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HomeMy WebLinkAbout2012 11.06 City Council Regular Agenda PLEASE FILL OUT A"REQ EST TO SPEAK" FORM IF YOU WISH TO ADDBGSS THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARIN EM A '� 00y ofache Jction ____ Home of the Superstition Mountains P. APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA November 6,2012 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 October 16,2012. 3. Authorization to enter into a professional services agreement with CarsonBise to prepare an updated development fee study and ordinance in an amount not to exceed$76,240.00. .,.. The city council is scheduled to approve a proposed Professional Services Agreement with CarsonBise to prepare an updated development fee study and ordinance in an amount not to exceed$76,240 00 This update will allow the city to comply with recent changes in state law regarding development fees 4. Consideration of approval of lease agreement with Water Utility Community Facilities District for office space in the city hall complex. Resolution No 11-41 previously authorized the city to enter into an intergovernmental lease agreement with the Water Utilities Community Facility District(WUCFD)for office space in the Apache Junction City Hall Development Services building The time for renewal is up,and if renewed,the annual base rental amount paid by the WUCFD will be$15 per square foot up to 2000 square feet E AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards, presentations from other organizations,proclamations issued by the mayor,and acknowledgement of distinguished guests and visitors,and staff presentation of receipt of grant or donated funds are permitted at this time None F. ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance,time and location G. CITY MANAGER'S REPORT. The City Manager, members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City There shall however be no discussion at this time except for clarification inquiries .�. .•, 5• MANAGER'S REPORT. 6 PRESENTATION AND DISCUSSION WITH A REPRESENTATIVE FROM THE CHAMBER OF COMMERCE ON THE UPCOMING FESTIVAL OF THE SUPERSTITIONS EVENT. 7. UPDATE OF THE VIOLENT CRIMINAL APPREHENSION PROGRAM (ViCAP) AND THE COLD CASE UNIT OF THE CRIMINAL INVESTIGATIONS DIVISION. Staff will provide an update on the Violent Criminal Apprehension Program (ViCAP)and the Cold Case Unit of the Criminal Investigations Division 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 W+nss additional time is granted by the Mayor This time limitation shall not apply to applicants and their agents appearing before the Council 8 PROPOSED ORDINANCE NO 1387,CASE PZ-3-12,A REQUEST BY GLEN A.WILT JR., REPRESENTED BY DAN KAUFMAN,TO REZONE HIS PROPERTY FROM MULTIPLE-FAMILY RESIDENCE ZONE(CR-5)AND GENERAL RURAL(GR)TO CONVENTIONAL SINGLE-FAMILY HOMES BY PLANNED DEVELOPMENT(CR-3/PD). Ordinance No 1387 proposes to rezone the 15-gross-acres property at the southeast corner of N Main Drive and W Roundup Street for the purpose of developing a gated, 105-lot,conventional homes subdivision with private interior streets and resident amenities The preliminary plat(case SD-2-12)accompanies this rezoning request. 9. PROPOSED RESOLUTION NO 12-36,CASE SD-2-12, A PRELIMINARY SUBDIVISION PLAT REQUEST BY GLEN A. WILT JR., REPRESENTED BY DAN KAUFMAN, FOR A PROPOSED 105-LOT, SINGLE-FAMILY HOMES SUBDIVISION WITH PRIVATE STREETS AND RESIDENT AMENITIES,TO BE CALLED "STAGECOACH TRAILS". Resolution No 12-36 proposes to approve the preliminary plat for the Stagecoach Trails Subdivision with conditions,and in accordance with the planned development rezoning request approved by Ordinance No 1387 This request accompanies case PZ-3- 12 and can only be approved subject to approval of PZ-3-12(Ordinance No 1387) 10. DISCUSSION AND CONSIDERATION OF PROPOSED ORDINANCE NO. 1386 EXEMPTING ART FROM THE PUBLIC PROCUREMENT CODE. This is follow-up action from council's September 4,2012 direction to the city attorney,to prepare an amendment which eliminates public art acquisition from procurement requirements under City Code Vol I,Article 3-7 A city manager created committee is now tasked with recommending to council public art issues and the use of grant money and donations, in addition to public funds to acquire public art Greater flexibility beyond cost is needed in selecting unique pieces of art Ordinance No 1386 accomplishes this goal OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first .•.. submitting a written request-to-speak form with the City Clerk. None 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. 11 CONSIDERATION OF FISCAL YEAR 2012-2013 PROFESSIONAL SERVICES AGREEMENTS WITH HUMAN SERVICE AGENCIES TO PROVIDE IN-CITY SERVICES IN THE TOTAL AMOUNT OF$85,000 00. At the November 5 Work Session,council discussed the possible funding for human services agencies as recommended by the Health and Human Services Commission. K COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters 12. COUNCIL DIRECTION TO STAFF REGARDING THE SEWER DISTRICT. The city manager will offer recommendations on this matter Directing staff to arrange with the District tours of the treatment plant, opportunities for enhanced understanding of District history,operations,and policies,and public discussion for same in the spring of 2013 are among possible directions to staff L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 13 EXECUTIVE SESSION tri.5.45 P.M. AND WORK SESSION AT 7'00 PAL FOR MONDAY, DECEMBER 3,2012. 14. EXECUTIVE SESSION AT 5.45 P.M. FOR TUESDAY, DECEMBER 4,2012 OTHER MEETINGS IF NECESSARY. M. CALL TO PUBLIC. At this time the public has the privilege to address the Council with requests, communications,comments or suggestions relating to City business that are not listed on the agenda.All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda. If there is a group speaking on the same item,they should select a spokesperson.All such remarks shall be addressed to the Council as a whole and not to any member thereof.The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly,uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The Council may not answer questions of the speaker,discuss the matter with one another, but may, at the conclusion 1) respond to criticism by a speaker,2)ask the City Manager to review a matter,3)ask the City Manager to place the matter on a future agenda Each speaker must approach the podium, speak into the microphone, provide their name and address There is a three(3) minute time limit per Aims speaker N ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through Thursdays, 7 OOa—6 OOp, excluding holidays. If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at (480) 474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time p CITY COUNCIL REGULAR MEETING OCTOBER 16, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on October 16, 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 : 03 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Evans Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Others Present : Revenue Resources Manager Roger Hacker Community Relations Manager Pat Brenner REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 1 OF 30 ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND PINAL COUNTY FOR ELECTION AND VOTER REGISTRATION SERVICES FOR THE MARCH 2013 AND MAY 2013 ELECTIONS; 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 None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced there will be a town hall at Mountain View Lutheran Church at 4 p.m. on Saturday with Senator John Kyl and Congressman Jeff Flake where they will talk about the debt and the deficit . Councilmember Serdy announced November 9-11 will be the Festival of the Superstitions with most of it at the Chamber of Commerce plus a gymkhana at the rodeo grounds, a band stage and a car show. Councilmember Wilson commented AARP had an article in their latest magazine on the lady who cleaned up the desert recently. Councilmember Wilson announced the Chamber will have their Business Preparedness Training by Fire Chief Scott Miller from Casa Grande at noon on November 2 at the Chamber. It will give business owners an idea if they have enough insurance . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 2 OF 30 Councilmember Barker reminded everyone of the Domestic Violence Candlelight Vigil next Wednesday at Veterans' Memorial Park at 6: 30 p.m. Councilmember Barker announced that the third annual Community Awareness Resources Event for youth and families will be held at Central Arizona College on Saturday, October 27 from 9 a.m. to .�. noon. It is sponsored by the Apache Junction Drug Prevention Coalition, the police department and Central Arizona College. Councilmember Evans reminded everyone that November 2 is the grand opening for the Earth Heart Park Community Gardens . There will be music and food and it runs from noon until dark. Councilmember Evans commented she does free donations for the Kit and Kaboodle, free items for residents in the area. She has been focusing on blankets, sleeping bags and tents . All donations can be dropped off at Mountain Health and Wellness . CITY MANAGER' S REPORT City Manager George Hoffman read notes from two developers regarding the outstanding customer service they received from development services and commented on Lieutenant Jeff Robinson graduating from the FBI Academy and the participation of Paws and Claws Care Center in the National Adopt A Dog Month. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT r. LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR NOVEMBER 9-11, 2012 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Mr. Tom Lennon of the rotary club addressed the council . He was here to get it approved REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 3 OF 30 Councilmember Barker commented a suggestion was given by Rudy Esquvias that they have some security personnel on site. She asked if they are considering that . Mr. Tom Lennon stated the mounted rangers will be around. Mayor Insalaco opened the p public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. City Clerk Kathleen Connelly stated the reference to the mounted rangers is under number 15 on the application. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Dietz MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR NOVEMBER 9-11, 2012, SUBMITTED BY LEONARD LERESCH, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. '^ APPLICATION FOR AN EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON ON OCTOBER 26-27, 2012 ) City Clerk Kathleen Connelly briefed the council on the items . Mayor Insalaco requested the applicant address the council . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 4 OF 30 O Ms. Liz Reynolds addressed the council . Mayor Insalaco asked what part of the property would have the extension. Ms . Liz Reynolds stated in the planning meeting they decided it would be the inner walkway from Jakes down to the east and to the north The initial parking lot would be open. Mayor Insalaco commented she is only asking for that little walkway. Ms . Liz Reynolds stated they had covered that in the planning meeting so she does not know where the objections are coming from Vice Mayor Dietz asked if they were going to have any parking in front whatsoever. Ms . Liz Reynolds stated they are. That is why they are restricting the extension of premises to the walkway. They have a nice, wide sidewalk area in the front and then down to the east. That is the area they had requested for their extension of premises which would leave the parking lot open instead of closed. Councilmember Wilson asked how it would impact the other businesses in the area . ems Ms . Liz Reynolds stated they will all be closed in that strip mall . No one will be open except her. Councilmember Wilson asked what time this is going to start Ms . Liz Reynolds stated it will start at 9 p.m. Councilmember Serdy asked when the pizza shop closes . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 5 OF 30 eN Ms. Liz Reynolds stated his door says 9 p.m. and he is usually gone by 8 p.m. or 8 : 30 p.m. Councilmember Waldron asked what provisions she is making to keep people on the sidewalk. Ms Liz Reynolds stated they will have barrier flags that will be put out and they also have some security scheduled. Councilmember Waldron asked who is providing the security Ms . Liz Reynolds stated it is between Hell' s Angels, who are putting on the party, and her people as she is the host. Councilmember Waldron asked if she would be able to insure that nobody will be drinking off that sidewalk or anywhere off that premises. Ms . Liz Reynolds stated yes. Councilmember Waldron asked if she would be able to guarantee that Ms . Liz Reynolds stated yes, that is the point . Vice Mayor Dietz asked how many people she is expecting. Ms . Liz Reynolds stated they are hoping for 300 to 350 during the course of the evening. Vice Mayor Dietz commented that obviously most of the vehicles will be bikes. Ms . Liz Reynolds stated they get a mixed bag. She would say mostly bikes at this event REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 6 OF 30 Vice Mayor Dietz asked if there would be enough parking. He knows she has some parking in the back. Ms Liz Reynolds stated the back is completely open. They also has a few friends that live down the block that are opening up their entire yard where they will be putting some personal vehicles and cleaning the area with 4-wheel vehicles . They will be getting those off of the streets . Councilmember Waldron asked if she would be using the same security to keep people inside and not drinking outside if this extension is not approved. Ms . Liz Reynolds stated the same security will be there. Vice Mayor Dietz commented this would all be the same for the November 4 event . Ms Liz Reynolds stated that is correct . It is their anniversary party and is a Jakes stand alone event . Councilmember Evans asked if the police department was made aware that she would have security there. She also asked if she told the police department how many people would be available for security. .�► Ms Liz Reynolds stated they were told at the planning meeting. They covered everything there. Councilmember Evans commented she assumed she has read the police report of why they object to it. Ms . Liz Reynolds stated she had not . No paperwork had been forwarded to her of that nature Mayor Insalaco requested Public Safety Director Jerald Monahan address the council. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 7 OF 30 elk Public Safety Director Jerald Monahan stated he would be happy to address any of the police department concerns . Mayor Insalaco asked what the police department concerns were. Public Safe ty Director Jerald Monahan stated in Sergeant Clyde Allison' s, the traffic unit '^ g Y supervisor' s, initial review the traffic concerns were over the crowd that size being in the parking lot. They do not believe they will be able to use sidewalks only. It is quite possible people will drift all over the parking lot. It is a busy area there. They are concerned about bikes coming in and out. They are concerned about pedestrians in the parking lot drinking and being in traffic that late of hours. The second concern is the presence of motorcycle clubs such as the Hell' s Angels. Even though they may be trying to have a peaceful event of their own, they certainly draw attention and their own share of enemies that, in a crowd setting, may choose that as an opportunity to take some type of revenge. While that may be a worst case scenario, the police department has to prepare for that The last time Jakes-O-Mine had such an event like this, the Hell' s Angels were patched and were very visible. Should another group that wishes to do an act of violence take advantage of that, they would use our streets to do so He will have staff prepare for a worst case scenario Mayor Insalaco asked the applicant to address the police department concerns . emS Ms . Liz Reynolds stated the anniversary party will be our third anniversary. Jakes has held many events and done a lot of good community service. She does not believe they have caused any problems as far as any violence or retaliation. Every club in this town considers Jakes neutral ground. It is a place where they go to have a good time. There has not been a single incident of any type of violence or retaliation. She believes the police record of Jakes would if not prove that out would at least support the issue. Councilmember Barker commented she is saying that they will be able to control this REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 8 OF 30 Alw crowd on the sidewalks . It is a very small club and she has seen it very crowded with people drifting out onto the sidewalks with containers in their hands or a glass . She has a real concern about being able to control an intoxicated person who truly does not want to be controlled. She is trying to be as tactful as she can, but some of these people get real bull- headed when they have been drinking. She can understand the use of the sidewalk as an overflow, but not with booze. If the ` booze is inside it makes it different in her mind. Ms Liz Reynolds asked what the difference would be between this event and the bike raffles that they have done where they have used the whole parking lot. Councilmember Barker commented there were no vehicles coming through there when they used it for the raffle. Ms . Liz Reynolds commented she could not refute that . However, when they set a boundary, it is a job because they are professionals They do handle how, when and where they serve the customers . She does not want that to be forgotten. She believes their police record would bear that out . They have a capacity for 194 inside. They are basically already there at what they feel will filter in and out during the evening. Councilmember Serdy commented the same amount of people will come whether they have the extension or not . Having this extension will actually relieve .•e things and make it more at ease. Ms . Liz Reynolds stated that is correct. Councilmember Serdy commented more so than having them corralled together. Vice Mayor Dietz asked if they would have seats out there. Ms . Liz Reynolds stated she was thinking about putting a few small tables out for people to REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 9 OF 30 set their drinks, but she does not believe seats will be necessary However, she does not want to say that she will not and then decide to throw a few seats out there as well . She will go with the flow and use the space as needed Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. Councilmember Serdy commented he knows there are some concerns but he would like to see more events . Maybe not like this, but he would like to see it like Mill Avenue where they do things like this all the time. If they could encourage more and more events that are positive, he thinks that would be a good thing. They can learn from this one if it is approved. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON FOR OCTOBER 26-27, 2012, SUBMITTED BY MONA E. REYNOLDS, BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR THE FOLLOWING REASONS: 1) THE POLICE DEPARTMENT' S UNFAVORABLE REVIEW OF THE APPLICATION FROM SERGEANT CLYDE ALLISON DATED OCTOBER 3, 2012, WHICH INCLUDES PROXIMITY CONCERNS OF VEHICLES TO ATTENDEES, AS WELL AS THE SPATIAL ACCOMMODATION CONCERNS FOR THE EXPECTED NUMBER OF ATTENDEES IN THE SIDEWALK AREA; 2) THE ENFORCEABILITY OF SENIOR ar PLANNER RUDY ESQUIVIAS' OCTOBER 2012 SUGGESTIONS TO THE BAR OWNER, WHICH INCLUDE: A) ROPING OFF AND "DILIGENTLY ENFORCING" THE EXTENSION OF PREMISES AREA TO MITIGATE TRAFFIC/PEDESTRIAN "INTERACTION"; AND B) OVERFLOW PARKING ONTO OTHER PARKING LOTS TO THE WEST; AND 3) THERE IS A LIKELIHOOD THAT WITH 250-300 ATTENDEES, THE RESIDENTIAL STREETS IN THE AREA WILL BE ADVERSELY AFFECTED FOR TWO DAYS, CAUSING UNREASONABLE INTERFERENCE WITH THE USE AND ENJOYMENT OF RESIDENTS' PROPERTIES . Vice Mayor Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 10 OF 30 VOTE: 5-2 (Councilmembers Serdy and Barker voted in opposition) . During the vote, Councilmember Wilson commented this was a hard vote. He is very much with the idea of trying to promote and allow events like this. At the same time, he is concerned about it as well. He wished there was a neutral vote that he could do. The motion carried. APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-O- MINE SALOON FOR NOVEMBER 4, 2012 ) City Clerk Kathleen Connelly briefed the council on the item. Vice Mayor Dietz commented it is identical, just a different date. Councilmember Evans commented it is just for one day. Councilmember Serdy asked what will be different about this one. Mayor Insalaco requested the applicant address the council. Ms. Liz Reynolds commented nothing would be different except this is a Jakes sponsored event. It is their anniversary party and customer appreciation day. Mayor Insalaco asked what time this will run for. Ms . Liz Reynolds stated it will run from noon to 6 p.m Councilmember Waldron asked how many people she would be expecting. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 11 OF 30 a Ms. Liz Reynolds stated 200 to 300. Councilmember Waldron asked if that was during the whole time. Ms. Liz Reynolds stated that is correct . Councilmember Evans commented this is just a one day event, not a two day event Ms . Liz Reynolds stated that is correct. It is a single event that is not all day long. Councilmember Wilson asked if there would be any impact to the businesses in the area. Ms . Liz Reynolds stated they have all given her their parking spaces Every one of the businesses has signed their parking spaces over to her. Most of them will not be open City Clerk Kathleen Connelly stated during one of the earlier meetings they were asked to reserve some parking spaces for the pizza place so that they would be able to have some business that day. Ms Liz Reynolds stated that is correct. She did not know if they got copies of the paperwork showing all the businesses had signed over their parking spaces. Councilmember Waldron asked how many spaces she would be reserving for the pizza place. Ms . Liz Reynolds stated she is reserving four spaces . Councilmember Barker asked how many spaces she has out there. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 12 OF 30 Om% Ms . Liz Reynolds stated they are not really marked She also has the side spaces and the ones in the back. She estimated the total to be 30 spaces. Vice Mayor Dietz asked if that was 30 spaces in back. Ms . Liz Reynolds stated the el% east side of the building has spaces as well and the back end has probably 15. Councilmember Serdy asked if there is any chance that the pizza place will benefit from this . He asked if her patrons would be going over there and ordering pizza. Ms . Liz Reynolds stated they have always invited Pete to be a part of the party. It is his discretion if he would like to or not Councilmember Serdy commented there will be extra people there and they can go over and order. Ms . Liz Reynolds stated one would assume that someone would like to take advantage of that. All she can do is offer. Councilmember Evans asked if she had the entire parking lot as an extension the last time they had their anniversary party or did they just have the sidewalk. Ms. Liz Reynolds stated they just had the sidewalk. Councilmember Evans asked if the police department had the same concerns last time. Vice Mayor Dietz commented he did not recall their ever having the front sidewalk blocked for an extension of premises. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 13 OF 30 p Ms . Liz Reynolds stated the only time they have blocked it off was for the entire parking lot . Because of some concerns of the neighbors it was suggested to us at the planning meeting that they back off and only use the sidewalk in order to appease the different factions that needed to approve the parking. Vice Mayor Dietz commented they did not have the sidewalk blocked off last year. Ms . Liz Reynolds stated they did not . Councilmember Evans asked if they have had this issue before with a sidewalk butting up against a parking lot and the concern of moving cars coming and going with people outside that were drinking. Public Safety Director Jerald Monahan stated the last event that he is aware of that Jakes-0- Mine had was well attended, the parking lot was fairly full, and he was not aware of any issues that arose from traffic around or within that parking lot . Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. Councilmember Waldron commented he has far less concerns about this event than he had with the previous event . The fact that there have not been any issues before and the hours of the event make a big difference to him. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON FOR NOVEMBER 4, 2012, SUBMITTED BY MONA E. REYNOLDS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 14 OF 30 Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. RESOLUTION NO. 12-34, AUTHORIZING THE SUBMISSION OF A FISCAL YEAR 2013 BROWNFIELDS ASSESSMENT GRANT APPLICATION FOR FUNDS TO CONDUCT A COMMUNITY-WIDE PHASE I AND PHASE II ASSESSMENT FOR POTENTIAL PETROLEUM AND HAZARDOUS MATERIALS CONTAMINATION Revenue Resources Manager Roger Hacker briefed the council on the item. He also introduced Tod Whitwer from Allwyn Environmental . Vice Mayor Dietz commented the Grand Hotel property used to have their own sewer treatment plant . He asked if that would have to be checked out to make sure it is a clean site . Mr. Tod Whitwer stated during Phase I they look at conditions that would typically cause an impairment to the site. In that particular case, since they did use chemicals, there could be leakage from the treatment plant that would impact either the soil or groundwater at that site. They would therefore do a Phase II on that property. A.. Revenue Resources Manager Roger Hacker continued with his briefing. Councilmember Barker asked if sites that are currently occupied would be part of the assessment . Revenue Resources Manager Roger Hacker stated he believes so. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 15 OF 30 Councilmember Barker asked if the property owners would be notified that they have this problem. Revenue Resources Manager Roger Hacker stated they would work with the property owners for inclusion in the assessment . They cannot go on someone' s private property and do the assessment They would get the results There are no unintended consequences as he understands eiN it. It is identified on the property and therefore ramifications come to the owner. There is no sword property hanging over their heads contingent upon what has been found. Councilmember Serdy asked if they have devalued a property and made it harder for someone to get rid of them if they make it look like there is contamination and problems and they do not get this grant. We are saying how terrible this is and we need help. If they do not get the grant, everyone will use that and say they do not want it because there is contamination on the site. Mr. Tod Whitwer stated during the preparation of the application itself they will not discuss specific sites . They will give a general discussion of the inventory of the sites they would be looking at if they were to get the grant. They would say in the grant they are looking at about 20 to 30 sites that may be impacted and have already been identified as part of their preliminary inventory. They will not be specific to say that this is such and such property at this address with this parcel number. Councilmember Serdy commented once the findings are made, and if they are negative, then it is the city' s job to get more grants to take care of this problem and bring the property back up to make it more marketable. They could have a couple of years in between where it is not too good. Mr. Tod Whitwer stated he has probably done close to 300 to 400 Phase I' s using Brownfields grant funds within the State of Arizona. On only one occasion did they have to make any sort of notification to the regulatory agencies that there was a problem at the site. There are only REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 16 OF 30 three general conditions in which you do need to report to the regulatory agency that there is a problem. The first one is an underground storage tank that is not registered. They would have to register that with the regulatory agency. If during the assessment they do find the tank leaking, they need to make notification. The second condition is if there is any impact to groundwater then they need to make notification. The third condition is if there is what is called an imminent threat to human health in the environment. In that situation you also ON need to notify the regulatory agencies about that . In the last case, if there was an imminent threat, you would know it because people would be getting sick and there would be a very obvious environmental impairment. Those are the only times you are compelled to report . The advantage to this program is that not only is the owner saving money in not having to pay for the assessment, but they are also getting a free examination. A lot of people do not like to buy a gas station because they know there will be a lot of clean up funds that will have to be spent. In his experience, generally gas stations do not have the type of impact people expect. When a mom and pop operator want to sell their property they normally do not get a lot of people who want to buy it. They are reluctant to put the property up for sale because they think they are facing a huge sum of money to clean it up. With these funds, they are allowed to go in and assess the property and then either do the Phase I and a Phase II if necessary which will give them the certitude of the actual cost to clean up that property. What typically happens is the gas station owner finds out what they have to pay is about $25, 000 to clean up a site whereas they thought before the assessment they would have to pay $250, 000 . That means that property can then be sold because there is no uncertainty about ON the clean up costs. It can be sold, redeveloped, a new gas station can be put in, new affordable housing can be put in, a new strip mall can be put in or whatever use that would be most beneficial to the city can be put in. It is all being catalyzed by the use of these grant funds. Councilmember Serdy commented it is what they want to hear They want to hear way more positive than negative. Mr. Tod Whitwer stated he has several case studies he can provide that can demonstrate how REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 17 OF 30 smaller communities have benefitted from this, both the community as a whole and the property owners who reside in the community. Councilmember Wilson commented this could also be reassuring to the property owner as to the extent of or relieve them of the burden they thought they had. He asked if that is partly what he will be doing. Mr. Tod Whitwer stated that is correct. The Phase II site assessment determines the vertical and horizontal extent of contamination or how far out the contamination has gone and how deep it has gone . The funds can be used to determine the extent and to put together a cost estimate for what it would cost to clean up. City Attorney Joel Stern asked the consultant to briefly describe what happened in the South Tucson case study. Mr. Tod Whitwer stated South Tucson had a Brownfields Community-Wide Assessment Grant also, the same that is being proposed here. They asked him to do a Phase I on a piece of property that was a vacant lot that had been vacant for a number of years It was one of the sites where everyone thought there might be issues . He did the Phase I and determined there were no recognized environmental conditions . In layman' s terms, it is a clean site. Once he finished the Phase I the city was able to market the property. Two months later a paving company moved in and immediately added 15 employees with a payroll of about one million dollars a year .-. plus the tax-based revenue from that. It was a very simple process to do the Phase I, it did not cost anyone any money and the city benefited greatly from that Councilmember Waldron asked if he has ever identified a property where the property owner was not aware that there was any environmental concern on any of the community-wide assessments he had done Mr. Tod Whitwer stated he has . There have been several situations where they had a feeling there was going to be a problem but they were not sure REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 18 OF 30 how much there was . There has never been a situation in his experience where the property owner was completely surprised about the environmental conditions that existed at his site. He added Mr. Hacker did an excellent job of going through the grant funding, but he did not touch upon that this also includes assessment for asbestos and lead-based paints . They can do an asbestos assessment of some of the older buildings which is really important when someone wants to sell their property and have their building demolished. City Attorney Joel Stern asked if it could include city properties . Mr. Tod Whitwer stated they can do the assessments for both private owners and for city- owned property. There are some nuances for determining the eligibility of a property for use of Brownfields funds . That is the main reason they are going after both funds . The petroleum site is a little harder to spend the money because they have to go into more depth on previous ownership. The hazardous has no limitations to whom can do it . They can work around the limitations on the petroleum site. Mayor Insalaco commented a lot of the new gas stations have tanks that are fiberglass, plastic or poly something. He asked if those are better than the steel tanks . Mr. Tod Whitwer stated absolutely. The soil conditions tend to corrode the steel tanks . When they go to excavate the steel tanks, there are no tanks left. Councilmember Serdy commented there has been a commercial lately about radon gas and proofing your property against this . He asked if that figures in anywhere. Mr. Tod Whitwer stated they can use this to assess for radon also. He added the grant application is due November 19 and that is why they are pushing to get the community involvement . They will know if the grant REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 19 OF 30 is successful in the spring of 2013. The funds will be available in October 2013 . Revenue Resource Manager Roger Hacker commented public involvement and public input is critical to this process . To help expedite that, they have another public meeting a week from tonight at the multi-gen center. They have another public meeting on November 1 at the multi-gen center. They will make a draft of the application .•� available for them to mark up and a link on the website where citizens can access it . He encouraged everyone to send comments to himself or Mr. Whitwer and turn out for the public meetings because at least a third of our application will be reviewed for how much we were able to reach out and involve the community. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 12-34, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, APPROVING SUBMISSION OF A GRANT APPLICATION TO THE U S ENVIRONMENTAL PROTECTION AGENCY FOR FEDERAL BROWNFIELDS FUNDS FOR THE ASSESSMENT OF COMMUNITY-WIDE SITES WITHIN THE CITY OF APACHE JUNCTION, ARIZONA, AND DECLARING AN EMERGENCY, BE APPROVED. Vice Mayor Dietz SECONDED THE MOTION. �• VOTE: Unanimous . The motion carried. SECOND REQUIRED PUBLIC HEARING ON THE CONTINUATION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION - HOME RULE OPTION City Clerk Kathleen Connelly briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 20 OF 30 Amok Community Relations Manager Pat Brenner briefed the council on history of the local alternative expenditure limitation and how it penalizes governmental entities like Apache Junction. It is based on a base year where the budget was nearly zero and the formula used is based on inflation and population. A yes vote is for home rule and setting a balanced budget through locally-elected ,.�. representatives, and a no vote is against home rule with a preference for the city to operate under the state-imposed budget . Vice Mayor Dietz asked if he is saying that even though the city might have the funds, it would be restricted by the state from spending all of it . They would only be allowed to spend so much It would be like having $50, 000 and big brother says you can only spend $30 of it. Community Relations Manager Pat Brenner stated that is correct and it is a good example. In the packet they have information from the city clerk. He took the figures that show the estimated revenues for the next four budget years and the figures of the expenditures that would be allowable under the alternative expenditure limitation, or what we expected to have versus what we could spend. The difference between the two figures for 2013-2014 is $7 . 1 million which could not be spent . In 2014-2015 it is $8 .2 million. The cumulative effect over 4 years is almost $36 million. It is a very serious issue. Councilmember Barker asked what the projection is on the population. Community Relations Manager Pat Brenner stated he does not know. They are using the census for the past population. Councilmember Barker commented the community is growing. It is not the rapid growth they have seen in the past, but it has begun to pick up a bit . If they get to the point where we need a new police officer or three, or we need to fix the potholes in the road, or the library needs some extra things, even though we have the money REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 21 OF 30 in the general fund we could not do those things if home rule is not passed. Community Relations Manager Pat Brenner stated that is correct . They would have to take the money from somewhere else . Councilmember Wilson asked what would be the impact to our current police department, current public works, library and parks and recreation if home rule is not passed. Community Relations Manager Pat Brenner stated that would be a policy decision of the council on behalf of the community He believes that many of those municipal services and functions that most communities take for granted would cease to exist Councilmember Barker commented or shrink dramatically. Community Relations Manager Pat Brenner stated in the case of the police department it would shrink dramatically. If they think about the last budget cycle they went through and present the picture in your mind of sweeping $7 . 1 million off the table, it would give them a good idea . They probably could not afford it . City Manager George Hoffman stated to make it a little less abstract, they could completely close the library. Envision it with plywood boarded up over the windows . They could completely eliminate every penny from parks and recreation. If we had plywood, envision the multi-gen boarded up, the pool gates chained closed, and those two operations completely shut down and we would still have to look for money in administration and public safety. Public safety is our largest general fund budget. They could completely eliminate some of the smaller budgets, but they would ultimately have to end up at the police department because that is where the money is . It goes back to what Pat told you. When you have zero dollars in your base year for a library and almost nothing for parks and recreation, zero adjustment for population, anything times zero is zero. It is just a function of that REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 22 OF 30 state formula happening to apply to a city that was in its first year of operation. It was just getting started. It was not a typical year like it was for most communities . Mayor Insalaco opened the public hearing on the item. __ Mr. Clark Smithson, 1700 S. Weaver Drive, Apache Junction, stated it is very difficult for him to conceive anyone understanding the issue and voting against it . It is the same as having an income of $10, 000 and being only able to spend $6. You could not even spend the interest you are putting in the bank. It is one of the most ridiculous things the city is confronted with but we are and we have to go through the vote. He urged everyone to talk to their friends and urge them to vote positively. Ms. Maxine Brown, 6908 S Crimson Sky Place, Gold Canyon, stated from 1978 to 1985 she was a town manager in southeastern Arizona. This is a critical issue and it needs to be passed. The Town of Patagonia was the second one to pass home rule in the early 80' s . The first city was Casa Grande. It needs to be done and she wants to support them in it . Mayor Insalaco closed the public hearing with no one else wishing to speak and reopened the item to council discussion. There being no further discussion, he closed the item as this was a public hearing only with no action required. City Clerk Kathleen Connelly stated because of the way state law is written, they now have to recess the regular meeting, convene the special meeting and ask for another roll call so that the record shows that they are all still here. Mayor Insalaco recessed the regular meeting and opened the special meeting. He asked for a roll call . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 23 OF 30 City Clerk Kathleen Connelly commented this is for the special meeting and proceeded with the roll call All members were present SPECIAL MEETING - PROPOSED RESOLUTION NO. 12-33, AN EXTENSION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION - HOME RULE OPTION ) City Clerk Kathleen Connelly 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 and reopened the item to council discussion. There being no discussion, he called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 12-33, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, PROPOSING AN EXTENSION OF THE ALTERNATIVE EXPENDITURE LIMITATION - HOME RULE OPTION, BE APPROVED. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous The motion carried. Mayor Insalaco called for a emS short recess . Mayor Insalaco reconvened the regular meeting. OLD BUSINESS None. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 24 OF 30 ANNUAL BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco commented they have the Construction Code Board of Appeals with four positions . Vice Mayor Dietz MOVED THAT DALLAS DEWEY BE REAPPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE CONTRACTOR OTHER THAN A GENERAL CONTRACTOR CATEGORY FOR A TERM TO EXPIRE OCTOBER 31, 2014 . Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Waldron MOVED THAT ANTHONY BOWLER BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE PROFESSIONAL ARCHITECT OR ENGINEER CATEGORY FOR A TERM TO EXPIRE OCTOBER 31, 2014 . Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . •�. The motion carried. Mayor Insalaco commented the Health and Human Services Commission has two positions . Vice Mayor Dietz MOVED THAT RANDY MULLEN AND JODENE WEETER BE REAPPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR TERMS TO EXPIRE OCTOBER 31, 2015 . Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 25 OF 30 The motion carried. Vice Mayor Dietz commented he was hoping Christa Rizzi was here. She is on the Health and Human Services Commission and her term expires next year. She has missed four out of the five meetings for the last two years . He wished she was here so that he could ask her about it. Councilmember Serdy commented eiS that is what he was discussing yesterday. She works . She can make it at 4 : 30 and they made it at 4 . 00 . She needs it moved back and she would never miss a meeting is what she explained. Mayor Insalaco commented next is the Industrial Development Authority and they have three positions . Councilmember Waldron MOVED THAT JEFF STRUBLE BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE OCTOBER 31, 2016. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous. The motion carried. Mayor Insalaco asked if they have a second one . Vice Mayor Dietz asked if eN anyone has anyone else. There are two more openings Councilmember Barker suggested Rudolph Tameron. He was not here for the interview but he had good credentials. City Clerk Kathleen Connelly stated he had not been there for any interviews . Councilmember Serdy commented he used to coach Little League with Rudy He lives over by REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 26 OF 30 I^ Superstition Mountain Elementary School. His kids went to school here and he grew up here. Mayor Insalaco commented they can put him on and if he wants to he can. Vice Mayor Dietz MOVED THAT RUDOLPH TAMERON BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT eN AUTHORITY FOR A TERM TO EXPIRE OCTOBER 31, 2015. Councilmember Barker SECONDED THE MOTION VOTE : Unanimious . The motion carried. Mayor Insalaco commented the Municipal Property Corporation has two positions . Vice Mayor Dietz MOVED THAT WAYNE STANDAGE BE REAPPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE ON OCTOBER 31, 2015, AND I MOVE THAT JEFF STRUBLE BE APPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE OCTOBER 31, 2014 Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried Mayor Insalaco called for a motion for the Public Safety Personnel Retirement Board. Councilmember Waldron MOVED THAT TOM JAMES BE REAPPOINTED TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2016, AND I MOVE THAT CLYDE ALLISON BE REAPPOINTED TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD IN THE POLICE DEPARTMENT REPRESENTATIVE POSITION FOR A TERM TO EXPIRE ON OCTOBER 31, 2016. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 27 OF 30 Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous. The motion carried. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXEC UTIVE SESSION AT 5 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, NOVEMBER 5, 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, NOVEMBER 6, 2012, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE. Unanimous . The motion carried. CALL TO THE PUBLIC: Ms Maxine Brown, 6908 S. Crimson Sky Place, Gold Canyon, addressed the council regarding compliments she had received et, from people on the library and the multi-gen center and their staff. Mr. Conrad Pisinski, 1069 W. 14th Avenue, Apache Junction, filled out a form but declined to speak. Mr. John Lupi, 1030 W. 14th Avenue, Apache Junction, addressed the council to thank the council for looking into the problems with the sewer district. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 28 OF 30 Mayor Insalaco commented when the sewer district started it was $20 to sign up, not $200 . He came home and they had dug a hole in his yard for his sewer right by his pool. They had left a note asking him where to dig but it had blown away. He had two hook-ups in his yard and paid 8 years for them. He commented most of them on the council feel the same way. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 8 . 40 p.m. Consent Agenda Items are as follows. 1 Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of October 2, 2012. 3. Consideration of intergovernmental agreement with Final County for election and voter registration services for the March 2013 and May 2013 elections . ACCEPTED THIS 6TH DAY OF NOVEMBER, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF NOVEMBER, 2012 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 29 OF 30 PIN el\ 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 16th day of October, 2012 . I further certify that the meeting was duly called and held and that a quorum was present. emN Dated this 31st day of October, 2012 . ir,:iii re-;(,--6-71..1 "x4 .7/. KATHLEEN CONNELLY City Clerk e REGULAR MEETING OF THE CITY COUNCIL OCTOBER 16, 2012 PAGE 30 OF 30 City of Apache Junction Home of the Superstition Mountains tEE Print TO: City Manager's Office FROM: Brad Steinke, Development Services Director DATE: November 6, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: Authorization to enter into a professional services agreement with CarsonBise to prepare an updated development fee study and ordinance in an amount not to exceed $76,240.00. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: The city council is scheduled to approve a proposed Professional Services Agreement with CarsonBise to prepare an updated development fee study and ordinance in an amount not to exceed $76,240 00 This update will allow the city to comply with recent changes in state law regarding development fees FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: City Code Requirement RECOMMENDATION: Recommend approval ATTACHMENTS: Click to download D Cover Memo D PSA 9:•CH °A City of Apache Junction i U Development Services Department To. Mayor and City Council From Brad Steinke, Director of Development Services Date September 27,2012 RE Professional Services Agreement for Updated Development Fee Study and Ordinance As a result of recent changes to state law regarding development fees (i.e., SB 1525), Arizona communities must update their development fees by August 1, 2014 City staff has discussed the various consultant options and recommend that CarsonBise be retained to conduct a new development fee study, update our development fee ordinance and establish updated fees. As Council members may be aware, CarsonBise has effectively served as our development fee consultants for over 5 years and is the most respected development/impact fee firm in the country CarsonBise has provided the City with ongoing support of our current development fee program at minimal cost and continues to be very responsive to our needs Finally, CarsonBise's contract price to conduct this study (i.e., $76,240) is quite reasonable compared to costs for other Valley communities. Project Scope of Service The scope of services for this project is attached to the professional services contract This scope includes the following. 1 Prepare comprehensive development fee study and infrastructure improvement plan in accordance with new state law The proposed fees include library, police, parks/open space, roads and possibly bike/hike/horse trails 2. Prepare updated development fee ordinance .� 3 Prepare updated development fee schedule. The cost of this study includes up to 4 meetings with the Council, 2 meetings with staff and 2 meetings with outside stakeholders. Additional meetings will be charged at a rate of$2,800/meeting. Staff Recommendation Staff recommends that the Council review and discuss this matter at their October 15th work session and then adopt the Professional Services Agreement with Carson Bise at their October 16th regular meeting. Suggested Motion Move to approve the professional services contract with CarsonBise in an amount not to exceed $76,240 and authorize the Mayor to sign the agreement as approved by the City Attorney 300 E Superstition Boulevard • Apache Junction, AZ 85119 • Ph (480)474-5082 • Fax(480)982-7010 PROFESSIONAL SERVICES AGREEMENT WITH TISCHLERBISE This Agreement is made as of the day of 20 (the "Effective Date") by and between THE CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and TISCHLERBISE, a Maryland corporation, ("Consultant"), both of which may be hereinafter referred to collectively as the "Parties", for the project entitled "2013 Development Fee Study " RECITALS A. City desires to retain a consultant to prepare a development fee study and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the Parties. B. The open market procedures set forth in the Apache Junction City Code have been satisfied. C. The Parties have set forth below contemplated services Consultant will provide City, including payment terms for such services and products. AGREEMENT NOW, THEREFORE, in consideration of the Recitals noted above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1 CONSULTANT'S DUTIES: Consultant agrees to perform the professional services detailed in Exhibit A (Scope of Services). 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Consultant for professional services in an amount not to exceed $76,240.00, in accordance with the cost table set forth in Exhibit B. 3. CONSULTANT BILLING: Consultant shall bill City on a time and expense basis in a total amount not to exceed Section 2 above. City shall pay such billings within thirty (30) calendar days of the date of receipt. 4. TERM/RENEWAL: This Agreement shall be effective beginning on November 7, 2012 and shall remain in full force and effect until June 1, 2013, unless otherwise terminated as set forth herein Following the initial term, the Parties may, by mutual agreement, renew or extend this Agreement a maximum of 4 additional months. 1 [October 8, 2012 version] 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish Consultant with all data, information and other supporting services specified in Exhibit A. 6. CONSULTANT'S STANDARD OF PERFORMANCE: While performing the services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Consultant shall be responsible for all errors and omissions Consultant commits in the performance of this Agreement. 7. NOTICES: All notices to the a 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. If to City• City of Apache Junction C/O Brad Steinke, Development Services Director 300 East Superstition Boulevard Apache Junction, AZ 85119 If to Consultant. TischlerBise Attn: Carson Bise 4701 Sangamore Road Suite S240 Bethesda, MD 20816 8. INSURANCE• Consultant, 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. 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. Consultant's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, 2 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. Consultant shall be solely responsible for the deductible and/or self retention and City, at its option, may require Consultant 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 Consultant of any deficiencies in such policies and endorsements, and such receipt shall not relieve Consultant from, or be deemed a waiver of, City's right to insist on strict fulfillment of Consultant's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability Consultant shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or any replacements thereof. 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 Consultant's operations and products and completed operations 3 If required by this Agreement, if Consultant sublets any part of the work, services or operations, Consultant shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Consultant's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Consultant's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Consultant's Commercial General Liability insurance. Automobile Liability Consultant shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Consultant's owned, hired, and non-owned vehicles assigned to or used in performance of Consultant'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 Consultant shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Consultant'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, Consultant certifies as follows: "I am aware and understand the provisions of A R.S. § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the work of this Agreement." If Consultant has no employees for whom workers' compensation insurance is required, Consultant shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Consultant employs any employees subject to coverage. 4 In case any work is subcontracted, Consultant will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Consultant. Professional Liability Consultant retained by City to provide the work or service required by this Agreement will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the work or services performed by Consultant, or any person employed by Consultant, with a limit of not less than $1,000,000 each claim. Certificates of Insurance Prior to commencing work or services under this Agreement, Consultant shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Consultant's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ 85119. 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 Consultant's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. 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 and shall include the City as an additional insured. 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." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 5 9 APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any 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. 10. FORCE MAJEURE• Neither City nor Consultant, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Consultants, subcontractors, vendors or investors desired by Consultant in connection with the obligations under this Agreement. Consultant agrees that Consultant alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 11 TERMINATION. This Agreement may be terminated by either Party for any reason upon one months' written notice. If this Agreement is terminated, City shall be reimbursed from Consultant the amount paid for any undelivered and/or unaccepted products or services Upon termination, City agrees to pay 6 for all delivered, accepted, and properly invoiced services that were provided up to the announced Termination Date. 12. INDEMNIFICATION: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Consultant, its agents, employees, or any tier of Consultant's subcontractors in the performance of this Agreement. Consultant's duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Consultant's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Consultant, any tier of Consultant's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Consultant may be legally liable. 13. LICENSE Consultant represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Consultant understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Consultant agrees to obtain a business tax license pursuant to Chapter 8 of the Apache Junction City Code and keep such license current during the term of this Agreement. Any activity by subcontractors within the corporate city limits, will invoke the same business tax regulations on any subcontractors, and Consultant ensures its subcontractors will obtain any required business tax license. 14. RECORDS: Records of Consultant'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. Consultant shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 15. 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. 16. WAIVER OF TERMS AND CONDITIONS: The failure of City or Consultant 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 7 contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 17. COMPLIANCE WITH FEDERAL AND STATE LAWS: Consultant understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Consultant hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Consultant further warrants that after hiring an employee, Consultant will verify the employment eligibility of the employee through the E- Verify program. If Consultant uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Consultant is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Consultant shall not be deemed in material breach of this Agreement if the Consultant and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Consultant or subcontractor employee who works under this Agreement to ensure that the Consultant or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 18. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Consultant 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. 19 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 8 Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 20. ACCURACY OF WORK: Acceptance of services or work by City shall not relieve Consultant of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. Consultant shall make all necessary revisions or corrections resulting from errors and omissions on the part of Consultant without additional compensation 21. CONFLICTS OF INTEREST. This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. IN WITNESS WHEREOF, Consultant and City have executed this Agreement as of the date first set forth above. TischlerBise, a Maryland corporation By. Its: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By- John S. Insalaco Its. Mayor ATTEST: Kathleen Connelly, City Clerk 9 APPROVED AS TO FORM: By: R. Joel Stern, City Attorney STATE OF ) ) ss. County of ) The foregoing was acknowledged before me this day of , 20 , by as of TischlerBise, a Maryland corporation. Notary Public My Commission Expires• (seal) STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 20 , by John S. Insalaco, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation Notary Public My Commission Expires: (seal) 10 AIM MS EXHIBIT A SCOPE OF WORK Project Understanding and Project Approach I PROJECT UNDERSTANDING The passage of SB 1525 has dramatically changed the way that development fees are calculated and their role in financing the infrastructure requirements of new development. These changes have occurred against the backdrop of an economic recession which has especially impacted real estate development In this new statutory and economic environment, the City of Apache Junction has an opportunity to bring a new perspective to its development fee programs. In addition to meeting the new technical and legal requirements of SB 1525, TischlerBise has identified the following key issues which must be addressed in this update of the City's development fees Fiscal Sustainability The new definition of "necessary public services" will limit the type of infrastructure for which development fees can be collected Additionally, there is now a requirement that only projects to be constructed in the next ten years may be funded with development fees (with the exception of water or wastewater facilities). Taken as a whole, these changes raise the issue of whether certain development fees are fiscally sustainable Put another way, a community "could" charge certain categories of development fees, but the more important question is whether the fee"should" be charged at all. Realistic Assumptions. In light of the recent economic recession and prolonged recovery, growth assumptions and capital improvement programs should be re-evaluated to ensure that the key variables in the development fee formula are appropriate In several of our recent development fee engagements, TischlerBise has witnessed a trend of development fee amounts decreasing as a result of slower growth projections and scaled-back capital improvement plans. Role of Development Fees. In addition to revising the assumptions underlying the development fee calculations, the update process is an opportunity for the City to re-evaluate all aspects of its development fee program including (but not limited to) land uses included in the fee schedule, administrative processes,and the role of development fees in financing infrastructure needs II. PROJECT APPROACH TischlerBise believes that one of the positive aspects of the recent changes to the State's development fee legislation is that it will redirect focus on the fact that development fees are a land use regulation ANEW rather than simply a one-time revenue accruing from new development Many communities in Arizona lost this perspective during the building boom that occurred in the State from 2000 to 2007 Revenue maximization was the focus of development fees versus how a development fee methodology and program could be crafted to help a community implement land use and economic policy objectives For example, TischlerBise pioneered the concept of tiered transportation impact fees, varying the fees by vehicle miles of travel, which can have the effect of incentivizing development in areas with existing infrastructure capacity(e g, urban core)and discouraging development on the fringe With this update ^� to the Infrastructure Improvement Plan and Development Fee Study, Apache Junction has an opportunity to revisit and examine updated approaches for its development fee program and craft a methodology that reflects City land use and economic development objectives. Evaluation of Alternatives Development fees are fairly simple in concept, but complex in delivery Generally,the jurisdiction imposing the fee must (1) identify the purpose of the fee, (2) identify the use to which the fee is to be put, (3) show a reasonable relationship between the fee's use and the type of development project, (4) show a reasonable relationship between the facility to be constructed and the type of development, and (5) account for and spend the fees collected only for the purpose(s) used in calculating the fee. Reduced to its simplest terms, the process of calculating development fees involves the following two steps: 1 Determine the cost of development-related capital improvements,and 2 Allocate those costs equitably to various types of development. There is, however, a fair degree of latitude granted in constructing the actual development fees, as long as the outcome is "proportionate and equitable" Fee construction is both an art and a science, and it is in this convergence that TischlerBise excels in delivering products to clients. Designing the optimum development fee approach and methodology is what sets TischlerBise apart from our competitors. Unlike most consultants, we routinely consider each of the three methodologies for each component within a fee category. The selection of the particular methodology for each component of the development fee category will depend on which methodology is most beneficial for each community. In a number of cases, TischlerBise will prepare the development fees using several methodologies and will discuss the various trade-offs with the City There are likely to be policy and revenue tradeoffs depending on the capital facility and methodology. We recognize that "one size does not fit all"and create the optimum format that best achieves the City's goals Each community is different, each fee category is different, and TischlerBise compares alternative methodologies to maximize revenues for our clients. For example, TischlerBise typically calibrates development fees to the specific jurisdiction's road network and demographic data, whether using an incremental expansion or plan-based method Our firm is able to evaluate different methods because we do not rely on state/regional transportation models to provide data inputs for the development fee calculations In essence, we develop our own aggregate travel demand model that is in some ways more sophisticated than the large-scale computer models used by state and regional agencies For instance, while it is common for link-specific computer ... models to lump together all housing types and only separate retail from all other types of nonresidential development, we routinely use at least two types of housing units and between three and five nonresidential development types in our travel demand analysis Public Outreach. While no one wishes to see their cost of doing business increase, well-informed stakeholders do understand the need for the necessary resources to construct growth-related infrastructure and provide essential development-related review services Additionally, SB 1525 requires the creation of an "infrastructure improvement advisory committee" It is incumbent upon the City and the consultant to provide the information needed to develop well-informed committee members and citizens Based upon our experience with development fees and infrastructure funding efforts in the State of Arizona, we anticipate that this study may attract controversy, especially given the current economic climate Therefore, it is essential to build a coalition of support early in the process, to educate and inform the public and other key stakeholders about the purpose of the study, and to explain how it will benefit both key constituents (developers) as well as the general public It is critical to develop a communications strategy that will offset and correct misinformation that may proliferate, and to provide clear and compelling logic for public adoption of the revised development fee program Our seasoned project team has actively participated in legislative body meetings and citizen committees to educate and lead stakeholders regarding the technical process of development fee calculations as well as the pros and cons of development fee and user fee rate increases, particularly during challenging economic times III. WORK PLAN AND TASK SCHEDULE The following is the Scope of Work for this assignment. We have designed this work plan to be responsive to the City's needs and the new requirements of ARS 9-463 05 per SB 1525 The following scope of work includes development fees for streets, water resources, parks, libraries and police Consideration of expanding either the transportation or parks development fee categories to include biking/hiking trails is also included. TASK 1: PROJECT INITIATION Description• The purpose of this task is to develop a complete understanding of land use planning issues. In addition,this task will serve as an opportunity for TischlerBise to make contact with staff and conduct project "kick-off" activities During this task, we will meet with City staff to establish lines of communication, review and discuss project goals and policies related to the project, and review (and revise, if necessary) the project schedule. This meeting will also outline the expected data and documentation to be prepared and presented by staff related to the project. The specifics of this initial discussion are outlined below: • Review and refine work plan and schedule, if appropriate • Assess information needs and required staff support. • Discuss the City's infrastructure needs • Discuss overall capital facility financing issues • Identify and discuss trade-offs with different development fee approaches including: residential fees by house size; condensed nonresidential fee schedule; and geographic services areas • Identify and collect data and documents relevant to the analysis. • Become familiar with the City's land use and economic development goals • Identify key stakeholders for the Infrastructure Improvements Advisory Committee TischlerBise will also meet with elected officials to brief them on the development fee update process and identify any policy issues or objectives and receive direction from them Meetings. One (1) meeting with City staff and elected officials Deliverables. 1) Data request memorandum 2) Revised project schedule, if necessary. 3) Project team member contact list including names, location addresses, phone numbers, and e- mail addresses TASK 2: DEVELOP LAND USE ASSUMPTIONS Description. TischlerBise will review and calculate annual projections of population, employment, housing, and commercial, industrial, and other nonresidential square footage data for the City The projections will be based on discussions with staff and review of published information from sources including the City's General Plan, U.S. Census Bureau, and Maricopa Association of Governments (MAG) This task will serve to establish forecasts reflecting population, housing, employment, nonresidential building area, and other relevant data for the time period to be covered by the IIP This task will also include an analysis of City service areas as well the possible need for additional service areas in light of the enhanced language of SB 1525 „. TischlerBise will prepare a plan which includes projections of changes in land uses, densities, intensities, and population for a specific service area over a period of at least ten (10) years and pursuant to the City's General Plan A map of the area to which the land use assumptions apply will also be included in this task Meetings: None Deliverables. TischlerBise will produce a Land Use Assumptions memorandum for review and approval for the City TASK 3:ASCERTAIN DEMAND FACTORS AND LEVELS OF SERVICE FOR "NECESSARY PUBLIC SERVICES" Description. Communities in Arizona may assess development fees for "necessary public services" which have a useful life of more than three (3) years and that are owned and operated on behalf of the City "Necessary public services" allowable under State law which is to be analyzed in this study include Libraries, Streets, Fire, Police and Parks. TischlerBise will also evaluate the eligibility of including Facilities Financed Prior to June 1, 2010 (facilities which were debt financed and whose debt service is to be repaid using development fees), which is allowed under the new Act. There are several important subtasks that are outlined below 1) Proportionate Share—Determine the proportionate share of the cost of"necessary public services," based on service units, needed to provide such services to new development 2) Determine Existing Levels of Service—The costs for the "necessary public services" required to serve new development are based on the same level of service being provided to existing development in the service area We will determine the existing level of service by conducting onsite interviews, evaluating the appropriate studies, and analyzing relevant local data. These onsite interviews will also include discussions about and defining of the infrastructure components to be included in the IIP and development fees 3) Determine Service Areas — This subtask specifies the area(s) within the City's boundaries in which development will be served by the "necessary public services" or facility expansions and that a substantial nexus exists between the necessary public services or facility expansions and the development being served as prescribed in the IIP The above subtasks will enable us to ensure that three important development fee requirements are met, collectively referred to as rational nexus requirements demonstration of impact, benefit, and proportionality Meetings- One (1) meeting with City staff. Deliverables- See Task 7 TASK 4: EVALUATE DIFFERENT ALLOCATION METHODOLOGIES Description• The requirement that the development fees be based on an IIP does not equate to a requirement that only the plan-based methodology can be used in the calculations The IIP can reflect the past capacity investments in infrastructure which will be repaid by new development with development fee revenues Likewise, the City can plan to provide new development the same level-of-service being currently provided to existing development TischlerBise will evaluate different allocation methodologies for each IIP and development fee component to determine which methodology is the most appropriate measure of the demand created by new development. These methodologies include. _. Buy-in Methodology — This methodology is best suited for infrastructure which has already been built and has excess capacity available to be utilized for new development Incremental Expansion Methodology — Under this approach, new development will receive the current level of service being provided to existing development by the existing inventory of infrastructure. Plan-Based Methodology — This methodology primarily evaluates the Capital Improvement Plan for new development's proportionate share of planned capital projects. It is important to note, however, that capital improvement plans are often fiscally constrained and may not reflect the true requirements of new development TischlerBise will therefore also evaluate master plans for different categories of infrastructure This comprehensive approach and consideration of alternative methodologies will allow maximization of the development fees Meetings. Conference Calls as Necessary Deliverables. See Task 7 TASK 5: IDENTIFY CAPITAL NEEDS AND COSTS Description This task will determine the relevant capital needs and costs due to growth. 1) Long-Range Capital Need - In this subtask, TischlerBise will focus primarily on the Capital Improvements Plan (CIP) and will review various studies and other relevant data to determine long-range capital needs. Discussions will aim not only to understand the specific costs, but also to assess the size and scope of projects and whether capital facility needs are due to normal replacement, catch-up, or new demand 2) Service Units —TischlerBise will define the standardized measures of consumption, use, generation, or discharge attributable to an individual unit of development for each category of"necessary public services" or facility expansions 3) Review Cost Estimates - In this subtask, TischlerBise will review the costs of .•. infrastructure improvements, real property, financing, engineering, and architectural services associated with the "necessary public services"to be included in the IIP and development fees 4) Financing Costs — TischlerBise will identify projected interest charges and other financial costs which are to be used for repayment of principal and interest of debt used to finance construction of"necessary public services" identified in the IIP 5) Identify Ineligible Costs —In this subtask, TischlerBise will identify costs which are not eligible for inclusion in the IIP and development fees Ineligible costs include projects not included in the IIP; repair, maintenance, or operation of existing facilities, projects which serve existing development in order to meet stricter regulatory requirements, projects which provide a higher level of service to existing development, and administrative, maintenance, and operating costs o As part of calculating the fee, costs for infrastructure improvements, real property, financing, engineering, and architectural services will be considered. TischlerBise will consider all of these components in developing an equitable allocation of costs Meetings: One (1) meeting with City staff Deliverables. See Task 7 TASK 6: DETERMINE THE NEED FOR CREDITS Description: There are two (2) types of "credits," each with specific, distinct characteristics that should be considered as part of this analysis The first is a credit due to possible "double-payment" situations These could occur when future contributions are made by the property owner toward the capital costs of the public facility covered by the development fee Per state law, TischlerBise will forecast revenues generated by new service units other than development fees, such as state-shared revenue, highway user revenue, federal revenue, ad valorem property taxes, construction contracting, or similar excise taxes and the capital recovery portion of utility fees attributable to development based on the approved land use assumptions The second is a credit toward the payment of a development fee for the required dedication of public sites and improvements provided by the developer and for which the development fee is imposed. Both types of credits will be addressed in the calculation of development fees Meetings: None Deliverables. See Task 7 TASK 7: DISCUSSION OF PRELIMINARY METHODOLOGIES AND POLICY OPTIONS Description• The completion of the previous tasks will allow TischlerBise to prepare draft levels of service tables and methodology recommendations for each infrastructure category and component We will discuss this information with City staff to ensure understanding and acceptance Policy alternatives will be discussed as appropriate This should help ensure"sign-off" and prevent time delays in finalizing the analysis Meetings: One (1) meeting with City staff and elected officials to discuss and explain the preliminary findings, assumptions, and results One (1) meeting with representatives from the development community to present land use assumptions and preliminary findings. AEI Ilk AIM Db. Deliverable• For Tasks 3 —7,TischlerBise will prepare a memorandum for staff review and comment detailing proposed levels-of-service, cost estimates, service areas, and recommended calculation methodologies TASK S• PREPARE INFRASTRUCTURE IMPROVEMENT PLAN (IIP) Description. In this task, TischlerBise's qualified professionals will prepare an IIP using generally accepted engineering and planning practices for each "necessary public service" for which a development fee can be assessed. Development of the IIP will include the following subtasks 1) Reserve Capacity — The IIP will identify infrastructure capacity to be reserved to serve future development. 2) Description of Existing Necessary Public Services in Service Area — The IIP will include a description of the existing "necessary public services" in the service area and the costs to upgrade, update, improve, expand, correct, or replace those services to meet existing needs and usage and stricter safety, efficiency, environmental, and regulatory standards 3) Analysis of Total Capacity — The IIP will identify the current usage and commitments for usage of capacity of the existing"necessary public services " 4) Description of"Necessary Public Services"Attributable to New Development-The IIP will describe all parts of the "necessary public services"of facility expansions and their costs necessitated by and attributable to development in the service area based on the approved land use assumptions Cost forecasts will include the costs of infrastructure improvements, real property, financing, engineering, and architectural services 5) Equivalency/Conversion Table—The IIP will include a table establishing the specific level or quantity of use, consumption, generation, or discharge of a service unit for each category of "necessary public services" or facility expansions. The table will include the ratio of a service unit to various types of residential, commercial, and industrial land uses 6) Projected Service Units —The IIP will include the total number of projected service units necessitated by and attributable to new development in the service area, based on the approved land use assumptions 7) Projected Demand for Necessary Public Services — The IIP will include a ten-year projection of the demand for "necessary public services" or facility expansions required by new service units 8) Forecast of Non-Development Fee Revenues from New Service Units—The IIP will forecast revenues generated by new service units other than development fees, such as state-shared revenue, highway user revenue, federal revenue, ad valorem property taxes, construction contracting or similar excise taxes, and the capital recovery portion of utility fees attributable to development based on the approved land use assumptions This subtask will include a plan to include these contributions in determining the extent of the burden created by new development These subtasks will result in a written plan that identifies each "necessary public service" or facility expansion that is to be the subject of a development fee and complies with the requirements of State law. Meetings. None Deliverables. Draft Infrastructure Improvement Plan TASK 9: COMPLETE DEVELOPMENT FEE METHODOLOGY AND CALCULATIONS Description• The completion of the previous task will enable the development fee methodology and calculations to be finalized TischlerBise will calculate the maximum justifiable fee for commercial, residential, and industrial development that can be charged and conform to fee requirements. Meetings. None Deliverables. See Task 11 TASK 10: CONDUCT FUNDING AND CASH FLOW ANALYSIS; ESTIMATE ANNUAL OPERATING COSTS Description: In order to prepare a meaningful infrastructure improvement plan, it is important to evaluate the anticipated funding sources In this task, TischlerBise will prepare a ten- year cash flow analysis This calculation will allow the City to better understand the revenue potential of the development fees and the amount which would be needed if the fees were discounted It will also provide a good understanding of the cash flow needed to cover the infrastructure costs for new development. The cash flow analysis will indicate whether additional funds might be needed or whether the IIP might need AlMilk Ail 11. to be altered This could also affect the total credits calculated in the previous task Therefore, it is likely that a number of iterations will be conducted in order to refine the cash flow analysis reflecting the capital improvement needs Development fee revenues can only be spent on capital projects which add capacity Operating and maintenance costs associated with these capital improvements will have to be funded from other revenue sources, mostly likely from the General Fund To estimate the annual operational and maintenance costs of the projected infrastructure, TischlerBise will utilize several data sources, including• • Most recently adopted operating budget • Most recently adopted capital improvement plan. • Capital project/program submittal sheets from departments Meetings. None Deliverables. See Task 11 TASK 11: PREPARATION OF lIP AND DEVELOPMENT FEE REPORT, ORDINANCE AND PRESENTATIONS Description: TischlerBise will prepare a written report for the City that summarizes the need for development fees for the appropriate public facility category and the relevant methodologies employed, as well as documentation for all assumptions and cost factors.The report will include at a minimum the following information • Executive Summary • A detailed description of the methodologies used during the study • A detailed description of all level of service standards and cost factors used and accompanying rationale • An IIP spanning a maximum ten-year planning horizon listing projects, costs, timing, and financing • A detailed schedule of all proposed fees listed by land use type and activity • Other information which adequately explains and justifies the resulting recommended fee schedule • Ten-year cash flow analysis of development fees and estimate of operating costs • Prepare updated Development Fee Ordinance that complies with the intent and spirit of SB 1525. This will include outlining procedures for establishing the required Advisory Committee or Biannual Audit process It is anticipated that the League of Cities Model Ordinance will serve as the base, with appropriate revisions to meet specific Apache Junctions needs Meetings. One (1) meeting with the development community to present and discuss final recommendations Two (2) presentations/worksessions with the City Council to present and discuss final Impact Fee Report, IIP and Ordinance Deliverable. Draft and Final IIP, Development Fee Report and Development Fee Ordinance. TASK 12: INFRASTRUCTURE IMPROVEMENTS ADVISORY COMMITTEE Description• TischlerBise will meet with City stakeholders two (2) times during the course of the study process The purpose of this committee is to allow interested parties to understand assumptions and raise any questions about the technical demographic, cost, revenue, credit, and other data and supporting documentation that is being used in the calculation of development fees 1. Meeting #1 with development community - The first meeting will describe the study process, land use projections and will allow the participants to identify and communicate and potential issues which may affect them Future development projections will also be presented This will occur during Task 7 2 Meeting #2 with development community - The second meeting will be a presentation and discussion of final recommendations This meeting will occur following the completion of Task 11 The following table presents our proposed task schedule for this assignment. TischlerBise envisions a 12-month schedule to complete the study TischlerBise will devote the time and resources required to meet this schedule. City of Apache Junction-Development Fee Study Project Schedule Task I Timeframe I Meetings Task 1•Project Initiation October 2012 1 Task 2 Develop Land Use Assumptions October/November 2012 0 Task 3 Ascertain Demand Factors and Levels of Service for "Necessary Public Services" November/December 2012 1 Task 4 Evaluate Different Al location Methodologies December/January 2012 1 Task 5.Identify Capital Needs and Costs December/January 2013 1 or 2 Task 6 Determine the Need for Credits January 2013 0 Task 7.Discussion of Preliminary Methodologies and Policy Options January/February 2013 1 Task 8 Prepare Infrastructure Improvement Plan(IIP) January/February 2013 0 Task 9 Complete Development Fee Methodology and Calculations March/April 2013 0 Task 10 Conduct Funding and Cash Flow Analysis,Estimate Annual y_ Operating Costs April 2013 0 Task 11 Preparation of IIP,Development Fee Report,Development Fee Ordinance,Presentation April/September 2013 3 Task 12 Infrastructure Improvements Advisory Committee January 2013 through April 2013 2* *These meetings are included in the meetings shown in the previous tasks EXHIBIT B Cost The table below represents our proposed fee for this project Our total proposed not-to-exceed fee is $76,240 This includes hours, billing classification, and hourly rate for each member of our consultant team for each work plan task, and reimbursement levels for direct expenses Additional meetings will be conducted at a cost of$2,800 City of Apache Junction,AZ—Development Fee Study Project Team Member. Bise Guthrie Total Hourly Rate* $200 $180 Hours Cost Tasks Task 1 Project Initiation 8 8 16 $3 040 Task 2 Develop Land Use Assumptions 8 40 48 $8,800 Task 3 Ascertain Demand Factors and Levels of Service for"Necessary Public Services 8 36 44 $8,080 Task 4 Evaluate Different Allocation Methodologies 8 24 32 $5,920 Task S Identify Capital Needs and Costs 16 36 52 $9,680 Task 6 Determine the Need for Credits 0 8 8 $1,440 Task 7 Discussion of Prelininary Methodologies and Policy Options 4 16 20 $3 680 Task 8 Prepare Infrastructure Improvement Plan(IIP) 8 40 48 $8,800 Task 9 Complete Impact Fee Methodology and Calculations 2 8 10 $1,840 Task 10•Conduct Funding and Cash Flow Analysis,Estimate Annual Operating Costs 4 8 12 $2,240 Task 11 Preparation of IIP and Development Fee Report,Presentation 32 56 88 $16,480 Task 12 Infrastructure Improvements Advisory Committee 24 8 32 $6,240 Total 122 288 410 $76,240 ACN� tir IPS oo Cio of Apache Jurneion Nome of•th_he Superstition Mountains 4przotr Print TO: City Manager's Office FROM: Bryant Powell, Asst. City Manager DATE: November 6, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM• Consideration of approval of lease agreement with Water Utility Community Facilities District for office space in the city hall complex. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION• Resolution No 11-41 previously authorized the city to enter into an intergovernmental lease agreement with the Water Utilities Community Facility District (WUCFD) for office space in the Apache Junction City Hall Development Services building The time for renewal is up, and if renewed, the annual base rental amount paid by the WUCFD will be $15 per square foot up to 2000 square feet. FISCAL IMPACT: OPTIONS/ALTERNATIVES. RECOMMENDATION: Approval ATTACHMENTS: Click to download No Attachments Available LEASE AGREEMENT WITH APACHE JUNCTION WATER DISTRICT THIS LEASE AGREEMENT is made and entered into by and between THE CITY OF APACHE JUNCTION, an Arizona municipal corporation, (hereinafter referred to as "City") and WATER UTILITIES COMMUNITY FACILITIES DISTRICT OF APACHE JUNCTION, (hereinafter referred to as "District"). 1. Premises. City hereby leases to District and District hereby leases from City the office space shown in red outlining on the Apache Junction City Hall Development Services floor plan attached hereto as Exhibit A (the "Premises"), with a physical address at the Apache Junction City Hall Complex, 300 East Superstition Blvd., Apache Junction, AZ 85119, hereinafter referred to as ("City Hall"), together with all parking areas, sidewalks, driveways, landscaping and other common areas designated by Landlord from time to time. 2. License Term and Renewal. The term of this lease shall commence on the day of , 2012, and shall automatically renew for each twelve (12) month period hereafter unless one party gives the other six (6) months notice. 3. Rent. District agrees to pay a yearly base rental, the sum of Fifteen Dollars ($15.00) per square foot for up to 2000 square feet. Said payment shall be paid in four (4) equal quarterly installments on the last day of each calendar quarter of the term. 4. Termination. Either party may terminate this Agreement upon sixty (60) calendar days prior written notice. 5. Improvements and Alterations. District shall not make any alterations, additions or improvements without prior written notification to and permission of City. Any such alterations, additions or improvements (except moveable furniture and trade fixtures) shall become a part of the realty and belong to City. However, with City's permission, such structures, additions and alterations placed or attached on or to building may be removed with the consent of City, but must be restored to the original condition before commencement of the lease. The obligations and duty to restore the demised building shall survive the expiration of this Agreement or renewal thereof. 6. Signs. District may install such signs as may be appropriate for its function, provided that such signs are approved by City for size, material and location 7. Use of Premises. The space depicted in Exhibit A is leased to District for the sole purpose of providing the services of the Water Utilities Community Facilities District of Apache Junction. District agrees to comply with all applicable laws, ordinances, regulations, building codes, now or hereafter in force in connection with the leased premises. 8. Assignment and Sublease. District shall not assign, sublet or otherwise transfer in any manner any of its rights under this Agreement. 9. Indemnity. District agrees to completely release, forever discharge, indemnify and hold harmless City, its officers, agents and employees, from any and all claims, demands, liability incurred by any of the above and from any persons or property whatsoever, which is caused by an activity, condition or event arising out of the performance or non- performance of any provision in this Agreement by District, its officers, agents, employees or subcontractors. These costs incurred by City or its officers, agents and employees shall include, in the event of legal action, court costs, expense of litigation and reasonable attorney's fees. When any of these costs, damages or liability occurs, District assumes the burden of proof that the activity, condition or event did not cause such costs, damages or liability. This paragraph shall survive the expiration of this Agreement or any renewal thereof. 10. Delivery, Acceptance and Surrender of Property. (a) City represents that the premises are in fit condition for use by District. Acceptance of the premises by District shall be construed as recognition by District that the premises are in good state of repair and are in sanitary condition. (b)At the expiration of this Lease, District shall vacate the premises and remove all personal property and equipment placed on the premises which have not become fixtures as provided in paragraph 5 of this Lease Allowance shall be given for ordinary and reasonable use and wear and acts of God. 11. Governing Law, Forum and Attorneys Fees. (a) The laws of the State of Arizona shall apply in the event that a dispute arises as to the terms, conditions and obligations under this Lease. (b)All lawsuits shall be filed in the appropriate courts of Pinal County. All issues relating to change of venue are waived by each party Page 2 of 6 (c) In an action between the parties to this Lease, their heirs, executors, administrators or permitted assigns, for a default, breach or for the enforcement of any of the terms and conditions of this lease, any reasonable attorneys fees to be affixed by the courts of competent jurisdiction shall be added to and made a part of the allowable cost in such action in favor of the successful party. 12. Entry on Premises by City During Lease Term. City reserves the right to enter onto the premises at reasonable times to inspect such premises, perform required maintenance and repairs, or make additions, alterations or modifications to any part of the building in which the premises are located, and District agrees to permit City to do so. City or its agents may erect scaffolding, fences and similar equipment in connection with making alterations, additions or repairs, all without incurring liability to District for disturbances of quiet enjoyment of the premises or loss of occupation thereof. 13. Keys and Locks. District is to maintain through the City Clerk's Office the allocation and assignment of keys to the building consistent with City's master key system. District shall not duplicate keys, change locks or install additional locks without prior written consent of the City Clerk. In addition, keys shall not be reassigned or loaned to any agency except as provided by City Clerk. 14. Waiver. No waiver by City of any provision of this Lease Agreement or of any breach by District shall be deemed to be a waiver of any other provision hereof, or of any subsequent breach by District of the same or any other provision. City's consent to or approval of any act by District requiring city's consent to or approval shall not be deemed to render unnecessary the obtaining of City's consent to or approval of any subsequent act of District. 15. Force Majeure. Neither City nor District, as the case may be, shall be considered not to have performed its obligations under this Lease in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or delays due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of Page 3of6 moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting this Lease. District agrees that District alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 16. Time. Time is of the essence of this Lease Agreement and all of its provisions. 17. Holdover. Should District hold possession after expiration of the lease term or any renewal thereof, District shall become a lessee on a month-to-month basis upon the terms and conditions of this Lease Agreement. Either City or District shall have the right to terminate any holdover tenancy with thirty (30) calendar days written notice to the addresses listed below. 18. Entire Agreement. All negotiations, considerations, representations and understandings between the parties are incorporated and expressly stated herein and may be modified and altered only by agreement in writing between the parties. 19. Liens. District shall keep the land free from any liens arising out of any work performed, materials furnished or obligations incurred by District. In the event District shall not do so, within ten (10) calendar days following imposition of any such lien, District shall cause the same to be released by payment of posting of a proper bond. City shall have, in addition to other remedies provided herein by law, the right to cause the same to be released by such means as it shall deem proper, including the payment of the claim giving rise to such lien. 20. SEVERABILITY: City and District each believe that the execution, delivery and performance of this Lease are in compliance with all applicable laws However, in the unlikely event that any provision of this Lease is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Lease and this Lease shall otherwise remain in full force and effect; provided that this Lease shall retroactively be deemed reformed to the extent reasonably possible in such a manner Page 4 of 6 so that the reformed Lease (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 Lease, as reformed. 21. Conflicts of Interest. All parties hereby are put on notice that this Lease Agreement is subject to cancellation pursuant to Arizona Revised Statutes Annotated §38-511, the provisions of which are incorporated herein by reference 22. Notices. All notices specified herein shall be given in writing, first class prepaid postage, certified mail, return receipt requested, to each party at the following address: If to City: City of Apache Junction Office of the City Clerk 300 East Superstition Blvd. Apache Junction, AZ 85119 If to District: Water Utilities Community Facilities District of Apache Junction 300 East Superstition Blvd. Apache Junction, AZ 85119 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. CITY OF APACHE JUNCTION, ARIZONA, an Arizona Municipal Corporation By: John S. Insalaco Mayor ATTEST: Kathleen Connelly City Clerk Page 5 of 6 APPROVED AS TO FORM: - /0-l6 12 Richard J. Stern City Attorney WATER UTILITIES COMMUNITY FACILITIES DISTRICT OF APACHE JUNCTION a/ 7 f' 2 A By: c2 �,,, -� Z>e / /John S. Insalaco Chairman ATTEST: Kathleen Connelly District Clerk APPROVED AS TO FORM: .r. 6—lea Richard J. Stern District Counsel Page 6 of 6 L DEVELOPMENT SERVICES b i _ /= !ij 1 s r . 710. CO IL _. r 4 ___.es 1 i L 0 P s. _- ff :i 1 a .�Et .0o s ,�•' � ;,l j 1 r lir to !-- (�� Ei ® ® � ' -, ,,W L. ::R.� e.ty of Apache N W , Q=` — II: `,, 'VEIOYNMK 51XV , I. Ctra�/[AT fu v KC H r M ® ® am •�l ''1 W -� 1iii I1' �'i�2-T vil [Ili H - I I , L. -, ® I,4aI Co w1.4 3 Egg s :..m= : ...w..,.to,64 —111171'. a P .....v.e,..--.-,-.._ .... . Ft*,...S- r __. • .. _______ _ _iii„..t.a.:,......_ . i. 1 t-fte.-1_7;----n---! 5, 4-1.=.I....,"""1-..... .......aT=Mr.. , 4 I _. n _______ i..,, . i di ,7„,..., . .,,, , .air 0..._ , .., . __ ...'i,.....„...... to:v...z.,..,_ . ,-- f--An...a— ‘..7.:"..--- --='••• .."-h--17----•-• • 1 4 I.1 , Q 1-,;51 clik.** If it ...... _ t T-_1 T _ T"� ° - ~.. ._�.. p E — _� _ �_ _ ... — �► n ROLL CALL VOTE NOTES c\tictj ofook 1► ITEM # MEETIN OF kl MOTION BY 1(4-2SECONDED BYE YES NO ABSTAINED COUNCILMEMBER EVANS COUNCILMEMBER BARKER VICE MAYOR DIETZ ,I COUNCILMEMBER WALDRON COUNCILMEMBER SERDY COUNCILMEMBER WILSON u/ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Auk oink CONSENT AGENDA ITEMS NO. 1-4 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN CARSONBISE AND THE CITY OF APACHE JUNCTION FOR PREPARATION OF AN UPDATED DEVELOPMENT FEE STUDY AND ORDINANCE IN AN AMOUNT NOT TO EXCEED $76,240 00,AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE RENEWAL OF THE INTERGOVERNMENTAL LEASE AGREEMENT BETWEEN THE WATER UTILITIES COMMUNITY FACILITIES DISTRICT AND THE CITY OF APACHE JUNCTION FOR OFFICE SPACE AT THE CITY HALL COMPLEX IN THE ANNUAL BASE RENTAL AMOUNT OF $15 PER SQUARE FOOT UP TO 2,000 SQUARE FEET; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY 4010 Moo Col of Apachejunction Home of the Superstition Mountains 40 zo * M Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: November 6, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES RECOMMENDATION: Allik ATTACHMENTS: Click to download No Attachments Available ( 1O 4, GO of Apache Junction Home of the Superstition Mountains Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE. November 6, 2012 ,genda Type : Regular Agenda Council Priority Focus Area: Communication/Outreach TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION WITH A REPRESENTATIVE FROM THE CHAMBER OF COMMERCE ON THE UPCOMING FESTIVAL OF THE SUPERSTITIONS EVENT. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS / ALTERNATIVES: 'ECOMMENDATION: ATTACHMENTS• Click to download No Attachments Available tzi ACN 8( JL+ City of. padre Junction Nome of the Superstition Mountains Print TO: City Manager's Office FROM: Jerald Monahan, Chief of Police DATE- November 6, 2012 agenda Type . Regular Agenda Council Priority Focus Area TITLE OF AGENDA ITEM. UPDATE OF THE VIOLENT CRIMINAL APPREHENSION PROGRAM (VICAP) AND THE COLD CASE UNIT OF THE CRIMINAL INVESTIGATIONS DIVISION ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION. Staff will provide an update on the Violent Criminal Apprehension Program (ViCAP) and the Cold Case Unit of the Criminal Investigations Division FISCAL IMPACT. OPTIONS/ALTERNATIVES• 'ECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1387, CASE PZ-3-12, A REQUEST BY GLEN A. WILT JR., REPRESENTED BY DAN KAUFMAN, TO REZONE HIS PROPERTY FROM MULTIPLE-FAMILY RESIDENCE ZONE (CR-5) AND GENERAL RURAL (GR) TO CONVENTIONAL SINGLE-FAMILY HOMES BY PLANNED DEVELOPMENT (CR-3/PD). 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. O r••• • Jan .. o C10 of.. pace Junction Home of the .Super_itr/ion Mountains +Pl2014P. Print TO: City Manager's Office FROM: Rudy Esquivias, Senior Planner/Zoning Admin. DATE: November 6, 2012 Agenda Type • Regular Agenda Council Priority Focus Area Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PROPOSED ORDINANCE NO. 1387, CASE PZ-3-12, A REQUEST BY GLEN A WILT JR , REPRESENTED BY DAN KAUFMAN, TO REZONE HIS PROPERTY FROM MULTIPLE-FAMILY RESIDENCE ZONE (CR-5) AND GENERAL RURAL (GR) TO CONVENTIONAL SINGLE-FAMILY HOMES BY PLANNED DEVELOPMENT (CR-3/PD). ACTION REQUESTED Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Ordinance No 1387 proposes to rezone the 15-gross-acres property at the southeast corner of N Main Drive and W. Roundup Street for the purpose of developing a gated, 105-lot, conventional homes subdivision with private interior streets and resident amenities The preliminary plat (case SD-2-12) accompanies this rezoning request FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: 'oning Ordinance Requirement RECOMMENDATION: The Planning and Zoning Commission recommended approval of the rezoning request by a vote of 5 to 1, with conditions. ATTACHMENTS: Click to download Et PZ-3-12 CC Cover Memo L] Draft Ord.No. 1387 ❑ PZ Staff Report pCH ✓ 9 ti City of Apache Junction 4R+ ° P. Development Services Department Date October 25, 2012 To• Honorable Mayor and City Council Members Through. George Hoffman,City Manager Brad Steinke, Development Services Director From Rudy Esquivias,Senior Planner/Zoning Admin Subject. November 6,2012,City Council Public Hearing,Agenda Item PZ-3-12/SD-2-12 Stagecoach Trails Subdivision Background Dan Kaufman, representing property owner Glen Wilt Jr., has applied for rezoning and preliminary subdivision plat approval for a new 105-lot, conventional single-family homes subdivision to be called "Stagecoach Trails". The previously undeveloped 15-gross-acres property is located at the southeast corner of W. Roundup Street and N Main Drive. The north 5-acres of the property is currently zoned CR-5 (Multiple-Family Residence Zone) and the south 10 acres is currently zoned GR (General Rural). The proposed zoning for the property is CR-3/PD (Conventional Single-Family Homes by Planned Development) Planning and Zoning Commission Recommendation On September 25th, 2012, the Planning and Zoning Commission held a public hearing regarding the development plan and preliminary plat(P&Z staff report and exhibits attached) The Commission voted to recommend approva I of the PD rezoning with all recommended conditions, and the preliminary plat with all recommended conditions, by a vote of 5 to 1 The dissenting vote was cast because of concerns that the lots were too small,that the homes are too close together,that residents would not enjoy any privacy and that the proposal was straying too far away from standard CR-3 zoning requirements The Commissioner felt that if developers are going to request projects that deviate so much from the standards, that perhaps the City should develop a new zoning district to accommodate such requests first Staff and the developer commented that no negative reviews or concerns had been expressed by the reviewing agencies, including the Fire District,especially with regard to health and safety Three neighbors spoke at the public hearing Their concerns had mainly to do with building heights and the blocking of views, with the high number of homes and people that would come into the neighborhood, that they did not want streetlights, that there were drainage concerns and that the developer should be required to construct both sides of Main Drive instead of just his half Staff responded that 25'and 30' building heights were already allowed for all of the surrounding properties, that the nearest new homes (relative to the homes to the west) would be perhaps 80' to 100' away, that streetlights on public streets are a normal requirement of new subdivisions (not in the "Y" area), and that the property which Mr Kaufman is going to purchase and develop lies east of the centerline of Main Drive. Mr Kaufman echoed these points during his presentation He also spoke of the amenities that the subdivision would feature, of other developments he has done in the City, and that the types of concerns expressed by Commissioners and neighbors have not proven problematic in his other developments The Commissioners ultimately recommended approval with all conditions as suggested and commented that this was another housing choice that may appeal to many people, but not necessarily to all A.. AInk City Council Work Session At their work session on October 15th, staff presented the Staff report and the Commission recommendation on Stagecoach Trails to the City Council, along with the most recently revised version of the preliminary plat Councilmembers expressed concerns/had questions about,the following items 1) Drainage across and around the property (Staff response• the developer is required to retain on-site any calculated quantities of water that are being displaced, and continue to accommodate historic flows across the property Development Services and Public Works engineers will be at the Council meeting to discuss specific and/or detailed questions.) 2) The conceptual landscape plan does not coincide with the revised preliminary plat. (Response. please see the new updated preliminary landscaping exhibit received from Mr Kaufman,dated 10-25-12) 3) Residents in the northeast and southeast corners of the subdivision have a long walk to the amenity areas. (Response as part of his final landscape plan, Mr. Kaufman has committed to providing pedestrian paths, from the north and south ends of the subdivision, through the landscape areas, to the amenity areas) 4) Size of pool,size of clubhouse and parking adequate for number of residents? (Response in the past, the provision of pools and clubhouses [sizes not specified] in private developments have been considered to meet the amenity requirements for HOA owned facilities The parking code normally requires 1 parking space for every 100 square feet of assembly area, and 1 parking space for every 200 square feet of office area, the proposed 1600 square foot clubhouse has about 1000 square feet of assembly area and offers 4 parking spaces plus parking on the street if needed, according to Mr. Kaufman. Council may require additional parking spaces for the clubhouse if they so desire See amenity, pool and clubhouse exhibits dated 10-25-12) 5) The 2-story homes should be located towards the center or east side of the subdivision to protect views for the homes to the west. (Response Mr Kaufman is preparing an exhibit for Council to show how views for neighbors to the west might be impacted by 2-story homes at Stagecoach Trails) 6) Streetlights? (Streetlights on the interior private streets shall be at the discretion of the developer. The City Engineer will be present at the Council meeting to discuss required streetlights on the Main and Roundup public roadways) 7) What is Mr. Wilt's involvement with this project? (Response Mr Kaufman is purchasing the property from Mr Wilt contingent upon rezoning and pre-plat approval. Mr. Wilt does not otherwise appear to be involved with this project) 8) Has Mr Kaufman's LLC been registered with the Corporation Commission? (Response• Mr Kaufman has submitted documentation which shows that the Articles of Organization for Stagecoach Trails LLC, was approved by the Corporation Commission on October 18,2012) In response to some of Council's concerns above, Staff offers the following additional conditions of approval to draft Ordinance No 1387 for Council's consideration. If Council so desires, one or more of these additional conditions should be mentioned as part of a motion for approval of Ordinance No.1387. A) Pedestrian paths shall be required in the landscape tracts along the west side of the subdivision, for better internal connectivity to the play areas from the north and south sides of the subdivision B) Two-story homes shall not be located along the west row of lots closest to N Main Drive C) Gunite or rip-rap improved drainage channels shall be provided where need to convey water around or through the subdivision Attachments Draft Ordinance No 1387, Draft Resolution No. 12-36,PZ Staff Report from September 25,2012,including neighborhood meeting summary,vicinity and aerial maps,lot layout exhibits,NEW amenity,clubhouse and swimming pool exhibits dated 10-25-12;home model plans,NEW conceptual landscape plan exhibit dated 10-25-12; and pre-plat submittal (these last three large format attachments NOT included as electronic attachments) OmS ORDINANCE NO. 1387 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTIES DESCRIBED IN REZONING CASE PZ-3-12, A REQUEST BY GLEN A. WILT JR. , ,^ REPRESENTED BY DAN KAUFMAN, FROM MULTIPLE-FAMILY RESIDENCE ZONE (CR-5) AND GENERAL RURAL (GR) TO CONVENTIONAL SINGLE- FAMILY HOMES BY PLANNED DEVELOPMENT (CR-3/PD) ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY WHEREAS, the previously approved rezoning case for the north 5-gross acres (parcel no. 100-35-022) of the 15-gross acres subject property, pursuant to rezoning case PZ-14-83 (Ordinance No. 187, approved on May 3, 1983) , yielded no development on said property; and WHEREAS, the submitted Planned Development plan and preliminary plat for a future 105-lot single-family homes subdivision on the 15-gross acres subject property proposes a density of 7 dwelling units per acre, which is slightly higher than the 6 dwelling units per acre that the city' s current General Plan has designated for the area, but, which overall proposes fewer dwelling units over the entire 15 acres than the number of units which could be constructed on the CR-5 parcel alone; and WHEREAS, on September 25, 2012 the Apache Junction Planning and Zoning Commission voted 5-1 to recommend approval of Planned Development rezoning case PZ-3-12, subject to the submitted conceptual Planned Development plans and the conditions prescribed herein; and WHEREAS, the City Council hereby determines that the proposed Planned Development rezoning request conforms to all of the general criteria as specified in Section 1-15-6 CR-3 Single- Family Residence Zone and Section 1-19 Planned Development Zoning District of the Apache Junction Zoning Ordinance (except as otherwise conditioned herein) , including integration with the surrounding neighborhood, adequate traffic accommodation, adequate public facilities, extension of infrastructure, and that the design and uses should result in enhancements to the ORDINANCE NO. 1387 PAGE 1 OF 5 1 Aw social, built, and natural environments in the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL — The zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcel of land legally described as : The North half of the West half of the North half of the East half of the South half of the Southeast quarter of Section 18, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Pinal County Parcel #100-35-022) ; be and hereby is amended from Multiple-Family Residence Zone (CR-5) to Conventional Single-Family Homes by Planned Development (CR-3/PD) ; and That the zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcels of land legally described as • The South half of the West half of the North half of the East half of the South half of the Southeast quarter of Section 18, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (final County Parcel #100-35-027) ; and The North half of the West half of the South half of the East half of the South half of the Southeast quarter of Section 18, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (final County Parcel #100-35-030) ; be and hereby are amended from General Rural (GR) to Conven- tional Single-Family Homes by Planned Development (CR-3/PD) , subject to the following conditions of approval • ORDINANCE NO. 1387 PAGE 2 OF 5 1) Street improvements along the property' s N Main Drive frontage from Superstition Boulevard to Roundup Street, such as extension of pavement and the provision of sidewalk, curb, gutter, streetlights, fire hydrants, landscaping, retention areas, etc. , normally required for CR-3-zoned subdivisions, shall be required as part of this planned development project, subject to approval by the City Engineer. Additional off-site improvements along the a� property' s W. Roundup Street frontage shall also be provided subject to the City Engineer' s determination at the time of final subdivision plat and improvement plans submittal . 2) Xeriscape landscaping shall be provided throughout the development as illustrated on the submitted conceptual landscape plan. The swimming pool and playground amenity areas shall be shaded for the mitigation of summer heat by drought-tolerant, low-water using trees A complement of either 24" box Ironwoods or 24" box Rio Salado Mesquites shall be used in these amenity areas, with the Ironwood representing the first choice as it is slow growing, and the Mesquite as a secondary option as it is resistant to high winds and is a good shade tree. Play stations and usable open space shall be provided in compliance with the city' s Parks and Recreation standards for HOA maintained areas . 3) The perimeter of the development shall be landscaped in accordance with the city' s Landscape and Screening Requirements, except that all required trees shall be 24" box and all required shrubs shall be 5-gallon shrubs . A 6' tall decorative masonry wall shall complement the W '~ Roundup streetscape and a 6' wall incorporating wrought iron view fencing shall complement the N. Main frontage from the corner at Roundup to just south of Tract A. 4) The proposed homes shall include southwestern architectural features as illustrated in the City' s Design Guidelines and in the submitted elevations, and shall offer ground mounted air conditioning units and architectural treatments on all four sides of the buildings so as to preclude flat or blank facades, including pop-outs and roofline and color variations to add visual interest . ORDINANCE NO. 1387 PAGE 3 OF 5 5) All applicable permits shall be applied for and plans shall be designed to current City codes prior to any lot grading or construction on the lots . Inclusively, all applicable development fees shall be paid at the time of permits issuance on a per-building basis . 6) The preliminary and final plats shall reflect substantial .m. compliance and consistency with the Planned Development concepts presented with case PZ-3-12, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, setbacks (10' front/18' to garage, 10' rear, 5' interior sides, 8' street side) , public and private rights-of-ways, easements and tracts, amenities, perimeter and interior lot separation walls, model types, landscaping and other improvements . 7) The rear yard patios shall be covered, shall meet setback requirements for the homes and shall at no time hereafter be enclosed. 8) All common areas, amenity areas, and tracts within and immediately adjacent to the proposed development, including perimeter walls and fences, and interior and exterior common area landscaping, shall be owned and maintained in good condition at all times by the owners or homeowners association of the proposed subdivision. 9) All-weather surface access drives for fire apparatus and other emergency providers shall be provided during construction of the development; and all construction ^ vehicles and equipment shall be kept on the subject property SECTION II REPEALING ANY CONFLICTING PROVISIONS: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY. If any section, sub-section, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by ORDINANCE NO. 1387 PAGE 4 OF 5 ... ..... reference, is for any reason held to be invalid or unconsti- tutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 . SIGNED AND ATTESTED TO THIS DAY OF , 2012 . JOHN INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney p ORDINANCE NO. 1387 PAGE 5 OF 5 City of Apache Junction ° Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: September 25, 2012 CASE NUMBER: PZ-3-12/SD-2-12 APPLICANT/OWNER: Glen A. Wilt Jr. REPRESENTATIVE: Dan Kaufman REQUEST: An application requesting rezoning and preliminary plat approval for a proposed planned development subdivision to be called "Stagecoach Trails" . The devel- opment plan proposes to rezone the +/-15- gross-acres property from GR (General Rural) and CR-5 (Multiple-Family Residence Zone) to CR-3/PD (Single-Family Residences by Planned Development) ; and to plat the property for +/-105 lots for single-family homes and private amenity areas . LOCATION: The property is located at the southeast •• corner of W. Roundup St. and N. Main Dr. GENERAL PLAN/ ZONING DESIGNATION: Medium Density Residential at 1 to 6 dwelling units per acre. The property is currently zoned GR (south 10 acres) and CR-5 (north 5 acres) . SURROUNDING USES: North: Mostly manufactured homes (zoned GR and TH-Trailer Homesites) South: Vacant property (zoned GR) East: Manufactured homes (zoned GR) ; Ironwood Trails Subdivision (zoned CR-3/PD-Conventional single-family Homes) ; and Trails End MHP (TH) . West : Conventional and manufactured homes (zoned GR and TH) . rot. PZ-3-12/SD-2-012 (Stagecoach Trails/Kaufman) PAGE 2 OF 10 BACKGROUND The subject property consists of three 5-acre parcels which have never been developed, except for partial adjacent street improvements on Main and Roundup. The north 10 acres of the property contains one of the last remaining identifiable southeast-bound stretches of the old stagecoach trail (also referred to as the old Globe Highway) , hence the name of the proposed subdivision, "Stagecoach Trails" . In May of 1983, the City Council approved the rezoning of the north 5 acres of the property (parcel 100-35-022) from GR to CR- 5 (Ordinance No. 187) , subject to no conditions of approval. The old case file contains minimal information about what the proposed project was, but it appears that the owners at the time wanted to develop the property with apartments, possibly four- plexes. The city' s original General Plan had designated that part of the city for medium to high density residential uses . The property was never developed and the zoning never reverted. PROPOSAL Attached please find vicinity and aerial maps for the subject property, along with model plans, concept landscape and amenity plans, and a proposed preliminary plat for Stagecoach Trails, a 105-lot single-family homes subdivision. Mr. Kaufman, the developer of the property, is modeling this subdivision very ,^ similarly to the Broadway San Marcos Subdivision (at the northwest corner of W. Broadway Avenue and the S . San Marcos Drive alignment) , which he is currently building out. The subdivisions will be similar in terms of lot sizes, model types, amenity features and areas, and private streets with controlled entries. The main entrance to the subdivision will be off of Main Drive and an additional separate emergency exit gate is provided farther south on Main. The plat also proposes to abandon and relinquish the N. Saguaro Drive and W. Greasewood Street alignments, which are not currently used nor needed for access by any adjoining properties . At least eight model types are proposed, four 1-story and four 2-story, ranging in size from 1045 square feet to 2265 square Auk PZ-3-12/SD-2-012 (Stagecoach Trails/Kaufman) PAGE 3 OF 10 feet. Each model offers three elevation options. As usual, Staff will request that the models offer four-sided architecture (i.e. , no flat blank walls) and ground-mounted air conditioning units. Each home will also have a 2-car enclosed garage The subdivider will also be required to provide all standard subdivision improvements, as requested by the City Engineer, including the widening and Improvement of his half of N. Main Drive with asphalt, sidewalk, curb, gutter, street-lights, fire hydrants, and street frontage landscaping. Preliminary comments from Public Works Engineering indicate that they are not going to require Roundup to be fully improved. Instead Public Works is asking the developer to construct the additional portion of Main from the property' s southwest corner to Superstition Boulevard. Both Main and Roundup will be dedicated public streets . The internal streets will be private HOA-maintained streets. Perimeter walls, on-site retention and internal landscaping and amenity areas will also be required. PLANNING STAFF ANALYSIS AND FINDINGS Relationship to General Plan: The subject site and all of the surrounding properties (with the exception of the "community commercial" corner at Ironwood and Superstition) are designated by the General Plan as "MD" Medium Density Residential, maximum of 6 dwelling units per acre (du/ac) . This development proposes a density of 7 du/ac. This Ink slightly higher density would normally raise concerns. However, staff believes there are extenuating circumstances which justify this slightly higher density under the proposed planned development zoning. The fact is, if the developer were to take maximum advantage of the existing CR-5 zoning on the north 5 acres, 109 multi-family units could be constructed on that parcel alone. Instead, the developer is proposing to construct 105 single-family units spread out over the entire 15 acres, thus bringing the zoning and the density much closer into compliance with the city' s current General Plan, and much more in character with the surrounding single-family neighborhocds. Zoning/Site Context: The requested CR-3/PD zoning is compatible with the other medium density single-family zoning districts and with the existing development pattern which surrounds the site, including 2 nearby _ p PZ-3-12/SD-2-012 (Stagecoach Trails/Kaufman) PAGE 4 OF 10 mobile home parks . The new neighborhood will have very close access to Superstition Boulevard, which is a major arterial, section line road. And, the additional improvements on Main will provide better access for the greater neighborhood in general. Overall, staff believes this development proposal will provide a significant improvement to the general area and represents quality in-fill development . The alternative is that the three 5-acre lots could be individually sold off for land splits, bringing no added street improvements or infrastructure to the area. Planned Development Request: Planned Development deviations are being requested for the lot size, lot width and setbacks proposed for Stagecoach Trails . Listed below are the specific development standards for CR-3 as stated in the Apache Junction Zoning Ordinance, and a comparison of how the proposed planned development deviates from the CR-3 standards: • The City of Apache Junction Zoning Ordinance, Section 1-15-6, states that lots in a straight CR-3 zone must meet a minimum lot area of 7, 000 net square feet (SF) . Stagecoach Trails basically proposes 4 lot sizes: the majority of the lots are about 3465 SF in size; the larger lots along the south perimeter are about 4750 SF in size; there are some lots in between; and a handful of corner lots are larger. • 60' is the minimum lot width in a straight CR-3 zone. This development proposes minimum lot widths of 45' and 50' . • Maximum lot coverage by all buildings is 40% in a CR-3 zone. The lots in this development will have similar lot coverage. • The maximum building height in CR-3 is 25' , same as what is proposed. • The minimum setbacks in CR-3 are 20' front, 20' rear, and 5' and 10' on the sides, with corner lots requiring 15' from the side street. Stagecoach Trails proposes very similar setbacks as Broadway San Marcos; 10' front (18' minimum to the garage) , 10' rear, 5' sides for interior lot, 8' street side for a corner lot . (See typical lot layouts for the models with the largest footprints attached. ) Amik PZ-3-12/SD-2-012 (Stagecoach Trails/Kaufman) PAGE 5 OF 10 Because of the deviations listed above, a Planned Development process is necessary for this development. Ambk Some of the Planned development trade-offs offered by the developer include passive and active recreation areas, including a clubhouse and a swimming pool, and an extensive landscaped frontage along Main (see concept plans) . There is also a children' s play area, and turf play areas. The developer will also be responsible for accommodating off-site flows across and possibly around the property, as well as retaining whatever they are displacing on-site; and making sure that those drainage features are incorporated effectively and attractively into the design of the subdivision. Public Input: The applicants conducted their public participation neighborhood meeting on Tuesday, September 11 (see summary report attached) . Concerns included questions about drainage patterns in the general neighborhood and how this development would handle drainage, parking of construction vehicles, neighborhood lighting, sewer, public or private streets, proximity of 2-story homes, if the development would be age-restricted and what the homes would look like. Mr. Kaufman answered the neighbors' questions as best he could, but the issue of off-site drainage in particular has led Mr. Kaufman to make revisions to the pre- plat as explained below. ... Planning and Zoning Commission Work Session At their work session on September 11, the Commissioners expressed three main concerns . that once again, a developer was proposing very small, very tight lots with minimal setbacks and thus minimal privacy; that circulation inside the development was perhaps constricting and needed to provide for better internal connectivity; and if there should be an additional main ingress and egress entrance for the subdivision. Please see the revised preliminary plat date-stamped September 18, 2012 and compare with the original submittal . Mr Kaufman has attempted to address some of the Commission and neighborhood concerns in this revised plat . First, please note that additional internal connectivity points are now provided next to lots 84 and 85, and between lots 19/26 and 18/27 Even though the Fire District has not raised any concerns about the internal PZ-3-12/SD-2-012 (Stagecoach Trails/Kaufman) PAGE 6 OF 10 circulation pattern, this should provide residents with more circulation choices in case of an emergency in the neighborhood. Lots have shifted slightly and open space areas made a bit smaller, given these changes . Lot sizes and requested setbacks have not changed. Secondly, the other main change on the revised plat is that the emergency exit on Roundup has been eliminated in an attempt to allay concerns of neighbors about the ponding that occurs at the northeast corner area . The engineers prefer to create an open drainage channel which will help move water westerly on Roundup, along the north side of the subdivision and around the corner at Main. Installing culverts at the northeast corner, to accommodate an additional emergency exit (as shown on the original pre-plat) , may not work towards improving the drainage situation Lastly, Mr. Kaufman prefers not to provide an additional full time ingress/egress, as his intent is to create a gated community with controlled access . He states that this concept (one main entrance, one emergency exit) has worked well in two of his other AJ developments, Jacobs Ranch (351 lots) and Broadway San Marcos (84 lots) . Planning Division Recommendation Staff notes that numerous planned development deviations are being requested for this unique subdivision. As such and within the context of trade-offs for the requested deviations, staff respectfully recommends to the Commission that they include the following conditions of approval as part of a favorable recommendation to the City Council. The developer has made changes to address some of the Commission and neighbor concerns, however, Commissioners may recommend additional conditions which they feel will improve the development plan. RECOMMENDED MOTION FOR PLANNED DEVELOPMENT REZONING I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of planned development rezoning case PZ-3-12, a request by Glen A. Wilt Jr. , represented by Dan Kaufman, for the subject property located at the southeast corner of N. Main Drive and W. Roundup Street, to rezone the north 5 acres from CR-5 to CR-3/PD and to rezone the south 10 acres of the property from GR to CR-3/PD, for 105 single-family home lots, subject to the following conditions of approval : PZ-3-12/SD-2-012 (Stagecoach Trails/Kaufman) PAGE 7 OF 10 1) Street improvements along the property' s N. Main Drive frontage from Superstition Boulevard to Roundup Street, such as extension of pavement and the provision of sidewalk, curb, gutter, streetlights, fire hydrants, "'` landscaping, retention areas, etc. , normally required for CR-3-zoned subdivisions, shall be required as part of this planned development project, subject to approval by the City Engineer. Additional off-site improvements along the property' s W. Roundup Street frontage shall also be provided subject to the City Engineer' s determination at the time of final subdivision plat and improvement plans submittal . 2) Xeriscape landscaping shall be provided throughout the development as illustrated on the submitted conceptual landscape plan. The swimming pool and playground amenity areas shall be shaded for the mitigation of summer heat by drought-tolerant, low-water using trees. A complement of either 24" box Ironwoods or 24" box Rio Salado Mesquites shall be used in these amenity areas, with the Ironwood representing the first choice as it is slow growing, and the Mesquite as a secondary option as it is resistant to high winds and is a good shade tree. Play stations and usable open space shall be provided in compliance with the city' s Parks and Recreation standards for HOA maintained areas. Ank 3) The perimeter of the development shall be landscaped in accordance with the city' s Landscape and Screening Requirements, except that all required trees shall be 24" box and all required shrubs shall be 5-gallon shrubs. A 6' tall decorative masonry wall shall complement the W. Roundup streetscape and a 6' wall incorporating wrought iron view fencing shall complement the N. Main frontage from the corner at Roundup to just south of Tract A. 4) The proposed homes shall include southwestern architectural features as illustrated in the City' s Design Guidelines and in the submitted elevations, and shall offer ground mounted air conditioning units and architectural treatments on all four sides of the buildings so as to preclude flat or blank facades, including pop-outs and roofline and color variations to add visual interest. PZ-3-12/SD-2-012 (Stagecoach Trails/Kaufman) PAGE 8 OF 10 beapplied for and plans 5) All applicable permits shall shall be designed to current City codes prior to any lot grading or construction on the lots . Inclusively, all applicable development fees shall be paid at the time of permits issuance on a per-building basis . 6) The preliminary and final plats shall reflect substantial compliance and consistency with the Planned Development concepts presented with case PZ-3-12, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, setbacks (10' front/18' to garage, 10' rear, 5' interior sides, 8' street side) , public and private rights-of-ways, easements and tracts, amenities, perimeter and interior lot separation walls, model types, landscaping and other improvements . 7) The rear yard patios shall be covered, shall meet setback requirements for the homes and shall at no time hereafter be enclosed. 8) All common areas, amenity areas, and tracts within and immediately adjacent to the proposed development, including perimeter walls and fences, and interior and exterior common area landscaping, shall be owned and maintained in good condition at all times by the owners or homeowners association of the proposed subdivision. 9) All-weather surface access drives for fire apparatus and other emergency providers shall be provided during construction of the development; and all construction vehicles and equipment shall be kept on the subject property. RECOMMENDED MOTION FOR PRELIMINARY PLAT I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of a pre- liminary plat, case SD-2-12, a request by Glen A. Wilt Jr. , represented by Dan Kaufman, for a proposed subdivision to be named Stagecoach Trails, located at the southeast corner of N. Main Drive and W. Roundup Street, subject to the following conditions of approval . PZ-3-12/SD-2-012 (Stagecoach Trails/Kaufman) PAGE 9 OF 10 1) All conditions of approval for the CR-3/PD-zoned property as approved pursuant to planned development rezoning case PZ-3-12 shall govern the design and subsequent improvements /, of the Final Subdivision Plat 2) Within one year of Preliminary Subdivision Plat approval, the developers shall submit for formal review, the Final Subdivision Plat and improvement plans for the proposed subdivision. 3) Street improvements along N. Main Drive from Superstition Boulevard to Roundup Street, including but not limited to, the extension of pavement and the provision of sidewalks, curbs, gutters, streetlights, fire hydrants, landscaping, etc , shall be designed and constructed according to the City of Apache Junction Engineering Guidelines. Additional off-site improvements along the property' s W. Roundup Street frontage shall also be provided subject to the City Engineer' s determination at the time of final subdivision plat and improvement plans submittal. 4) The Conditions, Covenants and Restrictions for Stagecoach Trails shall also include provisions to address the following- prohibitions on owners using garages for personal storage to the extent that two normal passenger vehicles cannot be accommodated in them at all times; ^ establishing a uniform system for garbage pick-up and mail- delivery; and specifying that the homeowners association is responsible for the maintenance and upkeep of the internal private streets, the common areas and the fencing and landscape improvements both internal and along the outside perimeter of the subdivision. 5) The developer shall work with and coordinate separately with all known utility companies which serve Apache Junction, to relinquish the 33' and 66' wide utility easements in the existing W. Greasewood Street and N Saguaro Drive federal patented easements, prior to or upon final plat approval. The City shall relinquish its rights to said easements for roadway purposes upon approval of the final subdivision plat. OgliS PZ-3-12/SD-2-012 (Stagecoach Trails/Kaufman) PAGE 10 OF 10 This case shall next be scheduled for City Council work session and public hearing, subject to advertisement and notification of surrounding property owners in accordance with City and State laws. Prepar y y Lsquivias Senior P an r/Z ning Administrator Attachments: pio Exhibit #1 - PZ-3-12 Vicinity Map Exhibit #2 - Citizen participation meeting Summary Report Exhibit #3 - Aerial image of property Exhibit #4 - Aerial image of surrounding neighborhood Exhibit #5 - Proposed models Exhibit #6 - Typical lot layout for models with largest footprints Exhibit #7 - Concept elevations and floor plan of clubhouse Exhibit #8 - Conceptual landscape and amenity plans Exhibit #9 - SD-2-12 Proposed Preliminary Plat for Stagecoach Trails Exhibit #10 - Revised Preliminary Plat received 9-18-12 ! 1 STAGECOACH TRAILS Citizen Participation On September 5, 2012 a letter was mailed out informing residents within 300 ft of the property (see mailing labels), that we would have a community meeting to discuss the proposed re-zoning for the property located at Roundup Street and Main, on September 11, 2012 at 5 00 pm. A total of 8 people came to the meeting on September 11, 2012 See attached sign in sheet for names and addresses Dan brought the meeting to a start by introducing himself as the developer for the property Lori Karable and Jack Bowman were the first to speak and wished to address drainage issues. Lori was fine when Dan assured here that the engineer would be creating some type of culvert for drainage. Jack wanted to know how it was going to be engineered and Dan told him it would be up to the engineer and the City He did say however that as long as the drainage is ok that he didn't care what type of property we would build. Lon Karable then asked if dunng construction would the workers be parking in front of her property. Dan told her no, that more than likely they would be parking closer to where they were working and would be on our property. She also asked if on site street lighting was required We told her we would have to check with the city on that determination if we needed to put lighting on the interior of the subdivision. Joel Karable asked if we would be putting sewers in. Dan answered yes. Joel also asked if there would be roads going through the property Dan answered no, it is a gated community. Joel also asked if we were going to build single family homes or condos Dan's answer was single family homes Joel asked what price range we would be selling the homes for. Dan's answer was it would depend on the market at the time of sales Joel also asked for a mini version of the preliminary plat be mailed to him for his records. This was put in the mail to him on 9-13-12. George Watson's only concern was that he doesn't like the 2 story homes to block his view. Dan's response was if any 2 story homes were built, they would be far enough away to not totally block his view. Karl Schneemayer had an issued with it not being a "60+ community", although he does want the development to help clean up the area. Dan's response was that a majority of the people may be retired and that as it is a gated community, most of the activity would be inside. Betty Schneemayer wanted to know if the homes would be made with stucco Dan's response was, yes The meeting concluded with no other questions, but they were encouraged to attend the public hearing to learn more about rezoning of this property. P Z-3 -- I 2 / SD -2.-- I2. A PROPOSAL TO REZONE. AND PLAT A 15 -ACRE PROPERTY AT "THE S. E. CORNIER OF ROUNDUP AND MAIN FOR 105 -LOT SUBDIVISION TO BE CALLED "STAG►'-CO CH TRAMLS" 1SY WILT PAD KAUFM K. RO , . U - 111IN4* ' Irr .. 0 611 I 04,1ev a �G s3o hII • OGR t .. . .• Amin 5930 . • • . f Fr •Or CR3/PD o I I IRO1�IWOOD TRAILS 1 SUNIVISIoN 1 edI • •... L� REET I r/r TRAILS END M.H.P i 29 'TH o m o c-3/PD . 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Main St., Suite 141 scc` 1202a Mesa, AZ 85201 mt[ mooccr 120e06 TYPICAL PLOT PLAN ME"""E Pro- Ph (480) 350-9590 PLAN 1303 SHEET Fax: (480) 350-9486 1 OF 1 E—Mail. dmengineeringOgwest.net STAGECOACH TRAILS COMMUNITY AMENITIES ti0'�ti 00� � Clubhouse with 1,604 sq ft under roof Big screen TV Work out equipment Full kitchen for community events Pool Shower Restrooms Outdoor patio furniture BBQ grill Sand tot lot Fenced dog-park with seating and dog waste collection station On and off street parking at clubhouse / pool area Retention areas will have walking paths for easy access to recreation amenities 40, _des- r { *, 1 ...co wt•X,ur.a.. .at.WM D�al••i.aea �V1 a.w4, "M•;.•We AO to1 pa,aa ar trtlp OwM�.wn �f '�,} i.le••p.•ii.a'e e .wrtn rf M�:i �!•i'��p '�` anteiel•.raK �f a`r➢_��a`P` lt4 Il Mllll4,,lIl I ,.^^ ,N V• 11a11a■•Ira,akkl t... 1" ` j LA 1� 4 l.,a• •J,.1 n,Y WV�_•1•II;.I�I•�I.IM1iI.flat�•,fll�,i I..rr: :VOA*, 1• .I ip4 ••• _ ! ;1;01 � 1�4 ���'�R•tiv a� l .. .. . •j.•M�+� B , Rif�a I • FRONT ELEVATION'A' RIGI T ELCVATION .--3 r��� moo"sta«'a•.,^<OfoD or M"•P.4 NM•WK.... ,..hc»•cr1.•,w On.••N.l.• .a,kN.s t• IAdAA 11•L11�..111 f:M•RhW:amou:■ut 1.k ! ll.. 1 11 af�i�til ■.•at.11jl fA� �1 I.AJ-I/p1�4 ll.lf., I �lft kkklal � I� ili4lJ lR!/.a/�V �• a,. 1.Iq.ta!! laya,llsa Ijt 1•Il fi■!��... •11. l,ar■■i1t11 imil1 1! 1 ,11.a .1■iylW/,1.1 .L�^ �l. k.1 at I • I l•ll•r 'a Na, f.it.p..bak ttp v - !lelal.l 11 fll�!lI:• I11 1.1�ta.a tylA l.111 ;4I ;1�,11•f�I�!Isla"1.kl. LIa, k4/1ta1 ••,ta1a It.r 1.I.I�I.I.e• ,11�k11i 1� �a►y 1111 If ii:1:0 . 'al a■/,'r .�t�..a lti.i ,t t,I lkfV.L.1.1/Vf - ,•••I ...I.I.Ia! I WO..k11 ,.1� ��IAa11 �.111I.'.. ■• iI w •■ • ■af — ....- al •1112 REAR ELEVATION LEFT ELEVATION ■ f • tv1,1 .OJ nal •K .ter 1 rr 11. .. W. is .l i ....r, 4gt p '•',' i xF k a 1 S F 1 s '�.'at S x y ,. Ait Ai /. M� ��1.\ref �� I ` M u x 0' 60 gg • • • :4 i 1 • F ; MI Pb�.. _ r ` r ! 1,1. .Y�. 11-1 � � t} I,w :l t. N?Dip-1 �. 1 STAGECOACH TRAILS CLUBHOUSE ) PER MINIMUMS ON SP-2-\ SEE SP-2 FOR lo LAYOUT o e o o e o 0 0 o 0 o\ e • o e o o e o e o 0 Goo e o 0 0 HOSE BIBS BY OTHERS SO MCA (// 0 o Y CAN BE MASHED SE MITH A 5O'HOW. 9 ✓T BIBB TO HAVE A AT}'IOSPiIG ° VACUUM BREAKER. ® • _ ,r400 H hfARK TYP I . ____, 0 0 Y1ATT 3414,0 ® � o oT r!rlb o �� ,N , FTfiUf1E 4 • o • /' �/; HANDRAIL 31' y`, �' POOL/SPA @�R6@1GY ° (—� ° 2 RDYS OF HIGHLY SHUT OFF WWI Z a ° �* STEP TRIM / 0 500 MATT QUARTZ U O 0 * 'LOOP LRSHTS 0) Q ° ao :'o,. TYPICAL BY OTHERS O a • VP / Trot POOL AREA Li6HTINS OW C (.S.1 ° R STEPS. x0 HAcl-GAP • SAFETY EQUIPMENT NO DIVE' . LIFT SLEEVE 0 1rtARKER SELF GL0SIN5 SELF E"I .. IYPIGAL �� LATCHRIB NROUCHT 0cri • IRON PENCE Fat ) . MINRRIMS ON SP 1 0 • 0 0 0 0 0 0 1111111111iiiiEii 0 o a o 0 0 0 0 0 0 • • A., o- o a o 0 0CT e0/2 ROLL CALL VOTE NOTES ,„, 7,)(y0,0' ,,., 1 i I (A 1( v Ity ITEM # \ MEETING OF 6/ AY'-j MOTION BY SECONDED BY: V 1`� YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY ✓ COUNCILMEMBER BARKER J COUNCILMEMBER WILSON I VICE MAYOR DIETZ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Ano., Ask R L CALL E G NOTES: �,� v )1'C\ - . l'41 U" 71 .1 i (ITEM # - MEETINd OF � I \\V'rj '\.) MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR DIETZ COUNCILMEMBER EVANS / COUNCILMEMBER WILSON COUNCILMEMBER WALDRON J COUNCILMEMBER BARKER IA MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL '\./ ITEM NO. 8 I MOVE THAT ORDINANCE NO 1387 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED (Call upon the city clerk to read Ordinance No 1387 by title only. Majority vote required.) I MOVE THAT ORDINANCE NO. 1387,AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR (BE DENIED) I MOVE THAT ORDINANCE NO. 1387,AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS. PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 12-36, CASE SD-2-12, A PRELIMINARY SUBDIVISION PLAT REQUEST BY GLEN A. WILT JR., REPRESENTED BY DAN KAUFMAN, FOR A PROPOSED 105-LOT, SINGLE-FAMILY HOMES SUBDIVISION WITH PRIVATE STREETS AND RESIDENT AMENITIES, TO BE CALLED "STAGECOACH TRAILS". 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item9 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion9 7. Call for a motion. 8. Call for a second. 9. Roll call vote. O pp i,Ck Lys o Go of Apache junction Home of the Superstition Mountains 4 rzoNt' Print TO: City Manager's Office FROM: Rudy Esquivias, Senior Planner/Zoning Admin. DATE• November 6, 2012 agenda Type : Regular Agenda Council Priority Focus Area. Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO. 12-36, CASE SD-2-12, A PRELIMINARY SUBDIVISION PLAT REQUEST BY GLEN A. WILT JR , REPRESENTED BY DAN KAUFMAN, FOR A PROPOSED 105-LOT, SINGLE-FAMILY HOMES SUBDIVISION WITH PRIVATE STREETS AND RESIDENT AMENITIES, TO BE CALLED "STAGECOACH TRAILS" ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION Resolution No 12-36 proposes to approve the preliminary plat for the Stagecoach Trails Subdivision with conditions, and in accordance with the planned development rezoning request approved by Ordinance No. 1387. This request accompanies case PZ-3-12 and can only be approved subject to approval of PZ-3-12 (Ordinance No 1387) FISCAL IMPACT. Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION: The Planning and Zoning Commission recommended approval of the pre-plat request by a vote of 5 to 1, with conditions. ATTACHMENTS: Click to download t3 Draft Resolution No 12-36 RESOLUTION NO. 12-36 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY SUBDIVISION PLAT FOR THE "STAGECOACH TRAILS" SUBDIVISION, IN CASE SD-2-12, BY GLEN A WILT JR. , REPRESENTED BY DAN KAUFMAN. WHEREAS, the subdivider in Case SD-2-12 proposes to subdivide Pinal County Assessor Parcel Numbers 100-35-022, 100- 35-027 and 100-35-030, approximately 15 gross acres, into 105 residential lots for single-family homes, pursuant to Arizona Revised Statutes ("A R. S . ") Title 9, Chapter 4, Article 6.2, and pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-15-6, CR-3 Single-Family Residence Zone, Article 1-19 Planned Development Zoning District, and Chapter 2, Subdivision Regulations, and WHEREAS, on September 25, 2012, the Planning and Zoning Commission held a public hearing regarding the preliminary plat for Case SD-2-12 and recommended approval of Case SD-2-12 by a vote of 5-1, with conditions; and WHEREAS, on November 6, 2012, the Mayor and City Council of the City of Apache Junction approved Ordinance No. 1387 which approved a new rezoning and Planned Development plan for the CR- 3/PD (Conventional Single-family Homes by Planned Development) - zoned property; and WHEREAS, this Council finds this preliminary subdivision plat to be in compliance with the Apache Junction City Code, ^ Volume II, Land Development Code, Chapter 1, Zoning Ordinance and Chapter 2, Subdivision Regulations, and Ordinance No 1387, which approved the rezoning and the Planned Development concept plan for the property; and WHEREAS, the property is legally described as follows • The North half of the West half of the North half of the East half of the South half of the Southeast quarter of Section 18, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Pinal County Parcel #100-35-022) ; and RESOLUTION NO. 12-36 PAGE 1 OF 3 The South half of the West half of the North half of the East half of the South half of the Southeast quarter of Section 18, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Pinal County Parcel #100-35-027) ; and The North half of the West half of the South half of AN the East half of the South half of the Southeast quarter of Section 18, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Pinal County Parcel #100-35-030) NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that • The preliminary subdivision plat for "Stagecoach Trails" Subdivision, Case SD-2-12, is approved subject to the following conditions : 1) All conditions of approval for the CR-3/PD-zoned property as approved pursuant to planned development rezoning case PZ-3-12 shall govern the design and subsequent improvements of the Final Subdivision Plat. 2) Within one year of Preliminary Subdivision Plat approval, the developers shall submit for formal review, the Final Subdivision Plat and improvement plans for the proposed subdivision. 3) Street improvements along N Main Drive from Superstition Boulevard to Roundup Street, including but not limited to, the extension of pavement and the provision of sidewalks, curbs, gutters, streetlights, fire hydrants, landscaping, etc , shall be designed and constructed according to the City of Apache Junction Engineering Guidelines Additional off-site improvements along the property' s W. Roundup Street frontage shall also be provided subject to the City Engineer' s determination at the time of final subdivision plat and improvement plans submittal . 4) The Conditions, Covenants and Restrictions for Stagecoach Trails shall also include provisions to address the following: prohibitions on owners using garages for RESOLUTION NO. 12-36 PAGE 2 OF 3 personal storage to the extent that two normal passenger vehicles cannot be accommodated in them at all times; establishing a uniform system for garbage pick-up and mail- delivery; and specifying that the homeowners association is responsible for the maintenance and upkeep of the internal .. private streets, the common areas and the fencing and landscape improvements both internal and along the outside perimeter of the subdivision. 5) The developer shall work with and coordinate separately with all known utility companies which serve Apache Junction, to relinquish the 33' and 66' wide utility easements in the existing W. Greasewood Street and N. Saguaro Drive federal patented easements, prior to or upon final plat approval . The City shall relinquish its rights to said easements for roadway purposes upon approval of the final subdivision plat PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 . SIGNED AND ATTESTED TO THIS DAY OF 2012 . JOHN S INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM RICHARD J. STERN City Attorney RESOLUTION NO. 12-36 PAGE 3 OF 3 ROLL CALL VOTE NOTES: U V (7\ 1 i0 ITEM # MEETIN ex F \ 6\jd'i MOTION BY: SECONDED BY V" YES NO ABSTAINED COUNCILMEMBER BARKER I COUNCILMEMBER WALDRON J COUNCILMEMBER WILSON t/ COUNCILMEMBER EVANS ✓ VICE MAYOR DIETZ ii COUNCILMEMBER SERDY J MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL 1A04,43., iv t � A ,I , l' 3 Bedroom 2 Bath Plan 1303 iL Approx. 1 ,303 sq ft P- c +sri�NsrN .� Nr/N l Nre•kr.tr ..rA.drisr.rMar MS.6araii. 9.4701/ArylAlldl/IAU1 StR�' `'*....� _.,vBd�e0:409,45104A✓.al'.f�l�4t!/!/l/i�!/Vd40iJl . M :., "" ,�••,,,,,.• Why;',„ SSt1rH E?T1 ELEVATION A 1 oof".Tayl.F 1 R' iSJ..J s aF iuLry a1' a'°H" rr 't..E,k s. ,4yp.*,sz"Fr1.41.4f 0.0.R.er z,. ediJf -far.) -. .�r .1�i.E .fi+r� �s2rfm2''��.Y/�.'1+1.,P�frd.?• ..��i_+�r�' • _ n h'.+ `wr .t!' s ��03%.044.0j J".-.41431'[i�'f Wext.."2.e„ -_ '3 1 —_ —w [ r. s 14 ... ,,,„0_... 1 I1WhF[ 1LLLL a .5 a _.t .t .��.y. ELEVATION B ye'µ �,4�.-r-SET . f IYT '.'rr. �'�'-�ti r r. sT r l -74rr'I ‘aI,'M, 4-,...- -470,7. ,.'',r.•.!1 ....*".-- • W"-,'",',':' ,,'..4 , ,'-.7,4L F 11,,1,,t,i,.,rr,sl,o,ar,,,rvi.4c,c2,,.;-/,-r,4,r,-4-i411ll4(,7, : i -y '`aN y ;.' >T ! Srs, }I1pot..5.} '�' X-.ry 0:,r �•!r _tqTPll it.23e ilemill I111 twronagirsaa......f 11 I ,''''' . iA 4ll tit 4iii ELEVATION C :„-Aqrhwtw:,mfvtgtoaibmg;ggot4aRgrg,7AT -re"ir:',-2-2rr—v-a7:7-,-04,-...-lifr:- 1:- n34164gftiiig vottia, , 'Ifixte.P . :.191;...„. wa.p...4,,,Ts:,i43: ,!..-.A' t . ,...,,..,7 ' -A 1 i:,1 i=''''' ' 4 t. -' ,fi'l!,.‘,;.,i,e..,..4---1".'• MAVWFVAIMIAC.*PAQ0 1414:1'41.1i.''''''''..14"'"i gTAcEto Ap ti 3 Bedroom _ , . L ,..,-.. _,:_- 2 Bath Ran 1303 , i , , , , Approx. 1 ,303 sq ft aPTCDVEAiDINM103 [.--- BEDROOM 2 MASTER SUITE , , . ... CLOSIT DINING ROOM . . L-71AA'ASTER BAN '-' I , eAlli ki' -Afitmk -Iii ° BEDROOM 3 ,..-- 0., ,..---," WIC I OPT DEN -.,..i 2 / , $ KITCHEN 17: I ' [ i I LAUNDRY.„." " __ .. . .. .\. 2 CAR GARAGE . . ,h4Limodi. • kt'' Li- z 1 1.....1 :Gy• • bl—7:1 IL LIVING ROOM 4 - - Ef4TRY 17: , MOM L5PCII ST - . • .-- D.COMM PORCH ,,Pf 2 Ecrth.W.cr 7.2.0AM ot012..5.2'..M 6&'7.011.Y • u.r.4•1x2P,64.1.4 i.',C4•444'.,f u,42/2 go.21F1.; ..._ _ . . . . . . . •,. . . , ra,..,.cwi..1 ••';.,i!,-;„70:2; .. 14.;.1.;,4',:i. 2.:c'A*2::';:,4-.457'..., • ' ' 'L '.'. . ., , - ,.: .. : . ,', : .-, :.- .,_‘,. ,._,' : , ..' :. '': '•: ' www KauffmanHomes.com , 1 .y., Syvr* r7 -d?!?? rp 7 ✓3 r7.w, 9 ar. 9' +'36+"" . .1 ,� 'E }�+ .y jf' aF9 Fl 'j � d i''l.' ,s.n ; ... r_ 'rx _i t 9 ��77. F;ll�� ,i x ''ice - S r GE, CH 3 Bedroom 2 Bath Plan 1229 TRaiLgApprox: 1 ,2,E sq ft 'sfd +r .srt,V iler'gd".,'.: " �r'T t tz.1 -t s • x.a r,. . �' , yri,is �'.tr-��.- �,."�j'y�iz #t�s:YsO 4: w_ 7 • • " , 4 1 . -; p., .,,,,, 7-,, -,...., , . .r- f.1-,,, A,-',41.' ....gi ' 'r'P.r .' ...`• t. L ...ica7' ELEVATION A " '� " L."1. a ti . + •tea aI ai .. a_�•I=,,1I1. I � '�' s+,, s,. !. .NHr 0. aLz+ :5 � .I = ti .. the �s� EI 1 . _ f t. g -_ ,-s �` x .., ,. ELEVATION B :..,v i n ». '' M Ia/1 :��- awswsa .t. i, ,yr •4 ..yr--,.y-,,e• � s�. s r,r,.,a t9 - ���lN a 4r^r �'. „ a cut $. FQ �x L f ELEVATION C _ • ,s» `GE C 3 Bedroom 2 Bath Ian 1 229 ,'` i ,. Approx 1 25. sq fi i , ._. OPTIONAL MASTER cEDROGt1 8R 3 /DEN COVERED 144 X C-3 - 9-0 X'0•l PATIO i4 aaXnm I alt,:. .1). I. :E ----)....E. aCeET 1 rj—"''''"..'----ur 1 I� M. GAT FC 2 u-m X Ism /il Qi d �__, 1 1 -J C -....... �— LAW RY --r- , L. 1 1 KITCUEN I.; a Lea' 1 GARAGE 9 0 X 443 • EV-ro' _ E i ,,,,,,, , , K 'ems ��^ . . , 11-(1-I OTE/D COMG1 DDT. t-- f COVERED ILIENTRr POD! OPTIONAL 1COVED PORLN --_. QI'017 444fL DDOl4JI f AV! • �_ ` rr - I I + 1 1 1 L--., C rOI I4Mg CeQr111 12 Vi --i 1 , TR4t e.4, „„. v . . % , , ,,,,,,.4,.. :•••,4.; '''' • 1,786 square feet, 3 bedrooms, 2X bathrooms t I1VA1 ION A t y ,Y a' Y r t..t• 1 r a fi Ili; ;-. 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Pad l 6 1 t IGarage Living Room Second Floor bsAl Main Floor • ■ a I Opt Deck B Opt Deck A Opt Deck C V C Opt Doer Master Bath Master Opt, WIC Suite Double /,.., ® COVan*, ',di' eS-c Opt.built in entertainment center Opt built In entertainment center 6 fireplace ii-= Bath Bedroom 2 A i_J Z ' ' r— Utllity Dwsit DoO < 0 Vanity llnm \_ — —R'-- Opt. Desk ■ a o I i » Bedroom 3 Bedroom 4 t Opt Patio B Opt Patio C 61 opr. Opt Patio 1 Der. L. '' I Opt.Island L 1 Dining aKitchen !, 1 Family om I `---}--_ a . , ((��!J co.r ^ Opt.Loft Opt Den _^ . Opr.Ent.cenrer 7. MI Storage _ 1 * O?LB:an Door V • Living Garage Room Options-Second Floor �� _- L__i! 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Balcony Master Suite a Opt 2'Garage Extension ki_ it Opt 4'Garage Extension ii { Options- Main Floor Options- Second Floor Plans and elevationsare an artist's conception only and should not be relied upon as a repre- sentation or a completed house The actual home as constructed may or may not contain the features and layouts depicted Floorplans, elevations, features and related information, and information concerning the pricing and availability of our homes, are subject to change without notice Drawings shown are not to scale 1,045 square feet, 2 bedrooms, 2 bathrooms f I.L VAT ION A r a. ,y l .. i4 dfr .�•�, 1t c ,r ale F..,,,, ., �r iA' �r p�Cej�'a ,, >} .. - r `{ 'vIT n w ,t ° .•' c a":4t, . .>,_ �r�� 1 , �A o'�i'rF F t..` s.a 11,..4" • •+, �q�, -� .4 t 1,--1/,,,, -,et. d ,{ t � . \t rr}(s i<•r ,)t,.f iti{a .,T,�*.4.'55'.,, ` ,,.'4,r Ay i i 3 f � 4, a I. rt,r «s`''1+1: 40.0' � � 1*Sw�w,f'., ��otif t '�[ 7 r,�€#` } �'�',�+ ��t' •����'�t+Ftit?.d 14-ra; • 'ek S"f r`�.r :, fi fir,Ak Ln e d x s -E ,�o'M tr f "+ trA� I A A '. r+ $ , 1 'S rlP e1' m �'u r4f.: + .;', y� 1�r) 6N ?{ -fw ,r11�1, � �,,r,, 3t,'�i�4y ',tor.'7 ;,. ryP k + + � �. yf cgs h v �{ f4tK3 1} .' 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Kauffman Homes 1 .. ... „ GE' it gT,4 R. Au ;N . lig` 1,665 square feet, 3 bedrooms, 2i4 bathrooms, 2 car garage 22! CP_fia1 " '0' 0 pt Mstr Bath Bedroom$2 Bath i WIC Arch , I II I �,, ® -y---I.£ 11 '-— 8 Covered Patio Master Suite Dining Room p Kitchentr, linen 1! WIC �� T"— Bedroom#3 T 11 aT airy WIC Laundry war- 1 Great Room I, NO r"_--tom_,- tQl I PAD 0 Garage 0 Porch NI Opt CID Opt Mo Via® 0 Bedroom#2 01 Arch ed mBath WIC ==-= ® 1 on Master Suite , linen WIC Opt 2nd Bath Shower opt.Master Bath Shower - Bedroom N3 . T ® WIC IQ /l-00Mstr Bath 2411 �1.--,1oBath Optional B'Bay Window ® Optional Door CI Optional Slider/Patio I. -r-, t t it i'„ Covered Patio P. Kitchen r Dining Room ., r ___._ , , ,_ Opt. Storag/e� Opt Man Door with pad ; Laundry dr- Great Room Opt.Laundry5inki ' -�' �1 (") A/C PAD O 1 Ni Optional Garage Man Door w/Pad g s" • Porch Plans and elevationsare an artist's conception only and should not be relied upon as a repre- sentation of a completed house. The actual home as constructed may or may not contain the features and layouts depicted.Floorplans, elevations, features and related information, optional ,...... and information concerning the pacing and 2'Garage Eel II__r ,__!! availability of our homes, are subject to Optional ii r, change without notice Drawings shown are 4'GarageExt t_'__r I=='I not to scale O 0 Sec®�®goo®®eodmee E78 ��ar] g r Fi Lp� e Rg c j[i 7E p qp Z �� xp8= z8= �1 m�g� " T �) }y�SK� �►G TT� � g 3 �� I L5�2 Tp, €4;; 44�RRR4 R44R4lR4R44� �4 4 L � Y iF7 �y>m� ' � z 1 II, - `_-- ---_ ---- ----- ----- ------ ----- ----- ----7- -- - -- 1 i i W I AI I of I a I N I j j. 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WILT JR, REPRESENTED BY DAN KAUFMAN, (BE APPROVED) OR(BE DENIED) PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1386, EXEMPTING ART FROM THE PUBLIC PROCUREMENT CODE. 2. Will CITY ATTORNEY JOEL STERN speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. ij ACit • • zh CIO of Apache junclion Home of tI ' Superstition Mountains .+or oto4 Print TO: City Manager's Office FROM: Joel Stern, City Attorney DATE: November 6, 2012 +genda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: DISCUSSION AND CONSIDERATION OF PROPOSED ORDINANCE NO 1386 EXEMPTING ART FROM THE PUBLIC PROCUREMENT CODE ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: This is follow-up action from council's September 4, 2012 direction to the city attorney, to prepare an amendment which eliminates public art acquisition from procurement requirements under City Code Vol. I, Article 3-7. A city manager created committee is now tasked with recommending to council public art issues and the use of grant money and donations, in addition to public funds to acquire public art. Greater flexibility beyond cost is needed in selecting unique pieces of art. Ordinance No 1386 accomplishes this goal FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Discussion only ATTACHMENTS: Click to download U Staff Report D Ordinance No. 1386 U revised code INTEROFFICE MEMO OFFICE OF THE CITY ATTORNEY TO- Honorable Mayor and DATE. October 3, 2012 Members of the City Council FROM: R. Joel Stern City Attorney SUBJECT: PROPOSED EXEMPTION FOR ART PURCHASES FROM PROCUREMENT CODE; OUR FILE NO. 12-069 Recently there has been community interest in acquiring and placing public art in conspicuous locations along Apache Trail. Pursuant to Article 3-7 of the City Code, Vol. I, works of art must be publicly bid to ensure the lowest responsive and responsible bidder is selected. On August 20, 2012, the Mayor and City Council authorized the City Manager to create a committee to recommend to council public art acquisitions and placements. This committee may also make recommendations to utilize grant money, donations and public funds to select, purchase and acquire unique pieces of art for public viewing. To enhance the success of this committee, staff recommends changes to the procurement regulations. Aside from cost, art should be judged on relevance to the community, visual appeal, anticipated longevity, and ability to be viewed and enjoyed by the community within public places. On September 4, 2012, the Mayor and City Council directed the City Attorney to draft necessary changes to the procurement code. This code amendment (proposed Ordinance No. 1386) will protect and preserve the cultural heritage of the community by allowing other factors to be considered instead of just cost. Attached is a redline of the proposed code change. R. Joel Stern City Attorney Attachment § 3-7-4 EXEMPTIONS. (A) Professional services Unless otherwise required by Council,provisions of this article shall not apply to the following types of professional services appraisal,architectural,certified public accountant,clergy,dental,employment,engineering,financial, legal,medical,nursing,physician,psychologist,surveying,technological,veterinarian and any healthcare related affiliations (B) License and maintenance agreements Unless otherwise required by Council,license and maintenance agreements are exempted from this article (C) Materials and equipment valued less than$1,000 The provisions of this article do not apply to materials and equipment valued at less than$1,000 (D) Library materials exemption The City of Apache Junction Public Library shall not be required to use the competitive bidding process as set forth in this article for the purchases of audiovisual materials,books,periodicals and subscriptions (E) Public works projects exemption (1) Public buildings Any building,structure,addition or alteration thereto contemplated on city property constructed with the use of the city's regularly employed personnel or contractors in an amount up to and including$100,000(excluding materials and equipment previously acquired by bid)does not require Mayor and Council approval (2) Public infrastructure Any street,road,bridge,water or sewer work other than a water or sewer treatment plant or building,constructed with the use of the city's regularly employed personnel or contractors in an amount up to and including $100,000(excluding materials and equipment previously acquired by bid)does not require Mayor and Council approval (3) Public Art-Any painting,sculpture,mural,monument,memorial,fountain,civic statuary,that has been planned and executed with the specific intention of being sited or staged in the physical public domain including on any city properly and on any city easements,accessible to the viewing public for the purpose of defining a sense of place for residents and/or to enhance tourism and historical and cultural awareness of the community (F) Single source procurement Materials,supplies and services may be procured without competition if the City Manager or his or her designee determines the needed materials,supplies or services are available from only 1 source and only when proven by city staff that the advantages and overriding considerations are paramount to the city's interests (G) Emergency purchases The City Manager or his or her designee may authorize city staff to make emergency purchases without competition if (1) There exists a threat to public health welfare or safety(including but not limited to damaged city property causing such threat without repair,replacement or substitute), (2) If a situation exists which makes compliance with the procurement process contrary to the public interest, (3) There is immediate need to prepare for national or local defense or assistance, (4) There is a breakdown in machinery or in an essential service which requires the immediate purchase of equipment, supplies or services to protect the public health,welfare or safety or (5) An essential departmental operation effecting the public health,welfare and safety would be greatly hampered if the prescribed procurement procedure would cause an undue delay in obtaining the needed item or service (H) Alternative bid procedure When deemed to be in the best interest of the city,supplies,materials and equipment and services not otherwise exempted herein may be purchased pursuant to specifications,solicitation or contracts issued by other local, state or federal governmental entities or through the state bid procurement lists or by quasi governmental units or school districts which have used procurement procedures that are equal to or stricter than the provisions set forth herein In such instances the requirement for the city to obtain sealed or written bids or to contact prospective suppliers from bidder lists or to publish or post notices regarding bids is not required ORDINANCE NO. 1386 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOL. I, CHAPTER 3, ADMINISTRATION, ARTICLE 3-7, PROCUREMENT PROCEDURE, SECTION 3-7-4 (E) , PUBLIC WORKS PROJECTS EXEMPTIONS, BY ADDING A NEW SUBSECTION (3) , PUBLTC ART; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. Algrik WHEREAS, recently there has been community interest in acquisition and placement of public art in public places; and WHEREAS, Article 3-7 of the City Code, Vol . 1, requires city staff to publicly procure works of art so that the lowest responsive and responsible bidder is selected; and WHEREAS, on August 20, 2012, the Mayor and City Council authorized the City Manager to create a committee to decide public art issues; and WHEREAS, the committee may recommend using grant money and donations, in addition to public funds to select, purchase or otherwise acquire unique pieces of art to be located in conspicuous public locations throughout the city, and WHEREAS, to enhance the success of the newly formed committee, staff recommends changes to the procurement regulations so that the City has greater flexibility in selecting unique pieces of art for public viewing, and WHEREAS, on September 4, 2012, the Mayor and City Council directed the City Attorney to draft the procurement code change; and WHEREAS, the Mayor and City Council further find the code amendment will protect and preserve the cultural heritage of the •••. community. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, as follows . SECTION I IN GENERAL Apache Junction City Code, Volume I, Chapter 3, Administration, Article 3-7, Procurement Procedure, Sec. 3-7-4, Public Work Projects Exemptions, is amended by adding the following subsection: 3 . Public Art - Any painting, sculpture, mural, monument, memorial, fountain, civic statuary, that has been planned and executed with the specific intention of being sited or staged in the physical public domain including on any city property and on ORDINANCE NO. 1386 PAGE 1 OF 2 Almik any city easements, accessible to the viewing public for the purpose of defining a sense of place for residents and/or to enhance tourism and historical and cultural awareness of the community. ,SFCTTON TI RFPFAT,TNC CONFTLT(`TINC; PROVTSTONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance, or any part of the code adopted herein Ada` by reference, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the Code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion thereof. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2012 SIGNED AND ATTESTED TO THIS DAY OF , 2012 John S . Insalaco Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J STERN City Attorney ORDINANCE NO 1386 PAGE 2 OF 2 AMENDMENT TO APACHE JUNCTION CITY CODE , VOLUME I , CHAPTER 3 , ADMINISTRATION, ARTICLE 3-7 , PROCUREMENT PROCEDURE Article 3-7 Procurement Procedure 3-7-1 Definitions 3-7-2 Procurements of $25,000 or more 3-7-3 Procurements less than $25,000 but at least $1 ,000 3-7-4 Exemptions 3-7-5 Bid Protests 3-7-6 Bid Disqualification 3-7-7 Change Orders 3-7-8 Conflicts of Interest and Penalties 3-7-9 Administrative Procedures 3-7-10 Disposal/Sale of Unclaimed, Lost, Forfeited, or Abandoned Property Sec 3-7-1 Definitions The words defined in this section shall have the meanings set forth :below whenever they appear in this article. A. Change Order: a written order signed by an authorized agent of the city which directs the contractor to make changes that are authorized by the changes clause of the original contract. B. Construction. the process of building, altering, repairing, improving or demolishing any public structure or building, or other public improvements to any public real property; construction does not include the routine operation, routine repair or routine maintenance of existing structures, buildings or public real property. C. Contract• a written agreement between the City and another party for the procurement of materials, supplies or services; the term includes but is not limited to: contracts of a fixed price, cost, cost plus, fixed fee; contracts providing for the issuance of job tasks, leases and rentals, excluding real estate; maintenance agreements ; letter contracts, and purchase orders. D. Lowest Responsive and Responsible Bidders - a person, firm or other entity that submits a bid. 1) which is the least amount compared to other bidders; 2) that responds to the invitation for bids in all material respects, and 3) which demonstrates the submitting party has the wherewithal to perform the work per the plans and specifications within the contract time, as determined by experience, skill, financial strength, integrity and experience record with the City and/or other municipalities. E. Manager or his or her designee: person(s) the City Manager selects in writing to implement or administer the provisions of this article F. Notice Inviting Bids ("NIB") : all documents, whether attached or incorporated by reference, which are used for soliciting bids in accordance with the procedures prescribed herein, including request for proposals ("RFPs") and request for statement of qualifications ("RFSOQ") . G Procurement• the purchasing, sale of, renting, leasing or otherwise obtaining of any materials, supplies or services . H Services • the furnishing of labor, time or effort. Sec. 3-7-2 Procurements of $25,000 or more Except as otherwise provided herein, purchases, leases, rentals and contracts for supplies, services, equipment and materials and the sale of personal property of twenty-five thousand dollars ($25,000. 00) or more in estimated value, shall be made by written contract with the lowest responsive and responsible bidder, pursuant to the following provisions - A. NIB. A NIB shall: 1) include a description of the articles to be purchased or sold, 2) state where NIB forms and specifications may be obtained; and 3) state the date, time and place for opening bids A NIB shall be published at least ten (10) calendar days before the date of opening the bids Pursuant to A.R. S . Section 39-204 , publication should be made in a newspaper as follows - 1) if the newspaper is a weekly, publication must occur once each week for two consecutive weeks; or 2) if the newspaper is a daily, publication shall be made on four consecutive days . B. Bidder' s Security. When deemed necessary by the manager or his or her designee, bidder' s security may be prescribed in the NIB. Unsuccessful bidders shall be entitled to returned bid security. A successful bidder shall forfeit their bid security upon refusal or failure to execute the contract within the time specified, dating from award of contract date, unless the city is responsible for the delay The council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsive and responsible bidder. C. Bid Opening Procedure• Sealed bids shall be submitted to the manager' s designee and the bid number and project title shall be reflected on the envelope. Bids shall be opened in public at the date, time and place stated in the public notice. A tabulation of all bids received shall be available to the public for inspection during regular business hours for a period of time as prescribed under Arizona law. After bid opening, no corrections in bid prices or other provisions of bids prejudicial to the best interest of the City or fair competition shall be permitted. Late bids will be returned unopened to bidders who fail to file their bids in a timely manner. D. Bid Rejection: At its discretion, the council may reject any and all bids . E. Award of Contracts. Based on the bid opening, council shall award the contract to the lowest responsive and responsible bidder for purchases, leases, or rental contracts for supplies, services, equipment, or sale of personal property, or professional services which are valued at twenty-five thousand dollars ($25, 000 . 00) or more In awarding the contract, council shall be advised of and shall consider the advantages or disadvantages of the proposed purchases, leases, rentals, contracts or sales as presented by the manager or his or her designee. F. Payment and Performance Bonds : The council shall have the authority to require a payment and performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interests of the city, and if the council requires a payment and performance bond, the form and amount shall be described in the NIB. Bonding shall not be required for contracts under twenty five thousand dollars ($25,000 00) . Sec. 3-•7-3 Procurements less than $25, 000 but at least $1,000 Purchases , leases, rentals and contracts for supplies, services , equipment, materials, professional services and the sale of personal property of an estimated value in the amount of one thousand dollars ($1,000. 00) or more but less than twenty- five thousand dollars ($25,000 . 00) , may be made by the manager or his or her designee in the open market by observing the procedure for inviting and publishing bids with the following exception• Open market purchases shall, wherever possible, be based on at least three written bids, and shall be awarded to the lowest responsive and responsible bidder. Sec. 3-7-4 Exemptions The following are exempted from the provisions of this article: A. Professional Services : appraisal, architectural, certified public accountant, clergy, dental, employment and recruiting, engineering, financial, legal, medical, nursing, physician, psychologist, surveying, technological, veterinarian, and any healthcare-related affiliations. B. License and Maintenance Agreements . C. Materials and Equipment Valued less than $1, 000. 00. D. Audiovisual materials, books, periodicals and subscriptions. E Public Buildings • Any building, structure, addition or alteration thereto contemplated on city property constructed with the use of the city' s regularly employed personnel or contractors in an amount up to and including one hundred thousand dollars ($100,000. 00) (excluding materials and equipment previously acquired by bid) does not require Mayor and City Council approval.F. Public Infrastructure: Any street, road, bridge, water or sewer work, other than a water or sewer treatment plant or building, constructed with the use of the city' s regularly employed personnel or contractors in an amount up to and including one hundred thousand dollars ($100 ,000 . 00) (excluding materials and equipment previously acquired by bid) does not require Mayor and City Council approval. G. Single Source Procurement: Materials, supplies, and services may be procured without competition if the manager or his or her designee determines the needed materials, supplies or services are available from only one source and only when proven by city staff that the advantages and overriding considerations are paramount to the . city' s interests. H. Emergency Purchases : The manager or his or her designee may authorize city staff to make emergency purchases without competition if• 1) there exists a threat to public health, welfare or safety (including but not limited to damaged city property causing such threat without repair, replacement or substitute) ; or 2) if a situation exists which makes compliance with the procurement process contrary to the public interest; or 3) there is immediate need to prepare for national or local defense or assistance; or 4) there is a breakdown in machinery or in an essential service which requires the immediate purchase of equipment, supplies or services to protect the public health, welfare or safety, or 5) an essential departmental operation effecting the public health, welfare and safety would be greatly hampered if the prescribed procurement procedure would cause an undue delay in obtaining the needed item or service. I. Alternative Bid Procedure: When deemed to be in the best interest of the city, supplies, materials and equipment and services not otherwise exempted herein, may be purchased pursuant to specifications, solicitation, or contracts issued by other local, state, or federal governmental entities or through the state bid procurement lists or by quasi governmental units or school districts which have used procurement procedures that are equal to or stricter than the provisions set forth herein. In such instances, the requirement for the city to obtain sealed or written bids or to contact prospective suppliers from bidder lists or to publish or post notices regarding bids is not required. Sec. 3-7-5 Bid Protests Any aggrieved person may protest any aspect of any bid solicitation by filing such protest at the City Clerk' s Office within five (5) calendar days after bid opening and shall include the following in such protest• name and address of protestor, bid description, grounds for protest to include all evidence, exhibits, or documents substantiating the protest. The City Clerk shall, within two (2) business days after receipt of the protest, forward such protest to the City Manager, who shall within five business days, notify the protestor or other interested parties of the time and place set for hearing on the protest. Interested parties may also file position statements and may participate in the hearing. The manager or his or her designee shall conduct the hearing within five (5) business days after sending the notice of the hearing to the protestor and/or interested parties, absent any stipulated continuances The manager or his or her designee, shall within five (5) business days after the hearing has been completed, issue a written opinion and send it by first class U. S. certified mail to the protestor and all interested parties Such decision shall be final. No protest may be recognized after award of contract by Council. Sec. 3-7-6 Bid Disqualification A. Grounds . The manager or his or her designee may disqualify any bidder from consideration of award of bid for materials, supplies, or services for up to thirty six (36) months. The following factors may be taken into consideration in making this determination: 1 . Conviction of any person or any subsidiary of affiliate of any person for commission of a criminal offense arising out of or obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. 2 . Conviction of any person or any subsidiary of affiliate of any person under any federal or state statute for theft, embezzlement, fraudulent schemes and artifices and practices, bid rigging, perjury, forgery, bribery, falsification or destruction of records recovering stolen property or other offenses indicating lack of business integrity or honesty which affects the responsibility as a city contractor. 3 . Conviction or civil judgment finding a violation of any person or any subsidiary or affiliate of any person under state or antitrust statutes 4 . Failure to pass any clearance or applicable background investigation in bids involving sensitive materials or tasks involving public safety 5. Failure to pay any transaction privilege taxes resulting from income received on public contracts. 6. Violation of contract provisions of a character which are deemed to be so serious as to justify disqualification, such as: 1) knowingly failing without good cause to perform in accordance with the specifications or within the time limits provided in the contract; and 2) failure to perform or unsatisfactorily perform in accordance with the terms of contract, except that failure to perform or unsatisfactorily perform caused by acts beyond the contract of the contractor shall not be considered a basis. B. The manager or his or her designee shall send written notice of the proposed disqualification, including the grounds and period of proposed disqualification to the disqualified party by first class U S certified mail from the address on the bid. The party shall have a right to a hearing before the manager or his or her designee if an appeal is filed within five (5) business days after the notice is sent. The manager or his or her designee shall provide notice of the hearing date and time to the disqualified party within five (5) business days after receipt of a Hearing Request The party shall have the opportunity to present evidence rebutting the reasons for disqualification. The manager or his or her designee shall decide the matter within five (5) business days of the hearing and shall notify the disqualified party within an additional five (5) business day period. Such decision shall be binding and final, subject only to a judicial appeal pursuant to A.R.S. Title 12 . Sec 3-7-7 Change Orders The manager or his or her designee may authorize change orders to any contract if the amount does not exceed ten percent (10%) of the cumulative amount of the contract and as long as the cumulative amount of the change order plus the original contract amount is less than $25,000. The council may exercise its authority to approve any change orders in any amount substantiated by staff Sec. 3-7-8 Conflicts of Interest and Penalties No city employee shall participate directly or indirectly in any procurement when the employee has a conflict of interest as defined in A.R. S Section 38-503. In addition, any person who violates this article could be subject to criminal penalties set forth in Article 1-8 of the City Code, as well as criminal and civil penalties set forth under state law. Sec. 3-7-9 Administrative Procedures The manager or his or her designee may promulgate administrative rules and regulations which more specifically delineates the responsibilities of procurement procedures pursuant to this article. Sec. 3-7-10 Disposal/Sale of Unclaimed, Lost, Forfeited, or Abandoned Property ROLL CALL VOTE NOTES: Q „SLI.,?/ .1)\3 ,,,,, . ,:\ t k,, ii, 0 \9V-V ITEM # \° iwi j MEETING O t MOTION BY SECONDED BY: YES NO ABSTAINED VICE MAYOR DIETZ COUNCILMEMBER WILSON / COUNCILMEMBER BARKER V COUNCILMEMBER SERDY I. COUNCILMEMBER EVANS COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL oak, (1) ROLL CALL VOTE NOTES Os' 1 ITEM # MEETING OF MOTION BY SECONDED BY04,0•J(.) YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY COUNCILMEMBER WALDRON I VICE MAYOR DIETZ V COUNCILMEMBER BARKER COUNCLMEMBER EVANS MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 10 I MOVE THAT ORDINANCE NO. 1386 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No 1386 by title only. Majority vote required.) I MOVE THAT ORDINANCE NO 1386, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR (BE DENIED). I MOVE THAT ORDINANCE NO. 1386, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS. l' c'v ACN �._ �'- Czt of Apache junction U____ Home of the Superstition Mountains I�'1ZON� Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: November 6, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Communication/Outreach TITLE OF AGENDA ITEM: CONSIDERATION OF FISCAL YEAR 2012-2013 PROFESSIONAL SERVICES AGREEMENTS WITH HUMAN SERVICE AGENCIES TO PROVIDE IN-CITY SERVICES IN THE TOTAL AMOUNT OF $85,000.00. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: At the November 5 Work Session, council discussed the possible funding for human services agencies as recommended by the Health and Human Services Commission. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES. 'ECOMMENDATION: Consideration and approval of agreements. ATTACHMENTS: Click to download No Attachments Available OCTOBER 31, 2012 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER FROM. KATHLEEN CONNELLY, CITY CLERK lkit/f SUBJECT AGENDA ITEM FOR NOVEMBER 5 WORK SESSION AND NOVEMBER 6 REGULAR MEETING (FY 2012-2013 HUMAN SERVICES FUNDING RECOMMENDATIONS) The Health & Human Services Commission, as required by City Code, met recently to discuss and review FY 2012-2013 human services funding requests, to interview qualified applicants and to formulate their recommendations to the City Council The commission opted to only interview representatives from Community Alliance Against Family Abuse (CAAFA). The city received applications from a total of five agencies in the following amounts: 1 Apache Junction Reach Out, Inc (Food Bank) $25,000 2 Boys & Girls Club 30,000 3 CAAFA 14,500 4 East Valley Adult Resources 30,000 5. Mountain Health and Wellness 23,000 Total $122,500 With the understanding that $85,000 had been allocated in the current fiscal year budget for human services funding, and based upon agency compliance with the requirements of City Code Article 2-14, their related human service agreements and their demonstrated ability to provide direct services to city residents, the commission members voted unanimously to make the following recommendations for FY 2012-2013: 1 Apache Junction Reach Out Food Bank-$25,000, with the stipulation that the funds be used to provide emergency food to city residents only and for utility costs to maintain the food and freezers at the Food Bank facility Quarterly reports must meet city requirements 2 Boys & Girls Club (Apache Junction Branch) - $8,000, with the stipulation that the funds be used for Project Learn, an educational enhancement program and for after school and intersession programs The funds must be spent on city residents only and quarterly reports must meet city requirements 3 Community Alliance Against Family Abuse - $14,000, with the stipulation that the funds be used for an intervention program for families affected by domestic abuse, to include empowerment sessions, legal advocacy services and general advocacy services The funds must be spent on city residents only and quarterly reports must meet city requirements 4 East Valley Adult Resources for the Apache Junction Senior Center- $26,000, with the stipulation that the funds be used to continue congregate meals at the Multi- Generational Center, transportation services to and from the center, grocery stores, medical appointments and for the home delivered meals program. All funds must be used for city residents only Quarterly reports must meet city requirements 5 Mountain Health and Wellness - $12,000 with the stipulation that the funds be used for client-related medication and psychiatric services such as psychiatric evaluation and medication monitoring The commission did not wish to fund other services such as rent or utility assistance, auto repairs, food, clothing, etc All funds must be used for city residents and quarterly reports must meet city requirements. Total of recommendations - $85,000. Provisions of standard human services contracts will remain in place to include the requirements that each agency designate a primary and secondary contact person and that their names/telephone numbers be provided to the city clerk; that all reports and other records submitted to the city be typed or prepared via word processor and be submitted in person or by first class mail; that handwritten records and reports are unacceptable, that the person assigned to completing and filing the quarterly reports be familiar with the terms and requirements of the agreement in order to avoid processing errors and delays, and that each agency be put on notice that the original purpose of the human services funding was to provide "start up" monies for human services agencies for programs and not to provide annual funding for an indefinite period of time Continual requests make it difficult for new agencies to also obtain funding Should any agency default in their contract, the unused funds may be distributed proportionately among the remaining agencies or, at the discretion of the city manager, be retained in the city general fund. These contracts also contain a provision regarding restrictions on political activities as is now included in all city agreements with nonprofit entities The commission also recommended that in the event of contract performance and compliance issues, that the city clerk be authorized to contact board members of the respected offices and make them aware of the problems Members of the Health and Human Services Commission will be present at the November 5 work session to answer your questions on these recommendations The contracts will be placed on the November 6 agenda as a New Business item at which time you can approve them or opt to continue them to a later date Attachments City Code Article 2-14 Funding Comparison Table ALP Page 30 of 42 EXHIBIT A ARTICLE 2. 14: REQUESTS FOR FINANCIAL ASSISTANCE Section 2-14-1 Requests for non-profit funding 2-14-2 Requests for financial assistance § 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following. A copy of the agency's most recent audit report, a certified copy of the agency's most recent financial statement, detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city, complete information on the source and amount of funding received from all other sources such as non- governmental agencies, membership fees and dues, and private contributions, client service information as it applies to residents of the city, proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by- laws and articles of incorporation, the source and amount of funding received from other governmental agencies; the names and addresses of current board members, and any other documentation as may be deemed necessary by the city. (B) Reporting requirements Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined simak in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract (C) Contract required,procedure for distribution of funds (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or http//www amlegai.com/nxt/gateway dll/Arizona/apachetunction_az/chapter2mayorcou... 11/2/2011 ALP Page 31 of 42 quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year (Ord. 659, passed 11-3-1996) § 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non- profit organization as qualified by the internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi-governmental jurisdictions; (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget, (C) All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission, (Prior Code, Art. 2-14) ARTICLE 2-15: INDUSTRIAL http //vwwvi amlegal corn/nxt/gateway dll/Arizona/apachejunction_az/chapter2mayorcou 11/2/2011 HEALTH AND HUMAN SERVICES FUNDING COMPARISON TABLE FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 AGENCY -06 -07 -08 -09 -10 -11 -12 -13 Apache Junction Reach Out Food 20,000 20,000 20,000 18,000 14,400 14,400 20,000 25,000 Bank, Inc 20,000 16,000 18,000 14,400 14,400 14,400 20,000 Boys and Girls Club of Apache Junction 37,500 37,500 36,800 30,000 30,000 20,000 30,000 30,000 20,000 18,000 20,000 12,800 11,000 13,600 8,000 Community Action Human Resources 10,000 8,000 8,000 8,000 8,000 NA NA NA Agency(CAHRA) 10,000 8,000 8,000 6,400 8,000 Community Alliance Against Family 10,000 NA 15,000 12,000 18,000 12,000 14,500 14,500 Abuse (CAAFA) 0 12,000 9,600 6,700 12,000 14,500 East Valley Adult Resources (for 52,000 48,000 40,000 43,000 40,000 30,000 30,000 30,000 Apache Junction Senior Center 40,000 32,000 30,000 24,000 24,900 24,000 25,000 Junior Achievement NA NA NA 5,000 5,000 NA NA NA 0 0 Salvation Army 18,000 10,000 10,000 NA NA NA NA NA 0 6,000 0 Mountain Health and Wellness NA NA 17,500 16,000 15,000 20,000 23,000 23,000 (formerly Superstition Mountain Mental 12,000 12,800 15,000 16,000 12,500 Health) United Food Bank NA NA NA 8,000 NA NA NA NA 0 AGREEMENT TO PROVIDE HEALTH AND HUMAN SERVICES FROM APACHE JUNCTION REACH OUT, INC THIS AGREEMENT is made and entered into this day of , 2012, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and APACHE JUNCTION REACH OUT, INC , a health and human services provider ("Services Provider") for the City's human services program. WHEREAS, pursuant to Apache Junction City Code("AJCC"), Volume I, Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs, and WHEREAS, the Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year 2012-2013, and WHEREAS, the Commission has submitted its recommendations to the City Council; and WHEREAS, on August 7, 2012 the City Council passed and adopted the 2012- 2013 Fiscal Year budget, which included funding for health and human services for specific health and human services providers; and WHEREAS, pursuant to AJCC Article 2-14 Requests for Financial Assistance, Section (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services to be provided to or work to be performed on behalf of the City of Apache Junction and its residents in compliance with the provisions of state law relating to the use of public funds. NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions set forth below. 1. SERVICES PROVIDER'S DUTIES Services Provider agrees to perform the following services in connection with the Program: A Provide for the emergency needs of City of Apache Junction residents through the provision of emergency food. B. Provide emergency food assistance to residents of the City of Apache Junction and only as documented by Services Provider. Page 1 of 8 C Require documentation of city residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification, current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction; for use or acceptance of any other form of identification obtain approval in advance from the City of Apache Junction City Clerk. D. Comply with all provisions of AJCC Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable City Ordinances; submit contract proposal for Fiscal Year 2013-14 to City on or before January 31, 2013. E File with the City all documentation for the previous quarter with City no later than ten (10) working days following the end of the quarter City funded services to individuals shall be identified by complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended; post office box addresses shall not meet the reporting requirements of this section, advise City in its report of the identification utilized (driver's license, utility bill, etc ), submit typed or word processor quality reports, maintain a separate list of city residents assisted by the program to include their name and address, designate one primary and one secondary person as Coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. All reports shall be delivered in person or sent via first class mail Reports sent by fax, email or other electronic means shall not be accepted The City Clerk will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision. Any funds not disbursed by Services Provider shall be reimbursed to City Any funds disbursed by Services Provider in violation of AJCC Article 2- 14 Requests for Financial Assistance or this agreement shall be reimbursed to City. F. File quarterly report and required documentation by the deadline set forth in Section E or risk disqualification for health and human services funding for Fiscal Year 2013-14 Any extensions or exceptions to the filing deadline must be granted by the City Clerk. Any such extensions or Page 2 of 8 exceptions must be requested in writing and granted in writing prior to the filing deadline. The maximum allowable extension will be five(5)working days. Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement G Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement H Services Provider's failure to fully meet the requirements of AJCC Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time during the term of this agreement shall result in termination of this Agreement. I Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors 2. COMPENSATION In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows. A A total of $25,000 for Fiscal Year 2012-2013 for services identified in Section 1, "Services Provider's Duties"for those services provided under Section 1, Subsection A, and for utility costs directly related to the operation of the Apache Junction Reach Out Inc facility located at 575 N. Idaho Road #702, Apache Junction, Arizona. B Compensation shall be in equal quarterly payments of $6,250.00 per quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in this agreement C Early release of program funding may be requested on a quarter-to- quarter basis Any such request shall be submitted in writing, on Services Provider's letterhead, and signed by both the local agency director and the president or vice president of the Services Provider's Board of Directors Early release of funding shall be at the discretion of the City and subject to Services Provider's compliance with the terms and conditions as set forth in this agreement. D The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time Page 3 of 8 E. In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Junction City Council, should any of the agencies receiving Fiscal Year 2012-13 funding be unable to meet the requirements of AJCC Article 2- 14 or the terms of their respective agreement, any unused funds shall be redistributed proportionately among the remaining agencies or, at the discretion of the city manager, be retained in the city general fund. 3. TERM. This Agreement shall be effective beginning July 1, 2012 through June 30, 2013, and shall remain in full force and effect for one fiscal year. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in Section 2 above 5 CITY'S STANDARD OF PERFORMANCE City shall furnish the Services Provider with all data, information and other supporting services as may be required 6 SERVICES PROVIDER'S STANDARD OF PERFORMANCE While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement 7 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 Kathleen Connelly City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider Apache Junction Reach Out, Inc Nick Kuzmich, Board President 575 North Idaho Road, #702 Apache Junction, AZ 85119 8 TERMINATION This Agreement may be terminated by either party for any reason upon fifteen (15) calendar days written notice If this Agreement is terminated, Services Provider shall be paid for services performed to the date of receipt of such termination notice In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination. Page 4 of 8 9. SUBCONTRACTORS. Services Provider shall, within ten (10)calendar days after the execution of this Agreement and before awarding any subcontract, furnish City with a list of proposed subcontractors, if any, and shall not employ any that City may object to for any reason Services Provider agrees that it is as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Services Provider. Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City 10 RECORDS Records of Services Provider'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. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 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. 12 UNCONTROLLABLE FORCES. City and Services Provider shall exert all efforts to perform their respective responsibilities under this Agreement However, neither party shall hold the other party responsible for inability to render timely performance if such inability is a direct result of a force beyond its control, including but not limited to the following- strikes, lockouts, embargoes, failure of carriers, inability to obtain transportation facilities, acts of God or the public enemy, or other events beyond the control of the other or the other's employees and agents 13. INDEMNIFICATION- Services Provider shall defend, indemnify, and hold City, its officers and employees harmless from any and all loss, damage, claim for damage, liability, expense, or cost, including attorney fees, which arise out of, or is in any way connected with the performance of work under this Agreement by Services Provider, or any of Services Provider's employees, agents or subcontractors, and from all claims by Services Provider's employees, subcontractors and agents for compensation for services rendered to Services Provider in the performance of this Agreement, notwithstanding that City may have benefited from their services. This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Services Provider or Services Provider's employees, subcontractors or agents This section shall survive the expiration or early termination of the Agreement. 14. WAIVER OF TERMS AND CONDITIONS. The failure of City or Services Provider 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. Page 5 of 8 15 INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor Service Provider'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 Services Provider. 16. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county 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 17, OWNERSHIP OF RECORDS AND REPORTS All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers. 18. LICENSE- Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a business tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement Any activity by subcontractors within the corporate city limits will invoke the same business tax regulation on any subcontractors, and the Services Provider ensures its subcontractors will obtain any required business tax license. 19 NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part Services Provider shall not assign any monies due to or 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 Services Provider 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, Page 6 of 8 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. 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, Services Provider 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 Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity The functions and activities of Services Provider 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 Services Provider 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written Page 7 of 8 SERVICES PROVIDER: APACHE JUNCTION REACH OUT, INC. By Title. Board President CITY OF APACHE JUNCTION, an Arizona municipal corporation John S Insalaco Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. CO /P4/ RICHARD J. STERN City Attorney Page 8 of 8 AGREEMENT TO PROVIDE HEALTH AND HUMAN SERVICES FROM BOYS & GIRLS CLUB OF THE EAST VALLEY- APACHE JUNCTION BRANCH THIS AGREEMENT is made and entered into this day of , 2012, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and BOYS & GIRLS CLUB OF THE EAST VALLEY - APACHE JUNCTION BRANCH, a health and human services provider("Services Provider"), for the City's human services program. WHEREAS, pursuant to Apache Junction City Code, ("AJCC")Volume I, Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs, and WHEREAS, the Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year 2012-2013; and WHEREAS, the Commission has submitted its recommendations to the City Council; and WHEREAS, on August 7, 2012, the City Council passed and adopted the 2012- 2013 Fiscal Year budget, which included funding for health and human services for specific health and human services providers; and WHEREAS, pursuant to AJCC Article 2-14 Requests for Financial Assistance, Section (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services to be provided to or work to be performed on behalf of the City of Apache Junction and its residents in compliance with the provisions of state law relating to the use of public funds. NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions set forth below 1. SERVICES PROVIDER'S DUTIES Services Provider agrees to perform the following services in connection with the Program A. Provide the Project Learn program to city residents as a means of educational enhancement. B. Provide such programs and activities to only residents of the City of Page 1 of 8 Apache Junction and only as documented by Services Provider. C. Require documentation of city residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification, current utility bill, showing an in-city address, current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction, for use or acceptance of any other form of identification, obtain approval in advance by the City of Apache Junction City Clerk D Comply with all provisions of AJCC Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable City Ordinances, submit contract proposal for Fiscal Year 2013-14 to City on or before January 31, 2013. E File with City all documentation for the previous quarter no later than ten (10) working days following the end of the quarter. City funded services to individuals shall be identified with complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended Post office box addresses shall not meet the reporting requirements of this section. Advise City in its report of the identification utilized (driver's license, utility bill, etc ), submit to City typed or word processor quality reports, maintain a separate list of city residents assisted by the program to include their name and address, designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing, with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement All reports shall be delivered in person or sent via first class mail. Reports sent by fax, email or other electronic means shall not be accepted. The City Clerk will prescribe the format in which such reports shall be prepared and submitted Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision Any funds not disbursed by Services Provider shall be reimbursed to City. Any funds disbursed by Services Provider in violation of AJCC Article 2-14 Requests for Financial Assistance or this agreement shall be reimbursed to City F File the quarterly report and required documentation by the deadline set forth in Section E or risk disqualification for health and human services funding for Fiscal Year 2013-14 Any extensions or exceptions to the Page 2 of 8 filing deadline must be granted by the City Clerk Any such extensions or exceptions must be requested in writing and granted in writing prior to the filing deadline The maximum allowable extension will be five(5)working days. Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement. G Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement H Service Provider's failure to meet the requirements of AJCC Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time shall result in the termination of this Agreement. I Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2 COMPENSATION. In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows. A A total of $8,000 for Fiscal Year 2012-2013 for services identified in Section 1, "Services Provider's Duties" B. Compensation shall be in equal quarterly payments of $2,000 00 per quarter No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in this agreement. C. Early release of program funding may be requested on a quarter-to- quarter basis. Any such request shall be submitted in writing, on Services Provider's letterhead, and signed by both the local agency director and the president or vice president of the Services Provider's Board of Directors. Early release of funding shall be at the discretion of City and subject to Services Provider's compliance with the terms and conditions as set forth in this agreement D. The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time. E In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Page 3 of 8 Junction City Council, should any of the agencies receiving Fiscal Year 2012-13 human services funding be unable to meet the requirements of AJCC Article 2-14 Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be redistributed proportionately among the remaining agencies or, at the discretion of the city manager, be retained in the city general fund 3. TERM. This Agreement shall be effective beginning July 1, 2012 through June 30, 2013, and shall remain in full force and effect for one fiscal year 4. SERVICES PROVIDER BILLING Services Provider shall bill City in the manner specified in Section 2 above 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required 6 SERVICES PROVIDER'S STANDARD OF PERFORMANCE While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7 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. Kathleen Connelly City Clerk City of Apache Junction - 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider. Boys & Girls Club of the East Valley Apache Junction Branch 1405 E. Guadalupe Road, Suite 4 Tempe, AZ 85283 8 TERMINATION: This Agreement may be terminated by either party for any reason upon fifteen (15) calendar days written notice If this Agreement is terminated, Services Providers shall be paid for services performed to the date of receipt of such termination notice In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination Page 4 of 8 9 SUBCONTRACTORS Services Provider shall, within ten (10) days after the execution of this Agreement and before awarding any subcontract, furnish City with a list of proposed subcontractors, if any, and shall not employ any that City may object to for any reason. Services Provider agrees that it is as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Services Provider Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City. 10 RECORDS. Records of Services Provider'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 Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours 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 Services Provider 12 UNCONTROLLABLE FORCES City and Services Provider shall exert all efforts to perform their respective responsibilities under this Agreement However, neither party shall hold the other party responsible for inability to render timely performance if such inability is a direct result of a force beyond its control, including but not limited to the following: strikes, lockouts, embargoes, failure of carriers, inability to obtain transportation facilities, acts of God or the public enemy, or other events beyond the control of the other or the other's employees and agents. 13 INDEMNIFICATION Services Provider shall defend, indemnify, and hold City, its officers and employees harmless from any and all loss, damage, claim for damage, liability, expense, or cost, including attorneys' fees, which arise out of, or is in any way connected with the performance of work under this Agreement by Services Provider, or any of Services Provider's employees, agents or subcontractors, and from all claims by Services Provider's employees, subcontractors and agents for compensation for services rendered to Services Provider in the performance of this Agreement, notwithstanding that City may have benefited from their services This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Services Provider or Services Provider's employees, subcontractors or agents. This section shall survive the expiration or early termination of the Agreement 14. WAIVER OF TERMS AND CONDITIONS The failure of City or Services Provider 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 Page 5 of 8 15 INDEPENDENT CONTRACTOR. Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor Services Provider'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 Services Provider. 16. GOVERNING LAW AND VENUE. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county 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. 17 OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers. 18 LICENSE• Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a business tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement. Any activity by subcontractors within the corporate city limits will invoke the same business tax regulation on any subcontractors, and the Services Provider ensures its subcontractors will obtain any required business tax license. 19 NONASSIGNMENT. This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part Services Provider shall not assign any monies due to or 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 Services Provider 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, Page 6 of 8 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 21. SEVERABILITY I 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, Services Provider 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 Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity The functions and activities of Services Provider 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 Services Provider 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 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written Page 7of8 SERVICES PROVIDER. EAST VALLEY BOYS & GIRLS CLUB - APACHE JUNCTION BRANCH By Title: Chairperson/President By: Title Local Board President By: Title. Local Branch Director CITY OF APACHE JUNCTION, an Arizona municipal corporation John S Insalaco Mayor ATTEST- KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD' J STERN City Attorney Page 8 of 8 AGREEMENT TO PROVIDE HEALTH AND HUMAN SERVICES FROM COMMUNITY ALLIANCE AGAINST FAMILY ABUSE THIS AGREEMENT is made and entered into this day of , 2012, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and COMMUNITY ALLIANCE AGAINST FAMILY ABUSE, a health and human services provider ("Services Provider") for the City's human services program WHEREAS, pursuant to Apache Junction City Code("AJCC"), Volume I, Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs, and WHEREAS, the Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year 2012-2013, and WHEREAS, the Commission has submitted its recommendations to the City Council, and WHEREAS, on August 7, 2012, the City Council passed and adopted the 2012- 2013 Fiscal Year budget, which included funding for health and human services for specific health and human services providers, and WHEREAS, pursuant to AJCC Article 2-14 Requests for Financial Assistance, Section I (3), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services to be provided to or work to be performed on behalf of the City of Apache Junction and its residents in compliance with the provisions of state law relating to the use of public funds. NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions set forth below. 1 SERVICES PROVIDER'S DUTIES Services Provider agrees to perform the following services in connection with the Program A Provide intervention services in the amount of$14,000 for individuals and families affected by domestic abuse to include empowerment sessions, legal advocacy services and general advocacy services. B Assistance shall be provided to residents of the City of Apache Junction and only as documented by Services Provider. Page 1 of 8 C Require documentation of city residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address, current rent receipt showing an in-city address, State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction. Use or acceptance of any other form of identification must be approved in advance from the City of Apache Junction City Clerk D. Comply with all provisions of AJCC Article 2-14 Requests for Financial Assistance, attached heretc as Exhibit B, and all other applicable City Ordinances; submit contract proposal for Fiscal Year 2013-14 to City on or before January 31, 2013. E File with the City all documentation for the previous quarter with City no later than ten (10) working days following the end of the quarter City funded services to individuals shall be identified by complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended, post office box addresses shall not meet the reporting requirements of this section; advise City in its report of the identification utilized (driver's license, utility bill, etc.), submit typed or word processor quality reports, maintain a separate list of city residents assisted by the program to include their name and address, designate one primary and one secondary person as Coordinators for the record keeping and disbursement of funds, assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency Such persons shall be responsible for submitting accurate reports to the City Clerk, provide the City Clerk, in writing with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. All reports shall be delivered in person or sent via first class mail Reports sent by fax, email or other electronic means shall not be accepted. The City Clerk will prescribe the format in which such reports shall be prepared and submitted Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision Any funds not disbursed by Services Provider shall be reimbursed to City. Any funds disbursed by Services Provider in violation of AJCC Article 2- 14 Requests for Financial Assistance or this agreement shall be reimbursed to City F File quarterly report and required documentation by the deadline set forth in Section E or risk disqualification for health and human services funding for Fiscal Year 2013-14. Any extensions or exceptions to the filing deadline must be granted by the City Clerk Any such extensions or Page 2 of 8 exceptions must be requested in writing and granted in writing prior to the filing deadline. The maximum allowable extension will be five(5)working days Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement. G. Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement H Services Provider's failure to fully meet the requirements of AJCC Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time during the term of this agreement shall result in termination of this Agreement I Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors 2 COMPENSATION In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows. A. A total of $14,000 for Fisca: Year 2012-2013 for services identified in Section 1, "Services Provider's Duties". B. Compensation shall be in equal quarterly payments of $3,500 00 per quarter No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in this agreement C Early release of program funding may be requested on a quarter-to- quarter basis. Any such request shall be submitted in writing, on Services Provider's letterhead, and signed by both the local agency director and the president or vice president of the Services Provider's Board of Directors Early release of funding shall be at the discretion of City and subject to Services Provider's compliance with the terms and conditions as set forth in this agreement D. The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time E. In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Page 3 of 8 Junction City Council, should any of the agencies receiving Fiscal Year 2012-13 funding be unable to meet the requirements of AJCC Article 2- 14 Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be redistributed proportionately among the remaining agencies or, at the discretion of the city manager, retained in the general fund 3 TERM. This Agreement shall be effective beginning July 1, 2012 through June 30, 2013, and shall remain in full force and effect for one fiscal year 4. SERVICES PROVIDER BILLING. Services Provider shall bill City in the manner specified in Section 2 above 5 CITY'S STANDARD OF PERFORMANCE City shall furnish the Services Provider with all data, information and other supporting services as may be required 6 SERVICES PROVIDER'S STANDARD OF PERFORMANCE. While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement 7 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. Kathleen Connelly City Clerk City of Apache Junction 300 E Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider Community Alliance Against Family Abuse P 0 Box 3778 Apache Junction, AZ 85117 8. TERMINATION. This Agreement may be terminated by either party for any reason upon fifteen (15) calendar days written notice If this Agreement is terminated, Services Provider shall be paid for services performed to the date of receipt of such termination notice In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination 9 SUBCONTRACTORS. Services Provider shall, within ten (10) calendar days Page 4 of 8 after the execution of this Agreement and before awarding any subcontract, furnish City with a list of proposed subcontractors, if any, and shall not employ any that City may object to for any reason Services Provider agrees that it is as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Services Provider. Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City. 10. RECORDS. Records of Services Provider'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 Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours 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 12 UNCONTROLLABLE FORCES. City and Services Provider shall exert all efforts to perform their respective responsibilities under this Agreement. However, neither party shall hold the other party responsible for inability to render timely performance if such inability is a direct result of a force beyond its control, including but not limited to the following strikes, lockouts, embargoes, failure of carriers, inability to obtain transportation facilities, acts of God or the public enemy, or other events beyond the control of the other or the other's employees and agents. 13. INDEMNIFICATION. Services Provider shall defend, indemnify, and hold City, its officers and employees harmless from any and all loss, damage, claim for damage, liability, expense, or cost, including attorney fees, which arise out of, or is in any way connected with the performance of work under this Agreement by Services Provider, or any of Services Provider's employees, agents or subcontractors, and from all claims by Services Provider's employees, subcontractors and agents for compensation for services rendered to Services Provider in the performance of this Agreement, notwithstanding that City may have benefited from their services. This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Services Provider or Services Provider's employees, subcontractors or agents This section shall survive the expiration or early termination of the Agreement. 14 WAIVER OF TERMS AND CONDITIONS The failure of City or Services Provider 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. Page 5 of 8 15. INDEPENDENT CONTRACTOR. Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Service Provider'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 Services Provider. 16. GOVERNING LAW AND VENUE. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county 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 attorney fees, necessary witness fees and court costs 17. OWNERSHIP OF RECORDS AND REPORTS. All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers. 18 LICENSE Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a business tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement Any activity by subcontractors within the corporate city limits will invoke the same business tax regulation on any subcontractors, and the Services Provider ensures its subcontractors will obtain any required business tax license 19. NONASSIGNMENT. This Agreement has been entered into based upon the personal reputation, expertise and qualificatiois of Services Provider. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part Services Provider shall not assign any monies due to or 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 Services Provider 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, Page E of 8 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 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, Services Provider 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 Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity The functions and activities of Services Provider 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 Services Provider 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written Page 7 of 8 SERVICES PROVIDER. COMMUNITY ALLIANCE AGAINST FAMILY ABUSE By. Title. Chairperson/Board President By. Title. Director CITY OF APACHE JUNCTION, an Arizona municipal corporation John S Insalaco Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED A S TO FORM- 4 /6"32-12 RICHARD J STERN City Attorney Page 8 of 8 AGREEMENT TO PROVIDE HEALTH AND HUMAN SERVICES FROM EAST VALLEY ADULT RESOURCES THIS AGREEMENT is made and entered into this day of , 2012, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and EAST VALLEY ADULT RESOURCES, a health and human services provider ("Services Provider") for the City's human services program. WHEREAS, pursuant to Apache Junction City Code("AJCC"), Volume I, Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs, and WHEREAS, the Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year 2012-2013; and WHEREAS, the Commission has submitted its recommendations to the City Council; and WHEREAS, on August 7, 2012, the City Council passed and adopted the 2012- 2013 Fiscal Year budget, which included funding for health and human services for specific health and human services providers; and WHEREAS, pursuant to AJCC Article 2-14 Requests for Financial Assistance, Section (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on the services to be provided to or work to be performed on behalf of the City of Apache Junction and its residents in compliance with the provisions of state law relating to the use of public funds NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions set forth below. 1 SERVICES PROVIDER'S DUTIES. Services Provider agrees to perform the following services in connection with the Program- A. Provide services for City of Apache Junction senior citizen residents to include congregate meals at the Apache Junction Senior Center and home-delivered meals for those senior citizen residents confined at home or who are physically disabled Page 1 of 9 B Provide congregate or home-delivered meals to senior citizen residents of the City of Apache Junction and only as documented by Services Provider C. Require documentation of city residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction; for use or acceptance of any other form of identification obtain approval in advance from the City of Apache Junction City Clerk. D. Comply with all provisions of AJCC Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable City Ordinances; submit contract proposal for Fiscal Year 2013-14 to City on or before January 31, 2013. E. File with the City all documentation for the previous quarter no later than ten (10) working days following the end of the quarter. City funded services to individuals shall be identified by complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended; post office box addresses shall not meet the reporting requirements of this section, advise City in its report of the identification utilized (driver's license, utility bill, etc ), submit to City typed or prepared word processor quality reports, maintain a separate list of city residents assisted by the program to include their name and address, designate one primary and one secondary person as Coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency. Such persons shall be responsible for submitting accurate reports to the City Clerk Provide the City Clerk, in writing with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement All reports shall be delivered in person or sent via first class mail Reports sent by fax, email or other electronic means shall not be accepted. The City Clerk will prescribe the format in which such reports shall be prepared and submitted Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision Any funds not disbursed by Services Provider shall be reimbursed to City. Any funds disbursed by Services Provider in violation of AJCC Article 2- 14 Requests for Financial Assistance or this agreement shall be Page 2 of 9 reimbursed to City F. File the quarterly report and required documentation by the deadline set forth in Section E or risk disqualification for health and human services funding for Fiscal Year 2013-14. Any extensions or exceptions to the filing deadline must be granted by the City Clerk Any such extensions or exceptions must be requested in writing and granted in writing prior to the filing deadline The maximum allowable extension will be five(5)working days Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement. G Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement H. Services Provider's failure to fully meet the requirements of AJCC Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time during the term of this agreement shall result in termination of this Agreement. I Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION• In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows. A A total of $26,000 for Fiscal Year 2012-2013 for services identified in Section 1 , "Services Provider's Duties" for congregate meals at the Apache Junction Senior Center and for home-delivered meals all as provided under Section 1, Subsections A and B B. Compensation shall be in equal quarterly payments of $6,500 00 per quarter No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in this agreement C. Early release of program funding may be requested on a quarter-to- quarter basis Any such request shall be submitted in writing, on Services Provider's letterhead, and signed by both the local agency director and the president or vice president of the Services Provider's Page 3 of 9 Board of Directors Early release of funding shall be at the discretion of City and subject to Service Provider's compliance with the terms and conditions as set forth in this agreement D The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time. E. In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Junction City Council, should any of the agencies receiving Fiscal Year 2012-13 funding be unable to meet the requirements of AJCC Article 2- 14 Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be redistributed proportionately to the remaining agencies or, at the discretion of the city manager, be retained in the city general fund 3 TERM. This Agreement shall be effective beginning July 1, 2012 through June 30, 2013, and shall remain in full force and effect for one fiscal year 4 SERVICES PROVIDER BILLING Services Provider shall bill City in the manner specified in Section 2 above. 5. CITY'S STANDARD OF PERFORMANCE City shall furnish the Services Provider with all data, information and other supporting services as may be required 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7 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: Kathleen Connelly City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 Page 4 of 9 If to Services Provider East Valley Adult Resources, Inc 45 W. University Drive, Suite A Mesa, AZ 85201-5831 8 TERMINATION: This Agreement may be terminated by either party for any reason upon fifteen (15) calendar days written notice. If this Agreement is terminated, Services Provider shall be paid for services performed to the date of receipt of such termination notice. In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination 9 SUBCONTRACTORS. Services Provider shall, within ten (10)calendar days after the execution of this Agreement and before awarding any subcontract, furnish City with a list of proposed subcontractors, if any, and shall not employ any that City may object to for any reason. Services Provider agrees that it is as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Services Provider. Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City. 10 RECORDS. Records of Services Provider'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. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 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. 12 UNCONTROLLABLE FORCES City and Services Provider shall exert all efforts to perform their respective responsibilities under this Agreement However, neither party shall hold the other party responsible for inability to render timely performance if such inability is a direct result of a force beyond its control, including but not limited to the following. strikes, lockouts, embargoes, failure of carriers, inability to obtain transportation facilities, acts of God or the public enemy, or other events beyond the control of the other or the other's employees and agents 13 INDEMNIFICATION. Services Provider shall defend, indemnify, and hold City, its officers and employees harmless from any and all loss, damage, claim for damage, liability, expense, or cost, including attorney fees, which arise out of, or is in any way connected with the performance of work under this Agreement by Services Provider, or any of Services Provider's employees, agents or subcontractors, and from all claims by Page 5 of 9 Services Provider's employees, subcontractors and agents for compensation for services rendered to Services Provider in the performance of this Agreement, notwithstanding that City may have benefited from their services. This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Services Provider or Services Provider's employees, subcontractors or agents. This section shall survive the expiration or early termination of the Agreement. 14. WAIVER OF TERMS AND CONDITIONS The failure of City or Services Provider 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 Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider'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 Services Provider. 16 GOVERNING LAW AND VENUE. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. 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 attorney fees, necessary witness fees and court costs 17. OWNERSHIP OF RECORDS AND REPORTS. All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers 18 LICENSE. Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a business tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement. Any activity by subcontractors within the corporate city Page 6 of 9 limits will invoke the same business tax regulation on any subcontractors, and the Services Provider ensures its subcontractors will obtain any required business tax license 19. NONASSIGNMENT This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part. Services Provider shall not assign any monies due to or 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 Services Provider 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. 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, Services Provider 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 Services Provider shall solicit any Page 7 of 9 contribution in cash or services from any Services Provider employee to support any candidate for public office No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity The functions and activities of Services Provider 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 Services Provider 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 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written SERVICES PROVIDER. EAST VALLEY ADULT RESOURCES, INC By: Title Chairperson/President By. Title. Executive Director CITY OF APACHE JUNCTION, an Arizona municipal corporation John S Insalaco Mayor ATTEST KATHLEEN CONNELLY City Clerk Page 8 of 9 APPROVED AS TO FORM: Qui; 'o —3/- RICHARD J STERN City Attorney Page 9 of 9 AGREEMENT TO PROVIDE HEALTH AND HUMAN SERVICES FROM MOUNTAIN HEALTH AND WELLNESS THIS AGREEMENT is made and entered into this day of , 2012, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and MOUNTAIN HEALTH AND WELLNESS, a health and human services provider ("Services Provider" ) for the City's human services program WHEREAS, pursuant to Apache Junction City Code("AJCC")Volume I,Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance, the city may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs, and WHEREAS, the Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year 2012-2013, and WHEREAS, the Commission has submitted its recommendations to the City Council, and WHEREAS, on August 7, 2012, the City Council passed and adopted the 2012- 2013 Fiscal Year budget which included funding for health and human services for specific health and human services providers; and WHEREAS, pursuant to AJCC Article 2-14 Requests for Financial Assistance, Section (CC)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services to be provided to or work to be performed on behalf of the City of Apache Junction and its residents in compliance with the provisions of state law relating to the use of public funds NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, bath parties agree to the terms and conditions set forth below 1 SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following services in connection with the Program. A Provide for mental health services for city residents by meeting the needs of clients in the area of client-related medication. B Provide for psychiatric services for city residents through psychiatric evaluation and medication monitoring. Page 1 of 8 C Provide these mental health services to residents of the City of Apache Junction and only as documented by Services Provider D Require documentation of city residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification, current utility bill, showing an in-city address, current rent receipt showing an in-city address, State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction, for use or acceptance of any other form of identification, obtain approval in advance from the City of Apache Junction City Clei k E Comply with all provisions of AJCC Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable City Ordinances, submit contract proposal for Fiscal Year 2013-14 to City on or before January 31, 2013. F. File with City all documentation for the previous quarter no later than ten (10) working days following the end of the quarter City funded services to individuals shall be identified with complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended Post office box addresses shall not meet the reporting requirements of this section, advise City in its report of the identification utilized (driver's license, utility bill, etc.), submit to City typed or word processor quality report, maintain a separate list of city residents assisted by the program with their current names and addresses, designate one primary and one secondary person as Coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency Such persons shall be responsible for submitting accurate reports to the City Clerk, provide the City Clerk, in writing with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Ail reports shall be delivered in person or sent via first class mail Reports sent by fax, email or other electronic means shall not be accepted. The City Clerk will prescribe the format in which such reports shall be prepared and submitted Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision Any funds not disbursed by Services Provider shall be reimbursed to City. Any funds disbursed by Services Provider in violation of AJCC Article 2-14 Requests for Financial Assistance or this agreement shall be reimbursed to City G File the quarterly report and required documentation by the deadline set forth in Section F or risk disqualification of health and human services Page 2 of 8 funding for Fiscal Year 2013-14. Any extensions or exceptions to the filing deadline must be granted by the City Clerk Any such extensions or exceptions must be requested in writing and granted in writing prior to the filing deadline The maximum allowable extension will be five (5)working days. Failure to file the quarterly report and required documentation by the deadlines set forth in Section F above shall result in the immediate termination of this agreement H. Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this contract I Services Provider's failure to fully meet the requirements of AJCC Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time during the term of this agreement shall result in termination of this Agreement J Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors 2 COMPENSATION In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows. A A total of $12,000 for Fiscal Year 2012-2013 for services identified in Section 1 , "Services Provider's Duties" B. Compensation shall be in equal quarterly payments of $3,000.00 per quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in this agreement C Early release of program funding may be requested on a quarter-to- quarter basis Any such request shall be submitted in writing, on Services Provider's letterhead, and signed by both the local agency director and the president or vice president of the Services Provider's Board of Directors Early release of funding shall be at the discretion of City and subject to Services Provider's compliance with the terms and conditions as set forth in this agreement. D The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time Page 3 of 8 E. In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Junction City Council, should any of the agencies receiving Fiscal Year 2012-13 human services funding be unable to meet the requirements of AJCC Article 2-14 Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be redistributed proportionately to the remaining agencies or, at the discretion of the city manager, be retained in the city general fund. 3 TERM. This Agreement shall be effective beginning July 1, 2012 through June 30, 2013, and shall remain in full force and effect for one fiscal year. 4 SERVICES PROVIDER BILLING. Services Provider shall bill City in the manner specified in Section 2 above 5 CITY'S STANDARD OF PERFORMANCE. City shall furnish the Services Provider with all data, information and other supporting services as may be required 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE. While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional ski:I and expertise Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement 7 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. Kathleen Connelly -- City Clerk City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 If to Services Provider Mountain Health and Wellness P.O. Box 3160 Apache Junction, AZ 85117-3160 8 TERMINATION. This Agreement may be terminated by either party for any reason upon fifteen (15) calendar days written notice. If this Agreement is terminated, Services Provider shall be paid for services performed to the date of receipt of such termination notice In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination. Page 4 of 8 9. SUBCONTRACTORS. Services Provider shall, within ten (10) calendar days after the execution of this Agreement and before awarding any subcontract, furnish City with a list of proposed subcontractors, if any, and shall not employ any that City may object to for any reason Services Provider agrees that it is as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Services Provider Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City. 10 RECORDS. Records of Services Provider'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 Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 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 12 UNCONTROLLABLE FORCES. City and Services Provider shall exert all efforts to perform their respective responsibilities under this Agreement However, neither party shall hold the other party responsible for inability to render timely performance if such inability is a direct result of a force beyond its control, including but not limited to the following strikes, lockouts, embargoes, failure of carriers, inability to obtain transportation facilities, acts of God or the public enemy, or other events beyond the control of the other or the other's employees and agents 13. INDEMNIFICATION. Services Provider shall defend, indemnify, and hold City, its officers and employees harmless from any and all loss, damage, claim for damage, liability, expense, or cost, including attorney fees, which arise out of, or is in any way connected with the performance of work under this Agreement by Services Provider, or any of Services Provider's employees, agents or subcontractors, and from all claims by Services Provider's employees, subcontractors and agents for compensation for services rendered to Services Provider in the performance of this Agreement, notwithstanding that City may have benefited from their services This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Services Provider or Services Provider's employees, subcontractors or agents This section shall survive the expiration or early termination of the Agreement 14. WAIVER OF TERMS AND CONDITIONS The failure of City or Services Provider 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 Page E of 8 15. INDEPENDENT CONTRACTOR. Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor Services Provider'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 Services Provider 16. GOVERNING LAW AND VENUE. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county 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 attorney fees, necessary witness fees and court costs 17 OWNERSHIP OF RECORDS AND REPORTS All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers. 18 LICENSE Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a business tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement. Any activity by subcontractors within the corporate city limits will invoke the same business tax regulation on any subcontractors, and the Services Provider ensures its subcontractors will obtain any required business tax license 19 NONASSIGNMENT This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part Services Provider shall not assign any monies due to or 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 Services Provider 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, Page 6 of 8 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. 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, Services Provider 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 Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider 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 Services Provider 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 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written Page 7 of 8 SERVICES PROVIDER: MOUNTAIN HEALTH AND WELLNESS By Title. Chairperson/President By. Title Executive Director CITY OF APACHE JUNCTION, an Arizona municipal corporation John S. Insalaco Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. 2 RICHARD J. STERN City Attorney Page 8 of 8 ROLL CALL VOTE NOTES \V 01 ITEM # 1 ' MEETING OF MOTION BY SECONDED BY: � � 1 nl ,v/ YES NO ABSTAINED COUNCILMEMBER EVANS 01 COUNCILMEMBER BARKER VICE MAYOR DIETZ V COUNCILMEMBER WALDRON �4,� T, L" COUNCILMEMBER SERDY COUNCILMEMBER WILSON �/ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 11 I MOVE WE ACCEPT THE RECOMMENDATIONS OF THE HEALTH AND HUMAN SERVICES COMMISSION AS OUTLINED IN THE MEMO FROM THE CITY CLERK DATED OCTOBER 31, 2012, WHICH INCLUDES NOTIFICATION OF BOARD MEMBERS OF THE RESPECTIVE HUMAN SERVICES AGENCIES SHOULD THERE BE CONTRACT PERFORMANCE ISSUES AND THAT APPROVAL BE GIVEN FOR PROFESSIONAL SERVICES AGREEMENTS FOR FISCAL YEAR 2012-2013 BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION REACH OUT FOOD BANK IN THE AMOUNT OF $25,000, THE BOYS AND GIRLS CLUB OF THE EAST VALLEY-APACHE JUNCTION BRANCH IN THE AMOUNT OF $8,000, COMMUNITY ALLIANCE AGAINST FAMILY ABUSE IN THE AMOUNT OF $14,000; EAST VALLEY ADULT RESOURCES FOR THE APACHE JUNCTION SENIOR CENTER IN THE AMOUNT OF $26,000, AND MOUNTAIN HEALTH AND WELLNESS IN THE AMOUNT OF $12,000, FOR A TOTAL AMOUNT OF $85,000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS 1,0 ^^ an�b City of Apache Juncrion _ Nome of the Superstition Mountains '1.'zo1 14 Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: November 6, 2012 Agenda Type . Regular Agenda Council Priority Focus Area TITLE OF AGENDA ITEM. COUNCIL DIRECTION TO STAFF REGARDING THE SEWER DISTRICT. ACTION REQUESTED DISCUSSION/ BACKGROUND INFORMATION: The city manager will offer recommendations on this matter. Directing staff to arrange with the District tours of the treatment plant; opportunities for enhanced understanding of District history, operations, and policies; and public discussion for same in the spring of 2013 are among possible directions to staff. FISCAL IMPACT: OPTIONS/ALTERNATIVES 1ECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available OW /IN ROLL CALL VOTE NOTES: (.P ,),„/ ), \„ , Ir( ITEM # \ }" 1 MEETING 5r/tit jk MOTION BY: ,,, SECONDED BY. ON / YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS I COUNCILMEMBER SERDY COUNCILMEMBER BARKER COUNCILMEMBER WILSON V VICE MAYOR DIETZ v MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL r ITEM NO. 12 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE SEWER DISTRICT• r ROLL CALL VOTE NOTES i ' ')\ 'Ilk \ / \\ tU:t\0/ ITEM # \IA/1`\ s MEETING OF r1V MOTION BY: �; � SECONDED BY YES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR DIETZ V COUNCILMEMBER EVANS COUNCILMEMBER WILSON i . COUNCILMEMBER WALDRON J COUNCILMEMBER BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL V Adak ITEM NO. 13-14 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M AND A WORK SESSION AT 7.00 P.M. BE HELD ON MONDAY, DECEMBER 3, 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, DECEMBER 4, 2012 IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P.M. ROLL CALL WS \ i \qy REG: Ilk/ ' SPEC: CITY COUNCIL P I A P I A P I A MAYOR INSALACO 1� VICE MAYOR DIETZ V COUNCILMEMBER BARKER ✓/ COUNCILMEMBER EVANS ✓ V COUNCILMEMBER SERDY V COUNCILMEMBER WALDRON y COUNCILMEMBER WILSON V V TOTAL 1 7 CITY STAFF \ I 4 , ! IC / City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern V 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 2 Assistant to the City Manager Matt Busby OTHERS:• ��, �k' tti) rjitiP _3\ vf/ • I �J 4 Date: //e',.-lZ CITY OF APACHE JUNCTION Please select an o tion: 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❑ No❑ Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. Name (Print) f 2 /.ti )41,d C00 id pO_Cie, ' Address City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. -,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 Date: . "" CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes❑ No❑ Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. Name (Print) Address City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. Signature of Parent/Guardian Date 02/23/12