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HomeMy WebLinkAbout2013 06.04 City Council Regular Agenda 77°71. Meeting location City of Apache Junction, Arizona �. �1 City Council Chambers at City Hall .14 Agenda 300E Superstition Blvd g Apache Junction,AZ .iTs 85119 City Council Meeting www ajcity net Ph (480)982-8002 Tuesday,June 4,2013 7 00 PM City Council Chambers -Ia. 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 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 heanng 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. 13-063 Acceptance of Agenda Consideration and action. 2. 13-065 Approval of minutes of regular meeting of May 7, 2013 Consideration and action. Attachments. City council minutes 050713 3. 13-070 The mayor and council shall consider Resolution No 13-22, declaring and adopting the results of the general election held on May 21, 2013 State law requires the council convene not less than 6 days nor more than 20 days following the election for purposes of canvassing the returns of the election This item gives council the opportunity to approve the results of the election. Consideration and action Attachments: CANVASS 2013 general MEM 4 13-073 The mayor and city council shall consider Resolution No. 13-19, authorizing the City of Apache Junction to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for use of Highway Safety Improvement Program funds for Phase I of safety pullouts along Ironwood Drive between Guadalupe Road and Elliott Road with a city cost participation not exceed$17,491 91 Consideration and action Attachments. Council Memo Resolution 13-19 pdf Resolution 13-19 pdf 20130523 JPA-1 signed pdf City of Apache Junction,Arizona Page 1 Printed on 5/28/2013 City Council Meeting Agenda June 4,2013 5. 13-075 The mayor and city council shall consider Resolution No 13-20, authorizing the City of Apache Junction to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for use of Highway Safety Improvement Program funds for Phase II of safety pullouts along Ironwood Drive between Guadalupe Road and Elliott Road with a city cost participation not exceed$20,478 00. Consideration and action. Attachments: Resolution 13-20 Memo to Council pdf �... Resolution 13-20 pdf 20130523 JPA-2 signed pdf 6. 13-076 The mayor and city council shall consider Resolution No 13-21, authorizing the City of Apache Junction to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for use of Highway Safety Improvement Program funds for Phase III of safety pullouts along Ironwood Drive between Baseline Road and Guadalupe Road with a city cost participation not exceed $19,904 00 Consideration and action Attachments Resolution 13-21 pdf 20130523 JPA-3 signed pdf Resolution 13-21 Memo to Council pdf E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time 7. 13-067 Oath of office and seating of newly elected mayor and councilmembers As required by law, the city clerk will administer the oaths of office to Mayor-elect Insalaco and Councilmembers-elect Evans, Rizzi and Waldron Attachments. OATH CC insalaco CERT CCLlnsalaco OATH CC Evans CERT CCL Evans OATH CC Rizzi CERT CCL rizzi OATH CC Waldron CERT CCL waldron 8 13-068 Presentation of plaque to retiring Vice Mayor Dietz by Mayor Insalaco Presentation F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a bnef summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance, time and location City of Apache Junction,Arizona Page 2 Printed on 5/28/2013 City Council Meeting Agenda June 4,2013 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 clanfication inquines �.. 9. 13-057 Manager's report Presentation 10. 13-077 Legislative Update Presentation. H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak All remarks shall be addressed to the council as a whole and not to any member thereof Such remarks shall be limited to five (5)minutes unless additional time is granted by the mayor This time limitation shall not apply to applicants and their agents appearing before the council 11. 13-060 The mayor and city council shall hold a public hearing regarding proposed Resolution No 13-16, authorizing the city to submit a grant application for Fiscal Year 2013 Community Development Block Grant and Fiscal Year 2013 State Special Project funds Discussion and action. Attachments: Staff Report Resolution 13-16 I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a wntten request-to-speak form with the city clerk J. NEW BUSINESS The council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk 12 13-064 Designation of city council check signatories City checks require the signature of a council member in addition to that of the city clerk Discussion and action. Attachments: 2013 check signatories 13 13-066 Nomination and selection of vice mayor as required by city code Discussion and action. Attachments. 2013 vice mayor nomination procedures 2013 vice mayor nomination attachments K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters City of Apache Junction,Arizona Page 3 Printed on 5/28/2013 City Council Meeting Agenda. June 4,2013 L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 14. 13-056 Executive Session at 5 45 P M for Tuesday, June 18, 2013 Other meetings if necessary 15. 13-058 Executive Session at 5 45 P M and Work Session at 7 00 P M for Monday, June 17,2013 16. 13-084 Selection of budget work sessions on June 17, 2013 and/or June 18, 2013. 17. 13-083 Special meeting for tentative budget adoption on July 1, 2013 and/or July 2, 2013 18 13-085 Special meeting for final budget adoption on August 5, 2013 and/or August 6, 2013 M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda All speakers must have already submitted a written "Request to Speak" form to the city clerk no later than the conclusion of the city manager's report portion of the agenda If there is a group speaking on the same item, they should select a spokesperson All such remarks shall be addressed to the council as a whole and not to any member thereof The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion 1)respond to criticism by a speaker, 2)ask the city manager to review a matter, 3)ask the city manager to place the matter on a future agenda Each speaker must approach the podium, speak into the microphone, provide their name and address There is a three (3)minute time limit per speaker N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7 00a-6 00p, excluding holidays If any person with a disability needs any type of accommodation,please notify Human Resources at(480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time City of Apache Junction,Arizona Page 4 Printed on 5/28/2013 City of Apache Junction, Arizona 300 E Superstition s. r, Boulevard Apache Junction,AZ 85119 4.1 1 Master File Number: 13-065 File ID. 13-065 Type: Minutes Status- Consent Agenda Version: 1 Reference' In Control. City Council Meeting Requester. Cost: File Created. 05/23/2013 File Name. Minutes-May 7, 2013 Final Action. Title Approval of minutes of regular meeting of May 7, 2013 Consideration and action. Notes. Code Sections. Agenda Date. 06/04/2013 Indexes. Local/State/Federal Statutory Requirement Agenda Number. Sponsors. Connelly Enactment Date. Attachments. City council minutes 050713 Enactment Number Contact. Hearing Date- Drafter: sheninger@ajcity net Effective Date- History of Legislative File Ver- Acting Body Date• Action: Sent To Due Date Return Result Sion Date 1 City Council Meeting 06/04/2013 Text of Legislative File 13-065 City of Apache Junction,Arizona Page 1 Printed on 5/28/2013 eiN CITY COUNCIL REGULAR MEETING MAY 7, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 7, 2013, at the Apache Junction City Council Chambers pursuant to the notice required by law. ,^ CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Vice Mayor Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Evans Councilmember Serdy Councilmember Waldron Councilmember Wilson emN Staff Present. City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director/Deputy Chief Tom Kelly Public Works Director Giao Pham Parks and Recreation Director Jeff Bell Assistant to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 1 OF 12 III Others Present: Revenue Resources Manager Roger Hacker Senior Project Engineer Emile Schmid ACCEPTANCE OF CONSENT AGENDA Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE CONTRACT BETWEEN SUNLAND ASPHALT AND THE CITY OF APACHE JUNCTION FOR STREET DRAINAGE IMPROVEMENTS WITHIN THE SUPERSTITION VILLA SUBDIVISION THROUGH TCPN COOPERATIVE CONTRACT #R5255 IN THE AMOUNT OF $296, 685. 44 WITH 10% CONTINGENCY FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $29, 668 . 54 FOR A TOTAL AMOUNT NOT TO EXCEED $326, 353. 98; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT THE AWARD OF BID FOR PW 2010-22B, NORTH APACHE TRAIL IMPROVEMENTS PHASE 2, BE AWARDED TO NESBITT CONTRACTING CO. , INC. IN THE AMOUNT OF $585, 162 . 15 PLUS 5% FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $29, 258 . 11 FOR A TOTAL AMOUNT NOT TO EXCEED $614, 420 . 96; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT THE AWARD OF BID FOR PW 2012-06, OLD WEST HIGHWAY SIDEWALK IMPROVEMENTS, BE AWARDED TO VISUS INC. IN THE AMOUNT OF $105, 000. 00 PLUS 5% FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $5, 250 . 00 FOR A TOTAL AMOUNT NOT TO EXCEED $110, 250. 00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE CONTRACT BETWEEN J. BANICKI CONSTRUCTION, INC. AND THE CITY OF APACHE JUNCTION FOR STREET AND DRAINAGE IMPROVEMENTS FOR GRAND DRIVE, OCOTILLO DRIVE AND MAIN DRIVE BOUNDED BY BROADWAY AVENUE AND APACHE TRAIL THROUGH CITY OF PEORIA COOPERATIVE CONTRACT #ACON42011 IN THE AMOUNT OF $619, 660. 01 PLUS 10% CONTINGENCY FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $61, 966. 00 FOR A TOTAL AMOUNT NOT TO EXCEED $681, 626. 01; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 2 OF 12 es efts THAT RESOLUTION NO. 13-10, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE VALLEY METRO REGIONAL PUBLIC TRANSPORTATION AUTHORITY FOR PARTICIPATION IN ITS FISCAL YEAR 2012-2013 LOCAL TRANSPORTATION ASSISTANCE FUND II PROGRAM, BE APPROVED; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE PASS THROUGH AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE DEMOLITION AGREEMENT BETWEEN THE AJ TOWN CENTRE LIQUIDATION TRUST AND THE CITY OF APACHE JUNCTION FOR THE DEMOLITION OF A SINGLE FAMILY RESIDENCE AT 247 EAST JUNCTION STREET; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT RESOLUTION NO. 13-12, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ADOPT A PUBLIC PARKS, AREAS AND FACILITIES NAMING/DEDICATION POLICY, BE APPROVED; AND THAT RESOLUTION NO 13-14, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT WITH APACHE JUNCTION FIRE DISTRICT FOR JOINT SERVICES, MATERIALS, AND EQUIPMENT, BE APPROVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous. The motion carried. ems AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco read a proclamation designating May 19 through May 25 as National Public Works Week and presented it to Engineering Administrative Assistant Kathryn Broehm. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced last Saturday American Legion Post 27 hosted the Americanism Dinner where they named the REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 3 OF 12 outstanding police officer, firefighter and teacher of the year and introduced the high school students going to Boys State. The mayor emceed it and it was nice to see these people recognized. Councilmember Waldron announced Habitat for Humanity rehabilitated a home on Friar that involved all the neighbors, rehabbing the house for half the cost of a new house. They presented another plaque to the city for its participation. Councilmember Evans announced the past weekend they had a lot of events on Saturday. The Mountain Health and Wellness event was triple the size of last year with various activities. Councilmember Waldron announced that Earth Heart Park hosted the National Day of Prayer on last Thursday. It was very well attended. Councilmember Evans announced on May 11 at Prospector Park a joint effort between parks and recreation, Friends of Apache Junction and the Mesa Hohokams will bring the Chicago Cubs out to meet the little league players . CITY MANAGER' S REPORT City Manager George Hoffman commented on the work done by the public works department, a plaque presented to the city by Apache Junction Townhomes, read comments from Recreation Superintendent Liz Langenbach on April Pools Day and read a letter received from an attendee of the event. Apache Junction Fire District Chief Bourgeois commented on April Pools day and the warm weather ahead, then introduced Apache Junction Fire District Public Education Coordinator Tina Gerola who gave a presentation on National Drowning Prevention Month, including a short video produced by the district. Vice Mayor Dietz asked if the video could be put on the city website. City Manager George Hoffman stated it is on the website. REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 4 OF 12 Assistant to the City Manager Matt Busby gave a brief update on current legislation issues that impact the city. Councilmember Serdy asked if he could follow some federal legislation that might be affecting us also. The senate just approved the Internet sales, which still has to pass a couple of other things. He believes it is for businesses that do more than a million dollars of business. If one of our citizens would buy something from one of these major companies, the city would then get checks coming in. City Clerk Kathleen Connelly stated there are occasions now when we get checks for those purposes and we have to return them. Vice Mayor Dietz asked why we have to return them. City Clerk Kathleen Connelly stated because we do not have the legal ability to collect those taxes . City Attorney Joel Stern stated it is not a legal tax yet. City Clerk Kathleen Connelly stated the tax does not exist yet. Assistant to the City Manager Matt Busby stated it passed the senate on Monday. It is called the Marketplace Fairness Act. It now goes through the house but there is no guarantee it will pass in the house. That is the current status as he knows it, but he can include it in the future. PUBLIC HEARINGS APPLICATION FOR AN AGENT CHANGE- ACQUISITION OF CONTROL, SERIES 7 LIQUOR LICENSE FOR SCUTTLEBUTTS City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Ms Debra Snow-Squadere, 713 N. 106th Street, Mesa, addressed the council . REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 5 OF 12 044 Councilmember Serdy asked if she had brought any menus. Ms. Debra Snow-Squadere stated she came to tell them the menu in person as it is rather lengthy. Councilmember Serdy asked if she has something new coming. Ms. Debra Snow-Squadere stated they have a Serdy special . It is a pizza with extra mushrooms. They have a rib special on Saturday nights for the summer. And they have ravioli. 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. Vice Mayor Dietz MOVED THAT THE APPLICATION FOR AN AGENT CHANGE-ACQUISITION OF CONTROL, SERIES 7 LIQUOR LICENSE FOR SCUTTLEBUTTS, SUBMITTED BY DEBRA JEAN SNOW-SQUADERE, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous. The motion carried. RESOLUTION NO. 13-01, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON MOCKINGBIRD STREET, GREASEWOOD STREET AND SIESTA STREET FROM MAIN DRIVE TO MOCKINGBIRD STREET, AND SAGUARO DRIVE FROM SIESTA STREET TO ROUNDUP STREET, AND SAGUARO DRIVE FROM SIESTA STREET TO ROUNDUP REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 6 OF 12 STREET AS DESCRIBED IN EXTINGUISHMENT CASE 13-01 ARE NO LONGER NECESSARY FOR PUBLIC USE Senior Project Engineer Emile Schmid briefed the council on the item. Mayor Insalaco asked how big the parcel is. Senior Project Engineer Emile Schmid stated he believes each parcel is about 5 acres so the entire area is about 15 acres. Councilmember Barker asked him to go back to the map. Vice Mayor Dietz asked what part of the yellow is on Roundup. He commented the yellow is what is being extinguished. Senior Project Engineer Emile Schmid stated that is correct. The south side of Roundup is already a dedicated right-of-way, as is the east side of Main. Councilmember Barker asked what the red is. Senior Project Engineer Emile Schmid stated the red are existing federal patent easements that still remain in place. Vice Mayor Dietz commented he emm had mentioned on the next slide that Roundup was also in there. He then corrected himself when he realized it was saying from Siesta Street to Roundup. Senior Project Engineer Emile Schmid stated it is Saguaro Street from Siesta Street to Roundup. Vice Mayor Dietz commented it is a shame they cannot do something with the last piece of the stagecoach trail. REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 7 OF 12 Mayor Insalaco requested the applicant address the council. The applicant was not present. He 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 Waldron MOVED eN THAT RESOLUTION NO. 13-01, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LCOATED ON MOCKINGBIRD STREET, GREASEWOOD STREET AND SIESTA STREET FROM MAIN DRIVE TO SAGUARO DRIVE, MAIN DRIVE FROM SIESTA STREET TO MOCKINGBIRD STREET, AND SAGUARO DRIVE FROM SIESTA STREET TO ROUNDUP STREET, AND DESCRIBED IN EXTINGUISHMENT CASE EX-13-01, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None . DIRECTION TO STAFF DRAFT APPROPRIATE CHANGES TO APACHE JUNCTION CITY CODE, VOLUME 1, CHAPTER 3, APPLICABLE PERSONNEL RULES, AND THE CLASSIFICATION PLAN RELATING TO THE POLICE CHIEF/PUBLIC SAFETY DIRECTOR POSITION WITH THE EMERGENCY CLAUSE REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 8 OF 12 e City Manager George Hoffman briefed the council on the item. Councilmember Barker asked when this position was changed to a contract employee in this department. City Manager George Hoffman stated it was in 2004 . ems Councilmember Barker commented what they are doing is reverting back to the original concept of police chief. City Manager George Hoffman stated that is correct. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT STAFF BE DIRECTED TO MAKE THE NECESSARY CHANGES TO CITY CODE CHAPTER 3, ARTICLE 3-6; APACHE JUNCTION PERSONNEL RULES, RULE 1, SECTION 4 AND RULE 5, SECTION 3; THE CITY CLASSIFICATION PLAN AND ANY OTHER APPLICABLE CODES AND POLICIES IN ORDER TO PLACE THE POLICE CHIEF/PUBLIC SAFETY DIRECTOR POSITION AS A REGULAR CAREER STATUS EMPLOYEE. I FURTHER MOVE THAT THE ORDINANCES AMENDING THE CITY CODE AND PERSONNEL RULES BE WRITTEN WITH THE EMERGENCY CLAUSE AND BE RETURNED FOR A COUNCIL VOTE NO LATER THAN JULY 16, 2013 AND THAT THE AMENDMENT TO THE CLASSIFICATION PLAN BE INCLUDED WITH THE ANNUAL ADOPTION OF THE CLASSIFICATION PLAN AND IN CONJUNCTION WITH TENTATIVE BUDGET ADOPTION NO LATER THAN JULY 15, 2013. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 9 OF 12 Vice Mayor Dietz stated due to the election on May 21st, there will be no work session on May20th nor a regular meetingon May g 21st, 2013. He then MOVED THAT AN EXECUTIVE SESSION AT 5: 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, JUNE 3 2013, 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, JUNE eS 4, 2013, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Ms. Helen Graham, 2510 W. Shiprock, Apache Junction, addressed the council to request the city revisit the plans to build a bike park. There was general discussion between Councilmember Waldron and Vice Mayor Dietz as to whom had the plans . Councilmember Waldron requested the council be given an outline of the plans. ADJOURNMENT Mayor Insalaco adjourned O \ the meeting at 7 : 45 p.m. Consent Agenda Items are as follows: 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of April 16, 2013. 3. Consideration of entering into contract with Sunland Asphalt for street drainage improvements within the Superstition Villa subdivision in an amount not to exceed $326, 353. 98 . REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 10 OF 12 0"N ems 4 . Consideration of PW 2010-22B, North Apache Trail improvements, Phase 2, award of bid to Nesbitt Contracting Co. , Inc. in an amount not to exceed $614, 420. 26. 5. Consideration of PW 2012-06, Old West Highway sidewalk improvements, award of bid to Visus, Inc. in an amount not to exceed $110, 250. 00. 6. Consideration of entering into contract with J. Banicki emN Construction, Inc. for street and drainage improvements for Grand Drive, Ocotillo Drive and Main Drive in an amount not to exceed $681, 626. 01. 7 . Consideration of approval of Resolution No. 13-10, recommending the City' s Fiscal Year 2013 Local Transportation Assistance Fund II allocation be directed to the Apache Junction Active Adult Center and authorizing the Mayor to sign a Pass Through Agreement. 8 . Consideration of approval of demolition agreement for 247 E. Junction Street. 9. Consideration of approval of Resolution No. 13-12, Parks, Areas and Facilities Naming/Dedication Policy. 10. Consideration of approval of Resolution No. 13-14, an intergovernmental agreement with the Apache Junction Fire District for services, equipment and training. ACCEPTED THIS 4TH DAY OF JUNE, 2013, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. eimN SIGNED AND ATTESTED TO THIS 4TH DAY OF JUNE, 2013. JOHN S. INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 11 OF 12 ATTEST: 1 KATHLEEN CONNELLY City Clerk OIN CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 7th day of May, 2013 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of May, 2013. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 7, 2013 PAGE 12 OF 12 4:‘ City of Apache Junction, Arizona 300E Superstition Boulevard Apache Junction,AZ 85119 +q,toro- Master File Number: 13-070 File ID. 13-070 Type. Resolution Status. Consent Agenda Version 1 Reference. In Control. City Council Meeting Requester Cost• File Created. 05/23/2013 File Name. Canvass of Votes Final Action. Title. The mayor and council shall consider Resolution No 13-22, declaring and adopting the results of the general election held on May 21, 2013 State law requires the council convene not less than 6 days nor more than 20 days following the election for purposes of canvassing the returns of the election This item gives council the opportunity to approve the results of the election Consideration and action. Notes. Code Sections: Agenda Date. 06/04/2013 Indexes. Local/State/Federal Statutory Requirement Agenda Number Sponsors. Connelly Enactment Date. Attachments. CANVASS 2013 general MEM Enactment Number. Contact. Hearing Date. Drafter: sheninger@aicity net Effective Date: History of Legislative File r► Ver• Acting Body Date Action Sent To Due Date Return Result sion Date 1 City Council Meeting 06/04/2013 Text of Legislative File 13-070 City of Apache Junction,Arizona Page 1 Printed on 5/28/2013 MAY 21, 2013 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH. GEORGE R HOFFMAN, CITY MANAGER FROM KATHLEEN CONNELLY, CITY CLERK SUBJECT AGENDA ITEM FOR JUNE 3 WORK SESSION AND JUNE 4 REGULAR MEETING (RESOLUTION NO 13-22 CANVASS OF VOTES) Arizona Revised Statutes §16-642 (A) requires that the appropriate governing body (City Council) convene not less than six days nor more than twenty days following an election for purposes of canvassing the returns of the election The information that should be contained in the canvass of votes for the general election includes the total number of ballots cast, the number of ballots to be verified, the number of voters determined to be ineligible, the number of votes cast for each candidate and the names of those elected Even though the law does not specify that the canvass must be in the form of a resolution, this has been the accepted format in Apache Junction as well as most other Arizona cities and towns Because of the statutory time frame allowed for verification of conditional and provisional ballots, the resolution may not be available until the June 3 work session Please contact me if you have any questions RESOLUTION NO 13-22 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL AND MARICOPA COUNTIES, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE GENERAL ELECTION HELD ON MAY 21, 2013 . WHEREAS, the City of Apache Junction, Pinal and Maricopa Counties, Arizona, did hold a general election on the 21st day of May, 2013 , for the election of two councilmembers; and WHEREAS, pursuant to A R. S. § 16-642 (A) , the election returns as indicated on Attachments A-1 through A-4 entitled "City of Apache Junction, May 21 , 2013 General Election Cumulative Report and Statement of Votes Cast" have been presented to and have been canvassed by the City Council . NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Apache Junction, Pinal and Maricopa Counties, Arizona, as follows . SECTION 1 That the total number of valid ballots cast at the general election as shown by the poll lists was 3, 186 SECTION 2 That the total number of ballots to be verified was 1 conditional provisional ballot, 8 provisional ballots for a total of 9, and that of the 9 ballots to be verified the total number of voters found to be ineligible was 0, leaving the total number of ballots cast to be 3, 186 as indicated in Section 1 above SECTION 3 . That the votes cast for the candidates for Councilmember were ... Name Vote Total Rizzi, Christa 1 , 500 Smithson, Clark L. 1 , 364 Struble, Jeff 1 ,216 Waldron, Dave 1 , 564 SECTION 4 . That it is hereby found, determined and declared of record that the following two candidates did receive a majority of all valid votes cast and are hereby issued certificates of election upon filing any required campaign contribution and expense reports and as set forth in the Apache Junction City Code and State law Rizzi, Christa Waldron, Dave RESOLUTION NO. 13-22 PAGE 1 OF 2 SECTION 5 This resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013 SIGNED AND ATTESTED TO THIS DAY OF 2013 . JOHN S . INSALACO Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. 2P (3 RICHARD J. STERN City Attorney RESOLUTION NO. 13-22 PAGE 2 OF 2 City of Apache Junction Page 1 of 4 May 21, 2013 General Election Cumulative Report Registered Voters 15917-Cards Cast 3186 20 02% Num Report Precinct 3 -Num Reporting 3 100 00% Council Member-Cityof Apache p Junction Total Number of Precincts 3 Precincts Reporting 3 100 0 % Vote For 2 ON Total Votes 5653 RIZZI,CHRISTA 1500 26 53% SMITHSON,CLARK L 1364 24 13% STRUBLE,JEFF 1216 21 51% WALDRON,DAVID 1564 27 67%. Write-in Votes 9 0 16% City of Apache Junction Page 2 of 4 May 21, 2013 General Election Statement of Votes Cast TURN OUT Reg Voters Cards Cast % Turnout Jurisdiction Wide CITY OF APACHE JUNCTION[CACTUS CANYON JR HIGH]-PREC#(s) 44 01/46 02/47 01/47 02 Polling 6481 112 1 73% Early 6481 1146 17 68% Provisional 6481 2 0.03% Total 6481 1260 19 44% CITY OF APACHE JUNCTION[SUPERSTITION MOUNTAIN ELEMENTARY]-PREC#(s) 40 02/42 Polling 5868 78 I 33% Early 5868 1158 1973% Provisional 5868 5 0 09% Total 5868 1241 21 15% CITY OF APACHE JUNCTION[FOUR PEAKS ELEMENTARY]-PREC#(s) 45 02/56 02/57 02/58 0 Polling 3568 70 1 96% Early 3568 613 17 18% Provisional 3568 2 0.06% Total 3568 685 19 20% Total Polling 15917 260 1 63% Early 15917 2917 18 33% Provisional 15917 9 0.06% Total 15917 3186 20 02% 3 3 , ) ' 1 City of Apache Junction Page 3 of 4 May 21, 2013 General Election Statement of Votes Cast Council Member-City of Apache Junction Reg.Voters Vote For Total Votes RIZZI CHRISTA SMITHSON,CLARK L Jurisdiction Wide ) CITY OF APACHE JUNCTION[CACTUS CANYON JR HIGH]-PREC#(s) 44 01/46 02/47 01/47 02 Polling 6481 2 200 38 19 00% 52 26 00% Early 6481 2 2008 551 27 44% 483 24 05% Provisional 6481 2 4 2 50 00% 0 0 00% Total 6481 6 2212 591 26 72% 535 24 19% CITY OF APACHE JUNCTION[SUPERSTITION MOUNTAIN ELEMENTARY]-PREC#(s) 40 02/42 Polling 5868 2 148 35 23 65% 36 24 32% Early 5868 2 2059 543 26 37% 529 25 69% Provisional 5868 2 10 4 40.00% 1 10.00% Total 5868 6 2217 582 26 25% 566 25 53% CITY OF APACHE JUNCTION[FOUR PEAKS ELEMENTARY]-PREC#(s) 45 02/56 02/57 02/58 0 Polling 3568 2 131 31 23 66% 34 25 95% Early 3568 2 1089 296 27 18% 228 20 94% Provisional 3568 2 4 0 0 00% I 25.00% Total 3568 6 1224 327 26 72% 263 21 49% Total Polling 15917 6 479 104 21 71% 122 25 47% Early 15917 6 5156 1390 26 96% 1240 24 05% Provisional 15917 6 18 6 33.33% 2 11.11% Total I 15917 18 5653 1500 26 53% 1364 24 13% ) City of Apache Junction Page 4 of 4 May 21, 2013 General Election Statement of Votes Cast Council Member-City of Apache Junction STRUBLE JEFF WALDRON DAVID Write-In Votes Jurisdiction Wide CITY OF APACHE JUNCTION[CACTUS CANYON JR HIGH]-PREC#(s) 44 01/46 02/47 01/47 02 Polling )3 26 50% 56 28 00% 1 0 50% Early 419 20.87% 550 27 39% 5 0 25% Provisional 1 25 00% 1 25 00% 0 0.00% Total 473 21 38% 607 27 44% 6 0 27% CITY OF APACHE JUNCTION[SUPERSTITION MOUNTAIN ELEMENTARY]-PREC#(s) 40 02/42 Polling 38 25 68% 39 26 35% 0 0.00% Early 406 19 72% 578 28 07% 3 0 15% Provisional 2 20 00% 3 30 00% 0 0.00% Total 446 20 12% 620 27 97% 3 0 14% CITY OF APACHE JUNCTION[FOUR PEAKS ELEMENTARY]-PREC#(s) 45 02/56 02/57 02/58 0 Polling 32 24 43% 34 25 95% 0 0 00% Early 264 24 24% 301 27 64% 0 0 00% Provisional 1 25 00% 2 50 00% 0 0 00% Total 297 24 26% 337 27 53% 0 0 00% Total Polling 123 25 68% 129 26 93% 1 0 21% Early 1089 21 12% 1429 27 72% 8 0 16% Provisional 4 22.22% 6 33.33% 0 0.00% Total 1216 21 51% 1564 27 67% 9 0 16% ) RCHf'�-. it,70,- * City of Apache Junction, Arizona 300E Superstition V.. Boulevard (� Apache Junction,AZ 85119 \ w ,�` ir ', Master File Number: 13-073 File ID. 13-073 Type. Resolution Status: Consent Agenda Version: 1 Reference- In Control- City Council Meeting ... Requester. Cost. $17,491 91 File Created- 05/23/2013 File Name. ADOT HSIP Ironwood JPA-1 approval Final Action. Title The mayor and city council shall consider Resolution No 13-19, authorizing the City of Apache Junction to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for use of Highway Safety Improvement Program funds for Phase I of safety pullouts along Ironwood Drive between Guadalupe Road and Elliott Road with a city cost participation not exceed $17,491 91. Consideration and action Notes. Code Sections: Agenda Date. 06/04/2013 Indexes- Community Infrastructure Agenda Number Sponsors. Schmid Enactment Date. Attachments- Council Memo Resolution 13-19 pdf, Resolution Enactment Number: 13-19 pdf,20130523 JPA-1 signed pdf Contact Hearing Date: Drafter eschmid@ajcity net Effective Date: History of Legislative File AO 11k, Ver- Acting Body Date. Action. Sent To Due Date Return Result sion Date 1 City Council Meeting 06/04/2013 Text of Legislative File 13-073 City of Apache Junction,Arizona Page 1 Printed on 5/28/2013 p AGHF • ti Public Works Department .36 t-t 0 K* a ‘tiw erzt; N Home of the Superstition Mountains Rio P MEMORANDUM Date May 16, 2013 To Mayor and Members of City Council Through George Hoffman, City Manager From Emile Schmid, Senior Project Engineer, on behalf of Giao Pham, Public Works Director Subject Utilization of Unobligated Highway Safety Improvement Program (HSIP) Funds Safety Pullouts along Ironwood Drive between Guadalupe Road and Elliot Road Phase 1 The City has pursued and desires to utilize these available funds for the design of safety pullouts along Ironwood Drive between Guadalupe Road and Elliot Road, the first of three phases as follows Design (FY13) Federal-aid Funds. $ 56,580 00 City's Match $ 3,420 00 Subtotal — Design $ 60,000.00 Construction (FY14) Federal-aid Funds: $ 232,803 86 City's Match. $ 14,071 91 Subtotal — Construction $ 246,875.77 Total (Design and Construction) Federal Funds (STP) $ 289,383.86 Total Estimated City Funds $ 17,491.91 Total Estimated Project Costs $ 306,875.77 The Public Works Department is requesting City Council to approve the new Joint Project Agreement (JPA) /Intergovernmental Agreement (IGA) with ADOT (JPA/IGA 13-0000112-I) for the above reference project 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 982-8005 RESOLUTION NO. 13-19 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT MONEY. WHEREAS, Congress established the Highway Safety Improvement Program ("HSIP") for the specific purpose of achieving a significant reduction in traffic fatalities and serious injuries on public roads; and WHEREAS, the State and the City have identified systematic improvements within the City as being eligible under this program; and WHEREAS, the purpose of this joint effort is to allow the State to acquire federal funds for the design and construction of Ironwood Drive Safety Pullouts Phase 1 (the "Project") ; and WHEREAS, the State shall be the designated agent for the City; and WHEREAS, the estimated design total cost of the Project is $60, 000 . 00, including Civil Engineering Design and State Design Review, which represents 100% funding and the construction total cost of the Project is $246, 876. 00; and WHEREAS, Federal-aid funds will contribute $56, 580 . 00 for design and $232, 804 . 00 for construction of the Project; and WHEREAS, the required City leftover matching funds for design of the Project is $3, 420 . 00 and construction cost of the Project is $14, 072 . 00; and WHEREAS, the attached written agreement ("IGA/JPA 13- 0000112-I") sets forth the financial and administrative conditions for design of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APCHE JUNCTION ARIZONA, AS FOLLOWS: 1) The Mayor and City Council hereby approve the attached intergovernmental agreement between the City of Apache RESOLUTION NO. 13-19 PAGE 1 OF 2 emN Junction and the Arizona Department of Transportation ("IGA/JPA 13-0000112-I") and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) Under the terms of IGA/JPA 13-0000112-I, the City will pay for the design and construction costs associated with the Project. 3) The City Manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013. SIGNED AND ATTESTED TO THIS DAY OF , 2013. JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk ems APPROVED AS TO FORM. RICHARD J. STERN City Attorney RESOLUTION NO 13-19 PAGE 2 OF 2 IADOT CAR No • IGA/JPA 13-0000112-I AG Contract No • P001 2013 001393 Project. Two(2) Safety Pullouts Section Ironwood Drive Federal Project No.: APJ-0(207)S ADOT Project No.: SH576 03D/01C TIP/STIP No.: APJ: 13-01D & 13-02C Budget Source Item No.: INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date , 2013, pursuant to the Arizona Revised Statutes §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the"State" or"ADOT")and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL. (the "City") The State and the City are collectively referred to as"Parties" I. RECITALS 1 The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State 2 The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City. 3 Congress has established the Highway Safety Improvement Program (HSIP) as a core Federal- aid for the specific purpose of achieving a significant reduction in traffic fatalities and serious injuries on public roads The State, the Federal Highway Administration (FHWA) and the City have identified systematic improvements within the City as eligible for this funding 4 The improvements proposed in this Agreement, hereinafter referred to as the "Project," include the construction of two (2) safety pullouts along Ironwood Drive with pavement marking upgrade to thermoplastic The State will advertise, bid, and award the Project. 5 The interest of the State in this Project is the acquisition of federal funds for the use and benefit of the City and to authorize such Federal funds for the Project pursuant to Federal law and regulations. The State shall be the designated agent for the City, if the Project is approved by FHWA and funds for the Project are available 6 The Parties shall perform their responsibilities consistent with this Agreement and any change or modification to the Project will only occur with the mutual written consent of both Parties Page 2 IGA/JPA 13-0000112-I 7 The federal funds will be used for the scoping/design and construction of the Project, including the construction engineering and administration cost(CE) The estimated Project costs are as follows SH576 03D (scopinq/desiqn): Federal-aid funds @ 94.3% $ 56,580 00 City's match @ 5 7% $ 3,420 00 Subtotal—Scoping/Design* $ 60,000 00 SH576 01C (construction): Federal-aid funds @ 94 3% (capped) $ 232,804 00 City's match @ 5 7% $ 14,072 00 Subtotal—Construction'* $ 246,876 00 Summary: Total Estimated City Funds $ 17,492 00 Total Federal Funds $ 289,384 00 TOTAL Project Cost $ 306,876.00 * (Design review fee is included in the SH576 03D) **(Includes 15% CE and 5% Project contingencies) The Parties acknowledge that the final bid amount may exceed the initial estimate(s) shown above, and in such case, the City is responsible for, and agrees to pay, any and all eventual, actual costs exceeding the initial estimate If the final bid amount is less than the initial estimate, the difference between the final bid amount and the initial estimate will be de-obligated or otherwise released from the Project The City acknowledges it remains responsible for, and agrees to pay according to the terms of this Agreement, any and all eventual, actual costs exceeding the final bid amount. THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows. 11. SCOPE OF WORK 1 The State will a Upon execution of this Agreement, be the designated agent for the City, if the Project is approved by FHWA and funds for the Project are available b. Upon execution of this Agreement, and prior to performing or authorizing any work, invoice the City for the City's estimated share of the Project Engineering, currently estimated at$3,420.00. Once the Project Engineering costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs c. Upon receipt of the City's estimated share of the Project Engineering costs, currently estimated at $3,420.00, on behalf and with consent of the City, contract with one of the State's on-call consultants ("Consultant") to prepare all pertaining documents for the design and post-design of the Project; review and approve documents required by FHWA to qualify the Project for and to receive federal funds and provide comments to the City as appropriate Such documents may consist of, /110 Page 3 IGA/JPA 13-0000112-I but are not specifically limited to, environmental documents, including the preparation of the analysis requirements for documentation of environmental categorical exclusion determinations, review of reports, design plans, maps, and specifications; geologic materials testing and analysis, right-of-way requirements and activities and such other related tasks essential to the achievement of the objectives of this Agreement Issue the right-of-way clearance after review of the Consultant's right-of-way submittal d Submit all documentation required to the FHWA containing the above-mentioned Project with the recommendation that funding be approved for design and installation The Project will be performed, completed, accepted and paid for in accordance with the requirements of the Project plans and specifications IN lb. e Request the maximum federal funds programmed for this Project, including City contract administration costs Should costs exceed the maximum federal funds available it is understood and agreed that the City will be responsible for any overage f Upon completion of design and prior to bid advertisement, invoice the City, for the City's share of funds for the construction costs of the Project currently estimated at $14,072.00. Once the Project Construction costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs Deobligate or otherwise release any remaining federal funds from the Project g Upon approval by FHWA, with the aid and consent of the City and the FHWA, the State shall proceed to advertise for, receive and open bids subject to the concurrence of the FHWA and the City, to whom the award is made for and enter into a contract(s) with a firms(s) for the installation of the Project Incorporate comments from the City as appropriate. h Be granted, without cost, the right to enter City Rights-of-Way, as required, to conduct any and all construction and preconstruction related activities, including without limitation, temporary construction easements or temporary Rights-of-Entry to accomplish among other things, soil and foundation investigations i Not be obligated to maintain said Project, should the City fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement 2 The City will a Upon execution of the Agreement, designate the State as authorized agent for the City. b Upon execution of this Agreement, prior to performing or authorizing any work, and within thirty (30) days of receipt of an invoice from the State, remit to the State the City's estimated share of the Project Engineering cost, currently estimated at$3,420.00 Once the Project Engineering Cost has been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual cost. c Be responsible for any difference between the estimated and actual design review costs d Review design plans, specifications and other such documents and services required for the construction bidding and installation of the Project and provide comments to the State as appropriate e Upon completion of design, receipt of an invoice from the State, prior to bid advertisement, and within thirty (30) days of receipt of an invoice, remit to the State, the City's share of funds for the construction costs of the Project currently estimated at$14,072.00. Once the Project Construction costs have been finalized, the State will either invoice or reimburse the City for the difference between Page 4 IGA/JPA 13-0000112-I estimated and actual costs De-obligate or otherwise release any remaining federal funds from the scoping/design phase of the Project f Be responsible for all costs incurred in performing and accomplishing the work as set forth under this Agreement, not covered by federal funding Should costs be deemed ineligible or exceed the maximum federal funds available, it is understood and agreed that the City is responsible for these costs, payment for these costs shall be made within thirty (30)days of receipt of an invoice from the State g Be obligated to incur any expenditure should unforeseen conditions or circumstances increase the cost of said work required by a change in the extent of scope of the work requested by the City Such changes require the prior approval of the State and FHWA. Be responsible for any contractor �^ claims for additional compensation caused by Project delays attributable to the City, payment for these costs shall be made within thirty(30) days of receipt of an invoice from the State h Certify that all necessary rights-of-way have been or will be acquired prior to advertisement for bid and also certify that all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the Project area, shall be removed from the proposed nght-of-way, or will be removed prior to the start of construction, in accordance with The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended, 49 CFR 24.102 Basic Acquisition Policies, 49 CFR 24 4 Assurances, Monitoring and Corrective Action, parts (a) & (b) and ADOT ROW Manual. 8 02 Responsibilities, 8.03 Prime Functions, 9.07 Monitoring Process and 9 08 Certification of Compliance Coordinate with the appropriate State's Right-of-Way personnel during any right-of-way process performed by the City, if applicable i Not permit or allow any encroachments upon or private use of the right-of-way, except those authorized by permit in the event of any unauthorized encroachment or improper use, the City shall take all necessary steps to remove or prevent any such encroachment or use j Grant the State, its agents and/or contractors, without cost, the right to enter City Rights-of- Way, as required, to conduct any and all construction and preconstruction related activities, including without limitation, temporary construction easements or temporary Rights-of-Entry to accomplish among other things, soil and foundation investigations. k Upon completion of the Project, agree to accept, maintain and assume full responsibility for said Project in writing I Pursuant to 23 USC 102(b), repay all Federal funds reimbursements for preliminary engineering costs on the Project if it does not advance to right-of-way acquisition or construction within ten (10) years after Federal funds were first made available III. MISCELLANEOUS PROVISIONS 1 The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of said Project and related deposits or reimbursement, except any provisions for maintenance shall be perpetual, unless assumed by another competent entity Further, this Agreement may be cancelled at any time prior to the award of the Project construction contract, upon thirty (30) days written notice to the other party It is understood and agreed that, in the event the City terminates this Agreement, the State shall in no way be obligated to maintain said Project If the federal funding related to this Project is terminated or reduced by the federal government, or if Congress rescinds, fails to renew, or otherwise reduces apportionments or obligation authority, the State shall in no way be obligated for funding or liable for any past, current or future expenses under this Agreement. 2 The State assumes no financial obligation or liability under this Agreement, or for any resulting construction Project The City, in regard to the City's relationship with the State only, assumes full responsibility for the design, plans, specifications, reports, the engineenng in connection therewith and p ION b• Page 5 IGA/JPA 13-0000112-I the construction of the improvements contemplated, cost over-runs and construction claims. It is understood and agreed that the State's participation is confined solely to securing federal aid on behalf of the City and the fulfillment of any other responsibilities of the State as specifically set forth herein, that any damages arising from carrying out, in any respect, the terms of this Agreement or any modification thereof shall be solely the liability of the City and that to the extent permitted by law, the City hereby agrees to save and hold harmless, defend and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all costs and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, misrepresentation, directives, instruction or event arising out of the performance or non performance of any provisions of this Agreement by the State, any of its departments, agencies, officers and employees, AN. or its independent contractors, the City, any of its agents, officers and employees, or its independent contractors Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, and expenses of litigation and attorneys'fees 3. The cost of design, construction and construction engineering work under this Agreement is to be covered by the HSIP funds set aside for this Project, up to the maximum available The City acknowledges that the eventual actual costs may exceed the maximum available amount of HSIP funds, or that certain costs may not be accepted by the federal government as eligible for HSIP funds Therefore, the City agrees to furnish and provide the difference between actual costs and the HSIP funds received 4 The cost of the Project under this Agreement includes applicable indirect costs approved by the FHWA 5 The City and State warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the "Act"). Additionally, in a timely manner, the City will provide information that is requested by the State to enable the State to comply with the requirements of the Act, as may be applicable 6. This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General 7 This Agreement may be cancelled in accordance with Arizona Revised Statutes§ 38-511. 8 To the extent applicable under law, the provisions set forth in Arizona Revised Statutes §§35-214 and 35-215 shall apply to this Agreement. ^` 9 This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U S C 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36 The Parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non-Discrimination" 10 Non-Availability of Funds Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph 11 In the event of any controversy, which may arise out of this Agreement, the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12- 1518 12 All notices or demands upon any Party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows Page 6 IGA/JPA 13-0000112-I Arizona Department of Transportation City of Apache Junction Joint Project Administration Attn. Giao Pham 205 S 17th Avenue, Mail Drop 637E 575 E Baseline Avenue Phoenix,Arizona 85007 Apache Junction, Arizona 85119 (602)712-7124 Phone 480-982-1055 (602) 712-3132 Fax For Financial Matters: Attn Donna Meinerts 300 E Superstition Blvd .�. Apache Junction, Arizona 85119 Phone- 480-474-5451 13 The Parties shall comply with the applicable requirements of Arizona Revised Statutes§41-4401 14 Pursuant to Arizona Revised Statutes §§ 35-391 06 and 35-393.06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes §§ 35- 391 and/or 35-393, as applicable If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement 15. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. 16 In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each Party's legal counsel and that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN INSALACO DALLAS HAMMIT, P.E. Mayor Senior Deputy State Engineer, Development ATTEST' By CATHY CONNELLY City Clerk IGA/JPA 13-0000112-I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY.OF APACHE JUNCTION, an Agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona No opinion is expressed as to the authority of the State to enter into this Agreement. DATED this 23 day of rW y , 2013 Slow City Attorney i 6.ci City of Apache Junction, Arizona 300E Superstition Boulevard U ^4. Apache Junction,AZ /// 85119 �lzotgv Master File Number: 13-075 File ID 13-075 Type: Resolution Status Consent Agenda Version. 1 Reference. In Control. City Council Meeting Requester Cost $20,478 00 File Created. 05/23/2013 File Name. ADOT HSIP Ironwood JPA-2 approval Final Action. Title The mayor and city council shall consider Resolution No 13-20, authorizing the City of Apache Junction to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for use of Highway Safety Improvement Program funds for Phase II of safety pullouts along Ironwood Drive between Guadalupe Road and Elliott Road with a city cost participation not exceed $20,478 00 Consideration and action. Notes Code Sections: Agenda Date. 06/04/2013 Indexes: Community Infrastructure Agenda Number Sponsors. Schmid Enactment Date. Attachments: Resolution 13-20 Memo to Council pdf, Resolution Enactment Number. 13-20 pdf, 20130523 JPA-2 signed pdf Contact Hearing Date. Drafter. eschmid@alcity net Effective Date. History of Legislative File Ver- Acting Body Date Action Sent To Due Date Return Result Sion Date 1 City Council Meeting 06/04/2013 Text of Legislative File 13-075 City of Apache Junction,Arizona Page 1 Printed on 5/28/2013 .PACHF ln Public Works Department U � Z Home of the Superstition Mountains �xM 4Ai pN. MEMORANDUM Date May 16, 2013 To Mayor and Members of City Council Through George Hoffman, City Manager From. Emile Schmid, Senior Project Engineer, on behalf of Ciao Pham, Public Works Director Subject Utilization of Unobligated Highway Safety Improvement Program (HSIP) Funds Safety Pullouts along Ironwood Drive between Guadalupe Road and Elliot Road Phase 2 The City has pursued and desires to utilize these available funds for the design of safety pullouts along Ironwood Drive between Guadalupe Road and Elliot Road, the second of three phases as follows Design (FY13) Federal-aid Funds: $ 37,720 00 City's Match $ 2,280 00 Subtotal — Design $ 40,000.00 Construction (FY15) Federal-aid Funds: $ 301,067 00 City's Match $ 18,198 00 Subtotal — Construction $ 246,875.77 Total (Design and Construction) Federal Funds (STP) $ 338,787.00 Total Estimated City Funds $ 20,478.00 Total Estimated Project Costs $ 359,265.00 The Public Works Department is requesting City Council to approve the new Joint Project Agreement (JPA) /Intergovernmental Agreement (IGA) with ADOT (JPA/IGA 13-0001511-I) for the above reference project 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 982-8005 RESOLUTION NO. 13-20 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT MONEY. .0. WHEREAS, Congress established the Highway Safety Improvement Program ("HSIP") for the specific purpose of achieving a significant reduction in traffic fatalities and serious injuries on public roads; and WHEREAS, the State and the City have identified systematic improvements within the City as being eligible under this program; and WHEREAS, the purpose of this joint effort is to allow the State to acquire federal funds for the design and construction of Ironwood Drive Safety Pullouts Phase 2 (the "Project") ; and WHEREAS, the State shall be the designated agent for the City; and WHEREAS, the estimated design total cost of the Project is $40, 000. 00, including Civil Engineering Design and State Design Review, which represents 100% funding and the construction total cost of the Project is $319, 265 . 00; and WHEREAS, Federal-aid funds will contribute $37, 720. 00 for design and $301, 067 . 00 for construction of the Project; and Ask WHEREAS, the required City leftover matching funds for design of the Project is $2, 280 . 00 and construction cost of the Project is $18, 198 . 00; and WHEREAS, the attached written agreement ("IGA/JPA 13- 0000112-I") sets forth the financial and administrative conditions for design of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The Mayor and City Council hereby approve the attached intergovernmental agreement between the City of Apache RESOLUTION NO. 13-20 PAGE 1 OF 2 Junction and the Arizona Department of Transportation ("IGA/JPA 13-0000112-I") and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) Under the terms of IGA/JPA 13-0000112-I, the City will pay for the design and construction costs associated with the Project . 3) The City Manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013 . SIGNED AND ATTESTED TO THIS DAY OF , 2013 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk p APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 13-20 PAGE 2 OF 2 ADC. „AR No. IGA/JPA 13-0001511 I AG Contract No • P001 2013 001392 Project Two (2) Safety Pullouts Section Ironwood Drive Federal Project No.: APJ-0(208)S ADOT Project No.: SH592 01C 03D TIP/STIP No.: APJ 13-01 D/APJ 13-03C Budget Source Item No.: 728XX INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date , 2013, pursuant to the Arizona Revised Statutes §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State' or"ADOT") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City"). The State and the City are collectively referred to as "Parties " I. RECITALS 1 The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2 The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City 3 Congress has established the Highway Safety Improvement Program (HSIP) as a core Federal- aid for the specific purpose of achieving a significant reduction in traffic fatalities and serious injuries on public roads The State, the Federal Highway Administration (FHWA) and the City have identified systematic improvements within the City as eligible for this funding 4 The improvements proposed in this Agreement, hereinafter referred to as the "Project," include the construction of two (2) safety pullouts along Ironwood Drive with pavement marking upgrade to thermoplastic. The State will advertise, bid, and award the Project. 5 The interest of the State in this Project is the acquisition of federal funds for the use and benefit of the City and to authorize such Federal funds for the Project pursuant to Federal law and regulations The State shall be the designated agent for the City, if the Project is approved by FHWA and funds for the Project are available 6 The Parties shall perform their responsibilities consistent with this Agreement and any change or modification to the Project will only occur with the mutual written consent of both Parties 7 The federal funds will be used for the scoping/design and construction of the Project, including the construction engineering and administration cost (CE) The estimated Project costs are as follows. Page 2 IGA/JPA 13-0001511I SH592 03D (scopinp/design): Federal-aid funds @ 94 3% $ 37,720 00 City's match @ 5 7% $ 2,280.00 Subtotal—Scoping/Design* $ 40,000 00 SH592 01C (construction): Federal-aid funds @ 94 3% (capped) $ 301,067 00 City's match @ 5 7% $ 18,198 00 Subtotal—Construction** $ 319,265 00 Summary: Total Estimated City Funds $ 20,478 00 Total Federal Funds $ 338,787 00 TOTAL Project Cost $ 359,265.00 * (Design review fee is included in the SH592 03D) ** (Includes 15%CE and 5% Project contingencies) The Parties acknowledge that the final bid amount may exceed the initial estimate(s) shown above, and in such case, the City is responsible for, and agrees to pay, any and all eventual, actual costs exceeding the initial estimate If the final bid amount is less than the initial estimate, the difference between the final bid amount and the initial estimate will be de-obligated or otherwise released from the Project The City acknowledges it remains responsible for, and agrees to pay according to the terms of this Agreement, any and all eventual, actual costs exceeding the final bid amount THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows: II. SCOPE OF WORK .-. 1 The State will a Upon execution of this Agreement, be the designated agent for the City, if the Project is approved by FHWA and funds for the Project are available b Upon execution of this Agreement, and prior to performing or authorizing any work, invoice the City for the City's estimated share of the Project Engineering, currently estimated at $2,280.00 Once the Project Engineering costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs c Upon receipt of the the City's estimated share of the Project Engineering costs, currently estimated at $2,280.00, on behalf and with consent of the City, contract with one of the State's on-call consultants ("Consultant") to prepare all pertaining documents for the design and post-design of the Project, review and approve documents required by FHWA to qualify the Project for and to receive federal funds and provide comments to the City as appropriate Such documents may consist of, but are not specifically limited to, environmental documents, including the preparation of the analysis requirements for documentation of environmental categorical exclusion determinations; review of reports, Page 3 IGA/JPA 13-0001511I design plans, maps, and specifications, geologic materials testing and analysis, right-of-way requirements and activities and such other related tasks essential to the achievement of the objectives of this Agreement Issue the right-of-way clearance after review of the Consultant's right-of-way submittal d. Submit all documentation required to the FHWA containing the above-mentioned Project with the recommendation that funding be approved for design and installation The Project will be performed, completed, accepted and paid for in accordance with the requirements of the Project plans and specifications e Request the maximum federal funds programmed for this Project, including City contract administration costs Should costs exceed the maximum federal funds available it is understood and agreed that the City will be responsible for any overage f Upon completion of design and prior to bid advertisement, invoice the City, for the City's share of funds for the construction costs of the Project currently estimated at $18,198.00. Once the Project Construction costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs Deobligate or otherwise release any remaining federal funds from the Project g. Upon approval by FHWA, with the aid and consent of the City and the FHWA, the State shall proceed to advertise for, receive and open bids subject to the concurrence of the FHWA and the City, to whom the award is made for and enter into a contract(s) with a firms(s) for the installation of the Project Incorporate comments from the City as appropriate h Be granted, without cost, the right to enter City Rights-of-Way, as required, to conduct any and all construction and preconstruction related activities, including without limitation, temporary construction easements or temporary Rights-of-Entry to accomplish among other things, soil and foundation investigations i Not be obligated to maintain said Project, should the City fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement 2 The City will a Upon execution of the Agreement, designate the State as authorized agent for the City b Upon execution of this Agreement, prior to performing or authorizing any work, and within thirty (30) days of receipt of an invoice from the State, remit to the State the City's estimated share of the Project Engineering cost, currently estimated at $2,280.00 Once the Project Engineering Cost has been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual cost c Be responsible for any difference between the estimated and actual design review costs. d Review design plans, specifications and other such documents and services required for the construction bidding and installation of the Project and provide comments to the State as appropriate e Upon completion of design, receipt of an invoice from the State, prior to bid advertisement, and within thirty (30) days of receipt of an invoice, remit to the State, the City's share of funds for the construction costs of the Project currently estimated at $18,198.00. Once the Project Construction costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs De-obligate or otherwise release any remaining federal funds from the scoping/design phase of the Project Page 4 IGA/JPA 13-0001511I f Be responsible for all costs incurred in performing and accomplishing the work as set forth under this Agreement, not covered by federal funding. Should costs be deemed ineligible or exceed the maximum federal funds available, it is understood and agreed that the City is responsible for these costs, payment for these costs shall be made within thirty (30) days of receipt of an invoice from the State g Be obligated to incur any expenditure should unforeseen conditions or circumstances increase the cost of said work required by a change in the extent of scope of the work requested by the City Such changes require the prior approval of the State and FHWA Be responsible for any contractor claims for additional compensation caused by Project delays attributable to the City, payment for these costs shall be made within thirty (30) days of receipt of an invoice from the State h Certify that all necessary rights-of-way have been or will be acquired prior to advertisement for bid and also certify that all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the Project area, shall be removed from the proposed right-of-way, or will be removed prior to the start of construction, in accordance with The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended, 49 CFR 24 102 Basic Acquisition Policies, 49 CFR 24 4 Assurances, Monitoring and Corrective Action, parts (a) & (b) and ADOT ROW Manual 8 02 Responsibilities, 8 03 Prime Functions, 9 07 Monitoring Process and 9 08 Certification of Compliance Coordinate with the appropriate State's Right-of-Way personnel during any right-of-way process performed by the City, if applicable i Not permit or allow any encroachments upon or private use of the right-of-way, except those authorized by permit In the event of any unauthorized encroachment or improper use, the City shall take all necessary steps to remove or prevent any such encroachment or use j. Grant the State, its agents and/or contractors, without cost, the right to enter City Rights-of- Way, as required, to conduct any and all construction and preconstruction related activities, including without limitation, temporary construction easements or temporary Rights-of-Entry to accomplish among other things, soil and foundation investigations k Upon completion of the Project, agree to accept, maintain and assume full responsibility for said Project in writing I Pursuant to 23 USC 102(b), repay all Federal funds reimbursements for preliminary engineering costs on the Project if it does not advance to right-of-way acquisition or construction within ten (10) years after Federal funds were first made available III. MISCELLANEOUS PROVISIONS 1 The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of said Project and related deposits or reimbursement, except any provisions for maintenance shall be perpetual, unless assumed by another competent entity Further, this Agreement may be cancelled at any time prior to the award of the Project construction contract, upon thirty (30) days written notice to the other party It is understood and agreed that, in the event the City terminates this Agreement, the State shall in no way be obligated to maintain said Project If the federal funding related to this Project is terminated or reduced by the federal government, or if Congress rescinds, fails to renew, or otherwise reduces apportionments or obligation authority, the State shall in no way be obligated for funding or liable for any past, current or future expenses under this Agreement. 2 The State assumes no financial obligation or liability under this Agreement, or for any resulting construction Project The City, in regard to the City's relationship with the State only, assumes full responsibility for the design, plans, specifications, reports, the engineering in connection therewith and the construction of the improvements contemplated, cost over-runs and construction claims It is understood and agreed that the State's participation is confined solely to securing federal aid on behalf of Page 5 IGA/JPA 13-0001511I the City and the fulfillment of any other responsibilities of the State as specifically set forth herein, that any damages arising from carrying out, in any respect, the terms of this Agreement or any modification thereof shall be solely the liability of the City and that to the extent permitted by law, the City hereby agrees to save and hold harmless, defend and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all costs and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, misrepresentation, directives, instruction or event arising out of the performance or non performance of any provisions of this Agreement by the State, any of its departments, agencies, officers and employees, or its independent contractors, the City, any of its agents, officers and employees, or its independent contractors Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, and expenses of litigation and attorneys' fees 3 The cost of design, construction and construction engineering work under this Agreement is to be covered by the HSIP funds set aside for this Project, up to the maximum available The City acknowledges that the eventual actual costs may exceed the maximum available amount of HSIP funds, or that certain costs may not be accepted by the federal government as eligible for HSIP funds Therefore, the City agrees to furnish and provide the difference between actual costs and the HSIP funds received 4 The cost of the Project under this Agreement includes applicable indirect costs approved by the FHWA 5 The City and State warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the "Act") Additionally, in a timely manner, the City will provide information that is requested by the State to enable the State to comply with the requirements of the Act, as may be applicable 6 This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. 7 This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511 8 To the extent applicable under law, the provisions set forth in Arizona Revised Statutes §§ 35-214 and 35-215 shall apply to this Agreement 9 This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U S C 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36 The Parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non-Discrimination" 10. Non-Availability of Funds Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph 11 In the event of any controversy, which may arise out of this Agreement, the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12- 1518 12 All notices or demands upon any Party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows Page 6 IGA/JPA 13-0001511I Arizona Department of Transportation City of Apache Junction Joint Project Administration Attn Giao Pham 205 S 17th Avenue, Mail Drop 637E 575 E Baseline Avenue Phoenix, Arizona 85007 Apache Junction, Arizona 85119 (602) 712-7124 Phone 480-982-1055 (602) 712-3132 Fax For Financial Matters Attn. Donna Meinerts 300 E Superstition Blvd Apache Junction, Arizona 85119 Phone 480-474-5451 13 The Parties shall comply with the applicable requirements of Arizona Revised Statutes §41-4401 14 Pursuant to Arizona Revised Statutes §§ 35-391 06 and 35-393 06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes §§ 35- 391 and/or 35-393, as applicable If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement. 15 The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended 16 In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each Party's legal counsel and that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN S. INSALACO DALLAS HAMMIT, P.E. Mayor Senior Deputy State Engineer, Development ATTEST By KATHY CONNELLY City Clerk IGA/JPA 13-0001511I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an Agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona No opinion is expressed as to the authority of the State to enter into this Agreement DATED this day of , 2013 City Attorney City of Apache Junction, Arizona 300E Superstition � Boulevard tu Apache Junction,AZ 85119 �<< ,,? Master File Number 13-076 File ID. 13-076 Type Resolution Status. Consent Agenda Version 1 Reference: In Control. City Council Meeting Requester Cost. $19,904 00 File Created- 05/23/2013 File Name- ADOT HSIP Ironwood JPA-3 approval Final Action Title: The mayor and city council shall consider Resolution No 13-21, authorizing the City of Apache Junction to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for use of Highway Safety Improvement Program funds for Phase Ill of safety pullouts along Ironwood Drive between Baseline Road and Guadalupe Road with a city cost participation not exceed $19,904 00 Consideration and action. Notes Code Sections. Agenda Date. 06/04/2013 Indexes Community Infrastructure Agenda Number Sponsors. Schmid Enactment Date. Attachments Resolution 13-21 pdf, 20130523 JPA-3 signed pdf, Enactment Number- Resolution 13-21 Memo to Council pdf Contact. Hearing Date: Drafter eschmid@ajcity net Effective Date: History of Legislative File Ver- Acting Body Date Action Sent To Due Date Return Result sion Date 1 City Council Meeting 06/04/2013 Text of Legislative File 13-076 City of Apache Junction,Arizona Page 1 Printed on 5/28/2013 P+AchE Public Works Department ra)°*". 2 W*94 ‘te7J-era'azfiz Home of the Superstition Mountains IrettigalW AI oN MEMORANDUM Date May 16, 2013 To Mayor and Members of City Council Through George Hoffman, City Manager From Emile Schmid, Senior Project Engineer, on behalf of Giao Pham, Public Works Director Subject: Utilization of Unobligated Highway Safety Improvement Program (HSIP) Funds Safety Pullouts Along Ironwood Drive between Guadalupe Rd and Baseline Ave Phase 3 The City has pursued and desires to utilize these available funds for the design of safety pullouts along Ironwood Drive between Guadalupe Road and Baseline Avenue, the third of three phases as follows Design (FY13) Federal-aid Funds. $ 29,383 00 City's Match $ 1,776 00 Subtotal — Design $ 31,159.00 Construction (FY16) Federal-aid Funds. $ 299,902 00 City's Match $ 18,128 00 Subtotal — Construction $ 318,030.00 Total (Design and Construction) Federal Funds (STP) $ 329,285.00 Total Estimated City Funds $ 19,904.00 Total Estimated Project Costs $ 349,189.00 The Public Works Department is requesting City Council to approve the new Joint Project Agreement (JPA) /Intergovernmental Agreement (IGA) with ADOT (JPA/IGA 13-0001510-I) for the above reference project 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 982-8005 - ft. Aft RESOLUTION NO. 13-21 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT MONEY. ,.� WHEREAS, Congress established the Highway Safety Improvement Program ("HSIP") for the specific purpose of achieving a significant reduction in traffic fatalities and serious injuries on public roads; and WHEREAS, the State and the City have identified systematic improvements within the City as being eligible under this program; and WHEREAS, the purpose of this joint effort is to allow the State to acquire federal funds for the design and construction of Ironwood Drive Safety Pullouts Phase 3 (the "Project") ; and WHEREAS, the State shall be the designated agent for the City; and WHEREAS, the estimated design total cost of the Project is $31, 159. 00, including Civil Engineering Design and State Design Review, which represents 100% funding and the construction total cost of the Project is $318, 030 . 00; and WHEREAS, Federal-aid funds will contribute $29, 383. 00 for design and $299, 902 . 00 for construction of the Project; and WHEREAS, the required City leftover matching funds for design of the Project is $1, 776. 00 and construction cost of the Project is $18, 128 . 00; and WHEREAS, the attached written agreement ("IGA/JPA 13- 0001510-I") sets forth the financial and administrative conditions for design of the Project . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The Mayor and City Council hereby approve the attached intergovernmental agreement between the City of Apache RESOLUTION NO. 13-21 PAGE 1 OF 2 Junction and the Arizona Department of Transportation ("IGA/JPA 13-0001510-I") and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) Under the terms of IGA/JPA 13-0001510-I, the City will pay for the design and construction costs associated with the Project. 3) The City Manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013 . SIGNED AND ATTESTED TO THIS DAY OF , 2013 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 13-21 PAGE 2 OF 2 ADC., CAR No IGA/JPA 13-0001510 I AG Contract No.. P001 2013 001391 Project Two (2) Safety Pullouts Section Ironwood Drive Federal Project No.: ADOT Project No.: SH591 01C/03D TIP/STIP No: APJ 13-01D/APJ 13-04C Budget Source Item No : INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date , 2013, pursuant to the Arizona Revised Statutes §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State" or"ADOT") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City'). The State and the City are collectively referred to as "Parties " I. RECITALS 1 The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State 2 The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City. 3 Congress has established the Highway Safety Improvement Program (HSIP) as a core Federal- aid for the specific purpose of achieving a significant reduction in traffic fatalities and serious injuries on public roads The State, the Federal Highway Administration (FHWA) and the City have identified systematic improvements within the City as eligible for this funding 4. The improvements proposed in this Agreement, hereinafter referred to as the "Project," include the construction of two (2) safety pullouts along Ironwood Drive with pavement marking upgrade to thermoplastic The State will advertise, bid, and award the Project. 5 The interest of the State in this Project is the acquisition of federal funds for the use and benefit of the City and to authorize such Federal funds for the Project pursuant to Federal law and regulations The State shall be the designated agent for the City, if the Project is approved by FHWA and funds for the Project are available. 6 The Parties shall perform their responsibilities consistent with this Agreement and any change or modification to the Project will only occur with the mutual written consent of both Parties 7 The federal funds will be used for the scoping/design and construction of the Project, including the construction engineering and administration cost(CE) The estimated Project costs are as follows Page 2 IGA/JPA 13-0001510I SH591 03D (scopinq/design): Federal-aid funds @ 94 3% $ 29,383 00 City's match @ 5 7% $ 1,776 00 Subtotal—Scoping/Design* $ 31,15900 SH591 01 C(construction): Federal-aid funds @ 94 3% (capped) $ 299,902 00 City's match @ 5 7% $ 18,128.00 Subtotal—Construction** $ 318,030 00 Summary: Total Estimated City Funds $ 19,904 00 Total Federal Funds $ 329,285 00 TOTAL Project Cost $ 349,189 00 * (Design review fee is included in the SH591 03D) ** (Includes 15% CE and 5% Project contingencies) The Parties acknowledge that the final bid amount may exceed the initial estimate(s) shown above, and in such case, the City is responsible for, and agrees to pay, any and all eventual, actual costs exceeding the initial estimate If the final bid amount is less than the initial estimate, the difference between the final bid amount and the initial estimate will be de-obligated or otherwise released from the Project The City acknowledges it remains responsible for, and agrees to pay according to the terms of this Agreement, any and all eventual, actual costs exceeding the final bid amount THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows* II. SCOPE OF WORK 1. The State will a Upon execution of this Agreement, be the designated agent for the City, if the Project is approved by FHWA and funds for the Project are available b. Upon execution of this Agreement, and prior to performing or authorizing any work, invoice the City for the City's estimated share of the Project Engineering, currently estimated at$1,776.00 Once the Project Engineering costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs c Upon receipt of the the City's estimated share of the Project Engineering costs, currently estimated at $1,776.00, on behalf and with consent of the City, contract with one of the State's on-call consultants ("Consultant") to prepare all pertaining documents for the design and post-design of the Project, review and approve documents required by FHWA to qualify the Project for and to receive federal funds and provide comments to the City as appropriate Such documents may consist of, but are not specifically limited to, environmental documents, including the preparation of the analysis requirements for documentation of environmental categorical exclusion determinations, review of reports, Page 3 IGA/JPA 13-0001510I design plans, maps, and specifications, geologic materials testing and analysis, right-of-way requirements and activities and such other related tasks essential to the achievement of the objectives of this Agreement Issue the right-of-way clearance after review of the Consultant's right-of-way submittal d Submit all documentation required to the FHWA containing the above-mentioned Project with the recommendation that funding be approved for design and installation The Project will be performed, completed, accepted and paid for in accordance with the requirements of the Project plans and specifications e Request the maximum federal funds programmed for this Project, including City contract administration costs Should costs exceed the maximum federal funds available it is understood and agreed that the City will be responsible for any overage. f Upon completion of design and prior to bid advertisement, invoice the City, for the City's share of funds for the construction costs of the Project currently estimated at $18,128.00. Once the Project Construction costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs Deobligate or otherwise release any remaining federal funds from the Project g Upon approval by FHWA, with the aid and consent of the City and the FHWA, the State shall proceed to advertise for, receive and open bids subject to the concurrence of the FHWA and the City, to whom the award is made for and enter into a contract(s) with a firms(s) for the installation of the Project Incorporate comments from the City as appropriate h Be granted, without cost, the right to enter City Rights-of-Way, as required, to conduct any and all construction and preconstruction related activities, including without limitation, temporary construction easements or temporary Rights-of-Entry to accomplish among other things, soil and foundation investigations i Not be obligated to maintain said Project, should the City fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement 2 The City will a Upon execution of the Agreement, designate the State as authorized agent for the City b Upon execution of this Agreement, prior to performing or authorizing any work, and within thirty (30) days of receipt of an invoice from the State, remit to the State the City's estimated share of the Project Engineering cost, currently estimated at $1,776 00 Once the Project Engineering Cost has been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual cost c Be responsible for any difference between the estimated and actual design review costs. d Review design plans, specifications and other such documents and services required for the construction bidding and installation of the Project and provide comments to the State as appropriate e. Upon completion of design, receipt of an invoice from the State, prior to bid advertisement, and within thirty (30) days of receipt of an invoice, remit to the State, the City's share of funds for the construction costs of the Project currently estimated at $18,128.00. Once the Project Construction costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs De-obligate or otherwise release any remaining federal funds from the scoping/design phase of the Project Page 4 IGA/JPA 13-00015101 f Be responsible for all costs incurred in performing and accomplishing the work as set forth under this Agreement, not covered by federal funding Should costs be deemed ineligible or exceed the maximum federal funds available, it is understood and agreed that the City is responsible for these costs, payment for these costs shall be made within thirty (30) days of receipt of an invoice from the State g Be obligated to incur any expenditure should unforeseen conditions or circumstances increase the cost of said work required by a change in the extent of scope of the work requested by the City Such changes require the prior approval of the State and FHWA Be responsible for any contractor claims for additional compensation caused by Project delays attributable to the City, payment for these costs shall be made within thirty (30) days of receipt of an invoice from the State h. Certify that all necessary rights-of-way have been or will be acquired prior to advertisement for bid and also certify that all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the Project area, shall be removed from the proposed right-of-way, or will be removed prior to the start of construction, in accordance with The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended; 49 CFR 24.102 Basic Acquisition Policies, 49 CFR 24.4 Assurances, Monitoring and Corrective Action, parts (a) & (b) and ADOT ROW Manual 8 02 Responsibilities, 8 03 Prime Functions, 9 07 Monitoring Process and 9 08 Certification of Compliance Coordinate with the appropriate State's Right-of-Way personnel during any right-of-way process performed by the City, if applicable i Not permit or allow any encroachments upon or private use of the right-of-way, except those authorized by permit In the event of any unauthorized encroachment or improper use, the City shall take all necessary steps to remove or prevent any such encroachment or use j Grant the State, its agents and/or contractors, without cost, the right to enter City Rights-of- Way, as required, to conduct any and all construction and preconstruction related activities, including without limitation, temporary construction easements or temporary Rights-of-Entry to accomplish among other things, soil and foundation investigations k Upon completion of the Project, agree to accept, maintain and assume full responsibility for said Project in writing I Pursuant to 23 USC 102(b), repay all Federal funds reimbursements for preliminary engineering costs on the Project if it does not advance to right-of-way acquisition or construction within ten (10) years after Federal funds were first made available III. MISCELLANEOUS PROVISIONS 1 The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of said Project and related deposits or reimbursement, except any provisions for maintenance shall be perpetual, unless assumed by another competent entity Further, this Agreement may be cancelled at any time prior to the award of the Project construction contract, upon thirty (30) days written notice to the other party It is understood and agreed that, in the event the City terminates this Agreement, the State shall in no way be obligated to maintain said Project If the federal funding related to this Project is terminated or reduced by the federal government, or if Congress rescinds, fails to renew, or otherwise reduces apportionments or obligation authority, the State shall in no way be obligated for funding or liable for any past, current or future expenses under this Agreement 2 The State assumes no financial obligation or liability under this Agreement, or for any resulting construction Project The City, in regard to the City's relationship with the State only, assumes full responsibility for the design, plans, specifications, reports, the engineering in connection therewith and the construction of the improvements contemplated, cost over-runs and construction claims It is understood and agreed that the State's participation is confined solely to securing federal aid on behalf of Page 5 IGA/JPA 13-0001510I the City and the fulfillment of any other responsibilities of the State as specifically set forth herein, that any damages arising from carrying out, in any respect, the terms of this Agreement or any modification thereof shall be solely the liability of the City and that to the extent permitted by law, the City hereby agrees to save and hold harmless, defend and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all costs and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, misrepresentation, directives, instruction or event arising out of the performance or non performance of any provisions of this Agreement by the State, any of its departments, agencies, officers and employees, or its independent contractors, the City, any of its agents, officers and employees, or its independent contractors Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, and expenses of litigation and attorneys' fees 3. The cost of design, construction and construction engineering work under this Agreement is to be covered by the HSIP funds set aside for this Project, up to the maximum available The City acknowledges that the eventual actual costs may exceed the maximum available amount of HSIP funds, or that certain costs may not be accepted by the federal government as eligible for HSIP funds Therefore, the City agrees to furnish and provide the difference between actual costs and the HSIP funds received 4 The cost of the Project under this Agreement includes applicable indirect costs approved by the FHWA 5 The City and State warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the "Act") Additionally, in a timely manner, the City will provide information that is requested by the State to enable the State to comply with the requirements of the Act, as may be applicable 6 This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. 7 This Agreement may be cancelled in accordance with Arizona Revised Statutes§ 38-511 8 To the extent applicable under law, the provisions set forth in Arizona Revised Statutes§§ 35-214 and 35-215 shall apply to this Agreement 9 This Agreement is subject to all applicable provisions of the Americans with Disabilities Act .••. (Public Law 101-336, 42 U S C 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36 The Parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non-Discrimination" 10 Non-Availability of Funds. Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph 11 In the event of any controversy, which may arise out of this Agreement, the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12- 1518 12 All notices or demands upon any Party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows Page 6 IGA/JPA 13-00015101 Arizona Department of Transportation City of Apache Junction Joint Project Administration Attn. Giao Pham 205 S. 171h Avenue, Mail Drop 637E 575 E Baseline Avenue Phoenix, Arizona 85007 Apache Junction, Arizona 85119 (602) 712-7124 Phone 480-982-1055 (602) 712-3132 Fax For Financial Matters: Attn Donna Meinerts 300 E Superstition Blvd Apache Junction, Arizona 85119 Phone 480-474-5451 13. The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 41-4401 14 Pursuant to Arizona Revised Statutes §§ 35-391 06 and 35-393 06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes §§ 35- 391 and/or 35-393, as applicable If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement 15. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended 16 In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each Party's legal counsel and that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN S. INSALACO DALLAS HAMMIT, P.E. Mayor Senior Deputy State Engineer, Development ATTEST By KATHY CONNELLY City Clerk IGA/JPA 13-0001510I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an Agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona No opinion is expressed as to the authority of the State to enter into this Agreement DATED this day of , 2013 City Attorney p ROLL CALL VOTE NOTES ITEM # V MEETI OF IP i l't r I i 4) MOTION BY: P SECONDED BY: YE NO ABSTAINED COUNCILMEMBER EVANS COUNCILMEMBER BARKER V VICE MAYOR DIETZ Vi COUNCILMEMBER WALDRON V/ COUNCILMEMBER SERDY V COUNCILMEMBER WILSON IVMAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEM NOS. 1-6 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT RESOLUTION NO 13-22, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL AND MARICOPA COUNTIES, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE GENERAL ELECTION HELD ON MAY 21, 2013, BE APPROVED, AND THAT RESOLUTION NO 13-19, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT MONEY FOR PHASE I OF SAFETY PULLOUTS ALONG IRONWOOD DRIVE BETWEEN GUADALUPE ROAD AND ELLIOTT ROAD WITH A CITY COST NOT TO EXCEED $17,491 91, BE APPROVED, AND THAT RESOLUTION NO. 13-20, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT MONEY FOR PHASE II OF SAFETY PULLOUTS ALONG IRONWOOD DRIVE BETWEEN GUADALUPL ROAD AND ELLIOTT ROAD WITH A CITY COST NOT TO EXCEED $20,478 00, BE APPROVED, AND THAT RESOLUTION NO 13-21, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT MONEY FOR PHASE III OF SAFETY PULLOUTS ALONG IRONWOOD DRIVE BETWEEN GUADALUPE ROAD AND ELLIOTT ROAD WITH A CITY COST NOT TO EXCEED $19,904.00, BE APPROVED = City of Apache Junction, Arizona 300E Superstition Boulevard Apache Junction,AZ Nilo. /4 85119 Master File Number: 13-067 File ID. 13-067 Type. Oath of Office Status Awards/Presentatio ns/Proclamations Version: 1 Reference. In Control. City Council Meeting Requester. Cost. File Created. 05/23/2013 File Name. Oaths of office Final Action. Title Oath of office and seating of newly elected mayor and councilmembers As required by law, the city clerk will administer the oaths of office to Mayor-elect Insalaco and Councilmembers-elect Evans, Rizzi and Waldron Notes Code Sections Agenda Date 06/04/2013 Indexes Local/State/Federal Statutory Requirement Agenda Number Sponsors- Connelly Enactment Date Attachments. OATH CC insalaco, CERT CCLlnsalaco, OATH CC Enactment Number. Evans, CERT CCL Evans, OATH CC Rizzi, CERT CCL rizzi, OATH CC Waldron, CERT CCL waldron Contact. Hearing Date. Drafter sheninger@ajcity net Effective Date: History of Legislative File Ver- Acting Body Date Action Sent To Due Date Return Result sion Date. 1 City Council Meeting 06/04/2013 Text of Legislative File 13-067 City of Apache Junction,Arizona Page 1 Printed on 5/28/2013 City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) County of Pmal ) ss City of Apache Junction ) I, JOHN S. INSALACO, do solemnly swear that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, and the Ordinances of the City of Apache Junction; that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign or domestic, and that I will faithfully and impartially discharge the duties of the office of Mayor according to the best of my ability, so help me God. Signature Subscribed and sworn to before me this 4th day of June,2013. City Clerk CERTIFICATE OF ELECTION I, Kathleen Connelly, Clerk of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona DO HEREBY CERTIFY that at a Primary Election held in and for the City of Apache Junction on the 12th day of March, 2013, John S . Insalaco was duly elected to the office of Mayor of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona, as appears by the official returns approved by the City Council and on file in my office IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Apache Junction this 4th day of June, 2013. Kathleen Connelly City Clerk City of Apache Junction 4/NW OATH OF OFFICE STATE OF ARIZONA ) County of Pinal ) ss City of Apache Junction ) I, GAIL EVANS, do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, and the Ordinances of the City of Apache Junction, that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign or domestic, and that I will faithfully and impartially discharge the duties of the office of Councilmember according to the best of my ability, so help me God. Signature Subscribed and sworn to before me this 4th day of June,2013 City Clerk r C E R T I FI CATE OF E L E C T I ON I, Kathleen Connelly, Clerk of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona DO HEREBY CERTIFY that at a Primary Election held in and for the City of Apache Junction on the 12th day of March, 2013, Gail Evans was duly elected to the office of Councilmember of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona, as appears by the official returns approved by the City Council and on file in my office IN WITNESS THEREOF, I have hereunto set my hand and affixed the official ' seal of the City of Apache Junction this 4th day of June, 2013. Kathleen Connelly City Clerk City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) County of Final ) ss City of Apache Junction ) I,CHRISTA RIZZI, do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, and the Ordinances of the City of Apache Junction; that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign or domestic, and that I will faithfully and impartially discharge the duties of the office of Councilmember according to the best of my ability, so help me God. Signature Subscribed and sworn to before me this 4th day of June,2013. City Clerk ► ► CERTIFICATE OF ELECTION I, Kathleen Connelly, Clerk of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona DO HEREBY CERTIFY that at a General Election held in and for the City of Apache Junction on the 21st day of May, 2013, Christa Rizzi was duly elected to the office of Councilmember of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona, as appears by the official returns approved by the City Council and on file in my office. IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the ► City of Apache Junction this 4th day of June, 2013. Kathleen Connelly City Clerk City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) County of Pinal ) ss City of Apache Junction ) I, DAVE WALDRON, do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, and the Ordinances of the City of Apache Junction; that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign or domestic, and that I will faithfully and impartially discharge the duties of the office of Councilmember according to the best of my ability,so help me God. Signature Subscribed and sworn to before me this 4th day of June,2013. City Clerk CERTIFICATE OF ELECTION I, Kathleen Connelly, Clerk of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona DO HEREBY CERTIFY that at a General Election held in and for the City of Apache Junction on the 21st day of May, 2013, Dave Waldron was duly elected to the office of Councilmember of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona, as appears by the official returns approved by the City Council and on file in my office IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Apache Junction this 4th day of June, 2013. Kathleen Connelly City Clerk R µCHf-J�. ;Di �� City of Apache Junction Azona 300 E Superstition �`� Boulevard (s.-}' Apache Junction,AZ �} / 85119 �, i 1% Master File Number 13-068 File ID. 13-068 Type Awards Status Awards/Presentatio ns/Proclamations Version. 1 Reference. In Control. City Council Meeting ASIMIlk Requester. Cost. File Created 05/23/2013 File Name. Vice mayor plaque Final Action. Vice mayor plaque Title. Presentation of plaque to retiring Vice Mayor Dietz by Mayor Insalaco Presentation. Notes Code Sections. Agenda Date. 06/04/2013 Indexes. City Internal Issue Agenda Number. Sponsors. Insalaco Enactment Date. Attachments- Enactment Number Contact. Hearing Date. Drafter: sheninger@ajcity net Effective Date. History of Legislative File Ver- Acting Body Date Action Sent To Due Date. Return Result. sion Date. II lir. 1 City Council Meeting 06/04/2013 Text of Legislative File 13-068 City of Apache Junction,Arizona Page 1 Printed on 5/28/2013 Jar AGHf 300E Superstition City of Apache Junction, Arizona / 4 Boulevard iuf 2: Apache Junction,AZ • , 85119 12/ - '�Q • Master►to � File Number. 13-057 File ID. 13-057 Type. Report/Update Status. City Manager's Report Version 1 Reference. In Control. City Council Meeting Requester Cost. File Created 05/15/2013 File Name. City Manager's Report Final Action Title. Manager's report Presentation Notes Code Sections. Agenda Date 06/04/2013 Indexes. Agenda Number Sponsors Enactment Date. Attachments. Enactment Number. Contact. Hearing Date. 06/04/2013 Drafter. amccray@alcity net Effective Date: History of Legislative File Ver- Acting Body Date Action Sent To Due Date Return Result sion Date 1 City Council Meeting 06/04/2013 Text of Legislative File 13-057 City of Apache Junction,Arizona Page 1 Printed on 5/28/2013 411.1114 AEI. °~" City of Apache Junction, Arizona 300E Superstition `1c,Cil } Boulevard lelApache Junction,AZ 85119 ° ,; Master File Number 13-077 File ID. 13-077 Type. Legislative Update Status City Manager's Report Version 1 Reference. In Control. City Council Meeting Requester Cost. File Created. 05/23/2013 File Name- Legislative Update Final Action. Title. Legislative Update Presentation. Notes. Code Sections. Agenda Date. 06/04/2013 Indexes* Agenda Number Sponsors: Busby Enactment Date. Attachments. Enactment Number. Contact Hearing Date Drafter amccray@ajcity net Effective Date. History of Legislative File Ver Acting Body Date Action Sent To Due Date Return Result sion Date 1 City Council Meeting 06/04/2013 Text of Legislative File 13-077 City of Apache Junction,Arizona Page 1 Printed on 5/28/2013 PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 13-16,AUTHORIZING THE CITY TO SUBMIT A GRANT APPLICATION FO RFISCAL YEAR 2013 COMMUNITY DEVELOPMENT BLOCK GRANT AND FISCAL YEAR 2013 STATE SPECIAL PROJECTS FUNDS. 2. Will PROGRAM COORDINATOR HEATHER PATEL speak to the Council9 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 item9 (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. ii•R . y City of Apache Junction, Arizona 300E Superstition t' Boulevard Apache Junction,AZ 85119 - 1 Master File Number 13-060 File ID. 13-060 Type Resolution Status. Public Hearing Version. 1 Reference. In Control: City Council Meeting "" Requester Cost File Created. 05/20/2013 File Name Resolution 13-16-FY 13 CDBG SSP Final Action: Title The mayor and city council shall hold a public hearing regarding proposed Resolution No 13-16, authorizing the city to submit a grant application for Fiscal Year 2013 Community Development Block Grant and Fiscal Year 2013 State Special Project funds Discussion and action Notes. Code Sections Agenda Date• 06/04/2013 Indexes. Community Development Agenda Number. Sponsors. Patel Enactment Date: Attachments Staff Report, Resolution 13-16 Enactment Number Contact. Hearing Date. Drafter. hpatel@ajcity net Effective Date History of Legislative File Ver- Acting Body Date Action Sent To Due Date Return Result sion Date 1 City Council Meeting 06/04/2013 Text of Legislative File 13-060 City of Apache Junction,Arizona Page 1 Printed on 5/28/2013 k p AGM J 0 o U j a' City of Apache Junction 4R1Zfl P Development Services Department MEMORANDUM DATE: May 23, 2013 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Coordinator SUBJECT: Public Hearing regarding Proposed Resolution No 13-16 (Authority to Submit) for Fiscal Year 2013 Community Development Block Grant and Fiscal Year 2013 State Special Project funds. REQUEST Staff respectfully requests the city council. 1) Review and discuss rescinding Resolution No 12-40; 2) Conduct a public hearing to receive and discuss new projects for the submission of Fiscal Year 2013 ("FY13") Community Development Block Grant Regional Account ("CDBG") and Fiscal Year 2013 ("FY13") State Special Project("SSP") applications, 3) Select projects to be submitted under the FY13 CDBG and FY13 SSP application programs; and 4) Review and discuss Resolution No. 13-16, authorizing the submission of the city's FY13 CDBG and FY13 SSP applications BACKGROUND Since 1974, the United States Department of Housing and Urban Development ("HUD")has provided assistance to local communities through the CDBG and SSP Programs. These Programs were established to help communities address the following national objectives. 1) Meet the needs of low and moderate income citizens, 2) Prevent/eliminate slums and blight in a community, and/or 3) Address urgent needs to the health/welfare of a community /'N A community can use the funds to address one of the national objectives or can direct the funds to a non-profit organization. Apache Junction has participated in the CDBG program since 1982. The City of Apache Junction is eligible to submit applications to the Arizona Department of Housing for both the CDBG and SSP funding The City of Apache Junction is anticipating receiving approximately$100,000 in CDBG funds to be used over a two year period of time (January 2014—December 2016) These funds are guaranteed to /'\ the community as long as a viable project is submitted for funding to ADOH. The City may retain up to 18% of these funds for administrative costs. This application is due August 1, 2013. In years past, the city partnered with the Town of Payson to receive double funding every other year. The city chose to end that partnership in 2011. The City of Apache Junction is anticipating submitting an application for the SSP funds in which the city may request up to $300,000 to be used over a two year period of time These funds are a statewide competitive grant. The city may retain up to 18% of these funds for administrative costs. The anticipated application due date is December 2013. Crucial to the CDBG and SSP programs is the involvement of local citizens and elected officials In fact, to participate in the programs and receive funds a community must be able to document that citizens and officials have been given the opportunity to discuss community needs and suggest possible projects Ultimately, the decision on which CDBG and SSP projects will be submitted rests with the elected officials in a community To assist communities in meeting the requirements for public participation, ADOH has established a mandatory public participation process Failure to meet the public participation requirements will result in the disqualification of the city from the programs and an inability to receive funds. On November 8, 2012 a public meeting was held to solicit input from the public on potential projects for the submission of an application Technical assistance was provided to the community until 1"\ November 7, 2012 to help formulate projects for consideration and to determine if a potential project meets the requirements of the CDBG program. There were no members of the community present during the public meeting,therefore there were no public comments received. Additionally, on October 11, 2012 the Leadership Team met to discuss potential projects for presentation to council. Based upon the city's current low to moderate income status,the City must focus their CDBG and SSP efforts on projects that meet one of the following criteria. 1) Is within a designated and approved redevelopment area, e g Crossroads Redevelopment Area and Apache Trail Redevelopment Area; 2) Assist persons within a limited clientele category, e.g. seniors, disabled, etc., 3) Assist homeowners who are proven to be low income, e.g. housing rehabilitation, and 4) Assist neighborhoods that are proven to be low income 2 During the Leadership Team meeting, several projects were discussed that met the criteria of the CDBG program Of those projects, several held high priority because they addressed objectives within the recently completed Downtown Revitalization and Implementation Strategy("DRIS"). The following projects were discussed by the Leadership Team. 1) Commercial Rehabilitation—to offer grants/loans to local busmesses for improvements to the exterior of their buildings. This project was identified in the DRIS and will be completed within the two redevelopment areas, which is an approved use of the funds as identified above. Commercial Rehabilitation Guidelines must be created and approved. Draft guidelines are to be presented to the city council on December 17, 2012 and January 15, 2013 2) Drainage/Street Improvements—to improve the neighborhood south east of Apache Trail and Delaware The entire project is broken up by roadway into two components a) drainage and streets, and b) curb, gutter and sidewalks. The following projects were recommended by the Leadership Team. CDBG—Commercial Rehabilitation SSP—Drainage/Street Improvements As part of the application requirements for submission of CDBG and SSP applications, a resolution is required that authorizes the city to submit applications to the Arizona Department of Housing for funding Resolution No. 12-40 further authorizes the Mayor to sign the applications, contracts, and grant documents, and take all actions necessary to implement and complete the activities submitted within the applications. On January 15, 2013, following a public hearing, the city council approved the following projects under Resolution No 12-40. Primary project—Completion of North Apache Trail pending the outcome of the FY12 SSP application Secondary project—Drainage and street improvements to the neighborhood located south east of Apache Trail and Delaware pending the outcome of the FY12 SSP application Subsequent to the public participation process and continued community and council concern,the city council directed the Public Works Department to complete street improvements to the aforementioned neighborhood On May 7, 2013,the city council approved a contract to complete the paving project Additionally, on April 1, 2013,the city received a notice of non-award for the FY12 SSP application for North Apache Trail Improvements Phase 2B Simultaneously the city was conducting the procurement process for Phase 2A and received competitive bids to complete the entire North Apache Trail project(Phases 2A, 2B, and 3). On April 15, the public works department and city management recommended using Downtown Redevelopment Funds to complete the project On May 7, 2013,the city council approved a contract for construction of the entire project 3 AIN Due to the current situation,previously selected projects for submittal under the FY13 CDBG and SSP rounds are no longer valid. On May 6, 2013, staff updated the city council on the status of the projects, the requirement for a new public hearing and the need for a new resolution (resolution no 13-16) DISCUSSION Based upon previous discussions, the council may choose to. 1) Select projects that were previously mentioned during the original public participation round a. Housing Rehabilitation b Commercial rehabilitation 2) Select a new project proposed by City staff a. Sidewalks in the neighborhood located southeast of Apache Trail and Delaware b Street improvements to a neighborhood located northwest of Apache Trail and Delaware Or 3) Select a new project proposed by the public during the public hearing RECOMMENDATION Staff respectfully requests the city Council. 1) Review, discuss and approve rescinding Resolution No 12-40; 2) Conduct a public hearing to receive and discuss new projects for the submission of FY13 CDBG and FY13 SSP applications; 3) Select projects to be submitted under the FY13 CDBG and FY13 SSP application programs; and 4) Review, discuss and approve Resolution No. 13-16, authorizing the submission of the City's FY13 CDBG and FY13 SSP applications. ACTION REQUIRED The following actions are required. 1) Rescind Resolution No. 12-40, 2) Convene a public hearing; 3) Select project(s) to be submitted as grant applications; and 4) Consider Resolution No. 13-16. ATTACHMENTS Attachment One. Resolution No 13-16 4 frOg RESOLUTION NO. 13-16 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATION (S) FOR FY 2013 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG") , FY 2013 STATE SPECIAL PROJECT ("SSP") FUNDS, AND CERTIFYING THAT THE APPLICATION (S) : (1) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG AND SSP APPLICATION (S) . WHEREAS, the City of Apache Junction is desirous of undertaking community development activities; and WHEREAS, the State of Arizona is administering the Community Development Block Grant ("CDBG") Program; and WHEREAS, the State CDBG Program requires that the requested CDBG funds address one of the three congressionally-mandated national objectives; and WHEREAS, the activities within these applications address the identified housing and community development needs, including the needs of low and moderate income persons; and WHEREAS, a grantee of State CDBG funds is required to comply with the CDBG Program guidelines and federal statutes and regulations; and WHEREAS, on November 8, 2012, January 15, 2013 and June 4, 2013, the City of Apache Junction held public hearings on CDBG and SSP proposed projects . NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction as follows: SECTION 1 : Staff is authorized to submit applications to the State of Arizona Department of Housing for Fiscal Year 2013 CDBG, and Fiscal Year 2013 SSP funds, and the Mayor is authorized to sign the applications, contracts, grant documents and other related documents for receipt and use of CDBG funds for: RESOLUTION NO. 13-16 PAGE 1 OF 2 FY 2013 CDBG - for the funding maximum; and FY 2013 SSP - for $300, 000 SECTION 2 : The Mayor or his designee is authorized to take any and all actions necessary to implement and complete the activities submitted in the applications . SECTION 3: The applications for State CDBG and SSP funds further the needs under State guidelines for low and moderate income persons. SECTION 4 : The City of Apache Junction shall comply with all State CDBG Program guidelines, federal statutes and regulations applicable to the State CDBG Program and certifications contained in the applications. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2013. SIGNED AND ATTESTED TO THIS DAY OF 2013 . JOHN INSALACO Mayor ofo'\ ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 13-16 PAGE 2 OF 2 /'\ ROLL CALL VOTE )0 NOTES /` 0 N <irD V 1 kii) V' V di g(t e4)1-' Kb V' ,Aj ? / liiifil)i) ITEM # MEETING OF 6,"\r( ,,$) MOTION BY i, `•t'L SECONDED BY YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY / COUNCILMEMBER BARKER / COUNCILMEMBER WILSON COUNCILMEMBER RIZZI ✓ MAYOR INSALACO UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL \, Assik oft, ITEM NO. 11 I MOVE THAT RESOLUTION NO. 13-16, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATION(S) FOR FY 2013 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT("CDBG"), FY 2013 STATE SPECIAL PROJECT ("SSP") FUNDS, AND CERTIFYING THAT THE APPLICATION(S)- (1) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG AND SSP APPLICATION(S), (BE APPROVED) OR(BE DENIED) City of Apache Junction, Arizona 300 E Superstition ts. Boulevard It- 2 Apache Junction,AZ 85119 Master File Number: 13-064 File ID. 13-064 Type• Approval of Check Status- New Business Signatories Version. 1 Reference. In Control City Council Meeting Requester. Cost. File Created 05/23/2013 File Name. check signatories Final Action Title. Designation of city council check signatories City checks require the signature of a council member in addition to that of the city clerk Discussion and action. Notes Code Sections Agenda Date. 06/04/2013 Indexes Local/State/Federal Statutory Requirement Agenda Number. Sponsors Connelly Enactment Date. Attachments. 2013 check signatories Enactment Number Contact: Hearing Date Drafter. sheninger@ajcity net Effective Date. History of Legislative File Ver- Acting Body' Date Action Sent To Due Date: Return Result sion Date: 1 City Council Meeting 06/04/2013 Text of Legislative File 13-064 City of Apache Junction,Arizona Page 1 Printed on 5/28/2013 MAY 21, 2013 MEMORANDUM TO. HONORABLE MAYOR AND COUNCIL MEMBERS THROUGH GEORGE HOFFMAN, CITY MANAGER FROM KATHLEEN CONNELLY, CITY CLERK SUBJECT: AGENDA ITEM FOR JUNE 4, 2013 (DESIGNATION OF CITY COUNCIL CHECK SIGNATORIES) In accordance with the recommendation of our auditors and the requirements of the banks that handle city bank accounts, city staff is requesting that formal action be taken by council to ratify those elected officials who will be authorized to sign city checks This action is appropriate at this time since technically this is a "new" council with new term expiration dates City checks require two signatures to include one from a member of the City Council in addition to the signature of the City Clerk as ex officio city treasurer The current council check signer is Mayor Insalaco Traditionally, a minimum of two designated signers have been chosen from among our elected officials to include the mayor, and/or vice mayor or a council member. Since all "council members" are elected under that specific title, I recommend that you use the word "Councilmember" as the title in your motion As an example I move that Mayor Insalaco and Councilmember be designated as city check signers in addition to the City Clerk. Please contact me if you have any questions ROLL CALL VOTE -I I NOTES: / p ,/ 441 I) ITEM # MEETING F Vv4 MOTION BY: SECONDED BY YPS NO ABSTAINED COUNCILMEMBER SERDY COUNCILMEMBER RIZZI 7( COUNCILMEMBER EVANS COUNCILMEMBER WILSON COUNCILMEMBER WALDRON .kill COUNCILMEMBER BARKER MAYOR INSALACO /11/ . UNANIMO IN FAVOR OPPOSED ABSTAINED TOTAL \y‘ Ask ITEM NO. 12 /'� Note: please use title of Councilmember for any council check signers (see attached memo) I MOVE THAT THE FOLLOWING COUNCIL REPRESENTATIVES BE DESIGNATED AS CHECK SIGNERS IN ADDITION TO THE CITY CLERK p City of Apache Junction, Arizona 300 E Superstition .., ' Boulevard r z` Apache Junction,AZ 'il85119 \. Master File Number: 13-066 File ID. 13-066 Type. Selection of Vice Mayor Status. New Business Version 1 Reference In Control. City Council Meeting A.M. Requester. Cost• File Created. 05/23/2013 File Name- Nomination Final Action. Title. Nomination and selection of vice mayor as required by city code Discussion and action. Notes: Code Sections- Agenda Date 06/04/2013 Indexes. Local/State/Federal Statutory Requirement Agenda Number: Sponsors. Connelly Enactment Date Attachments 2013 vice mayor nomination procedures,2013 vice Enactment Number. mayor nomination attachments Contact. Hearing Date Drafter sheninger@ajcity net Effective Date. History of Legislative File Ver- Acting Body. Date Action Sent To Due Date Return Result sion Date 1 City Council Meeting 06/04/2013 s. Text of Legislative File 13-066 City of Apache Junction,Arizona Page 1 Printed on 5/28/2013 MAY 20, 2013 MEMORANDUM TO HONORABLE MAYOR AND COUNCIL MEMBERS THROUGH GEORGE HOFFMAN, CITY MANAGER FROM KATHLEEN CONNELLY, CITY CLERK SUBJECT AGENDA ITEM FOR JUNE 4, 2013 (SELECTION OF VICE MAYOR) Section 2-2-2 of the City Code requires that at the first meeting following their election the members of the City Council "shall select one of its members as vice mayor who shall serve at the pleasure of the Council" A copy of this section of the Code is attached The nominations and election procedure ordinarily followed are those prescribed by Robert's Rules of Order For your reference, I am including a copy of these procedures as found in the officially adopted Webster's New World Robert's Rules of Order, 1999 Edition Since the Apache Junction City Code requires that all public council votes be -- done by roll call, the procedures you need to follow are found under "Nominations from the Floor" (p 182), "Election by Voice Vote" (p. 185) and "Election by Roll Call Vote" (p 189) I have also provided you with a simplified process from a popular "how to" book series on Robert's Rules. This differs only slightly from the 1999 edition of Robert's Rules but provides you with a good overview and summary of the process. Please contact me if you have any questions ALP Pace 5 of 43 §2-2-2 VICE MAYOI4. (Ai At the same meeting at which the Mayor is sworn to at Ilk, beginning of the mayoral term,the Council shall selee.t.one of its a nthe r as Vice Mayor,ashn shall serve at the pleasure of the Council ^ t 13 a 1 he Vice Mayor shall perform the duties of the \Ltc or clot tng his or her absence or disability (Prior(.. ode. 2-2-2) 2-2-3 ACTING MAYOR. In.the absence or disability of both the Mayor and Vice Mayor, the Council may designate another of its members to serve as acting Mayor who shall hat c all the powers.duties and responsibilities of the Mayor during such absence or disability. Prior Code 4 2-2-3) 2-2-4 POWERS AM) DUTIES OF TIW MAYOR, The powers ,utd duties of the Mal.or shall include the tol.owine { f Ile the chiefexecutive officer of the ea.: (13) 13z the Chairperson of the Council and preside crccr its meetings during which the mal:.tng.and seconding motions and haw ing a +roicc`and vote in all its proceedings' ^ (C) Execute and authenticate by signature such instruments as the Council, or any statutes, ordinances,resolutions or this Vol. 1 shall require; (D) By proclamation.declaring a local emergency to exist du!to lire. conflagration, flood.earthquake,explosion. war,bombing or any other natural or human-made calamity or disaster or in the event of the threat or occurrence of riot,rout or affray or other acts of eh 2l disobedience which endanger lit•or property- within the city. After declaration of the emergency, the Mayor shall govern by proclamation and impose all nixes•ary regulations to preserve the peace and order of»the city, including hut not limited to. t t} imp ation ofa curfew in all or any portion of the Lay t 2 t Ordering the closing of any business.. httpi/www amlegal.com/nxt/gateway.dillArizona/apacheiunction__az/chapter2mayorcou 5/18/20 1 1 I 78 Officers #;.; / officer or committee chairman scratches his r I head and says, "Now what do 1 do?" (�often have you met long-term mem who --mone to know as much as they know criti- dze the its of those who don't Intuitively ow what F Nominations and Elections to do,yet ere same long-term members d• 't offer any guidance oralning to new officers or n members? Surtessfu rgaNsauons 1.-.now th z productive, in every organization, the process of nominating and electing officers and board members is very important, happy mem• •+lp requires rnvcstm= is in the mere- bens.These o :' : tltsrts have train • sessions for new 4 and the procedure should be clearly stated in die by- officers, they appo,.t mentors to explain the ropes to E laws.This chapter explains the nominating and ei c Uon ` ) new members,and . listen to reasons why people process from start to finish.It discusses the"adores ways have Joined the organ tion a + then try to meet those a candidate can be nominated and the ways a Yobs can needs• be taken. The duties of the tellers' An officer training ., Ion might Include the appointed to count the vote are described, and the following:g: reader is taken step by step through the teller's sheet and • The outgoing officerj4eet , with the new officer, report. going over the fail , explain the duties,and • sharing the thin that worke, or didn't work. - A group trai session in will the outgoing r NOMINATIONS officers e3cpl. to all the new of how the '� orgartiratic� works. It might also de itldi• Candidates can be nominated in several ways `� victual o i • r training, i 1. By a nominating committee - On•th- ob m conducting2. Prom the floor _)N training m taken;minutes,and writing amid giving ..t; 3. 13y ballot organization4. 8y mail should come up with a p , for tt ' m8 new of$cers.Members arm more l kely to .,(h i 5. By petition ) if ey feel competent in performing the tasks at han,. 1 v investing time and effort In training officers, the The most common nominating procedure is done transition from one administration to the next will be by a nominating committee with the assembly given less painful. the opportunity to present nominations from the floor. The nominating process should not be confused with the election to office. Robert's Rules of Order states that a "1,9 3 •,,„ 1 fit} � ominationt and EP its Nominations t f31 • person does not have to be nominated to be elected tc •- isae to serve and the members will have to hold , office. If the vote is taken by ballot, there is always the ant:,er election / .., opportunity to write in a name.In this case,a person could win as a write-in candidate without er being nominated Report o the Nominating Committee ' , The nnrnt ttng committee should have a designated t 1 i Nominations by Committee tune to re at a meeting.This usually appears on the ti sty crgastizatiotos ha�e a nominating eom tie+: ` itr agenda under dal orders," + co' salon of this committee andhowis selactc., teen called try give their tort,the chairman o a, shtau be specified In the bylaws This i e one corn thee ina g c to tteeA should state the norninati s `; mittee president should not be a sea of or help f, fc►r etchch office' select.if ' all possible,thenominatin. committee should / be elected • •either the board at a rrae sbetship Chts rnxrr�of Nomirtattng r ee: Madam P ' the nominating Duties of a No resting Cexn tee submits the f nom ! ina' fax , The duty of a no A . ring c• mittee is to fusel the hest president,Indy S fair vice ent, Dave lonees,for seccreta , Rickey horns;and . candidate for each a,,ce. a bylaws should not tie thv i. hands of the comml • find more than one person,to fear treasurer.Sarah ands the r , fill each riot_The corn n , should be Instructed to•find nominations written on a of paper to the M, r - the twist candidate for w office. preuc.:.ntr and sits clown) ""` committee` Thecommittee .•uld • given copy of the mem- Sometimes there is a split the n•t gating corn- Y •• • heirship list, the •= . s, a d• ption of the duties ut muter over who to nomtn e. If a nal,ority of the each office,and ' eligibility . remotes.They shotil': • , meet and car r review the in bexshlp list and ce- committee wishes to •+ le someone el the domi- nation is made during inattons from th .q •• . ' r k - lect the peopl- • ho they think wilt .• the bit job -Fhe n s soon as the co• mittee has reported. is dis. Fi a men'nber o be committee shotild b designated to call charged from its du es. Sometimes the • VI, is ) ,; each no • ee to see if he or she • be willing to . revive('to mate .,,,. .Bons to fill vacancies.A. - the -' serve if a :.,.If not,then the commit, .needs to meet committee ••r ,the chair states: \ again d find another candidate t' a candidate can be found, then the ummtttc resident: nominating committee has nominated ^: • eave that slot open for nominations from he floor judy Smith for president, Dave)ernes for vice is, they can let it be known that they do ave a i j, president, Ricky Shores for secretary, and aminee for a certain office, This allows me ,hers Sarah Thomas for treasurer. Nominations to volunteer.No one should be nominated with• is .,. are now open from the floor Are there any or her consent because, if elected, the person m<., further nominations for president? A *. v... .. .tee 182• Nominations�rz }��ctio}s ' t Nominations 183 Nominations from the Floor If at anytime during the nominating process a mem- ' ' As soon as the president opens nominations from bet realizes that heor will be unabletoserve If elected, 4 the floor, any member can bring forth a nomination the member should stated and request that his or her �, However, the rules far a member nominating a ndi- cams in removed#noon nomination.. It°IS better to re- date are the same as for the nominating committee. trrove your name during the nomination process than A member should know if the person he or she eg fishes to after you are elected. nominate is eligible to serve and if the person is willing to serve. inations by Ballot ; , When the nomination is hum the floor. ! e Instead of ations from the floor, omitrations 1 '1. A member does not have to get recognition, and can be by ballot, mernbe.r is en a nominating often in small assemblies a member can call out a ballot and writes the _ candidate(s)on it.Then name While still seated. the tellers'committee ts the ors and writes a list 2 A nomination does not need a second, of the nomin give to the announce. 3 A member can be nominated for more than one Then a vo taken for election. Care should that , nominating balite does not become the electing office. ot 4. A member can't nominate more than one person for an office until everyone has had the opportunity to gtjMims by Mail make nominations. S. After each nomination, the president regcats the When me widely scattered, it elprful ir name to the assembly. for example, the presidenttotakenoraitlationsbp Th e�#y�lcrespcansibie would for mailing the nomin to each member, with ins ow to fill it out. bets President: Denise Harmon,for president.Are there mail nominations. the secretary co o further nominations for president? t from which the members then vote. r,. A motion to dose nominations is usuallynot neces- carp unless it becomes apparent that embers are nations by Petition , nominating people lust to honor them,and that the nominees have no intention of sen�ing, Sometimes ws provid omi ations by petition. in this case, must be nominated 7. Usually the president closet nominations when no by a signed Members tion il3t�rxins i further nominations are coming forward from the is put e ballot.The nominating petitiona''tse assembly. used with a newsletter or mailed to the members. L ., 2: „, \_,.....„....___ ____ __ , . 184 Nominations and Elect_) / Elections 1fi5 Other Nominating Procedures the alceKn,,only those u►rctitxss who are willing to serve on the lLst. \ if the bylaws da not state how nominations are to conducted. any member can make a motion prv.•, g `' nominating process.This is an incidental t • tne- ttr n.it needs a second and,is not debatable but is nil• ELECTION S ableThe best practice,however,is tot the byla to state the ocedure. / Alter the nominating process is finished. the members must vote on the proposed candidates. If the bylaws do not state how the vote is to be taken,a member can make t ' :III inc incidental motion regarding how to take the vote.If r UNDEMnCRATlC PRACTI S IN THE I foe`bylaws state that the vote must be taken by ballot, NOMINATION AND ELE ON PROCESS even if there is only one candidate for each office,the vote must nevertheless be taken by ballot A ballot vote" Members shouter• alert to sore ndemocratic political still allo th mee' practices in ors dons. roVlnstance, if a person is name.Uws the bylaws reqmbersutre a to ballotwrite vote,in a thecsndidnt memberss elected and: then - . s, the •filet Is considered vacant must vote by ballot even It all candidates are running and the president o boa fills it by appointment unopposed. It is out of order to ask one person (for instead of having ono elertion.This may allow an example,the secretary)to cast the electing ballot for the unpoputaror ha • •. .. • • ; teto.get the otftce eweentire assembly.Such a motion is wrong because it tapes though he or she was •, away members'rights to write in a candidate. 1n writing the ". Yinat election, and vacancy 1 'iltc vote for election can be taken by conditions in the • -ws, the •, :t niratlon should snake i 2. Vdce sure that if a - •. is mated ly in the term of office, t the vacancy b t t, • by election • ,• of by appoint- 2. Ballot rnent,wheneve .• tt., In some •- I organizations 3, Roil call . that meet yea or biennially(every arc), this would t he difilcutt. , t:turterlalive vu%Iui; When ominatloits are being t, en from the 1 floor or a nominating ballot is bein:,used,a good practice • to provide the members with an ' "4 •! ty list L. so that , are not nominating people who 11 not be Election by Voice Vote 4 able • serve. When the secretary mails the mbers a When there is only one candidate tot office,election by no e about the nomination and election meet g the voice vote is a good method to use if the bylaws do not can Include a request that members who .. not stipulate how the election thould take place.Howe h to be considered for office notify the sect : in anytime an election is hy voice vote, members forfeit tins.When the secretary prepares the eligibility List"•r their right to write in a Candidate I li1. • ••••••••• ea 6........ •••4.• • l• IV' '''''.- •••••••••411111111.111M1•••••,...••••••••••••••••....••••• When more than one person has been nominated ' \ Slated Ballots 7 , and the election is by voice, the chair takes the vote on large organizations, such as conventions,it is usual to the candidates in the order In which they were nominated, ha a prepared, printed ballot listing all the names Members must remember to vote yes for the candi- the c1sdldates, with room for further nomination/or date they want and vote no for the other candidates wr1te4r14rom the membership. / as they are voted on. The first candidate tn receive a Mem go to the polls once.When there is ph elec- majority vote wins. don for a pacuIat office or for several offices,urnbets The presiding officer takes the vote this way must contin vote on those offices until .rneone is eIethtiisk1ndofbjIot, It1ibttt . have the President. All those in favor of Member G for prescient, election early in meeting.In the even t another say°Aye,'Those opposed say"No." vote is needed, it caKbe accomplished .- ore the con- Then the president announces the vote vention or meeting adtcTms. President The ayes have it. and Member G is elected \ ) individual Ballots presiderit In the second way of taking a •.„ • vote, members are If Member G loses the chair announces it this war given a blank piece of paper • .',..e tellers' committee after nominations have • • n •med fox an office. President: The noes have it,and Member G is not The members write on the b, . . . of paper the name mected.All those In favor of Member X for of the person they wish ,. see elect. . for that office. president say"Aye:Those opposed say'1440,1' I The tellers then coll ballots, 'tint them, and Then the president . anounces the results of this the chair of the tellers' ..mxr Itee reads e reports.The vote.This procedure continues until someone receives a president declares • is elected and preeds to take majority vote, nominations for •e next office. After omtnations When rnore than one candidate b nominated,the prob- are dosed. the .- -• again give members 1ink ballots lam with a yoke vote's that those nominated fbst are more to write the •-. .. date of their choke. they collect the likely to get elected.If there is a motion to tnake an elec- ballots,coun • ...• and the chairmAn reads t e report. non by voice vote unanimous that vote must be by ballot. This goes • . until the members elect someone • each It these is one no vote,the election is not unanimous. office • d of balloting works well in small 0 : • -. • Rlnn by BaJlot Vote tons , ' Xe members can pause briefly to cou the ) ha) .... without taking a recess or proceeding with • + - There are two allot be taken: • loess. 1. As a slate ofUl14fflce ne ballot / Whet) electing officers, If there is a tie vote or . / one receives a majority vote, then the members keep 2. ndividual ballot after nominat dosed ' // voting until someone is elected. The members do not or each office .1 ) 3 •rotted to the next office mutts they have t: cted '' . Baker with 19 votes / •meone for the unelected office, For example, if no2. try with 16 votes a • t•eceives a majority vote for the office of ptesident, s They s; ben keep voting until they elect Someone. 3.Jon with 15 votes . , •.' to vote on the office of vice president only 4.. Smith th 14 votes 7 after t• have elected a president. la'cases where the me = •ers are voting on several director, at one E S. Green wi 3 votes time, 0.; receiving a majority are ielected to office. 6 with 12\iiites If any posit- are not elected on Frank p ,tire first ballot, the members kee. voting on the rest of the candidates 7 Bates with 11 vo until the post ons arc filled/If more candidates receive a mato y vote thay(i there are positions If three candidates ha etved the same vote—rot assailable, those ca' • ••tes ving the highest votes example, if Smith, Green Frank had each received are considered electe . For r „pie, the Soccer Club 13 votes—then the me would have to hold • has an executive boa • five people. 'es-en people another election.Even ough, dilate sates received ` are nominated, and the • =embers are instructed to the lowest vote,his would ain on the ballot. vote for five candidates.• same ballot. There are o one is hour the ballot unless the bylaws twenty people present : d .a •s=& It takes eleven votes state that the eau ber with the fewest , ,-. should be to elect.The folio . «, , ,., received this number removed-- that person may _ ► being the of votes: compro candidate. Candidate S;tn .14 votes The al counting and recording of ,• ballotsis ' acco hed by the tellers'cornrnitt e, _ .r .. r o are Candidate J , 15 votes need to count the vote during a meeting. Wm- Candidate , 1 votes lien on this aspect of the voting process,see"ay. , /ing and Recording tisk JJallots by Tellers' Commit . . Candidate Tony, 16 votes \ / later in this chapter. I t,_artdi tie Green,13 votes 1 to Fri, 12 votes ;' Election by Rota Call Vote i data Ba►Les, 11 �` tf the members take the vote roll call, the same methods used for a ballot vote be either Although all candidates received a majority, o voting for all candidates at once or voting for one at a can be elected to the board. In this case, nix Tp'T S �=should s re a candidates who received the most votes are the the secretary calls the ro L each member sues for �% winners: whom he or she is voting.The secretary records the vote t and repeats it to make sure it is accurate. ; ...7. 7 'n NOMINATION PROCEDURES (In accordance with Robert's Ruses of Order) THE NOMINATION PRO Ir.„ S l. Prior to beginning the nomination process, t motion to "opens narpinatio s"is OIN necessary. Any member of the council can offer such a motion. The motion should contain the title of the office that is open for nomination such as:"1 move that we open nominations for the office of „ The motion must be seconded,discussion held and a'Mote taken A majority vote is necessary to open nominations. 2 If the motion is approved, the mayor then calls for nominations for that particular office by saying,. "Nominations are now in order for the office of Am, co'rut :tl member, including the mayor.may place a name r�r tu�rnir�ati,ar. 4 it is r. ql necessary to second a nomination 5 if an objection is mactc by a member of the council, then no member van nominate more:than one person for is given office until+evely member wishing to nominate someone has had an opportunity to do so. llos rule.polies even where more than one person is to be elected to an off co or position 6 If a council member has raised an objection as indicated in Step 5,then the nominations for that particular position must be closed prior to taking (40 noiui:natnons for any remaining positions. CLOSING Nr:M NATIONS t +: e1e in the nominations for the particular position,the mayor should then ask if then.are any ftcrthec nominations for the office of This question calling fur any additional notuivations should he repeated twice for a total of three calls for additional ootninations for the office of Once it appears that there are no additional nominations for the particular oftie.. the rna)or should declare that the nominations are closed and call for a motion to close itonunations. Paarin'f1 oftik oak Tice motion to close nominations sbouj be: "I move that nominations for the office of be closed" Again the motion must be seconded,.discussion held and a vote taken. A hic-thints vote is needed to close nominations. After the nominations are closed, voting for the particular office can take place, Jr nonuminous for the next office called for by the mayor. 011\ The conlicamay corrinlizte the palAillatiOnS for eyoy office before takesplace Or complete the nominations for the first office and vole en that alio: before proceeding to the nomingions for the_nexl°trice 2. A motion to close nominations cannot t I reconsidered 3. A.motion to reopen nominations can only be reconsidered in instances of a negative vote. ! Hi FING PROCESS Dcycliding on the evuncil's decision on how the actual vote will he conducted, you will be voting either immediately after the nominations are closed fur the first office out) or after nominations are closed for all available offices. la either ease, the process is the same The Illayot will need to announce the names in the circlet 111 which they NV= nom:tinted at id the Attual vote held in th.,same order. For example, if Mr MCDtidi SS as nominated first and Mrs. Pluto nominated second,then the vote on their nomination for the office must he considered in the same Order 2 An individual is considered to be elected to the office upon receiving a majority vote (ince someone receives a majority,it is no longer necessary to proceed with a roll call vote on any remaining candidates. OgN 01'clAIMQ THE RESIJIAN Alter the voting process is concluded,the mayor or city clerk should declare the tally of each vote publicly. 2 Following the completion of the voting process, the mayor should announce the successful nominees and have their name entered into the official record. Page 2 of 2 ROLL CALL VOTE NOTES: /��//) WJLI( ITEM # MEET7 OF MOTION BY• SECONDED BY /YES NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER WALDRON V COUNCILMEMBER WILSON COUNCILMEMBER EVANS V ' COUNCILMEMBER RIZZI COUNCILMEMBER SERDY i1 MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ' ` ROLL CALL VOTE NOTES. I)/ prj / ()? taiVi 3 ITEM # MEETING OF MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER RIZZI I COUNCILMEMBER WILSON 1 4/ COUNCILMEMBER BARKER COUNCILMEMBER SERDY COUNCILMEMBER EVANS COUNCILMEMBER WALDRON MAYOR INSALACO V UNANIMOUS IN F AVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE )((1,1 NOTES: 1\,°r ITEM # MEETING OF MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY COUNCILMEMBER WALDRON COUNCILMEMBER RIZZI COUNCILMEMBER BARKER COUNCLMEMBER EVANS MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: tAA" ilt d0)/i/ifidi )(1/ C 7/3 1 ITEM # .°) MEETING F MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER EVANS COUNCILMEMBER BARKER COUNCILMEMBER RIZZI y1/ COUNCILMEMBER WALDRON COUNCILMEMBER SERDY lit/ COUNCILMEMBER WILSON MAYOR INSALACO UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL STEP-BY STEP VICE MAYOR SELECTION PROCESS 1. Mayor announces the item -#13 on the agenda. 2. Mayor calls for a motion and a second to open nominations — roll call vote. 3 Mayor asks for nominations for vice mayor 4. To make a nomination: "I move that be nominated for vice mayor". No second is required. This process continues until no more names are offered. 5. Mayor asks if there are any more nominations. He does so 3 times. "Are there any more nominations?" "Are there any more nominations?" "Are there any more nominations?" 6. If no other names are offered, the mayor calls for a motion and a second to close nominations — roll call vote. 7. A roll call vote is taken on the person(s) nominated for vice mayor in the order in which they were nominated. Once someone receives a majority vote, the process stops and that person is chose as vice mayor. ITEM NO. 13 STEP 1. I MOVE THAT WE OPEN NOMINATIONS FOR THE OFFICE OF VICE MAYOR '�- STEP 2. I NOMINATE FOR VICE MAYOR (A SECOND IS NOT NECESSARY STEP 3. I MOVE THAT NOMINATIONS FOR THE OFFICE OF VICE MAYOR BE CLOSED. 7- City of Apache Junction, Arizona p .. .� , 300 E Superstition Et Boulevard 1 Qt Apache Junction,AZ • i 85119 Master File Number. 13-058 File ID- 13-058 Type. Dates/Times/Location/Purp Status. Selection of oses-Selection of Meeting Dates/Times Version 1 Reference. In Control. City Council Meeting Requester Cost. File Created. 05/15/2013 File Name• WS 061713 Final Action: Title. Executive Session at 5 45 P M and Work Session at 7 00 P M for Monday, June 17, 2013 Notes. Code Sections- Agenda Date 06/04/2013 Indexes Agenda Number Sponsors. Enactment Date Attachments. Enactment Number. Contact. Hearing Date. Drafter amccray@ajcity net Effective Date. History of Legislative File Ver- Acting Body Date Action Sent To Due Date Return Result Sion Date 1 City Council Meeting 06/04/2013 Text of Legislative File 13-058 City of Apache Junction,Arizona Page 1 Printed on 5/28/2013 p��rrT City of Apache Junction, Arizona 300E Superstition #k 1 , Boulevard • Apache Junction,AZ 85119 Zikie Master File Number: 13-056 File ID: 13-056 Type Dates/Times/Location/Purp Status. Selection of oses-Selection of Meeting Dates/Times Version 1 Reference. In Control City Council Meeting Requester. Cost. File Created. 05/15/2013 File Name CC 061813 Final Action Title Executive Session at 5 45 P M for Tuesday, June 18, 2013 Other meetings if necessary Notes. Code Sections. Agenda Date. 06/04/2013 Indexes. Agenda Number. Sponsors: Enactment Date Attachments. Enactment Number. Contact. Hearing Date. Drafter amccray@ajcity net Effective Date. History of Legislative File Ver- Acting Body Date Action Sent To Due Date Return Result' sion Date ..,� 1 City Council Meeting 06/04/2013 Text of Legislative File 13-056 City of Apache Junction,Arizona Page 1 Printed on 5/28/2013 n ROLL CALL VOTE NOTES: v. \\c6 ITEM # MEETING OF MOTION BY 0A\P\t' SECONDED BY J 1/l2 YES NO ABSTAINED COUNCILMEMBER WALDRON L COUNCILMEMBER EVANS COUNCILMEMBER SERDY COUNCILMEMBER BARKER COUNCILMEMBER WILSON VJj COUNCILMEMBER RIZZI MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Ask ITEM NOS. 14-15 I MOVE THAT AN EXECUTIVE SESSION AT 5 45 P M , AND A WORK SESSION AT 7.00 P M , BE HELD ON MONDAY, JUNE 17, 2013, 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, JUNE 18, 2013, IN THE CITY COUNCIL CONFERENCE ROOM. City of Apache Junction, Arizona 300 E Superstition r!.., 4 Boulevard r", Apache Junction,AZ 85119 z-�• Master File Number: 13-084 File ID. 13-084 Type. Meeting Status: Selection of Dates/Times/Locations Meeting Dates/Times Version. 1 Reference. In Control. City Council Meeting Requester. Cost. File Created: 05/28/2013 File Name: budget work sessions Final Action: Title Selection of budget work sessions on June 17, 2013 and/or June 18, 2013 Notes Code Sections Agenda Date• 06/04/2013 Indexes Local/State/Federal Statutory Requirement Agenda Number. 16 Sponsors. Hoffman Enactment Date. Attachments Enactment Number Contact Hearing Date Drafter amccray@alcity net Effective Date. History of Legislative File Ver- Acting Body Date Action Sent To Due Date Return Result: sion Date 1 City Council Meeting 06/04/2013 Text of Legislative File 13-084 City of Apache Junction,Arizona Page 1 Printed on 5/28/2013 /N leROLL CALL VOTE NOTES: l II) / V\\ Alftik R1 \____ 0 ITEM # MEETING OF Ok,WN1- ,\jo,./c)' , MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER SERDY v/. COUNCILMEMBER RIZZI J COUNCILMEMBER EVANS COUNCILMEMBER WILSON / COUNCILMEMBER WALDRON L/ _P.ZEI�BARKER li° MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED f TOTAL 1 Afok ANN ITEM NO. 16 OV HAT THE BUD T WORK SESSION(S) AT BE HELD ON ONDAY, JUNE 17, 2013 A D/OR TUESDAY, JUNE 18, 2013, IN THE CITY COUNCIL C BERS " . Kr City of Apache Junction, Arizona 300E Superstition k`. Boulevard Apache Junction,AZ 85119 Master File Number: 13-083 File ID 13-083 Type. Meeting Status: Selection of Dates/Times/Locations Meeting Dates/Times Version. 1 Reference. In Control. City Council Meeting Requester: Cost. File Created: 05/28/2013 File Name• Tentative Budget Adoption Final Action• Title. Special meeting for tentative budget adoption on July 1, 2013 and/or July 2, 2013 Notes. Code Sections. Agenda Date• 06/04/2013 Indexes. Local/State/Federal Statutory Requirement Agenda Number. 17 Sponsors. Hoffman Enactment Date Attachments: Enactment Number- Contact. Hearing Date Drafter amccray@ajcity net Effective Date. History of Legislative File Ver Acting Body Date Action• Sent To Due Date Return Result: Sion• Date 1 City Council Meeting 06/04/2013 Text of Legislative File 13-083 City of Apache Junction,Arizona Page 1 Printed on 5/28/2013 ROLL CALL VOTE /\1\\ , NOTES ‘1/\'1\ 1 V)\ A/t\(12 ITEM # ! MEETING OF MOTION BY: SECONDED BY \ '`,'\\. YES NO ABSTAINED � ' CQJUCIL—PotElvl-BER BARKER COUNCILMEMBER WALDRON /� COUNCILMEMBER WILSON 1/ /' COUNCILMEMBER EVANS �// COUNCILMEMBER RIZZI V COUNCILMEMBER SERDY MAYOR INSALACO J UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Ask oak ITEM NO. 17 I MOVE THAT THE SPECIAL MEETING FOR TENTATIVE BUDGET ADOPTION AT 7 00 P M. BE HELD ON MONDAY, JULY 1, 2013 OR TUESDAY, JULY 2, 2013, IN THE CITY COUNCIL CHAMBERS. . Cityof Apache Junction, Arizona 300E Superstition / `_ ~ Boulevard Apache Junction,AZ 85119 Master File Number: 13-085 File ID: 13-085 Type. Meeting Status• Selection of Dates/Times/Locations Meeting Dates/Times Version. 1 Reference In Control. City Council Meeting Requester: Cost. File Created• 05/28/2013 File Name• Final Budget Adoption Final Action Title. Special meeting for final budget adoption on August 5, 2013 and/or August 6, 2013 Notes. Code Sections. Agenda Date. 06/04/2013 Indexes. Local/State/Federal Statutory Requirement Agenda Number 18 Sponsors Hoffman Enactment Date. Attachments. Enactment Number. Contact. Hearing Date. Drafter. amccray@ajcity net Effective Date. History of Legislative File Ver Acting Body Date• Action• Sent To Due Date' Return Result. Sion Date 1 City Council Meeting 06/04/2013 Text of Legislative File 13-085 City of Apache Junction,Arizona Page 1 Printed on 5/29/2013 k\. ROLL CALL VOTE NOTES: 6 V , ITEM # MEETING OF U\It/\0 \A--` OkMOTION BY: SECONDED BY YES NO ABSTAINED f COUNCILMEMBER RIZZI L' , COUNCILMEMBER WILSON 4 ' COUN0It*1EMB€R BARKER i COUNCILMEMBER SERDY V1 COUNCILMEMBER EVANS COUNCILMEMBER WALDRON MAYOR INSALACO \7 UNANIMOUS IN FAVOR OPPOSED ABSTAINED ,; TOTAL ITEM NO. 18 I MOVE THAT THE SPECIAL MEETING FOR FINAL BUDGET ADOPTION AT 7.00 P.M. BE HELD ON MONDAY, AUGUST 5, 2013 OR TUESDAY, AUGUST 6, 2013, IN THE CITY COUNCIL CHAMBERS ADJOURNMENT. '61)` B I MOVE THAT THE MEETING BE ADJOURNED AT P M ROLL CALL WS `� '13REG: \ j2 SPEC CITY COUNCIL P / A P / A P / A MAYOR INSALACO ;t/ VICE MAYOR DIETZ COUNCILMEMBER BARKER COUNCILMEMBER EVANS 1 COUNCILMEMBER SERDY COUNCILMEMBER WALDRON ` / V COUNCILMEMBER WILSON TOTAL CITY STAFF: Aktl U City Manager George Hoffman +� Assistant City Manager Bryant Powell City Clerk Kathleen Connelly V� City Attorney Joel Stern Y Deputy Chief Tom Kelly Public Works Director Giao Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts Development Svcs Director Brad Steinke Human Resources Director Liz Riley Assistant to the City Manager Matt Busby OTHERS n 6"),\ Date: , 1 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? Yesc No Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. \\ '-cF' 75he Name (Print) Address. City n ZipCode , p t7.77E-P6r. p4-0/, (e1", 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: I, , 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: 6' ' 01 '/ CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR // Call to The Public Pf (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 II No❑ Only If Necessary ❑ o I am in fa r of the proposed Item. ❑ I am opposed to the proposed Item. ` s A e g Name (Print) /5// c (,)/4- 7-R 5 /CV WS7/9 4 Address City Zip Code Di ._ 9 E'2 ip5 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: I, , 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