commercial parcels that fell outside either of the two existing redevelopment areas In studying the area, staff noted some adjacent downtown residential neighborhoods that could seemingly benefit from some redevelopment programs and funding as well Becaus. of the more significant boundary changes, staff is recommending a new area,the Apache Trail Redevelopment Area(ATRA) be established, and that the MRA(of which all the properties are subsumed in the ATRA)be rescinded. Staff further recommends the work plan to be used for the ATRA, as required by the State for a redevelopment area, is the DRIS 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. 13. DISCUSSION REGARDING THE SUPERSTITION MOUNTAIN COMMUNITIES FACILITY DISTRICT(SMCFD) NO. 1 OPERATIONS AND ITS GOVERNMENTAL RELATIONSHIP WITH THE CITY OF APACHE JUNCTION. On August 21, 2012,city council directed the city manager and city attorney to meet with representatives of the Superstition Mountain Community Facilities District(SMCFD) No 1 to address operation and management issues. The city attorney and city manager will update the city council on their recent communication 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 None K. COUNCIL DIRECTION TO 'AFF. This item allows the Mayor and City Council to direct staff on specifically listed matters 14. COUNCIL DIRECTION TO STAFF ON AN APPROACH TO ADVANCE PUBLIC ART IN APACHE JUNCTION. At their August 20,2012 Work Session,city council heard an update on the two items staff had received direction on related to public art With those two items complete, staff is seeking direction on next steps. Specifically,council seemed interested in changing the city procurement code to exempt art, and seeking to partner with a group(s)with 501 c3 status in order that the city can incorporate public art without expending general fund monies to procure the art 15. DIRECTION TO STAFF TO AMEND THE CITY CODE TO TEMPORARILY LENGTHEN TERMS OF OFFICE FOR MAYOR AND COUNCIL POSITIONS IN ORDER TO COMPLY WITH STATE LEGISLATION HB 2826. HB 2826 requires all candidate elections to be held in the fall of even-numbered years In order to comply,the terms for mayor and council positions must be lengthened to coincide with this new statute SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 16. EXECUTIVE SESSION AT 5 45 P.M. AND WORK SESSION AT 7 00 P.M. FOR MONDAY, SEPTEMBER 17, 2012. 17 EXECUTIVE SESSION AT 5.45 P.M. FOR TUESDAY,SEPTEMBER 18, 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 00a—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 CITY COUNCIL REGULAR MEETING AUGUST 21, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on August 21, 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. INVOCATION Councilmember Serdy gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Evans led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Dietz Councilmember Evans Councilmember Serdy Councilmember Waldron Councilmember Wilson (Councilmember Barker was absent. ) Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Economic Development Director Steve Filipowicz Others Present : Senior Project Engineer Emile Schmid Presiding Magistrate James Hazel REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 1 OF 13 Community Relations Manager Pat Brenner ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED 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 APPROVAL BE GIVEN FOR 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. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Councilmember Serdy presented the 2012 Arizona Office of Tourism, Governor' s Spirit of Tourism Award posthumously to Gary Mulholland. The award was accepted by his wife, Susie Mulholland. A video presentation was given that was first shown at the state awards ceremony. �•. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy announced there is a sewer board meeting tomorrow night at 6: 30 down south on Ironwood. It will be the last one for this fiscal year. Councilmember Evans announced they finally had the water meter installed at Earth Heart Park Community Garden. They have started on the excavation process. They should be well underway by November. They have had interest from the girl scouts and REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 2 OF 13 boy scouts with both wanting one of the garden beds . There will be 26 garden beds . Recently a private citizen donated $25, 000 to build the outdoor kitchen facility. CITY MANAGER' S REPORT City Manager George Hoffman commented on the finance department receiving a Certificate of Achievement for Excellence in ,•.. Financial Reporting for the 13th consecutive year, read an email concerning trash pickup and a note from a church regarding police response on a suicidal individual, and presented a copy of the Arizona Municipal Risk Retention Pool Annual Report with Apache Junction on both covers, plus an article. PUBLIC HEARINGS RESOLUTION NO. 12-11, DECLARING PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE BETWEEN CONESTOGA ROAD AND CORTEZ ROAD AND CONESTOGA ROAD BETWEEN SECOND AVENUE AND FOURTH AVENUE NO LONGER NECESSARY FOR PUBLIC USE Senior Proiject Engineer Emile Schmid briefed the council on the item. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing on the item and reopened the item to council discussion. There being no further discussion, he called for a motion. Vice Mayor Dietz MOVED THAT RESOLUTION NO. 12-11, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF A PUBLIC ROADWAY EASEMENT 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 OR FUTURE PUBLIC RIGHT-OF WAY, BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 3 OF 13 Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. RESOLUTION NO. 12-13, DECLARING PORTION OF DEDICATED ROADWAY ON .•.. KACHINA AVENUE LOCATED EAST OF CACTUS STREET IS NO LONGER NECESSARY FOR PUBLIC USE Senior Project Engineer Emile Schmid briefed the council on the item. Mayor Insalaco opened the public hearing on the item There being no one wishing to speak, he closed the public hearing on the item and reopened the item to council discussion. Councilmember Waldron asked if they would need to indicate as amended in the motion since the amended version was not in the packet . City Attorney Joel Stern stated they do. The city clerk has been provided an amended acid free copy. However, since it had to be amended from what was in the packets he would recommend that they do it as presented by Mr. Schmid. Councilmember Serdy commented he wanted to give some history on how this one started. Since ,••. it was a right-of-way and it has access to the wash, all of the neighborhood kids were taking their dirt bikes and quads there and using it to go through residents' yards to get down in there. There was nothing the residents could do about it so they asked that it be closed. Now they can keep the kids from buzzing through their yards at all hours . Mayor Insalaco closed the discussion with no further comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 4 OF 13 Councilmember Waldron MOVED 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 ..1. WITH THE FOLLOWING AMENDMENT: THAT LANGUAGE BE ADDED "WHEREAS THE PORTION OF THE RIGHT-OF-WAY BEING VACATED SHALL BE DIVIDED IN HALF, RESULTING IN TWO PARCELS TO BE SOLD, AND WHEREAS TWO PURCHASE OFFERS WERE SUBMITTED TO THE OFFICE OF THE CITY CLERK WITHIN THE 60 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 EXCEED THE MARKET VALUATION OF THE CITY ENGINEER OF THE PORTION OF THE RIGHT-OF-WAY TO BE VACATED, AND WHEREAS THE CITY ENGINEER RECOMMENDS ACCEPTANCE OF THE TWO PURCHASE OFFERS, EACH IN THE AMOUNT OF $465 FOR A TOTAL OF $930 FROM THE ABUTTING PROPERTY OWNERS", BE APPROVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. RESOLUTION NO. 12-14, EXTINGUISHING A PORTION OF PUBLIC ROADWAY EASEMENTS LOCATED ON BOWMAN ROAD BETWEEN ELEVENTH AVENUE AND TWELFTH AVENUE NO LONGER NECESSARY FOR PUBLIC USE/RESOLUTION NO. 12-15 VACATING A PORTION OF BOWMAN ROAD BETWEEN TWELFTH AVENUE AND ELEVENTH AVENUE ) Senior Project Engineer Emile Schmid briefed the council on the items . Mayor Insalaco opened the public hearing on the items . There being no one wishing to speak, he closed the public hearing and reopened the items to REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 5 OF 13 council discussion. There being no further discussion, he called for a motion. Vice Mayor Dietz MOVED 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, WITH THE FOLLOWING ADDITIONS : THAT ON RESOLUTION NO. 12-14 WE ADD "WHEREAS THE PARCEL OWNER OF APN 103-19-014G DESIRES TO EXTINGUISH THE EASTERLY 33 FOOT FEDERAL PATENTED EASEMENT AND EXTINGUISH THE WESTERLY 33 FOOT FEDERAL PATENTED EASEMENT OF THE NORTH HALF ALONG BOWMAN ROAD FROM TWELFTH AVENUE TO ELEVENTH AVENUE", BE APPROVED, 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 RAODWAY AND ARE HEREBY VACATED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, WITH THE FOLLOWING ADDITION: RESOLUTION NO. 12-15 "WHEREAS THE PARCEL OWNER OF APN 103-19-014G DESIRES TO VACATE THE WESTERLY 33 FOOT RIGHT-OF-WAY ON THE SOUTH HALF ALONG BOWMAN ROAD BETWEEN TWELFTH AVENUE AND ELEVENTH AVENUE", AND IN THE LAST WHEREAS WE ADD THE LAST PARAGRAPH OF THE WHEREAS, I WILL JUST READ THE WHEREAS WITH THE CHANGE: "WHEREAS ONE PURCHASE OFFER WAS SUBMITTED TO THE OFFICE OF THE CITY CLERK WITHIN THE 60 DAY SALE NOTIFICATION PERIOD BY THE ABUTTING PROPERTY OWNER IN THE", AND THIS IS THE ADDITION, "AMOUNT OF $475 WHICH EXCEEDS .r. THE MARKET VALUATION OF THE CITY ENGINEER", AND THAT THIS BE APPROVED. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 6 OF 13 FOLLOW UP DISCUSSION ON CITY' S STRATEGIC COMMUNICATION PLAN Community Relations Manager Pat Brenner briefed the council on the item. Vice Mayor Dietz commented the city has another channel that it can use on the cable network. He asked if he has plans for that and if the city can �•. develop plans to start utilizing the other channel. One could be used for council business and the other could be used for whatever. They could be putting out more information. Community Relations Manager Pat Brenner stated he has talked to Matt and other people about that. A lot of cities do not have local economic channels . We do. Vice Mayor Dietz commented they are fortunate to have it . Community Relations Manager Pat Brenner agreed. The channel the school district uses is also our property. He recommended in the memo that because it has a stronger brand, every video the city creates should go on channel 11 . If they are discussing something economic, they should use both channels . Vice Mayor Dietz commented they could look at using that channel for planning and zoning meetings, council meetings, work sessions and whatever. The other channel could be used for updates . He would like to see �► something thrown out there. Community Relations Manager Pat Brenner stated they will keep looking at the issue and do some videos in house, which are very labor-intensive . Based on what is coming down the time frame, he knows that the road maintenance and construction is a huge issue . With home rule coming up his discussion with Matt is that they are in the process of getting information on what they have been able to do since home rule was approved four years ago. They intend to do videos and get the word out on all the things they have been REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 7 OF 13 able to do in the community. The economic development will be a part of that . Vice Mayor Dietz commented they have had these channels for so many years and not utilized them. He thinks it is time that they do, even if they need to utilize the third channel . He thinks they should look into it and focus on it. Councilmember Serdy asked if they are city channels or public access channels . Community Relations Manager Pat Brenner stated they are city channels . Councilmember Serdy commented the public cannot submit things for it . Community Relations Manager Pat Brenner stated they cannot . Assistant City Manager Bryant Powell stated he wanted to clarify how the three channels are used They have channel 11 that is used by the city, another one that is available for city use, and a third channel is being used by the school district . He asked if and how the school district is using it . Community Relations Manager Pat Brenner stated when he has gone over to their offices they have used it for a calendar-type presentation and sometimes slides. He has not seen any video on it . Aft. Councilmember Serdy commented he saw a graduation on it once . City Clerk Kathleen Connelly stated they have their orchestra and concerts on it . They do the graduation. City Attorney Joel Stern stated regarding the school district using our channel, it is not dedicated to the school district . It is something the city REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 8 OF 13 allows . The city has a license agreement that has those channels . The school district does not have a contractual right to use it . It is something we do as a partnership in the community. Vice Mayor Dietz asked if that was part of an intergovernmental agreement . City Attorney Joel Stern stated it is not . It is part of the license agreement with Mediacom of which only the City of Apache Junction is a party to. Vice Mayor Dietz commented the licensing agreement gave the city three channels . City Attorney Joel Stern stated that is correct . Vice Mayor Dietz commented the city is letting the school district use the one channel . He asked if that was set up through an intergovernmental agreement or is it because the city is such good guys and said they could use it . City Attorney Joel Stern stated it is not through an intergovernmental agreement . It is because the council and city manager are such generous people. City Manager George Hoffman commented that is historical . The school district canceled the intergovernmental agreement . He thinks they want a holistic, broad-based discussion about the relationship. Staff will oblige them that and this topic will certainly be a component of that discussion. City Attorney Joel Stern stated the channel was not part of the intergovernmental agreement that the manager is talking about. Vice Mayor Dietz commented he was not aware if the channel was part of the intergovernmental agreement that had been canceled. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 9 OF 13 City Attorney Joel Stern stated the intergovernmental agreement was for jointly shared properties . There was never an intergovernmental agreement for the use of that channel It has always been on the city' s nickel . We allow them to use the channel; we do not have to. It is for educational purposes . Vice Mayor Dietz commented Jeff brought up a neat idea of maybe having a contest, having �. the public send in homemade videos and they pick a winner, as long as it has something to do with the downtown or different subject matters . It might be kind of a neat thing to do. Mayor Insalaco closed the discussion with no further comments . This was a discussion item only and he moved on to the next item. NEW BUSINESS SELECTION OF PLANNING AND ZONING COMMISSION CANDIDATE Mayor Insalaco called for any recommendations . Vice Mayor Dietz MOVED THAT LIZA KOVACH BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE ON OCTOBER 31, 2012 . Councilmember Evans SECONDED THE MOTION. Councilmember Wilson Ask, commented he wanted to recommend Jeff Strubel. Mayor Insalaco asked how they should do this, if one vote was done first. City Clerk Kathleen Connelly stated ordinarily they would take a vote on the first name offered. If that is successful, then they do not go to the second. REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 10 OF 13 City Attorney Joel Stern stated there was a second on the first motion. City Clerk Kathleen Connelly stated you do not need a second on a nomination. It is okay, but it is unnecessary. The vote will be for the first nomination of Liza Kovach. VOTE: 4-2 (Councilmembers Wilson and Serdy voted in opposition. ) The motion carried. Councilmember Waldron asked if Mr. Bowler was there . He commented that after reading through his application he would really like to see him on the Construction Code Board of Appeals . He thinks he would be an extremely valuable member on that with his background and current occupation He hoped he would consider it . Vice Mayor Dietz agreed. He congratulated Liza. She had been on the planning and zoning commission before and it was a mishap by a previous councilmember that she did not get reappointed. He thinks it is time she got put back on. He thinks she was only on for a year. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz commented there will be no work session on September 3, 2012 due to the Labor Day Holiday, and he MOVED 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. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 11 OF 13 The motion carried. CALL TO THE PUBLIC: Mr. Chris Stellhorn, 1347 S. Cactus, Apache Junction, addressed the council regarding a drilling "rig that he can see from his backyard instead of the mountains. He showed a picture of it. Vice Mayor Dietz asked how long it had been there. i.., Mr. Chris Stellhorn stated it has been there for over six months. It used to appear and be there for a few weeks or a couple of months and then go away. Now it is not going anywhere. There is another a little north of it . Vice Mayor Dietz requested the city manager to follow through on this and see what is going on and if they are allowed to be doing what they are doing. He does not know if they are drilling for anything. Mayor Insalaco commented that is just standing there. They are not drilling for anything. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 7 : 47 p.m. Consent Agenda Items are as follows: 1 . Acceptance of Agenda. 2 Approval of Minutes of Regular Meeting of August 7, 2012 . oak 3 . Approval of Minutes of Special Meeting of August 7, 2012 . 4 . Consideration of revised employment agreement with Presiding Magistrate. 5 . Consideration of the Electric Transportation Engineering Corporation (dba ECOtality North America) electric vehicle charging stations agreement . REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 12 OF 13 ACCEPTED THIS 4TH DAY OF SEPTEMBER, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF SEPTEMBER, 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 21st day of August, 2012 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 23rd day of August, 2012 . )e-7A7-7 KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 21, 2012 PAGE 13 OF 13 Pp ACHE✓L _ ,, City ojApache Junction O U Z Home of the Sluperf7ttion .11orinkrrn.s ___...) '�arza,4r 1 Print TO: City Manager's Office FROM: Matt Busby, Assistant to the City Manager DATE: September 4, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: Consideration of adoption of the Fiscal Year (FY) 2012-2013 City Council Legislative Work Plan. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: City council reviewed and discussed the draft FY 2012-2013 City Council Legislative Work Plan at the August 7, 2012 Regular Session and the August 20, 2012 Work Session. City council may adopt this work plan with any changes FISCAL IMPACT: Budgetary Approval Not Required OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download 0 fy 12 13 work plan final City Council Legislative Work Plan Fiscal Year 2012-2013 DEVELOPMENT OF COMMUNITY 1 Comprehensive Zoning Code Update This major/comprehensive update to the City's 1985 vintage Zoning Code will be a major in-house project for the department,at current staffing levels, it will likely take a year and a half to complete The updated Zoning Code will include, among other things, unique land-use provisions for certain character districts, such as the proposed Rural Western Lifestyle District.The project is approximately 50%complete with the Planning and Zoning Commission Staff estimates the first City Council review will be in June 2013. This item was carried forward from the FY 11/12 legislative work plan 2. Create Regulatory Information Sources Staff will provide better public access and understanding of applicable codes and ordinances (e g. brochures, web, social media, etc). For example, if the Council adopts a Rural Western Lifestyle District as part of the evolving Zoning Code update, staff will create various public communication options to inform the public about this specific initiative 3 Comprehensive Development Fee Update The State Legislature has changed the law for development fees. The city will need to hire professional consultants to prepare the development fee study, infrastructure improvement plan and fee study in accordance with those changes.This item was carried forward from the FY 11/12 legislative work plan. 4 Portalis Planning This project has been on the council's work program for several years There is a possibility that the state may wish to proceed ahead with the City's Planning processes within the next year. This item was carried forward from the FY 11/12 legislative work plan 5. Superstition Vistas The Superstition Vistas project area covers 275 square miles of undeveloped Arizona state trust land on the eastern edge of Phoenix. City Council is interested in actively tracking the progress of the long term project and providing input to stakeholders at the state, county, and others. This item was carried forward from the FY 11/12 legislative work plan 6 GIS Database Update The City has hired a geographic information system (GIS) consultant to update the city GIS property database, create an intranet GIS application for internal staff use and then create an internet GIS application for the public This update will improve access to property information and mapping related to zoning, utilities, lot size, infrastructure, structure size, air photos, ownership, addresses, and other important land use elements. The Council may need to review and direct GIS policy regarding GIS use and funding 7 Landfill Closure Ordinance Amendment City ordinance requires the owner of the landfill to work with the City on a closure plan Amendments to the ordinance are needed to clarify and define the City's interests regarding the landfill post-closure 8. Odor Easement Ordinance In order to save significant dollars in a land purchase for an odor easement required by ADEQ, the Superstition Mountain Community Facilities District (SMCFD) is proposing that the city adopt an ordinance regarding reducing the size of a required odor easement to satisfy ADEQ requirements This is assist in preparing for the eventual development of state trust land near and around the SMCFD property 9 Villagio Development Agreement Staff will bring to city council for review and possible approval of a development agreement associated with the Villagio residential development near 16th Avenue and Delaware 10 Apache Palms Development Agreement Staff will bring to city council for review and possible approval of a development agreement associated with the Apache Palms residential development near Winchester Road and Broadway Avenue COMMUNITY INFRASTRUCTURE 11. North Apache Trail Improvements—Phase 2 Consider an award of contract for the construction of improvements to North Apache Trail Phase 2 12 Street and Transportation Strategic Plan Develop a strategic five to ten year for the city's transportation network. This item was carried forward from the FY 11/12 legislative work plan. 13. Alternative Street Funding Collections to the Highway Users Revenue Fund continue to decline and maintenance needs for city streets continue to increase. Council and staff will seek out new ways to preserve vital city infrastructure. Findings will be incorporated into the"Street and Transportation Strategic Plan" described in item 11 above This item was carried forward from the FY 11/12 legislative work plan 14. Annual Street Maintenance Plan Consider the planned street maintenance and construction projects for the FY 12/13 This is an annual work plan item. 15 Preventive Maintenance Street Projects Consider an award of contract for slurry seal projects as per FY 12/13 Annual Street Maintenance Plan This is an annual work plan item. 2 16 Rehabilitative Maintenance Street Projects Consider an award of contract for asphalt concrete overlay projects as per FY 12/13 Annual Street Maintenance Plan. This is an annual work plan item 17. Procurement of Fleet/HURF Vehicles Consider an award for the procurement of city fleet vehicles and equipment This is an annual work plan item 18 Engineering Standards and Public Works Fees Consideration of updates to the existing engineering guidelines and public works fees. This item was carried forward from the FY 11/12 legislative work plan 19 Superstition Mountain Community Facilities District Intergovernmental Agreement(IGA) Consider a potential IGA between the City and Superstition Mountain Community Facilities District This item was carried forward from the FY 11/12 legislative work plan 20. Apache Junction Fire District Intergovernmental Agreement(IGA) Consider changes and updates to the existing IGA between the City of Apache Junction and the Apache Junction Fire District(AJFD) A new addition to the IGA would include the maintenance of EVP on ADOT signals outside the city but within the AJFD This item was carried forward from the FY 11/12 legislative work plan 21 School District Intergovernmental Agreement(IGA) The school district has indicated interest in modifying the existing IGA relating to facility use and maintenance.This project would involve significant staff work by the district and city.The city council and school board would ultimately approve modifications to the IGA This item was carried forward from the FY 11/12 legislative work plan 22 Community Garden .ram If requested, consider means to assist in the formation of a community garden This item was carried forward from the FY 11/12 legislative work plan. 23. Dog Park A location and plan for a dog park has already been accepted by City Council but no funding source has been identified Direct staff to research and identify alternative funding sources to build this park. This item was carried forward from the FY 11/12 legislative work plan PUBLIC SAFETY 24 Emergency Operations Planning and Practice Review, practice, and improve the City's planning and preparedness for community emergencies This is an annual work plan item 3 25 Pawn Shop Ordinance Change Staff is recommending and ordinance change to require pawn shops to utilize an online process to require that all transactions be available by computer to assist the Police Department in their investigations THE CITY: INTERNAL ISSUES 26 Recommendation to Council for Revised Labor Market With the 2010 census complete,staff recommends that the city council review the current city labor market and discuss possible changes to improve our gauge of the labor market This item was carried forward from the FY 11/12 legislative work plan 27. Review Employee Class and Compensation with Labor Market Cities. To remain competitive in the labor market, city council has historically requested staff periodically compare employee class and compensation with labor market cities It has been approximately 5 years since the last review. This item was carried forward from the FY 11/12 legislative work plan 28 Investment Debt Management Policy The city's financial advisor has counseled that the city adopt an Investment and Debt Management Policy Doing such will assist city staff in the management of their fiduciary duties. This item was carried forward from the FY 11/12 legislative work plan 29. Non-sufficient Funds City Code Amendment To establish uniformity among departments regarding penalties associated with bounced checks of customers, staff is proposing that an amendment to the city code regarding this issue be reviewed and adopted by the city council 30 League Resolutions Each year the city council has the opportunity to submit or cosponsor resolutions to the League of Arizona Cities and Towns Resolutions Committee. This is an annual work plan item 31 City Tax Code Research and possible consideration of amending the city tax code regarding a city use tax. This item was carried forward from the FY 11/12 legislative work plan 32 Best Value Procurement Members of the City Council expressed interest in researching and possible consideration of amending the city purchasing code to allow for awarding bids according to "best value" instead of strictly lowest bid. This item was carried forward from the FY 11/12 legislative work plan 4 33 Water District Incorporation Some members of the city council expressed interest in researching, discussing, and possible consideration of making the Water District a city owned utility. This item was carried forward from the FISCAL YEAR 11/12 legislative work plan 34 Sewer District Oversight Some members of the city council expressed interest in researching, discussing,and possible consideration of increasing oversight of the Superstition Mountain Community Facilities District 35. Annual Budget Council will consider the FY 12/13 annual budget This is an annual work plan item 36 Park Naming Policy Some members of the city council expressed interest in researching, discussing, and possible consideration of a change to the current Parks Naming Policy 37. Communications Plan Staff will bring forward to the city council a revised Communications Strategy 38 Purchasing Code Consider possible amendment to the purchasing code to raise the dollar limit on expenditures that require City Council approval ECONOMIC DEVELOPMENT 39 Apache Junction Visitor Center Contract Renewal Annually the city council reviews and considers the continuation of the visitor center services conducted by the Apache Junction Chamber of Commerce This is an annual work plan item 40 Greater Phoenix Economic Council(GPEC)Contract Renewal Annually the city council reviews and considers the city's participation in the GPEC, consider the return on investment and hear of GPEC's plans for the coming year, prior to making a decision on contract renewal This is an annual work plan item. 41 Shop Local Discuss current shop local program and research potential opportunities in expanding the program This item was carried forward from the FY 11/12 legislative work plan. 42. Downtown Events Research and discuss opportunities to facilitate bringing additional events into the downtown This item was carried forward from the FY 11/12 legislative work plan. 5 AM Mk 40111. 43 Special Event Process The current process for staff review and approval of special events in the downtown has been reviewed and input given from the community for improving the process Staff will bring forward recommendations to city council for possible approval 44. Phoenix-Mesa Gateway Board Some members of the city council expressed interest in discussing the city's participation or ..► continued non-participation on the Phoenix-Mesa Gateway Airport Board. 45 Downtown Policies Numerous polices need to be addressed by the city council according to the Downtown Redevelopment and Implementation Strategy adopted on September 21, 2010, including. 1 North Apache Trail Improvements—consider award and contract for Phase II (on-street parking, sidewalks) 2 Downtown Events—Consider changes that will encourage more events by simplifying process and/or requirements 3 Business Improvement District—Funding option to continue investments into downtown 4 Funding tourism—Dedicating a portion of the City's Transient Lodging Tax for tourism 5 Public Art—Process and funding of 6 Redevelopment Area—Creating the ATRA and rescinding the MRA 7. Commercial Rehab Guidelines—Opportunities to apply grant funds toward commercial rehab 8 City Toolkit—Update to be reflective of what is actually available 9 Infill Incentive District—Update to be reflective of actual incentives 6 O� PPACkf�y City of Apache Junction Horne of the Superstition Mountains 4RtyoNt' Print TO: City Manager's Office FROM: Patrick Brenner, Community Relations Manager DATE: September 4, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Communication/Outreach TITLE OF AGENDA ITEM. Consideration of approval of the city's proposed Communications Strategic Plan ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Staff seeks final approval of the city's proposed Communications Strategic Plan following two public meeting discussions FISCAL IMPACT: Budgeted Expenditure OPTIONS/ ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available (4-ACHE✓G�'(� '9RIZONP' 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 -.. ar--.�- .ice ' .. / 41. 04014.7. rie oink 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 Ok 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 ajcity 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 amok 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 aicity.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 I_ # # # 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 Pp AC HE�G ti0 'ity of Apache junction o U '' Z Home o/ the Supen—titian :\!oiiilterins QaizoNr Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: September 4, 2012 Agenda Type • Regular Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM: Consideration of revised employment agreement with city manager ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: The mayor and council in concert with City Manager George Hoffman have revised various terms of his employment agreement which requires approval by a majority of the council FISCAL IMPACT: Budgeted Expenditure OPTIONS/ ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D contract EMPLOYMENT AGREEMENT WITH CITY MANAGER THIS AGREEMENT is made and entered into this day of September, 2012 by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City" or "City Council" or "Council"), and GEORGE R. HOFFMAN. ("Employee" or "City Manager"), both of whom understand as follows: RECITALS A. Arizona Revised Statutes Annotated ("A R S ") § 9-303(A) allows the City to create the Office of City Manager B. A.R.S. § 9-303(B) allows the City to specify the powers and duties relating to the affairs of the City Manager. C. A.R.S. § 9-303(C) mandates that the person appointed to the Office of City Manager serve at the pleasure of the City Council and such person may be removed without cause by a majority vote of the City Council. D The City has established an Office of the City Manager pursuant to Apache Junction City Code ("A.J.C.C.") Article 3-1 E. The City and the Employee entered into an Employment Agreement on August 19, 2003. F It is the intention of the parties to modify the terms and conditions by which the City shall receive and retain the services of Employee and to provide for him to remain in such employment, to make possible full work productivity by assuring his morale and peace of mind with respect to future security; to deter against malfeasance or dishonesty for personal gain on his part; and to provide for terminating his services at such time as he may be unable to fully discharge his duties or when City Council may otherwise desire separation from service. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows. SECTION 1. DUTIES Council hereby agrees to employ Employee as City Manager to assume the powers of and perform the functions and duties specified in A J C.0 , Vol I, Article 3-1, and such other applicable ordinances and resolutions now in effect or hereafter adopted by Council. SECTION 2. AT-WILL EMPLOYMENT STATUS A. Employee shall fulfill the powers, functions and duties of City Manager and shall serve at will in this capacity until such time as this Agreement is terminated by operation of law or otherwise B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City Council to terminate the services of Employee at any time. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position as City Manager D. Employee agrees to remain in the exclusive employ of City until notice of termination of this Agreement has been tendered; provided, however, Employee may engage in such additional activities such as teaching, writing, speaking or consulting, on Employee's vacation time off if Employee is compensated for such activities, as long as a conflict of interest is not created by engaging in such activities. SECTION 3. SEPARATION FROM SERVICE A. In the event the City Council desires Employee to no longer serve the City, an affirmative vote of four (4) or more members of the Council at any regular meeting or special meeting is required. Separation of service may be accomplished through A.J C.C., Vol. I, Article 3-1 or by negotiated resignation Notwithstanding the restrictions set forth below in § 3(C), a lump sum cash payment shall be paid to Employee consisting of six (6) months of. (i) Employee's then current aggregate salary, (it) the City's annual 401(a) Retirement Plan contributions, (iii) and the City's annual 457 Deferred Compensation Plan contributions, and an amount equal to six (6) months health insurance Employee shall also be paid all accrued vacation, sick, and all unused personal leave. Employee and City shall give each other sixty (60) days written notice of termination should they desire to terminate this agreement During this time period, Employee shall continue to be paid his salary, together with all benefits negotiated herein. B. As a condition precedent to receiving any severance payment, Employee shall execute a severance agreement acceptable to both parties, which shall include Employee's (i) full release of the City, City Council members, and all of its agents and employees from any and all Maims, including but not limited to demands, damages, causes of action or liability arising out of Employee's employment or termination of 2 Nik employment with City, and any age discrimination actions, and (ii) agreement not to initiate or cause to be initiated under any lawsuit, claim, grievance, proceeding or investigation of any kind, under any contract, law or regulation, pertaining to his employment with the City. C. Upon other separation from service, including but not limited to retirement (but not including an involuntary termination due to any felony conviction), Employee shall receive all accrued vacation, sick, and administrative leave balances at 100% value at Employee's then-current hourly rate. SECTION 4. SALARY AND ANNUAL PERFORMANCE EVALUATION City agrees to pay Employee One Hundred Sixteen Thousand, Seven Hundred Sixteen Dollars and Ninety Seven Cents ($116,716.97) per annum for services, payable in installments at the same time as other employees are paid. Any Cost of Living, Base Wage adjustment, or service award provided to classified employees shall be equally awarded to Employee, and any salary reduction or furlough imposed by the City on classified employees shall equally affect Employee Salary increases may, at Employee's discretion, be deposited into his 401(a) ICMA Executive Retirement Plan referenced below if permitted under IRS rules and regulations. Following an evaluation by the City Council, Employee and City may negotiate additional compensation and benefits as they deem fit. The City Council may also provide periodic performance bonuses in its discretion. The annual performance evaluation shall be in accordance with specific criteria and goals jointly developed by Employee and the City Council. The goals shalt be assigned relative priority by the City Council and Employee, and shall be reduced to writing. Such goals may be modified from time to time by the City Council in consultation with Employee. SECTION 5 OTHER SUPPLEMENTAL BENEFITS A. Leaves. Employee shall on an annual basis accrue two hundred forty hours of vacation leave, ninety-six (96) hours of sick leave; and twelve (12) hours of personal leave for each year of service with the City Leaves shall be credited January of each calendar year. Upon separation from service Employee shall receive all of his accrued sick leave balance at one hundred percent (100%) value at Employee's then- current hourly rate. Any remaining personal leave shall be converted to vacation leave on the last full pay period of each calendar year. B. Car allowance. Employee is provided $450 per month for a car allowance and $100 per month for a gas allowance. 3 AN. C. Notification. Employee shall notify Mayor of any planned or unplanned absences from the office. D. Professional Dues, Seminar Costs, and Subscriptions. Because Employer encourages Employee to attain positions of leadership in national, state regional and local associat€ons and organizations relevant to his profession, City will pay for all seminars, educational programs and materials, and professional dues, including but not limited to all national, state, regional, and local association affil€ation membership costs, subscriptions, travel and subsistence expenses, which relate to municipal issues, and those which otherwise would assist the City Manager in the performance of his duties. E. Deferred Compensation (457 Plan). Employee may contribute the maximum amount allowable under I R S. rules and regulations during each calendar year this agreement is in effect to City's Deferred Compensation 457 Plan. City shall contribute on behalf of Employee an amount equal to the then current maximum allowable 457 Plan amount, to include any applicable 457 Plan Catch-Up Provisions, into the 401(A) Profit Sharing Plan identified below. This City-paid contribution shall be in addition to any 401(A) Profit Sharing Plan contribution the City has agreed to pay to Employee as otherwise set forth in this agreement. F. ICMA 401(A) Profit Sharing Plan. Beginning July 1:t of each fiscal year this agreement is in effect, City shall contribute on behalf of Employee sixteen percent (16%) of Employee's gross salary 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. Admik G Bond. The City shall pay the bond requirement set forth in A.J.0 C Article 3-1, § 3-1-5, in its entirety. H. Other Benefits. Ali action taken by City Council relating to fringe benefits for employees in the executive ranges shall be considered actions granting the same benefits to Employee. The term "fringe benefits" include but are not limited to vacation, sick leave, holidays, retirement, health, dental, vision, long-term disability and life insurance. City shall pay for the costs of an annual executive physical examination (and any related testing) to the extent not covered under the above-referenced health plan, including any deductibles or co-pays. City shall pay 100% of the premium for Employee's dependents in the health and dental plans referenced above. If alternative health plans are offered, Employee shall advise the Human Resource Department of his selected alternative. 4 Employee may, at his discretion, decide to decline the health, dental, vision, and life insurance coverages which are provided by City. In such case, and with an amount of time required by insurance providers, Employee may request, and City shall effectuate, conversion of such value and deposit such amount into Employee's 401(A) Plan identified in subsection G above. The benefits provided to Employee under this Agreement shall not be reduced or eliminated unless the City Council reduces such benefits for all regular classified employees of the City. p I. Residency. Employee agrees to maintain residence within the corporate boundaries of the City of Apache Junction, Arizona. J Hours of Work. It is recognized that Employee must devote a large amount of time outside traditional business hours to the business of the City. Employee shall be permitted to adjust his work schedule as he deems appropriate, so long as he is available and the management of the City is not harmed. SECTION 6. INDEMNIFICATION City shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or any other legal action, whether groundless or otherwise, arising out of any alleged act or omission occurring in the course and scope of performance of Employee's functions and duties. City will compromise and settle any such claim or suit and pay the amount of all settlements or judgments rendered against Employee SECTION 7. OTHER TERMS AND CONDITIONS A. The City, in consultation with Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or conflict with the provisions of this Agreement, the Apache Junction City Code, or any other statute, ordinance or regulation B. The Term of this agreement and appointment of Employee as City Manager shall be retroactive from July 1, 2012. SECTION 8. 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 5 Aiss r. City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85119 Employee: George R. Hoffman P.O. Box 1562 Apache Junction, AZ 85117 SECTION 9. ATTORNEY FEES In the event it becomes necessary for either party to bring legal action to enforce any provision of this Agreement, the parties agree that the prevailing party shall be entitled to attorney fees. SECTION 10. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties No other promises, representations, warranties, or covenants have been relied on by either party in executing this Agreement. SECTION 11 ASSIGNMENT This Agreement is not assignable by either City or Employee SECTION 12. EXECUTOR/HEIRS INTERESTS This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the Employee. SECTION 13. SEVERABILITY If any section, paragraph, clause or provision of this agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this agreement. 6 /, EMPLOYEE Date George R. Hoffman CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Date John S. Insalaco, Mayor ATTEST: Kathleen Connelly, City Clerk APPROVAL AS TO FORM. f R. Joel Stern, City Attorney 7 ((Is City o�/pache Junction Home of the S l/perctit/on Mountains 4RtzoNr Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: September 4, 2012 4genda Type : Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: Consideration on the purchase and award of fleet vehicles for the Police and Public Works departments through State Contract#ADSPO 12-016662 in an amount not to exceed $21 1,815.46. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION. Staff requests authorization to move forward with the purchase of four Ford Utility Interceptors and one F-350 Cargo Van for the Police Department and one F-150 Super Crew Pickup through State Contract#ADSPO 12-016662 All vehicles will be replacement vehicles The total cost of the vehicles would be a not to exceed amount of$211,815 46 including tax purchased through Chapman Ford. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval ATTACHMENTS Click to download I] Memo to Council PQAC14 a4 � Public Works Department A _� a+ .�4/„o u t Z liter Home of the Superstition Mountains ' vzoWfn Date August 21, 2012 To. Mayor and Members of City Council Through George Hoffman, City Manager Giao Pham, Interim Public Works Director From. Shane Kiesow, Public Works Manager Subject Fleet Vehicle Procurements With the adoption of the Fiscal Year 2012-2013 City operating budget, the following replacement vehicles were identified and budgeted for the Police Department. - Four Ford Pursuit Interceptors for the Patrol Division (totaling $157,714 64) - One Ford E-350 Cargo Van for retrofit as a prisoner transport (totaling $27,660.49) Also the following for Public Works' Street Division - Ford F-150 Super Crew Pickup (totaling $26,440 33) Staff would like City Council to give approval to purchase which would total a not to exceed amount of$211,815 46 including tax This item was discussed before City Council on August 20, 2012 The recommended purchase would be through the cooperative State Contract #ADSPO 12-016662 with Chapman Ford 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 PpACHf✓G Am. 4 O� y0 � ,t • 4 o City of Apache Junction U: Z Home of the Superstition ,1,1 ounturns 4pizos- / Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: September 4, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Communication/Outreach TITLE OF AGENDA ITEM: Consideration of agreement with East Valley Adult Resources for Fiscal Year(FY) 2012-2013 Ride Choice Program in an amount not to exceed $26,432.00. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION. This program provides transportation services for qualified city residents who are elderly (60 or older) or disabled adults (18 or older) This program has been in place since 2003 FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: ....RECOMMENDATION: ATTACHMENTS: Click to download ❑ cover memo D proposal ❑ agreement 0.1 eiN AUGUST 7 2012 MEMORANDUM 10 HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER FROM KATHLEEN CONNELLY, CITY CLERK SUBJECT AGENDA ITEM FOR AUGUST 20, 2012 WORK SESSION AND SEPTEIvIBER 4, 2012 REGULAR MEETING - RIDE CHOICE AGREEMENT Since 2003 the city has provided transportation funding for elderly city residents 60 years of age and older and disabled adult city residents (18 years of age and older) The program, ,nitially known as Enaoling Transportation started operation in January 2004 with a funding level cf S 11 500 For fiscal years 2004, 2005 and 2006 funding was in the amount of S30 000 $33,960 in FY 2007 and S33 040 for FY 2008 Even though other service providers experienced a 20,6 reduction in FY 08-09 this program escaped that cutback oy one meeting For FY 09-10 FY 10-1 1 and FY 11-12, the program did receive the 20~% reduction and was funded in the amount of$26,432 00 The recommendation for FY 12-13 is to continue to provide funding in the amount of $26,432 The funding ov II provide mileage reimbursement for 30,000 miles at 44c per mile up to a rnaxim,:m of 200 miles per month per person The additional amount will cover staff support to monitor the program, marketing and brochures and normal office costs This agreement will oe placed on your consent agenda for the September 4 meeting Please contact me if you 'nave any questions EASE' VALLEY --- ,:.,aGor et a es ,Corns 'ea,r:c..r.are Ca,.'Dr f c,h Cab., Choice Apache Junction RIDE Choice City of Apache Junction FY 2012-2013 INTRODUCTION The Ride Choice service began in January 2004 as an alternative transportation service (mileage reimbursement) The City of Apache Junction has continued to support this service by approving$30,000 for first two fiscal years and approving S33,960 for FY 2007/2008 and $33,040 00 for FY 2008/09 Due to City of Apache Junction funding restrictions a 20% reduction for FY 2009!10 made the allocation 526,432 A level allocation has been maintained over the last two years of$26,432 The FY 2012/13 request remains level at 526,132 Ride Choice Benefits to permanent Apache Junction Residents 1 The mileage reimbursement incentive will be utilized to encourage volunteer drivers to provide transportation for persons who have difficulty utilizing existing transportat nn systems. The utilization of this reimbursement incentive is for the elderly(60 Years and over) and disabled adults i 18 years and over;of the community The incentive will provide reimbursement to the enrollee at a rate of 5 44 per mile Participants' reimbursement snail be limited to a monthly maximum amount of 200 miles The trip purpose for clients is rot restricted, but primary destinations are Apache Junction Active Adult Center, medical apoointments, grocery shopping, personal errands, banking,religious activities and volunteer work PIN reimbursement East Valley Adult Resources will be responsiole for participant certification reimbursement distribution East Valley Adult Resourr es staff will meet with social service providers who s orK with disabled adults and provide presentations to groups representing the disabled community to explain the service and how it is accessed Information materials in the appropriate format will he developed in order to promote the service to disabled individuals 3 Staff support services will include,but not be limited to participant certification travel verification, reimbursement request authorization, Coupon dispersal and payment distribution East Valley Adult Resources will be responsible for all accounting and related record keeping 4 Marketing efforts shall include the development of promotional items displa is and marketing campaigns to current clients and potential clients to promote program usage 1 PIN Ride Choice Budget Projections FY 2-12-13 Mileage Reimbursement Item Expenses r Justification Reimbursement $13,200 00 j 44 per mile@30,000 miles Staff support $12,480 00 I $20 00 per hour@524 hours Printing,postage,telephone $600 00 S50 per month Marketing S152 00 I Brochures,flyers posters, etc Total 1 $26,432 00 PROFESSIONAL SERVICES AGREEMENT WITH EAST VALLEY ADULT RESOURCES, INC. FOR MILEAGE REIMBURSEMENT INCENTIVE PROGRAM ("RIDE CHOICE") THIS AGREEMENT is made and entered into this day of 2012, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona ,,e municipal corporation ("City") and EAST VALLEY ADULT RESOURCES, INC., a 501(c)(3) non-profit corporation ("Contractor") for the project entitled "Mileage Reimbursement Incentive Program" (also known as "Ride Choice"). WHEREAS, in previous Town Hall meetings with citizens, transportation was identified as an important issue within the City of Apache Junction, and WHEREAS, the City has historically assisted the elderly and disabled in their transportation needs as a public service, and WHEREAS, Arizona Revised Statutes Annotated ("A R S ") § 9-500 11(A) allows the City to appropriate and spend public monies for and in connection with economic development activities; and WHEREAS, A.R S § 9-500 11(c) defines "economic development activities" to include any project assistance, undertaking, program or study that the City Council finds and determines to improve and enhance the economic welfare of the inhabitants of the City, and WHEREAS, the City finds that assisting the elderly and disabled in their transportation needs is an important and Valuable service which enhances the economic welfare of inhabitants in the City, and WHEREAS, an objective of the 199^ General Plan Circulation Element is to provide alternative transportation opportunities by providing low cost lob k transportation for the elderly, and WHEREAS, Contractor's Ride Choice program is a mileage reimbursement program that was initiated in the City of Mesa in 1999, and WHEREAS, in 2003, the Apache Junction Mayor and City Council approved Eleven Thousand Five Hundred Dollars (S11,500 00) for the planning and initial implementation of the Enabling Transportation ("ET") Program for Fiscal Year 2003-2004, and WHEREAS, service began in January 2004 in the City of Apache Junction for the elderly, and WHEREAS, in August 2004, September 2005, and September 2006 the Apache Junction Mayor and City Council approved $30,000 for the continuation of the ET Program, now renamed as the "Ride Choice" Program. In 2007, the Mayor and City Council budgeted $33,960; in 2008 budgeted S33,040, and in 2009, 2010 and 2011 budgeted $26,432 respectively for the Ride Choice Program. NOW, THEREFORE, City agrees to retain and does hereby retain Contractor and Contractor agrees to pro fide the services required according to the terms and conditions and for the consideration set forth below 1 CONTRACTOR'S DUTIES Contractor agrees to perform the following professional services in connection with the Project A In General Contractor will facilitate the Ride Choice to encourage drivers to provide transportation for persons who have difficulty utilizing existing transportation systems The utilization of this reimbursement incentive is for the elderly (sixty (60) years old and over) and disabled adults (18 years of age and older), all of whom shall be residents of the City of Apache Junction Trip purposes are restricted to the following primary destinations except for political activities excluding voting Apache Junction Active Adult Center and Multigenerational Centers, medical appointments, grocery shopping, personal errands; banking, and volunteer work. The incentive will provide reimbursement to enrollees (drivers) at a rate of forty- four cents (30 44) per mile Participants' reimbursement shall be limited to a monthly maximum of two hundred (200) miles. B Certification/Marketing Contractor will be responsible for participant certification and reimbursement distribution. Contractor staff will meet with social service providers who work with disabled adults and provide presentations to groups representing the disabled community to explain the service and how it is accessed Information materials in the appropriate format will be developed in order to promote the service to disabled individuals. Marketing efforts shall include the development of promotional items, displays and marketing campaigns to current clients and potential clients to promote program usage. 2 C. Staff Support_ Staff support shall include but not be limited to participant certification, travel verification, reimbursement request authorization, coupon dispersal and payment distribution Contractor will be responsible for all accounting and related record keeping 2 COMPENSATION The Contractor shall be reimbursed for its reasonable costs in performing the services in an amount not exceed Twenty-Six Thousand Four Hundred Thirty-Two Dollars ($26,432) for the period of July 1, 2012 through June 30, 2013 as broken down more specifically in Section 4 below. To receive payment, Contractor shall present to the City accurate and properly itemized invoices. Such invoices shall be presented quarterly All payments made to the Contractor under this Agreement are conditioned upon the City receiving the funds projected to be available for expenditure hereunder. The City shall not be liable for any purchases or contracts entered into by the Contractor in anticipation of receiving payments under this Agreement. 3 TERM This Agreement shall be effective beginning July 1, 2012 through June 30, 2013, and shall be subject to annual renewals as negotiated by the parties 4. CONTRACTOR'S BILLING. Contractor shall bill City with quarterly invoices within the budgeted amounts set forth below. City shall pay such billings within thirty (30) calendar days upon being presented acceptable invoices Budget Request FY 2012-2013 Item Maximum Reimbursement Amount Aom 1) Reimbursement $13,200 00 2) Staff support $12,480 00 3) Printing, postage, telephone $ 600 00 Average $25 00 per month 4) Marketing and Brochures, etc $ 152 00 Total $26,432 00 5 CONTRACTOR'S STANDARD OF PERFORMANCE. While performing the services, Contractor shall exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. 3 As ob. Aim Consultant shall be responsible for all errors and omissions Contractor commits in the performance of this Agreement. 6. NOTICES All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel If to City. City Clerk City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 If to Contractor: Daniel H. Taylor Executive Director 45 W University Drive Suite A Mesa, AZ 85201-5831 7 TERMINATION This Agreement may be terminated by either party upon fifteen (15) calendar days written notice If this Agreement is terminated, Contractor shall be paid for all uncontested services performed to the date of receipt of such termination notice 8 SUBCONTRACTORS• The duties under this agreement cannot be subcontracted in any form 9 RECORDS AND EXPENSES Records of Contractor's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during f► regular business hours. Contractor shall maintain financial records which enable the City to determine whether funds provided under this Agreement are being expended according to the budget supporting City funds as set forth in Section 4 of this Agreement The City may also request Contractor to provide an accounting of expenses to be supplied to City within thirty (30) calendar days after the City makes such request Should the City determine that Contractor has violated the budget limitations, the City may at its sole discretion terminate this Agreement pursuant to Section 7 above 10 INSURANCE The Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A M Best, Inc Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City 4 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted, failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement The Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it Al ilk Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City The insurance policies, except Workers' L:ompensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, work or service. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies The Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or he deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. �• REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage riill be at least as broad as that on Insurance Service Office, Inc Policy Form No. CG 00011093, or any replacements thereof. 5 Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc 's Additional Insured, Form B, CG 20101185, and shall include coverage for Contractor's operations and products and completed operations. if required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, w`iich may arise in the prosecution of the Contractor's work, service or operations under this Agreement Coverage shall be on an occurrence basis with a limit not less than S1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues the Contractor's Commercial General Liability insurance. Automobile Liability Contractor shall maintain CommercialiBusiness Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than S 1,000,000 each occurrence with respect to Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of Contractor's work. Coverage will be at least as broad as coverage code 1, "any auto", {Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof) Such insurance shall include coverage for loading and off loading hazards If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit By execution of this Agreement, Contractor certifies as follows. am aware and understand the provisions of A R S § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply 6 with such provisions before commencing the performance of the work of this Agreement If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurers), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect and are maintained so during the term of this Agreement. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance If a policy does expire or is cancelled during the life of the Agreement, a renewal certificate must be sent to City thirty (30) days prior to the expiration or cancellation date All Certificates of Insi_ranee must include this thirty (30) day notice provision in its cancellation clause Failure to provide the thirty (30) day notice will constitute a material breach of contract • Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City at the time of execution of this Agreement and shall include the City , its Mayor, City Council, appointees and employees as an additional insured parties The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy " 11 RIGHT OF CITY TO CONTRACT WITH OTHERS. Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant 7 12. EXCUSABLE DELAYS City and Contractor shall exert all efforts to perform their respective responsibilities under this Agreement However, neither party shall hold the other party responsible for inability to render timely performance if such inability is a direct result of a force beyond its control, including but not limited to the following* strikes, lockouts, embargoes, failure of carriers, inability to obtain transportation facilities, acts of God or the public enemy, or other events beyond the control of the other or the other's employees and agents /1 13. INDEN1NlFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless the City, its Mayor, City Council, agents, officers, officials and employees from and against all tortious claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor's suhconsultants in the performance of this Agreement Contractor's duty to defend, hold harmless and indemnify City, its agents, officers, officials and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom caused by an Consultant's acts, errors, mistakes, omissions, Nork or services in the performance of this Agreement including any employee of the Contractor, any tier of Contractor's subconsultant or any other person far whose acts, errors, mistakes, omissions, work or services the Consultant may be legally liable The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph and such indemnification shall service the expiration or other termination of this Agreement. 14. WAIVER OF TERMS AND CONDITIONS The failure of City or Contractor to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect 15. INDEPENDENT CONTRACTOR Contractor shall at all times during Contractor's performance of the services retain Contractor's status as independent contractor Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Consultant. 8 AGIN 16 GOVERNING LAW AND VENUE The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any othet county and right to jury trial in the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action 17 OWNERSHIP OF RECORDS AND REPORTS All of the files, reports, documents, information as well as all data prepared or assembled in any other form by Contractor under this Agreement, shall be and shall remain the property of City and shall be forwarded to City at any time City requires such papers and files 18 LICENSE. Contractor represents and warrants that any license necessary to perform the work under this Agreement is current and valid Contractor understands that the activity described herein constitutes `doing business in the City of Apache Junction" and Contractor agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code and keep such license current during the term of this Agreement Any activity by subconsultants within the corporate city limits, will invoke the same business tax regulations on any subconsultants, and Contractor ensures its subconsultants will obtain any required business tax license, 19 N©NASSIGNIVIENT. This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Contractor. Neither party to this Agreement shall assign its interest in the Agreement. either in whole or in part. Contractor shall not assign any monies due or to become due to it hereunder without the prior written consent of City 20 ENTIRE AGREEMENT This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein, provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary 9 PIN 21 SEVERABILITY City and Consultant each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, City Code or City Charter), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect, provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 22 CONFLICTS OF INTEREST The provisions of A.R S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 23 POLiTiCAL ACTIVITIES As a community service-based organization, Consultant is a non-political organization Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election No board member, officer or employee of Consultant shall solicit any contribution in cash or services from any Consultant employee to support any candidate for public office. No board member or officer shall use the name of Consultant, or use their affiliation with Consultant, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a 0.41 board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Consultant in any way, while engaging in said activity The functions and activities of Consultant are non-political with respect to candidates for political office Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Consultant function or event This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written CONSULTANT A„ik By. DANIEL TAYLOR Title Executive Director CITY OF APACHE JUNCTION, an Arizona municipal corporation By' JOHNS INSALACO Title' Mayor ---_ ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J STERN City Attorney 11 ROLL CALL VOTE NOTES: veil/ ITEM # I MEETING OF q(ti(117 MOTION BY SECONDED BY jYES NO ABSTAINED COUNCILMEMBER EVANS V COUNCILMEMBER BARKER ✓ VICE MAYOR DIETZ COUNCILMEMBER WALDRON V COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEMS NO. 1-7 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT THE FISCAL YEAR 2012-2013 CITY COUNCIL LEGISLATIVE WORK PLAN BE ADOPTED, AND THAT APPROVAL BE GIVEN FOR THE COMMUNICATIONS STRATEGIC PLAN; AND THAT REVISED EMPLOYMENT AGREEMENT WITH THE CITY MANAGER RETROACTIVE TO JULY 1, 2012, AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT; AND THAT AUTHORIZATION BE GIVEN TO PURCHASE FOUR FORD PURSUIT INTERCEPTORS FOR THE PATROL DIVISION IN THE AMOUNT OF $157,714.64, ONE FORD E-350 CARGO VAN FOR RETROFIT AS A PRISONER TRANSPORT IN THE --� AMOUNT OF $27,660.49 AND ONE FORD F-150 SUPER PICKUP FOR THE PUBLIC WORKS STREET DVISION IN THE AMOUNT OF $26,440 33 FROM CHAPMAN FORD THROUGH COOPERATIVE STATE CONTRACT#ADSPO 12-016662 IN THE TOTAL AMOUNT OF $211,815.46, INCLUDING TAX; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN EAST VALLEY ADULT RESOURCES AND THE CITY OF APACHE JUNCTION FOR THE FISCAL YEAR 2012-2013 RIDE CHOICE PROGRAM IN AN AMOUNT NOT TO EXCEED $26,432.00, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT Pp AC lit a -0 Ci y of Apache Junction U _ O Nome of the .S upet:stttron 1.1 orrirt iz,z.s 4R1Z0t� Print TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE: September 4, 2012 agenda Type • Regular Agenda Council Priority Focus Area: Revenue Development TITLE OF AGENDA ITEM: PRESENTATION OF A CHECK BY THE CITIZENS CENTENNIAL COMMITTEE TO THE BOYS AND GIRLS CLUB OF THE EAST VALLEY, APACHE JUNCTION BRANCH FOR SUPPORT OF ITS YOUTH PROGRAMS. ACTION REQUESTED Information Only (No discussion) DISCUSSION / BACKGROUND INFORMATION• A representative of the Citizens Centennial Committee will present a $1,065.00 check to Ms Laurie Armstrong; Ms Armstrong is the Executive Director of the Boys and Girls Club of the East Valley, Apache Junction Branch. The funds are to be used by the club for support of its youth programs. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: ECOMMENDATION: Staff respectfully requests that the Mayor and City Council observe the presentation of the check to Ms. Armstrong. ATTACHMENTS: Click to download No Attachments Available O� 0,ACHE v2 �- City of Apache Junction U Z Home ry the .S upe;:s'titzotl Al onntayis 4pizoNh Print TO: City Manager's Office FROM Roger S. Hacker, Revenue Resources Manager DATE: September 4, 2012 agenda Type : Regular Agenda Council Priority Focus Area: Revenue Development TITLE OF AGENDA ITEM: PRESENTATION OF A CHECK BY THE CITIZENS CENTENNIAL COMMITTEE TO MAYOR INSALACO FOR YOUTH PROGRAMS AT THE PARKS AND RECREATION DEPARTMENT ACTION REQUESTED: Information Only (No discussion) DISCUSSION / BACKGROUND INFORMATION: A representative of the Citizens Centennial Committee will present a $1,065.00 check to Mayor Insalaco and Parks and Recreation Commissioner Theresa Nesser. The funds are to be used by the Parks and Recreation Department for support of its youth programs FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: IECOMMENDATION: Staff respectfully requests that Mayor Insalaco accepts the check on behalf of the Parks and Recreation Department ATTACHMENTS: Click to download No Attachments Available O� Pp AC HE✓�''L - 2ty of Apache Junction U z Home of the .Superstition Mountains 4R12oo' Print TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE: September 4, 2012 Agenda Type : Regular Agenda Council Priority Focus Area• Revenue Development TITLE OF AGENDA ITEM: PRESENTATION OF A CHECK BY THE FRIENDS OF APACHE JUNCTION TO MAYOR INSALACO FOR THE PARKS AND RECREATION DEPARTMENT. ACTION REQUESTED: Information Only (No discussion) DISCUSSION / BACKGROUND INFORMATION: A representative of the Friends of Apache Junction Board of Directors will present a $2,000 00 check to Mayor Insalaco and Parks and Recreation Commissioner Theresa Nesser The funds are to be used by the Parks and Recreation Department for support of its programs FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: tECOMMENDATION: Staff respectfully requests that Mayor Insalaco accepts the check on behalf of the Parks and Recreation Department ATTACHMENTS: Click to download No Attachments Available PPACHE4 •• 2�o City of ipache Junction U Z Home of the .Superstition .1.1olrlrtui,:s Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE September 4, 2012 %genda 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 Amb. Aloft PUBLIC HEARING 1. For PROPOSED RESOLUTIONS 12-28 AND 12-29, CREATING THE APACHE TRAIL REDEVELOPMENT AREA AND RESCINDING THE MERIDIAN REDEVELOPMENT AREA 2. Will BUSINESS ADVOCATE JANINE SOLLEY speak to the Council? 3. Will the applicant or spokesperson please sneak 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. --\\ c3c PpAcHE.vo _ C iO o�f Apache Junction Home of the .Supei:ct tion M0111ItclillS Print TO. City Manager's Office FROM: Janine Solley, Business Advocate DATE: September 4, 2012 .genda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NOS. 12-28 AND 12-29, CREATING THE APACHE TRAIL REDEVELOPMENT AREA, AND RESCINDING THE MERIDIAN REDEVELOPMENT AREA. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: As an outcome of the Downtown Redevelopment and Implementation Strategy (DRIS), staff sought to implement one of the recommendations by modifying the Meridian Redevelopment Area (MRA) boundaries in order to "close the gap" on a small number of commercial parcels that fell outside either of the two existing redevelopment areas In studying the area, staff noted some adjacent downtown residential neighborhoods that could seemingly benefit from some redevelopment programs and funding as well. Because of the more significant boundary changes, staff is recommending a new area, the Apache Trail Redevelopment Area (ATRA) be established, and that the MRA (of which all the properties are subsumed in the ATRA) be rescinded. Staff further recommends the work plan to be used for the ATRA, as required by the State for a redevelopment area, is the DRIS FISCAL IMPACT: Budgetary Approval Not Required JPTIONS/ ALTERNATIVES: RECOMMENDATION: Staff respectfully requests approval of Resolution Nos. 12-28 and 12-29 ATTACHMENTS: Click to download L] Staff Memo L] Resolution No. 12-28 ❑ Resolution No. 12-29 ri.j Iwo l Lege.; DATE August 13, 2012 MEMORANDUM TO: The Honorable Mayor and City Councilmembers MEMORANDUM THROUGH George Hoffman, City Manager Bryant Powell, Assistant City Manager MEMORANDUM FROM. Janine Solley, Business Advocate Heather Patel, Program Coordinator SUBJECT Apache Trail Redevelopment Area Staff introduced the item of the Apache Trail Redevelopment Area to the City Council at their August 6, 2012 Work Session The purpose of establishing a redevelopment area is to provide a municipality a tool that might help bring about grant dollars or redevelopment programs to areas in the community that could benefit from redevelopment. The idea of the Apache Trail Redevelopment Area stemmed from a recommendation in the City adopted Downtown Redevelopment and Implementation Strategy (DRIS) The DRIS seeks to create a vibrant downtown that reflects the heritage of the community and has a host of goals, strategies and tasks to help the community reach that vision The consultant realized there was a "gap" in the existing two redevelopment areas along the City's main commercial corridor They recommended modifying the boundaries of the Meridian Redevelopment Area in order to close that gap As staff considered possible modifications to close the gap, they noted there were some adjacent downtown neighborhoods that could benefit from redevelopment as well An assessment was completed to determine what areas had the greatest needs based on building condition (commercial and residential) and infrastructure deficiencies The neighborhoods included in the proposed boundaries were identified to have a higher concentrated need for residential and infrastructure improvements which will benefit from the redevelopment declaration and could be afforded financing opportunities Staff presented the item to the Planning & Zoning Commission at their July 10, 2012 Work Session. A Public Hearing on the item was also held at the Planning & Zoning regular meeting of July 24, 2012 The Commission voted 5 — 0 in favor of staff's recommendation (with one Commissioner being absent, and one vacancy) After the August 6, 2012 City Council Work Session, staff reviewed the Council's inquiry about adding additional surrounding neighborhoods to the proposed ATRA Although these neighborhoods could be added, grants are based primarily on need, thus the neighborhoods with greater need would ultimately receive the investment Adding additional areas at a later date or creating a separate residential redevelopment area could be options to look at in the future After review and analysis, staff is recommending • A new redevelopment area be created with the boundaries proposed at the August 6, 2012 City Council Work Session —Apache Trail Redevelopment Area (ATRA), and that the work plan for the ATRA, as required by the Arizona Revised Statues for a redevelopment area, be the DRIS (Resolution No 12-28) • The MRA be rescinded as the ATRA subsumes all of the properties within the MRA (Resolution 12-29) /^ RESOLUTION NO. 12-28 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, SETTING FORTH FINDINGS IN SUPPORT OF THE EXISTENCE OF ADDITIONAL AREAS WITHIN THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION THAT QUALIFY FOR REDEVELOPMENT PURSUANT TO ARIZONA REVISED STATUTES, ANNOTATED § 36-1471, ET SEQ WHEREAS, Arizona Revised Statutes Annotated ("A R S ") § 36-1471, et seq. , provides for redevelopment of certain areas within municipalities to facilitate and assist in redevelopment of commercial areas; and WHEREAS, certain findings are required to be made by the local governing body of a municipality prior to the exercise of the power granted by A.R.S . § 36-1473, and WHEREAS, the majority of the residential and nonresidential structures within the boundaries of the area described in Exhibit A and depicted on the map in Exhibit B, is incorporated as part of this resolution, and meets the criteria for slum or blighted area as defined in A R S § 36-1471 (2) and (18) , and WHEREAS, diversity of ownership within the described area forestalls the assemblage of lots into parcels suitable for redevelopment, and WHEREAS, the platting of said lots within the described mapped area is minimal, and WHEREAS, the combination of the above-mentioned factors causes the following effect 1 Substantially impairs the economic growth of a central business area of the City of Apache Junction by negatively impacting the orderly expansion of the area and limits job opportunities in the area, and 2 Discourages development of housing facilities by preventing the redevelopment of a beneficial and usable combination of new units, and RESOLUTION NO. 12-28 PAGE 1 OF 3 AmIN 3 Constitutes an economic and social liability which stifles redevelopment WHEREAS, on July 7, 1998 the City of Apache Junction Arizona established the Crossroads Redevelopment Area ("CRA") by adopting Resolution No. 98-20, and on May 6, 2008 reaffirmed the eiN 1998 declaration; and WHEREAS, on the same date, the City of Apache Junction adopted the CRA plan pursuant to Resolution No. 08-07; and WHEREAS, on May 16, 2000 the City of Apache Junction Arizona established the Meridian Redevelopment Area ("MRA") by adopting Resolution No 00-09, and WHEREAS, on September 4, 2012 the City of Apache Junction Arizona rescinded Resolution No. 00-09, the Meridian Redevelopment Area, and WHEREAS, the City Council held a work session on the proposed Apache Trail Redevelopment Area ("ATRA") on August 6, 2012 . WHEREAS, the owners of all real property within the proposed boundaries of the ATRA have been notified by 1st Class U S mail of the findings and redesignation. 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 find that slum and blighted redevelopment areas, as defined by Arizona Revised Statutes § 36-1471 (2) and (18) , hereby exist within the corporate limits of the City of Apache Junction, such conditions that are injurious to the public health, safety, morals or welfare of the residents of the City of Apache Junction Such area is described in Exhibit A and graphically depicted in Exhibit B, both of which are attached hereto and incorporated by reference Said area shall be referred to as the "Apache Trail Redevelopment Area" 2) The redevelopment of the Apache Trail Redevelopment Area is necessary in the interest of the public health, safety, RESOLUTION NO 12-28 PAGE 2 OF 3 emN morals or welfare of the residents of the City of Apache Junction. 3) The Downtown Redevelopment and Implementation Strategy adopted by the City Council with Resolution No 10-34 on September 21, 2010, on file with the City Clerk' s Office, will serve as the redevelopment plan for the Apache Trail Redevelopment Area 4) The Apache Trail Redevelopment Area is hereby declared to be in need of redevelopment pursuant to A R S . , § 36-1471, et seq. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF , 20 JOHN S INSALACO Mayor ATTESTS KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM RICHARD J STERN City Attorney RESOLUTION NO. 12-28 PAGE 3 OF 3 ek RESOLUTION NO 12-29 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RESCINDING RESOLUTION NO. 00-09, THE MERIDIAN REDEVELOPMENT AREA, PASSED BY THE CITY COUNCIL ON MAY 16, 2000, AND RESCINDING RESOLUTION NO. 00-22, THE REDEVELOPMENT IMPROVEMENT _ PLAN FOR THE MERIDIAN REDEVELOPMENT AREA, PASSED BY THE CITY COUNCIL ON SEPTEMBER 5, 2000 WHEREAS, Title 36, Chapter 12, Article 3 of the Arizona Revised Statutes Annotated ("A.R S ") provide for the redevelopment of certain areas within municipalities, and WHEREAS, A R S Title 36, Chapter 12, Article 3 was amended by Legislative Action in 1997, and WHEREAS, the 1997 amendments to A.R.S Title 36, Chapter 12, Article 3 provide for greater flexibility for municipalities in the administration of redevelopment areas; and WHEREAS, the 1997 amendments to A R S Title 36, Chapter 12, Article 3 benefit the City of Apache Junction in the administration of redevelopment areas; and WHEREAS, the City of Apache Junction City Council adopted Resolution No. 00-09 on May 16, 2000 which created the Meridian Redevelopment Area ("MRA") , and WHEREAS, the City of Apache Junction City Council adopted Resolution No 00-22 on September 5, 2000 which adopted the Redevelopment Improvement Plan for the "MRA"; and WHEREAS, the City Council held a work session on the proposed rescinding of Resolution No 00-09 and Resolution No. 00-22 on August 6, 2012, and WHEREAS, rescinding the Meridian Redevelopment Area and the Meridian Redevelopment Area Work Plan will allow a new Redevelopment Area to be established which better reflects the boundaries in which current conditions of slum and blight exist NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS RESOLUTION NO 12-29 PAGE 1 OF 2 emS 1) The Mayor and City Council rescind Resolution No 00-09 and Resolution No 00-22, and that they be replaced with Resolution No 12-28, the Apache Trail Redevelopment Area with the Downtown Redevelopment and Implementation Strategy as the redevelopment plan, as originally adopted under Resolution No 10-34 on September 16, 2010, a full copy which is attached hereto PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20_ SIGNED AND ATTESTED TO THIS DAY OF , 20 JOHN S . INSALACO Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J STERN City Attorney RESOLUTION NO 12-29 PAGE 2 OF 2 ROLL CALL VOTE NOTES2/ vet,Crl "?/ gkjIWj4 441 (NY cqi\ 9114 121 ITEM # MEETING OF MOTION BY kJ SECONDED BY YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY COUNCILMEMBER BARKER COUNCILMEMBER WILSON VICE MAYOR DIETZ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 12 I MOVE THAT RESOLUTION NO 12-28, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, SETTING FORTH FINDINGS IN SUPPORT OF THE EXISTENCE OF ADDITIONAL AREAS WITHIN THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION THAT QUALIFY FOR REDEVELOPMENT PURSUANT TO ARIZONA REVISED STATUTES, ANNOTATED § 36-1471, ET SEQ, (BE APPROVED) OR(BE DENIED); AND THAT RESOLUTION NO. 12-29, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RESCINDING RESOLUTION NO. 00- 09, THE MERIDIAN REDEVELOPMENT AREA, PASSSED BY THE CITY COUNCIL ON MAY 16, 2000, AND RESCINDING RESOLUTION NO. 00-22, THE REDEVELOPMENT IMPROVEMENT PLAN FOR THE MERIDIAN REDEVELOPMENT AREA, PASSED BY THE CITY COUNCIL ON SEPTEMBER 5, 2000, (BE APPROVED) OR(BE DENIED). Pp AC Hevo of pache Junction Home of the .Supc;:ctition Mountains �RlZON/ Print TO: City Manager's Office FROM: R. Joel Stern, City Attorney DATE: September 4, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Communication/Outreach TITLE OF AGENDA ITEM: DISCUSSION REGARDING THE SUPERSTITION MOUNTAIN COMMUNITIES FACILITY DISTRICT (SMCFD) NO. 1 OPERATIONS AND ITS GOVERNMENTAL RELATIONSHIP WITH THE CITY OF APACHE JUNCTION. ACTION REQUESTED. Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: On August 21, 2012, city council directed the city manager and city attorney to meet with representatives of the Superstition Mountain Community Facilities District (SMCFD) No. 1 to address operation and management issues. The city attorney and city manager will update the city council on their recent communication FISCAL IMPACT. OPTIONS/ALTERNATIVES• 1ECOMMENDATION: ATTACHMENTS. Click to download No Attachments Available 31t11,117;°1117/ 1(-)% 1 ITEM NO. 13 DISCUSSION ITEM ONLY-NO ACTION AT THIS TIME City •of Apach (tion ____ Home of the .Supet:cI tzott : iotllltitdtls 4R12ONP Print TO: City Manager's Office FROM: Janine Solley, Business Advocate DATE: September 4, 2012 tgenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM• COUNCIL DIRECTION TO STAFF ON AN APPROACH TO ADVANCE PUBLIC ART IN APACHE JUNCTION. ACTION REQUESTED: Direction to Staff DISCUSSION / BACKGROUND INFORMATION: At their August 20, 2012 Work Session, city council heard an update on the two items staff had received direction on related to public art With those two items complete, staff is seeking direction on next steps Specifically, council seemed interested in changing the city procurement code to exempt art, and seeking to partner with a group(s) with 501 c3 status in order that the city can incorporate public art without expending general fund monies to procure the art FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ ALTERNATIVES: IECOMMENDATION: Staff respectfully requests direction on modifying the City procurement code, and how Council would like staff to structure the process and partnership opportunities with local 501c3 groups willing to engage with the City on the efforts to advance public art in Apache Junction. ATTACHMENTS: Click to download No Attachments Available • 6'' oilyROLL 1.7TE 0'v i'? /71 ti NOTES: Iv / 7 ,\A, L ,L , ' _ ., -t c* Irft' j, . 4/ [ e \V„,,,, ,, ),,,, ,,,v,/ . ....... ,i ,y) , , &, . y.,Y wsl ..' ik_, L) IN, ,,, "&t,c,,,6 6 \9 0- ii,(1 )'r ITEM # I MEETING OF (Q.../ vi,\j.,-- . i i MOTION BY SECONDED BY TES NO ABSTAINED COUNCILMEMBER SERDY ,o VICE MAYOR DIETZ 4 COUNCILMEMBER EVANS V COUNCILMEMBER WILSON V COUNCILMEMBER WALDRON I COUNCILMEMBER BARKER I V MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL p ITEM NO. 14 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING AN APPROACH TO ADVANCE PUBLIC ART IN APACHE JUNCTION. Is ACHE�G °� 'lb s olApache Jzinctzon 6 Home of the Superstition 7tlolllttains Print TO: City Manager's Office FROM. Kathy Connelly, City Clerk DATE: September 4, 2012 tgenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: DIRECTION TO STAFF TO AMEND THE CITY CODE TO TEMPORARILY LENGTHEN TERMS OF OFFICE FOR MAYOR AND COUNCIL POSITIONS IN ORDER TO COMPLY WITH STATE LEGISLATION HB 2826 ACTION REQUESTED: Direction to Staff DISCUSSION / BACKGROUND INFORMATION: HB 2826 requires all candidate elections to be held in the fall of even-numbered years In order to comply, the terms for mayor and council positions must be lengthened to coincide with this new statute. FISCAL IMPACT: OPTIONS/ ALTERNATIVES: RECOMMENDATION: discussion and direction ATTACHMENTS: Click to download ❑ cover memo L) attachments L] HB 2826 Article PIN AUGUST 22, 2012 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER FROM. KATHLEEN CONNELLY, CITY CLERK SUBJECT AGENDA ITEM FOR SEPTEMBER 4, 2012— DIRECTION TO STAFF ON CODE CHANGE As discussed at the August 20 work session, the recent adoption of HB 2826 has created an inconsistency between state law and our city code. This new state law torces all candidate elections to the fall ballot of even-numbered years from our current spring of odd-numbered years Unless changed, this law will make it necessary to revise the city code to temporarily adjust the length of terms of office for mayor and council members. Recent information from the League of Arizona Cities and Towns indicates that they are working with members of the state legislature to fix this problem during the 2013 session. Based on this information, it is best to do nothing at this time to amend the city code and see if the problem is fixed at the state level In the meantime[will provide notice to all potential candidates for city offices that they may be running for a term that is shorter or longer than 2 years for the mayor position or 4 years for the council positions Please contact me if you have ally questions Chapter 0353 - 502R - S"f HB2826 Page 1 of 3 Senate Engrossed House Bill State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012 CHAPTER 353 HOUSE BILL 2826 AN ACT AMENDING SECTION 16-204,ARIZONA REVISED STATUTES;RELATING TO ELECTION DATES. (TEXT OF BILL BEGINS ON NEXT PAGE) http://www.azleg govllegtext1501egt2r/laws/0353 htm 7/24/2012 Chapter 0353 - 502R - S Ver of n826 Page 2 of 3 Be it enacted by the Legislature of the State of Arizona: Section I. Section 16-204,Arizona Revised Statutes,is amended to read: 16-204. Declaration of statewide concern;consolidated election dates;definition ' ' • may hr p mnttcr of local conurn,The legislature finds and determines that for the purposes of increasing voter participation and for decreasing the costs to the taxpayers it is a matter of statewide concern that all elections in this state be conducted on a limited number of days and, therefore, the legislature finds and declares that the holding of all elections on certain specific consolidated days is a matter of statewide concern. THIS SECTION PREEMPTS ALI. LOCAL LAWS, ORDINANCES AND CHARTER PROVISIONS TO THE CONTRARY B. FOR ELECTIONS HELD BEFORE 2014 AND notwithstanding any other law or any charter or ordinance of any county, city or town to the contrary, an eiation held for or on behalf of a county, city or town. a school district,a community college district or special districts organized pursuant to title 48,chapters 5. 6.8, 10, 13 through 16 and 33 may only be held on the following dates. 1. Except for regular elections for candidates in a city or town with a population of one hundred seventy-five thousand or more persons, all elections,including recall elections and special elections to fill vacancies, shall be held on: (a) The second Tuesday in March (b) The third Tuesday in May. (c) The tenth Tuesday before the first Tuesday after the first Monday in November (d) The first Tuesday after the first Monday in November. Notwithstanding any other law, an election must be held on this date fur the approval of an obligation or other authorization requiring or authorizing the assessment of secondary property taxes by a county, city, town, school district, community college district or special taxing district,except as provided by title 48. 2. For regular elections that are only for candidates in a city or town with a population of one hundred seventy-five thousand or more persons and not including recall elections and special elections to till vacancies in those cities or towns,elections shall be held on: (a) The tenth Tuesday before the first Tuesday after the first Monday in November. (b) The first Tuesday after the first Monday in November. C. FOR ELECTIONS HELD BEFORE 2014, for any city or town, including a charter city, that holds its regularly'scheduled candidate elections in even-numbered years pursuant to subsection B, paragraph 2, the term of office for a member of the city council or for the office of mayor begins on or after the second Tuesday in January in the year following the election. D. 441roeeirton-thies SUBSECTIONS B AND C OF THIS SECTION DO not apply to an election regarding a county or city charter committee or county or city charter proposal that is conducted pursuant to article XIII,section 2 or 3 or article XII.section 5.Constitution of Arizona. E. BEGINNING WITH ELECTIONS HELD IN 2014 AND LATER AND NOTWITHSTANDING ANY OTHER LAW OR ANY CHARTER OR ORDINANCE TO THE CONTRARY,A CANDIDATE ELECTION HELD FOR OR ON BEHALF OF ANY POLITICAL SUBDIVISION OF THIS STATE OTHER THAN A SPECIAI. ELECTION TO FILL A VACANCY OR A RECALL ELECTION MAY ONLY BE HELD ON THE FOLLOWING DATES AND ONLY IN EVEN-NUMBERED YEARS: I. THE TENTH TUESDAY BEFORE THE FlP.ST TUESDAY AFTER THE FIRST MONDAY IN el% NOVEMBER. IF THE POLITICAL SUBDIVISION HOLDS A PRIMARY OR FIRST ELECTION AND A GENERAL OR RUNOFF ELECTION IS EITHER REQUIRED OR OPTIONAL FOR THAT POLITICAL SUBDIVISION, THE FIRST ELECTION SHALL BE HELD ON THIS DATE, WITHOUT REGARD TO WHETHER THE POLITICAL SUBDIVISION DESIGNATES THE ELECTION A PRIMARY ELECTION. A FIRST ELECTION,A PRELIMINARY ELECTION OR ANY OTHER DESCRIPTIVE TERM. 2. THE FIRST 'TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER. IF THE POLITICAL SUBDIVISION HOLDS A GENERAL ELECTION OR A RUNOFF ELECTION,THE SECOND ELECTION HELD SHALL BE HELD ON THIS DATE. IF THE POLITICAL SUBDIVISION HOLDS ONLY A SINGLE ELECTION AND NO PRELIMINARY OR PRIMARY OR OTHER ELECTION IS EVER HELD FOR THE PURPOSE OF REDUCING THE NUMBER OF CANDIDATES, OR RECEIVING A PARTISAN NOMINATION OR DESIGNATION OR FOR ANY OTHER PURPOSE FOR THAT POLE]ICAL SUBDIVISION, I IIE SINGLE ELECTION SHALL BE HELD ON THIS DATE E BEGINNING WITH ELECTIONS HELD IN 2014 AND LATER THAT ARE NOT CANDIDATE ELECTIONS, AN ELECTION HELD FOR OR ON BEHALF OF ANY POLITICAL SUBDIVISION OF THIS STATE, AND INCLUDING A SPECIAL ELECTION TO FILE A VACANCY OR A RECALL ELEC I'ION, MAY ONLY BE HELD ON THE FOLLOWING DATES: I. THE SECOND TUESDAY IN MARCH. 2. THE THIRD TUESDAY IN MAY. 3. THE TENTH TUESDAY BEFORE THE FIRST TUESDAY AFTER THE FIRST MONDAY IN http:i/www azleg govilegtext/501egi2r/laws/0353 htm 7124/201.2 0.% Ask Chapter 0353 - 502R- S HB2826 Page 3 of 3 NOVEMBER, 4. THE FIRST TUESDAY AFTER THE rips-r MONDAY IN NOVEMBER. NOTWITHSTANDING ANY OTHER LAW,AN ELECTION MUST BF HELD ON THIS DATE FOR THE APPROVAL OF AN OBLIGATION OR 0111ER AUTHORIZATION REQUIRING OR AUTHORIZING THE ASSESSMENT OF SECONDARY PROPERTY T.ViES BY A COUNTY,CITY,TOWN,SCHOOL DISTRICT,commuNrIV COLLEGE DISTRICT OR SPECIAL TAXING DISTRICT,EXCEPT AS PROVIDED BY TITLE 48, G. NOTWITHSTANDING ANY OTHER LAW, FOR AN ELECTION ADMINISTERED BY A COUNTY' RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS ON BEHALF OF A CITY, TOWN OR SCHOOL DISTRICT AND THAT IS AN ALL MAIL BALLOT ELECTION FOR THAT CITY, TOWN OR SCHOOL DISTRICT.THE COUNTY RECORDER OR OTHER OFFICER IN CHARGE OF ELECTIONS MAY USE A UNIFIED BALLOT FORMAT THAT COMBINES ALL OF THE ISSUES APPLICABLE TO THE VOTERS els IN THE CITY.TOWN OR SCHOOL DISTRICT REQUESTING THE ALL MAIL BALLOT ELECTION H. FOR THE PURPOSES OF THIS SECTION, "POLITICAL SUBDIVISION" MEANS ANY GOVERNMENTAL ENTITY OPERATING UNDER THE AUTHORITY OF THIS STATE AND GOVERNED BY AN ELECTED BODY,INCLUDING A cm,I OWN,COUNTY,SCHOOL DISTRICT,COMMUNITY COLLEGE DISTRICT OR ANY OTHER DISTRICT ORGANIZED UNDER STATE LAW BUT NOT INCLUDING A SPECIAL TAXING DISTRICT. Sec 2. Conforming legislation The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fifty-first legislature,first regular session Sec 3 Severability If a provision of this act or its application to any person or circumstance is held invalid, the ins alidits dues not affect other provisions or applications of the act that can he given effect without the invalid provision or application,and to this end the provisions of this act are seve-able. APPROVED BY THE GOVERNOR MAY 14,2012, FILED IN THE.OFFICE OF THE SECRETARY OF STATE MAY 14.2012 http://www.azleg govilegt ex t/501egi2ril aws/0353 htrn 7124/2012 U.S.Department of Justice Civil Rights Division TCH:RSB.JR.JP:par Voting Section- DJ 166-012-3 930 Penn.tylitattia Avenue Nif 2012-3272 Washington,DC 20330 JUL 2 6 2012 July 20,2012 SUM GENER CRICE Michele 1 . Forney,Esq. Assistant Attorney General 1275 West Washington Phoenix,Arizona 85007-2926 Dear Ms. Forney: This refers to Chapter 353 (H B 2826)(2012),which amends A.R.S. §16-204 to establish consolidated election dates for specified political subdivisions and authorizes the use of an unified ballot format for all mail ballot elections beginning in 2014, for the State of Arizona, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965,42 U.S.C. 1973c, We received your submission on June 4,2012. The Attorney General does not interpose any objection to the specified changes However,we note that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enfomement of the changes. Procedures for the Administration of Section 5 of the Voting Rights Act of 1965,28 C FR 51 41 Sincerely, • =^7 'C ,/ 7 Christian Herren-,Jr L.-/Chief,Voting Section cc:Ms. Valerie Woolridge H.B 2826 Consolidated Elections Overview: All candidate elections must be held in the fall of even numbered years beginning in 2014. This means that the city primary election will be held in August and the general election will be held in November. This law does not apply to elections held to fill a vacancy, recall elections, special district elections or zoning and sales tax elections. This law does apply to Alternative Expenditure Limitation elections (home rule) The Arizona Constitution requires that home rule elections be held at the same time as candidate elections Spring 2013 Candidate Elections In order to comply with this change in state law, the terms of office for the mayor and council positions will need to be adjusted until all positions fit within the new law. • Mayor position (2 year term) — Primary election scheduled for March 2013 Old law—term would run to June 2015. New law effective 2014—we cannot have a candidate election in 2015. Solution' Hold election in spring 2013,extend term and have next election in August/November 2016. March 2015 primary election becomes August 2016 primary election; May 2015 general election becomes November 2016. general election. The successful candidate would take office in January 2017 • Council positions expiring in 2013 (4 year terms) — Primary election scheduled for March 2013 Old law—term would run to June 2017 New law effective 2014 —candidate elections can only be held in the fall of even numbered years Solution Hold election in spring 2013, extend terms and have next election in August/November 2018. March 2017 primary election becomes August 2018 primary election; May 2017 general election becomes November 2018 general election. The successful candidates would take office in January 2019. • Council positions elected in 2011 and expiring in 2015 (4 year terms) —After 2014, the elections can only be held in the fall of even numbered years Old law —term would run to June 2016 New law —we cannot have a candidate election in 2016 Solution Extend terms and have candidates for these 3 seats run in the August/November 2016 election cycle. March 2015 primary election becomes August 2016 primary election; May 2015 general election becomes November 2016 general election. The successful candidates would take office in January 2017 Spring 2013 Alternative Expenditure Limitation. Election (Home Rule) This local spending limitation must be approved by the voters every 4 years The current approval expires in 2013 and is scheduled for the March 2013 primary election ballot. Under the Arizona Constitution, this spending limitation must be on the same ballot as the candidates. The next scheduled home rule election after 2013 will be 2017 This election will have to be scheduled for August 2016 and every 4 years thereafter in even numbered years. March 2017 primary election becomes August 2016 primary election. Adok ALP ,"47 Page 2 of 42 2-17. 'RESERVED) 2-18. f RESERVED) 2-19. [RESERVED] 2-20. fRESERVEN 2721. BOARD OF ADJUSTMENT AND APPEALS/MUNIC1PAL PROPERTY CORPORATION/PUBLIC SAFETY PERSONNEL RETIREMENT BOARD 2-22. PLANNING AND ZONING COMMISSION ARTICLE 2-1: COUNCIL Section 2-1-I Elected officers 2-I-2 Corporate powers 2-1-3 Duties of office 2-I-4 Vacancies in Council 2-I-5 Compensation 2-1-5 Oath of office 2-I-7 Bond la§2-1-1 ELECTED OFFICERS. (A) The elected officers of the city shall be a Mayor and 6 Council members. The Mayor and Council members shall constitute the Council and shall continue in office until assumption of duties of office by their duly elected successors. (B) The term of Office of the Mayor shall be 2 years,but nothing in this section precludes such person from serving as Mayor for more than one 2-year term after successive elections. (C) Council members shall serve 4-year overlapping terms as in the case of the office ..)f the Mayor, Council members are not limited to serving only one 4-year term. (Prior Code, §2-1-1) httpl/www amlegal com/nxt/gateway dll/Arizonatapachejunctiokazichapter2mayorcouncil. . 8/1/2012 The League's monthly League of Arizona online newsletter Issue 112 • August 2012 C� TO r1 aND5 • i -., chop Back bthe C New Law Could Shorten Some Council Comm Ialltpage Members Terms www.aileanorg By Joni Hoffman, League General Counsel BalemiaI fi Eve* As a result of recent legislation, some city and town council Municipal Job Opportunities members are facing the possibility that their terms could be U Back blm cut short by approximately six months How is that possible COMMD°oalpage and would it even be legal? The answer is the subject of a i14� recent General Counsel opinion issued by the League During the 2012 legislative session, H B 2826 was passed that requires, beginning in 2014, most city and town candidate elections to be held in the fall of even-numbered years Depending on when a city or town currently holds its regular candidate elections, cities and towns may have to decide whether to shorten the terms of office of duly elected council members or allow council members to serve beyond the normal ending date for their terms of office. For example, if a city or town holds its candidate elections in the spring of odd-numbered years, it will hold its next election in 2013 If someone is elected to a four year term at that election, he or she would expect to serve until the spring of 2017. Because H.B. 2826 would not allow a candidate election to be held at that time, there would have to be an election either in the fall of 2016 or in the fall of 2018. The former election would result in the person serving about six months less than the term for which they were elected. The latter election would result in the person serving about 18 months longer than the term for which they were elected. For cities and towns in this situation, it is clear that something must be done to remedy the issue The problem of lengthening terms is already addressed in state law Arizona Revised Statutes section 38-295 provides that every public officer must continue to discharge their duties until a successor has qualified, even if his or her term has expired. With respect to shortening the term of a sitting council member, that is more complicated. 411111. A review of the case law from around the country finds that whether it is legal to shorten a term depends on who originally created the term of the office For example, if a term of office is set by the state Constitution, only the voters can change it. If it is statutory, only the Legislature can change it and if it is set by municipal charter, the charter must be amended. Further, the cases hold that a term may be shortened by the appropriate authority even while there is an incumbent in office The terms of cities and towns in Arizona are set in state law Arizona Revised Statutes section 9-232 requires that members of city councils hold office for two years. There is also a statute that allows the voters to authorize staggered four year terms. Because the terms are statutory, the state Legislature could remedy this problem by enacting a temporary measure to allow cities and towns that wish to shorten terms in order to comply with H.B. 2826 to do so There is also an argument that cities and towns do not need legislative authority since this issue was brought about by an act of the Legislature. There is at least one case that states that if the express language of a statute cannot be followed without curtailing the term of office of a sitting member, the power to do so is implied. This case is not controlling in Arizona but it makes a compelling argument for allowing cities and towns to act independent of the Legislature in this situation Because H.B. 2826 does not take effect until elections held in 2014, the League will plan to ask the Legislature to take action authorizing the temporary shortening of terms if a city or town wishes to use that option If a city or town chooses to allow members to extend their stay in office, no action should be oak needed because of the statutory requirement for holding over. If you want more information on this issue or if you want to read the General Counsel opinion, contact the League at 602- 258-5786 or send an email to Info@azleague org. CI League of Arizona Cities and Towns 1820 W Washington St Phoenix, AZ 85007 Phone 602-258-5786 Fax 602-253-3874 http //www azleague org If you have ideas for this newsletter or encounter difficulty reading this email, please contact Amy Price at aprice@azleague org with your concerns ROLL CALL VOTE NOTES i (VP ,/1 c ` � \ 1 0 r yCI 10 I V ITEM # 1 p., MEETING OF 16.,,, MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER BARKER J COUNCILMEMBER WALDRON V COUNCILMEMBER WILSON COUNCILMEMBER EVANS I VICE MAYOR DIETZ I COUNCILMEMBER SERDY MAYOR INSALACO ij UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 15 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING AMENDING THE CITY CODE TO TEMPORARILY LENGTHEN TERMS OF OFFICE FOR MAYOR AND COUNCIL POSITIONS IN ORDER TO COMPLY WITH STATE LEGISLATION HB 2826. THAT WE TAKE NO ACTION AT THIS TIME TO AMEND THE CITY CODE PENDING POSSIBLE CORRECTIVE ACTION BY THE STATE LEGISLATURE AND THAT THE CITY CLERK BE DIRECTED TO ADVISE POTENTIAL MAYOR AND COUNCIL CANDIDATES FOR THE MARCH 2013 ELECTION THAT THE TERMS OF OFFICE MIGHT BE LENGTHENED OR SHORTENED DUE TO HB 2826 ROLL CALL VOTE NOTES Ct\ 1� 4 ITEM # \ MEETING OF 17\. 01/ MOTION BY: SECONDED BY PkIL/V\ YES NO ABSTAINED VICE MAYOR DIETZ COUNCILMEMBER WILSON Lr COUNCILMEMBER BARKER COUNCILMEMBER SERDY J/ COUNCILMEMBER EVANS COUNCILMEMBER WALDRON (/ MAYOR INSALACO / UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 16-17 I MOVE THAT AN EXECUTIVE SESSION AT 5 45 P M AND A WORK SESSION AT 7.00 P M BE HELD ON MONDAY, SEPTEMBER 17, 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, SEPTEMBER 18, 2012, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M eiS ROLL CALL WS REG f t 17 SPEC CITY COUNCIL: P / A P / A P / A MAYOR INSALACO VICE MAYOR DIETZ COUNCILMEMBER BARKER COUNCILMEMBER EVANS COUNCILMEMBER SERDY • COUNCILMEMBER WALDRON COUNCILMEMBER WILSON TOTAL TI CITY STAFF: ,21 City Manager George Hoffman 6� Assistant City Manager Bryant Powell City Clerk Kathleen Connelly V 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 Assistant to the City Manager Matt Busby OTHERS Date: a l.Z 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? Yes❑ NOD Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. A-'1--A`e, A /f�-�M, l ,L Name (Print) 54; izlf I/ n/ D-c) Address I City Zip Code b -5-cf3 b « / ten Telephone pone Email address 0 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. 'onsent 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