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HomeMy WebLinkAbout2010 06.15 City Council Regular Agenda PLEASE FILL OUT A"F'"JEST TO SPEAK"FORM IF YOU WISH TO ADE 3S THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARlNta ITEM gpCH w.Y; GO of Apache junction Home of`the Superstition Mountains APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA June 15, 2010 7:00 PM A. CALL TO ORDER. B. INVOCATION AND PLEDGE OF ALLEGIANCE. c. ROLL CALL. D. CONSENT AGENDA. The Council may,at this time,take single action on any or all items listed as consent agenda items.These items may include,but are not limited to,acceptance of agenda,acceptance of minutes,appointments,acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The Consent Agenda is a timesaving device of which the Mayor and City Council is to receive documentation on these items from the City Manager for their review prior to the meeting Any member of the Council may remove any item from the Consent Agenda for discussion and cause a separate vote on the matter later in the agenda. 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of June 1,2010. 3. Consideration of appointment of Pro-Tem Magistrate. Consideration of appointment of Walter Switzer as magistrate pro-tem for a two year term 4. Consideration of Employment Agreement for City Magistrate. The City Magistrate has negotiated continued employment with the City 5. Consideration of Employment Agreement for City Manager The City Manager has negotiated continued employment with the City. 6. Consideration of Resolution No. 10-21,amending the City's Neighborhood Traffic Calming Policy for Public Streets in Residential Areas by repealing the existing policy in its entirety,originally adopted under Resolution No.99-OS;and adopting a revised policy. The Public Works Department recently reviewed the neighborhood traffic calming policy adopted in 1999 and suggests amendments thereto,to include 1)clerical modifications, 2)implementation of new state-of-the-art traffic calming device alternatives,3) enhancements to policy administration and appellate provisions,and 4)miscellaneous practical improvements Approval of Resolution No 10-21 will repeal the City's existing traffic calming policy,as originally adopted under Resolution No.99-08, in its entirety and will adopt a new"Neighborhood Traffic Calming Policy for Public Streets in Residential Areas" 7. Consideration of Resolution No.10-22,authorizing the submission of a grant application to the Gila River Indian Community State Shared Revenue Grant Program. Proposed Resolution No 10-22 authorizes the submission of a Gila River Indian Community State Shared Revenue Program application for Fiscal Year 2010-2011 Resolution No 10-22 is a mandate ,mponent of the grant application,and stipulates ti she City is applying for up to$18,404 12 to purchase three mobile data terminals("MDTs")for installation in three Police cars The City may provide up to$6,300 in cash match, which will be taken out of the Public Safety Department's approved budget for Fiscal Year 2010-2011 8. Proposed Resolution No. 10-24,authorizing the City of Apache Junction to enter into a development agreement with Superstition Mountain Mental Health Center. Superstition Mountain Mental Health Center(SMMHC)owns approximately 7 26 acres of improved and unimproved real property at the southeast corner of Plaza Drive and Superstition Boulevard and desires to construct a new 35,000 square foot,three-story mental health facility on the southernmost 3 46 acres of the property It is anticipated that this development will result in planning, economic and other public benefits to the City, including public infrastructure improvements to the portions of Plaza Drive adjacent to SMMHC's property,and will enhance the economic vitality of the City's downtown core and Crossroads Redevelopment Area Proposed Resolution No 10-24 authorizes the City to enter into a development agreement with SMMHC to allow for the private and public improvements outlined above E AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards,presentations from other organizations,proclamations issued by the mayor,and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time None F. ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance,time and location G CITY MANAGER'S REPORT. The City Manager,members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City There shall however be no discussion at this time except for clarification inquiries 9. MANAGER'S REPORT H PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak All remarks shall be addressed to the Council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the Mayor This time limitation shall not apply to applicants and their agents appearing before the Council 10. PROPOSED RESOLUTION NO. 10-15,APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT FOR EXPANANSION OF A PARKING LOT. Proposed Resolution No 10-15 will approve a major amendment to a Conditional Use Permit and allow the Apache Junction Health Center to expand its parking lot north of its existing Health Center The proposed parking lot expansion is on a vacant one-acre lot within the Foothills Subdivision Preliminary Plat,construction of which has not yet begun,and will consist of 65 additional parking spaces The Planning and Zoning Commission,at its regularly scheduled Public Hearing meeting on May 25,2010,recommended City Council approval for case CUP-1-10, Resolution No 10-15 by a 7-0 vote 11 PROPOSED RESOLUTION NO 10-14,TO AMEND THE APPROVED FOOTHILLS SUBDIVISION PRELIMINARY PLAT CONSISTENT WITH THE PROPOSED PLANNED DEVELOPMENT AMENDMENT ALLOWING A PARKING LOT EXPANSION Proposed Resolution No. 10-14 adopts an amendment to the Foothills Subdivision Preliminary Plat to allow the number of residential lots to be reduced from 118 to 104 for construction of a parking lot expansion at the Apache Junction Health Center The Planning and Zoning Commission,at their regularly scheduled Public Hearing meeting on May 25,2010, recommended City Council approval for case SD-1-07(Amended), Resolution No. 10-14 by a 7-0 vote 12. PROPOSED ORDINANCE NO. 1363,A MAJOR PLANNED DEVELOPMENT AMENDMENT FOR THE FOOTHILLS SUBDIVISION AND A REZONING FOR ONE ACRE OF LAND FROM CR-5/PD TO CR-3 Ordinance No. 1363 proposes a major Planned Development amendment to the Foothills Subdivision which will allow the number of residential lots to be reduced by 14(from 118 lots to 104),and will authorize rezoning from CR-5/PD(Multifamily Dwelling by Planned Development)to CR-3(Single family Residential Zone)for the proposed Apache Junction Health Center's parking lot expansion The Planning and Zonin immission,at their regularly scheduled Public He i meeting on May 25,2010,recommended City Council approval of case r-1-1-10,Ordinance No 1363 by a 7-0 vote 13. PROPOSED RESOLUTION NO 10-17,AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE BUREAU OF JUSTICE ASSISTANCE FISCAL YEAR 2010 BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT(JAG) At the conclusion of the Public Hearing,staff respectfully requests the adoption of Resolution No 10-17 which would authorize the submission of a grant application($17,625 00)to obtain electronic ticketing equipment and related software The Resolution also stipulates that the City may provide up to$469 20 in cash to match the funds provided by the grant The total cost of the project is $18,094 20 14 CONSIDERATION OF PROPOSED MEDIACOM CABLE LICENSE AGREEMENT. The City has been in active cable license renewal negotiations with Mediacom since the summer of 2009 The parties have now come to a conclusion of those negotiations,which resulted in a consensus on the terms of such renewal,to include 1) payment of additional public,educational and government(PEG)subscriber fees(an increase of 20 cents per month) 2) an extended 12-year term 3) advancement in technology stipulations 4) local office changes 5) program for system maintenance relating to preservation of safety 6) payment of missed license fees,internet and CPI adjustments in the approximate amount of$56,000 00 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 written request-to-speak form with the City Clerk None J. NEW BUSINESS. The Council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk 15 RESOLUTION NO. 10-23,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,REQUESTING SURROUNDING CITIES AND TOWNS TO SHOW SUPPORT FOR THEIR RESIDENTS BY REJECTING THE PROPOSED UNTIMELY INCORPORATION OF SAN TAN VALLEY Requesting rejection of the proposed incorporation of San Tan Valley as being untimely due to the negative financial impact on other municipalities K• COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters None SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 16 EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M. CANCELLED FOR MONDAY,JULY 5 DUE TO THE INDEPENDENCE DAY HOLIDAY. 17. EXECUTIVE SESSION AT 5.45 P.M AND WORK SESSION AT 7.00 P.M.FOR TUESDAY,JULY 6,2010. 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 "OW Alm N ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through Friday,8 00 a m to 5 00 p m,excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at (480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time CITY COUNCIL REGULAR MEETING JUNE 1, 2010 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on June 1, 2010, at the Apache Junction City Council Chambers pursuant to the notice required by law CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance ROLL CALL Councilmembers Present. Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Coleman Councilmember Dietz Councilmember Serdy Councilmember Wilson Staff Present. Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Parks and Recreation Director Jeff Bell Public Works Director David Fern Assistant to the City Manager Matt Busby Others Present : Assistant to the City Manager Ruth Giese REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 1 OF 14 Public Works Manager Shane Kiesow Captain Arnold Freeman Recreation Superintendent Liz Langenbach Community Resource Coordinator Suzanne Strong Grants Coordinator Roger Hacker ACCEPTANCE OF CONSENT AGENDA ) Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE AWARD OF BID FOR PW 2009-04, IRONWOOD DRIVE IMPROVEMENTS, BE AWARDED TO VISUS ENGINEERING CONSTRUCTION, INC IN THE AMOUNT OF $486, 000 00 PLUS 10% IN THE AMOUNT OF $48, 600 FOR UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT OF $534, 600. 00, AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT; AND THAT RESOLUTION NO 10-13, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, COMMITTING LOCAL FUNDS AS LEVERAGE FOR A FY 2010 COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG") APPLICATION, BE APPROVED Councilmember Barker SECONDED THE MOTION. VOTE. Unanimous . The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS eS A representative from the Lost Dutchman Marathon Committee presented a check in the amount of $20, 000 to the Parks and Recreation Department Scholarship Fund and a check in the amount of $1, 000 to the police department auxiliary ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy encouraged everyone to explore Arizona this year on their vacations . REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 2 OF 14 Councilmember Barker thanked the police department for the great job they did at the high school graduation. Mayor Insalaco commented he participated in the Memorial Day Celebration for the third year in a row at Mountain View Cemetery with all the local organizations. It was a nice ceremony and it was very well done. CITY MANAGER' S REPORT Assistant City Manager Bryant Powell thanked the police department and public works department for their proactive work at the high school graduation. He advised the city manager is out ill PUBLIC HEARINGS None . OLD BUSINESS None . NEW BUSINESS HOUSE BILL 2246, FIREWORKS LEGISLATION AND LOCAL REGULATION ) Apache Junction Fire District Deputy Chief and Fire Marshall Dave Montgomery briefed the council on the item. Mayor Insalaco stated this will not take effect until December of 2010, so it will not be for this Fourth of July. Deputy Chief Dave Montgomery stated that is correct Councilmember Serdy asked if there had been a fire in Scottsdale yesterday caused by a sparkler. REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 3 OF 14 ON City Clerk Kathleen Connelly stated it was two houses and a dog Deputy Chief Dave Montgomery stated he had not heard that Councilmember Serdy commented firecrackers are already illegal, but if you go outside on the fourth of July you hear them. He asked how they enforce that e'S, and what the fine is if they are caught Public Safety Director Jerald Monahan stated he is not sure what the fine is . If the officer was called, it would be handled on a case by case basis, letting the officers use their discretion as to the amount that they have and the potential disruption to the neighborhood Councilmember Serdy commented they might want to do some kind of press release as this gets closer, similar to what they do about shooting in the air on New Year' s and the Fourth. It would be concerning which fireworks are still illegal and to be careful. Councilmember Wilson commented he lives in the rural part of the city. They were reporting that the fire that occurred in Scottsdale was the result of fireworks that are legal Some kids got hold of them, set them off, the firecrackers got hot and the kids threw them down on the ground into some grass which caught fire, which then caught oleanders on fire, which then caught the house on fire. That fire spread to the neighbor' s house The potential is there, especially in our rural area He has great concerns about it They definitely need to be advised as to what they can do and what needs to be done. Councilmember Barker commented page 3, Section 3 infers that an incorporated city or town may regulate this use within its corporate limits, and a county may do the same during times when there is reasonable risk of wildfire in the immediate county. She asked if immediate wildfire only pertains to the county or does it also pertain to municipalities . The sentence is ambiguous REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 4 OF 14 Deputy Chief Dave Montgomery stated he is not sure how to interpret that He has read the same thing and he has the same question. He would defer it to Mr. Stern City Attorney Joel Stern stated it read poorly. The whole sentence reads "The sale and use of permissible consumer fireworks are of statewide concern The regulation of permissible consumer fireworks pursuant to this article and their use is not subject to a governing body except that an incorporated city or town may regulate the use of permissible consumer fireworks within its corporate limits Any county may limit the use of permissible consumer fireworks within the unincorporated areas of the county during times when there is a reasonable risk of wildfires within the immediate county" The way he reads that, the last phrase only applies to counties. He does not know if attorneys wrote this or elected officials. Councilmember Coleman commented it was probably staff over at the state legislature He stated on page 5, Item I, under number 3, it states that the state forester may require reimbursement from cities and other political subdivisions of this state and state and federal agencies for costs incurred in the suppression of wild land fire, pre-suppression or unplanned all risk activities. Councilmember Barker stated that is current language City Attorney Joel Stern stated an attorney wrote that one ImS Councilmember Coleman asked what that means . City Attorney Joel Stern stated they would be paying dependent on how much the state forester believes reimbursement is needed for certain activities . It is current language City Clerk Kathleen Connelly commented she believes the key in the sentence is where it says REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 5 OF 14 reimbursement shall be based on the terms and conditions in cooperative agreements We do not have any cooperative agreement . City Attorney Joel Stern stated they do not at this time. They might say that since there is no cooperative agreement, they will not put the fire out . He does not know how that works City Clerk Kathleen Connelly stated this group would have to approve the cooperative agreement City Attorney Joel Stern stated that is correct. Vice Mayor Eck commented he read an article this weekend where the cities and towns would have their own power over it They can change it However, he might have read that wrong. Councilmember Barker stated that is already in here. Vice Mayor Eck asked if they have a balanced budget for the state. He does not understand why they can fire them off in neighborhoods where they are loud, noisy and bother people, or they can go to the desert and light fires He does not know why this bill is necessary. He does not understand it. He does not know why they would want to make fireworks legal in Arizona He did his share of fireworks as a kid when his parents would take him down to Nogales . He would fill the trunk with fireworks that they did not know were there. He got lucky and did not light any fires He thinks they should control it as much as possible If they put this all over the state, with kids playing with sparklers, every fire department will be out on the weekend putting out fires In these times, with the problems that are going on, it is hard to think of passing legislation to allow fireworks Mayor Insalaco commented he hates to be another wet blanket, but coming from New York the ground never dries up. When the sparklers were a half inch REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 6 OF 14 long, they would throw them through the air When they hit the ground, the moisture in the ground would put them out We have no moisture in the ground here. That is the part that scares him. They say sparklers are not dangerous Let one of them hit the dry brush out here. City Attorney Joel Stern stated the City of Sedona has a similar model ordinance that the chief identified However, it has not gone to the point of adoption yet. They have certain options One is they eliminate the ability to use the permissible consumer fireworks . Allow them, but only on national holidays, or only at public parks, or only at sponsored nonprofit organizations. The nonprofit would conduct the firework demonstrations There are some other interesting things in it like requiring a conditional use permit to have the event. There is zoning being thrown into this . It has not been acted upon yet, but a lot of cities are looking at it He received it at the annual attorney meeting two weeks ago. Mayor Insalaco commented instead of all the rigmarole, they should just say no. City Attorney Joel Stern stated there are certain things they can and certain things they cannot . Vice Mayor Eck asked how long the deputy chief had been doing this. Deputy Chief Dave Montgomery stated he had been doing this for 20 years. eN Vice Mayor Eck asked if he could ever imagine fireworks being legal in Arizona Deputy Chief Dave Montgomery stated he would not have imagined that it could have gotten to this point . If they would have limited it to just sparklers, he probably would not lose any sleep over it. But it went beyond that. Each year, especially as July Fourth comes along, they are down at the high school for the annual city-sponsored event which is always very safe They have never had any incidents REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 7 OF 14 there He looks around at the neighborhoods and sees the consumer fireworks being used and that is what really scares him Now that it will be somewhat easier to get those fireworks, that threat level has gone up a little bit . They are concerned about it and they want to do the right thing They want to help the citizens celebrate safely, but at the same time they want to protect life and property. They have had a great relationship with the police department through the years in working to help mitigate when they find people with illegal fireworks The police department always contacts the fire district and we meet with them, help confiscate the fireworks and get rid of them safely. City Attorney Joel Stern stated under the intergovernmental agreement his department prosecutes the cases that come through the fire district If they are juveniles they go to the county Assistant City Manager Bryant Powell stated this is for discussion now. They have the December llth date. We are watching the model cities' ordinance that is being done by the League. He does not know what the next step is Councilmember Dietz commented they have plenty of time to get something through before it goes into effect . Mayor Insalaco asked if the city attorney thought someone was lobbied to do this . City Attorney Joel Stern /1 asked if he meant an attorney or a politician Mayor Insalaco asked if maybe someone in fireworks had City Attorney Joel Stern stated he does not know. There is a lot of money in it. Public Safety Director Jerald Monahan stated they will be going to work with the fire district to do a joint public safety agreement and follow up on that REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 8 OF 14 suggestion They have time to go to work and make this a media campaign and look for the citizens to use reasonable care as they try to enjoy their fireworks Mayor Insalaco closed the discussion and moved on to the next item FISCAL YEAR 2009-2010 COUNCIL WORK PLAN Assistant to the City Manager Ruth Giese briefed the council on the accomplishments of the City Council with regard to the legislative work plan and other accomplishments that were not on the work plan that were pursued Councilmember Barker asked if they would get a copy of this. Assistant to the City Manager Ruth Giese stated they would Councilmember Dietz commented he thinks it is amazing what the grant money has accomplished It was a consensus that Roger and Heather have been busy Vice Mayor Eck commented that the council is not doing the work on this . They are just pointing the fingers Staff is doing all the work. It has been a terrific job Councilmember Dietz commented this is millions of dollars of things that the public did not have to pay for It did not come out of the general fund Assistant City Manager Bryant Powell stated the city manager would like them to start thinking about their work plan for next year They will begin working with Ruth and Matt Busby to think about ideas for next year RESOLUTION NO. 10-17, AUTHORIZING THE SUBMISSION OF A GRANT REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 9 OF 14 APPLICATION TO THE BUREAU OF JUSTICE ASSISTANCE FISCAL YEAR 2010 BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ) Captain Arnold Freeman briefed the council on the item. Vice Mayor Eck asked if he is asking them for $469 20 for their match. Captain Arnold Freeman stated that is correct It was a consensus that it sounded good to them. Councilmember Barker commented she wanted to give him kudos for covering everything she could have possibly wanted to ask The warranties, the supplies, everything is in this packet. Captain Arnold Freeman stated they will go live on June 18 and discontinue the use of paper tickets for the motor officers and those assigned to the emachines . They will not have to order so many paper tickets City Clerk Kathleen Connelly stated there is no vote on this tonight It will be on their agenda in two weeks Mayor Insalaco closed the discussion and moved on to the next item COUNCIL DIRECTION TO STAFF TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY (TEA-21) PROPOSED STATE PROJECTS FOR ROUND 18 FUNDING) Grants Coordinator Roger Hacker briefed the council on the item. Councilmember Serdy commented these are kind of hard to interpret as some of them overlap REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 10 OF 14 0101 ON The Highway 88 intersection is on two of them. He is for the one that would have the most impact on the downtown and bringing people down there in the future It is either number 2, 3 or 4 Number 1, the east entrance, is way too expensive. It is for the future He asked his opinion on which one would be in the zone for the triangle of the old Grand Hotel If anything is ever developed there, it would have the most impact to us . Grants Coordinator Roger Hacker stated he would think they would get the most bang for their buck and make the biggest statement if they did the Old West Highway and the Idaho Road intersection. Councilmember Serdy stated that is a corner of that property. Grants Coordinator Roger Hacker stated that is correct . They could do a complete project with up to $1, 000, 000, unlike Idaho Road where they would have to do it in segments They would have to wait another 3 years until they could apply for additional funding. In terms of option 4, the Highway 88 and Superstition Boulevard roundabout, the city needs to do a couple of steps outside of the TEA-21 program that would actually build the roundabout The city would have to come back at a future date and ask for the enhancement to do the landscaping He suggested they take number 4 off the table Councilmember Barker commented if they decided on the local project, which they did on May 17 to do an enhancement project on North Apache Trail from Apache Trail to Idaho, that if the state project then were to be the enhancement of that Idaho intersection, they would fit together rather than doing a project here and another over there They would be going in some sort of linear fashion Councilmember Serdy commented it would also tie into anything they are doing at the focal point . Councilmember Barker commented it would also tie into the Plaza Drive piece because REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 11 OF 14 that will come out that way. We will have several pieces of those spokes worked on already if they are to go that route. Vice Mayor Eck asked if they are looking at different funding because of future development on the issue of coming into the community on the freeway Grants Coordinator Roger Hacker stated that is his understanding ON Vice Mayor Eck stated that is a real important one to him He thinks they will have a lot of people if they get something good there Councilmember Barker asked if he is just looking for the state project here. She thought they had already voted on the local project. Grants Coordinator Roger Hacker stated that is correct . There was general discussion on what the items Mayor Insalaco closed the discussion and called for a motion Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE TRANSPORTATION EQUITY ACT OF THE 21ST CENTURY (TEA-21) PROPOSED STATE PROJECTS FOR ROUND 18 FUNDING. BE NUMBER TWO, OLD WEST HIGHWAY AND IDAHO ROAD (HIGHWAY 88) INTERSECTION LANDSCAPING AND em1 DRAINING IMPROVEMENTS Councilmember Dietz SECONDED THE MOTION. VOTE Unanimous . The motion carried SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 12 OF 14 /111144. Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 5 45 P.M. AND A WORK SESSION AT 7 . 00 P M. BE HELD ON MONDAY, JUNE 14, 2010, 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 15, 2010, IN THE CITY COUNCIL CHAMBERS Vice Mayor Eck SECONDED THE MOTION. VOTE. Unanimous . The motion carried. CALL TO THE PUBLIC• Ms . Joy McNulty, 958 E. Friar Avenue, addressed the council regarding her concerns on House Bill 2246 and requested the city take action to reduce the damages caused by fireworks . Councilmember Barker thanked her for her comments and added the language on toy pistols and toy guns and other devices in which paper caps are placed is part of the early language. It is not part of the current language; that was the bill she was fighting with before. Vice Mayor Eck commented his uncle and his best friend were horsing around when they were kids, lighting firecrackers, tossing them and letting them pop His friend lit the firecracker and did not throw it in time and it blew his finger off It was just a regular firecracker ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 . 50 p m Consent Agenda Items are as follows 1 . Acceptance of Agenda. 2 Acceptance of Minutes of Regular Meeting of May 15, 2010 REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 13 OF 14 3 . Consideration of PW 2009-04, Ironwood Drive Improvements, award of bid to Visus Engineering Construction, Inc. in the amount of $534, 600 00 4 Consideration of Proposed Resolution No 10-13, authorizing the use of local funds as leverage for the City' s Fiscal Year 2010 Community Development Block Grant application ACCEPTED THIS 15TH DAY OF JUNE, 2010, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF JUNE, 2010 . JOHN S INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 1st day of June, 2010. I further certify that the meeting was duly called and held and that a quorum was present . Dated this 4th day of June, 2010. b / II KATHLEEN CONNELLY v City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 1, 2010 PAGE 14 OF 14 gACH o City of Apache Junction Nome of the Superstition Mountains 4a/zaNf tal Print TO• City Manager's Office FROM: James W. Hazel, Jr. Presiding Magistrate DATE: June 15, 2010 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: Consideration of appointment of Pro-Tern Magistrate ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: Consideration of appointment of Walter Switzer as magistrate pro-tern for a two year term FISCAL IMPACT: OPTIONS/ALTERNATIVES: City Code Requirement RECOMMENDATION: p ATTACHMENTS: Click to download D Memo regarding Deputy Magistrate Ages APACHE JUNCTION MUNICIPAL COURT 300 E. SUPERSTITION BLVD. APACHE JUNCTION, ARIZONA 85119 480-982-8250 TO: Mayor and City Council FROM: James W Hazel, Magistrate RE Appointment of Pro-Tern Magistrate DATE: May 25, 2010 At the June 15, 2010 meeting on the consent agenda, I am requesting the appointment of pro-tern magistrate Walter Switzer for a two-year term. Section 5-1-3 of the City Code provides for the appointment of magistrates pro- tern. The usual procedure is to appoint these individuals for a two year period The current applicant is Walter Switzer Walter Switzer was an assistant city attorney as well as long time magistrate in the Mesa Municipal Court. He is also a current judge pro-tern for the City of Tempe. PIN Suggested motion: "I move that Walter Switzer be appointed as a pro-tern City Magistrate for the term of July 1, 2010 through June 30, 2012; and, The appointment is to be effective for said term after the execution of the Oath of Office." 0 Ci0 ofaCeJunction Home ofthe Superstition Mountain., al Print TO: City Manager's Office FROM: R. Joel Stern, City Attorney DATE: June 15, 2010 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: Consideration of Employment Agreement for City Magistrate. ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: The City Magistrate has negotiated continued employment with the City FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval ATTACHMENTS: Click to download n City Magistrate Employment Agreement EMPLOYMENT AGREEMENT WITH PRESIDING MAGISTRATE THIS AGREEMENT is made and entered into this day of June, 2010 by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation (hereinafter "City") and JAMES W. HAZEL, JR., Presiding City Magistrate (hereinafter "Contract Employee"), sometimes collectively referred to as the "Parties", each of whom understand as follows: RECITALS A. The Mayor and City Council have completed a recruitment process for the position of Presiding City Magistrate. B. City desires to engage Contract Employee for magistrate services pursuant to Apache Junction City Code, Volume I, Section 5-1-2. C. It is the desire of the City Council to: (1) secure and retain the services of Contract Employee and to provide inducement for Contract Employee to remain in such employment; (2) to make possible full work productivity by assuring Contract Employee's morale and peace of mind with respect to future security; (3) to guard against malfeasance or dishonesty for personal gain on the part of the Contract Employee; and (4) to provide a just means for terminating Contract Employee's services at such time as Contract Employee may be unable fully to discharge Contract Employee's duties or when City may desire otherwise to terminate Contract Employee's employ. D. Contract Employee desires to provide magistrate services to City. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION 1. DUTIES Council hereby agrees to employ Contract Employee as the Presiding Magistrate of the City to perform the functions and duties specified in the Apache Junction City Code, Volume I, Section 5-1-4 and as required by law of the State of Arizona, including state statutes and/or rules and administrative orders of the Arizona Supreme Court. SECTION 2. TERM A. The term of this agreement and appointment of Contract Employee as Presiding Magistrate shall be from June 15, 2010 through June 15, 2014. Contract Employee shall continue to have formal authority to act as Presiding City Magistrate under the terms of this Agreement and the terms of this Agreement shall continue to apply until such time as the City Council acts on renewal. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Council to terminate the services of Contract Employee as provided by State law. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Contract Employee to resign at any time from employment of City, subject only to the provisions set forth in Section 3 of this Agreement. D. Contract Employee agrees to remain in the exclusive employ of the City during the contract period and neither accept nor become employed by any other employer until Contract termination, except that Contract Employee may engage in part-time teaching at a college or university level. SECTION 3. TERMINATION A. In the event Contract Employee voluntarily resigns his position before expiration of the aforesaid term of employment, Contract Employee shall give City a thirty (30) calendar day advance notice, or such advance notice as may otherwise be mutually agreed upon. B. In the event Contract Employee is terminated by council action or should the City Council choose not to renew Contract Employee's contract upon said contract's expiration, City will pay as partial contractual compensation severance pay to Contract Employee in an amount equal to three (3) months of salary. C. Contract Employee shall not receive any severance award if Contract Employee: 1. voluntarily resigns from his position or requests that he not be considered for reappointment, or 2. is removed by City Council action for specific allegations of malfeasance or misfeasance. Such allegations may include, but are not limited to: (a) willful and wanton misconduct in office; (b) performance of an illegal act. 2 3. is terminated by City Council action before the expiration of the contract term for only the following reasons: (a) willful and wanton misconduct in office; (b) performance of an illegal act; (c) death or incapacitation. SECTION 4. SALARY AND ANNUAL PERFORMANCE EVALUATION City agrees to pay Contract Employee for his services rendered pursuant hereto at an annual base salary of One Hundred Thousand Dollars and Zero Cents ($100,000.00) and any cost of living increases or base wage adjustments received by other career employees shall also be applicable to such salary. Payment of said salary shall be made at the same time and manner as other employees of the City are paid. City agrees to pay as additional compensation the severance pay provided for by Section 3 of this Agreement subject to the conditions contained in said Section. The parties both agree that they will not seek a change of salary during the term of this Agreement. Contract Employee shall be evaluated annually, to be completed no later than June 1 of each year this Agreement is in effect. The evaluations shall be conducted in accordance with the performance standards as determined by the City Council for said purposes, considering among other items standard for trial judges as established by the Commission on Judicial Performance Review of the Arizona Supreme Court. Nothing in this provision is to be constructed as creating either a promise or expectation of reappointment or contract renewal, and it is understood by Contract Employee that any reappointment or renewal would be a matter left to the unconditional discretion of the City Council of the City of Apache Junction. SECTION 5. HOURS OF WORK; VACATION; SICK LEAVE; PERSONAL DAYS A. Hours Monday - Friday. Contract Employee shall not work less than an average of forty (40) hours per week except when a court holiday occurs or when on leave approved by the Mayor. In the event Contract Employee is required to work more than forty (40) hours in a week, Contract Employee shall not be compensated for any additional time. B. Weekend Hours. Contract Employee will provide magistrate services every other weekend and may utilize pro-tern magistrates on alternative weekends to provide for magistrate services. Contract Employee shall 3 establish the schedule for weekend coverage within thirty (30) calendar days of the start of this agreement. C. Holidays. Contract Employee shall be entitled to such City holidays or State holidays as required by law. If need dictates that Contract Employee work a City holiday, Contract Employee is entitled to exchange a normal workday for the purpose of having a day off. D. Vacation, Contract Employee shall on an annual basis accrue twenty-five (25) days or Two Hundred (200) hours of vacation leave. Annual vacation leave accrual balance shall be credited on December 15 each year this Agreement is in effect. E. Sick Leave. Contract Employee shall on an annual basis accrue Ninety- Six (96) hours (12 days) of sick leave. F. Personal Days. For each calendar year of this Agreement, Contract Employee may use Sixty Four (64) hours for personal business, none of which shall accrue nor shall be reported to City's Human Resources Division or Finance Department as "time-off'. G. Hours of Work. It is recognized that Contract Employee must devote a large amount of time outside traditional business hours to the business of the City. Contract Employee shall be permitted to adjust his work schedule as he deems appropriate, so long as he is available and the judicial administration of the City is not harmed. SECTION 6. PROFESSIONAL DEVELOPMENT A. City hereby agrees to budget and to pay the travel and subsistence expenses of Contract Employee for professional and official travel, meetings and occasions adequate to continue the State Supreme Court required or recommended professional development of Contract Employee. B. City also agrees to budget and to pay for travel and subsistence expenses of Contract Employee for short courses, institutes and seminars which are necessary for professional development and for the good of City, subject to the Mayor's determination as to what is necessary. C. City agrees to pay professional dues and association dues, which are necessary for participation in national, regional, state and local professional associations, or are reasonably related for the maintenance of professional credentials, or for reasonable professional development, subject to the Mayor's determination as to what is necessary. 4 SECTION 7. OTHER TERMS AND CONDITIONS A. The City Council shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Contract Employee, provided such terms and conditions are not inconsistent with or conflict with the provisions of this Agreement, the Apache Junction City Code, Arizona Revised Statutes, or any other statute, ordinance or regulation. B. City shall pay on behalf of Contract Employee all family premiums for dependent health/dental/vision insurance in an amount not to exceed Five Thousand Dollars ($5,000) annualized per pay period on a fiscal year basis. C. Unless otherwise negotiated, all action taken by Council relating to fringe benefits for employees in the executive ranges shall be considered actions granting the same benefits to Contract Employee. The term "fringe benefits" include vacation, sick leave, holidays, retirement, life and long-term disability insurance, except however, in the case of life and long-term disability insurance, City shall pay such premiums at no cost to Contract Employee. The Contract Employee shall be covered by the City's insurance for errors and omissions. SECTION 8. GENERAL PROVISIONS A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Contract Employee. C. If any provisions or any portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. SECTION 9. NOTICES Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, or through overnight carrier service, addressed as follows or as such address may be changed from time to time upon notice to the other: City: Mayor John Insalaco City of Apache Junction 300 East Superstition Boulevard 5 Apache Junction, AZ 85219 Contract Employee: James W. Hazel, Jr. IIIIIIIIIIIIIIIIIIIIIIIIII SECTION 10. ASSIGNMENT This Agreement is not assignable by either City or Contract Employee. IN WITNESS WHEREOF, City and Contract Employee have caused this Agreement to be executed the day and year first above written. CONTRACT EMPLOYEE By: Date James W. Hazel, Jr. CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Date John S. Insalaco, Mayor ATTEST: Kathleen Connelly, City Clerk APPROVED AS TO FORM: Richard J. Stern, City Attorney 6 EACH Rio of Apache junction U 2. Home of the Superstition Mountains ea Print TO: City Manager's Office FROM: R.Joel Stern, City Attorney DATE: June 15, 2010 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: Consideration of Employment Agreement for City Manager. ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: The City Manager has negotiated continued employment with the City FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval ATTACHMENTS: Click to download U City Manager Employment Agreement EMPLOYMENT AGREEMENT WITH CITY MANAGER THIS AGREEMENT is made and entered into this day of June, 2010 by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City" or "City Council" or "Council"), and GEORGE R. HOFFMAN, ("Employee" or"City Manager"), both of whom understand as follows: RECITALS A. Arizona Revised Statutes Annotated ("A.R.S.") § 9-303(A) allows the City to create the Office of City Manager. B. A.R.S. § 9-303(B) allows the City to specify the powers and duties relating to the affairs of the City Manager. C. A.R.S. § 9-303(C) mandates that the person appointed to the Office of City Manager serve at the pleasure of the City Council and such person may be removed without cause by a majority vote of the City Council. D. The City has established an Office of the City Manager pursuant to Apache Junction City Code ("A.J.C.C.") Article 3-1. E. The City and the Employee entered into an Employment Agreement on August 19, 2003. F. It is the intention of the parties to modify the terms and conditions by which the City shall receive and retain the services of Employee and to provide for him to remain in such employment; to make possible full work productivity by assuring his morale and peace of mind with respect to future security; to deter against malfeasance or dishonesty for personal gain on his part; and to provide for terminating his services at such time as he may be unable to fully discharge his duties or when City Council may otherwise desire separation from service. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1. DUTIES Council hereby agrees to employ Employee as City Manager to assume the powers of and perform the functions and duties specified in A.J.C.C., Vol. I, Article 3-1, and such other applicable ordinances and resolutions now in effect or hereafter adopted by Council. SECTION 2. AT-WILL EMPLOYMENT STATUS A. Employee shall fulfill the powers, functions and duties of City Manager and shall serve at will in this capacity until such time as this Agreement is terminated by operation of law or otherwise. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City Council to terminate the services of Employee at any time. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position as City Manager. D. Employee agrees to remain in the exclusive employ of City until notice of termination of this Agreement has been tendered; provided, however, Employee may engage in such additional activities such as teaching, writing, speaking or consulting, on Employee's vacation time off if Employee is compensated for such activities, as long as a conflict of interest is not created by engaging in such activities. SECTION 3. SEPARATION FROM SERVICE A. In the event the City Council desires Employee to no longer serve the City, an affirmative vote of four (4) or more members of the Council at any regular meeting or special meeting is required. Separation of service may be accomplished through A.J.C.C., Vol. I, Article 3-1 or by negotiated resignation. Notwithstanding the restrictions set forth below in § 3(C), a lump sum cash payment shall be paid to Employee consisting of six (6) months of: (i) Employee's then current aggregate salary, (ii) the City's annual 401(a) Retirement Plan contributions, (iii) and the City's annual 457 Deferred Compensation Plan contributions, and an amount equal to six (6) months health insurance Employee shall also be paid all accrued vacation, sick, and all unused personal leave.. Employee and City shall give each other sixty (60) days written notice of termination should they desire to terminate this agreement. During this time period, Employee shall continue to be paid his salary, together with all benefits negotiated herein. B. As a condition precedent to receiving any severance payment, Employee shall execute a severance agreement acceptable to both parties, which shall include Employee's (i) full release of the City, City Council members, and all of its agents and employees from any and all claims, including but not limited to demands, damages, causes of action or liability arising out of Employee's employment or termination of 2 employment with City, and any age discrimination actions, and (ii) agreement not to initiate or cause to be initiated under any lawsuit, claim, grievance, proceeding or investigation of any kind, under any contract, law or regulation, pertaining to his employment with the City. C. Upon other separation from service, including but not limited to retirement (but not including an involuntary termination due to any felony conviction), Employee shall receive all accrued vacation, sick, and administrative leave balances at 100% value at Employee's then-currant hourly rate. SECTION 4. SALARY AND ANNUAL PERFORMANCE EVALUATION City agrees to pay Employee One Hundred Sixteen Thousand, Seven Hundred Sixteen Dollars and Ninety Seven Cents ($116,716.97) per annum for services, payable in installments at the same time as other employees are paid. Any Cost of Living, Base Wage adjustment, or service award provided to classified employees shall be equally awarded to Employee, and any salary reduction or furlough imposed by the City on classified employees shall equally affect Employee. Salary increases may, at Employee's discretion, be deposited into his 401(a) ICMA Executive Retirement Plan referenced below if permitted under IRS rules and regulations. Following an evaluation by the City Council, Employee and City may negotiate additional compensation and benefits as they deem fit. The City Council may also provide periodic performance bonuses in its discretion. The annual performance evaluation shall be in accordance with specific criteria and goals jointly developed by Employee and the City Council. The goals shall be assigned relative priority by the City Council and Employee, and shall be reduced to writing. Such goals may be modified from time to time by the City Council in consultation with Employee. SECTION 5. OTHER SUPPLEMENTAL BENEFITS A. Vacation Leave. Employee shall on an annual basis accrue Twenty-Four (24) days or One Hundred Ninety-Two (192) hours of vacation. On July 8, 2010 and July 7, 2011, the City shall convert three hundred and nine (309) hours of Employee's accrued vacation leave into a lump sum cash payment and provide such payment to Employee at Employee's then current hourly rate. B. Sick Leave. Employee shall on an annual basis accrue Twelve (12) days or Ninety-Six (96) hours of sick leave. Upon separation from service Employee shall receive all of his accrued sick leave balance at one hundred percent(100%) value at Employee's then-current hourly rate. 3 C. Personal Days. This Agreement modifies the August 7th, 2007 Employment Agreement in the City Manager's attempt to reduce cash expenditures for the City. In addition to the ten (10) personal days provided for in that Agreement, Employee may also utilize personal days in an amount not to exceed the value for 2007 car and gas allowance, and if unutilized, the executive physical examination. Employee shall report the utilization of personal days to the City Council. Any remaining personal days shall be converted to vacation leave on the last full pay period of each fiscal year. D. Notification. Employee shall notify Mayor of any planned or unplanned absences from the office. E. Professional Dues, Seminar Costs, and Subscriptions. Because Employer encourages Employee to attain positions of leadership in national, state regional and local associations and organizations relevant to his profession, City will pay for all seminars, educational programs and materials, and professional dues, including but not limited to all national, state, regional, and local association affiliation membership costs, subscriptions, travel and subsistence expenses, which relate to municipal issues, and those which otherwise would assist the City Manager in the performance of his duties. F. Deferred Compensation (457 Plan). Employee may contribute the maximum amount allowable under I.R.S. rules and regulations during each calendar year this agreement is in effect to City's Deferred Compensation 457 Plan. City shall contribute on behalf of Employee an amount equal to the then current maximum allowable 457 Plan amount into the 401(A) Profit Sharing Plan identified below. This City-paid contribution shall be in addition to any 401(A) Profit Sharing Plan contribution the City has agreed to pay to Employee as otherwise set forth in this agreement, except that for Fiscal year 2010-2011, Employee waives the allowable catch-up provision for reaching 50 years of age and City shall not pay such amount. G. ICMA 401(A) Profit Sharing Plan. Beginning July 1st of each fiscal year this agreement is in effect, City shall contribute on behalf of Employee sixteen percent (16%) of Employee's gross salary into the ICMA 401(A) Profit Sharing Plan. Employee shall be vested in all contributions at the time the City deposits its first contribution into the Plan on behalf of the Employee. Nothing in this paragraph restricts additional Employee contributions into the ICMA 401(A) Profit Sharing Plan. H. Bond. The City shall pay the bond requirement set forth in A.J.C.C. Article 3-1, § 3-1-5, in its entirety. 4 I. Other Benefits. All action taken by City Council relating to fringe benefits for employees in the executive ranges shall be considered actions granting the same benefits to Employee. The term "fringe benefits" include but are not limited to vacation, sick leave, holidays, retirement, health, dental, vision, long-term disability and life insurance. City shall pay for the costs of an annual executive physical examination (and any related testing) to the extent not covered under the above-referenced health plan, including any deductibles or co-pays. City shall pay 100% of the premium for Employee's dependents in the health and dental plans referenced above. Employee may, at his discretion, decide to decline the health, dental, vision, and life insurance coverages which are provided by City. In such case, and with an amount of time required by insurance providers, Employee may request, and City shall effectuate, conversion of such value and deposit such amount into Employee's 401(A) Plan identified in subsection G above. The benefits provided to Employee under this Agreement shall not be reduced or eliminated unless the City Council reduces such benefits for all regular classified employees of the City. J. Residency. Employee agrees to maintain residence within the corporate boundaries of the City of Apache Junction, Arizona. K. Hours of Work. It is recognized that Employee must devote a large amount of time outside traditional business hours to the business of the City. Employee shall be permitted to adjust his work schedule as he deems appropriate, so long as he is available and the management of the City is not harmed. SECTION 6. INDEMNIFICATION City shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or any other legal action, whether groundless or otherwise, arising out of any alleged act or omission occurring in the course and scope of performance of Employee's functions and duties. City will compromise and settle any such claim or suit and pay the amount of all settlements or judgments rendered against Employee. SECTION 7. OTHER TERMS AND CONDITIONS The City, in consultation with Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or conflict with the provisions of this Agreement, the Apache Junction City Code, or any other statute, ordinance or regulation. 5 SECTION 8. NOTICES Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, or through overnight carrier service, addressed as follows or as such address may be changed from time to time upon notice to the other: City: Mayor John Insalaco City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85219 Employee: Geor a R. Hoffman SECTION 9. ATTORNEY FEES In the event it becomes necessary for either party to bring legal action to enforce any provision of this Agreement, the parties agree that the prevailing party shall be entitled to attorney fees. SECTION 10. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties. No other promises, representations, warranties, or covenants have been relied on by either party in executing this Agreement. SECTION 11. ASSIGNMENT This Agreement is not assignable by either City or Employee. SECTION 12. EXECUTOR/HEIRS INTERESTS This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the Employee. SECTION 13. SEVERABILITY If any section, paragraph, clause or provision of this agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this agreement. 6 IN WITNESS WHEREOF, City and Employee have caused this Agreement to be executed the day and year first above written. EMPLOYEE Date George R. Hoffman CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Date John S. Insalaco, Mayor ATTEST: Kathleen Connelly, City Clerk APPROVAL AS TO FORM: R. Joel Stern, City Attorney 7 1 ON ON RESOLUTION NO. 10-21 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE CITY' S POLICY ON NEIGHBORHOOD TRAFFIC CALMING FOR PUBLIC STREETS IN RESIDENTIAL AREAS BY REPEALING THE EXISTING POLICY IN ITS ENTIRETY, ORIGINALLY ADOPTED UNDER RESOLUTION NO. 99-08; AND ADOPTING A REVISED POLICY. WHEREAS, on May 18, 1999, the Mayor and City Council approved Resolution No. 99-08, establishing a neighborhood traffic calming policy; and WHEREAS, concerns about excessive traffic volumes and/or excessive traffic speeds along public streets in residential areas have become more frequent and widespread with continued development of the City and surrounding areas; and WHEREAS, since 1999, there have been substantial technological advancements in traffic calming devices, such as the new speed cushion alternative; and WHEREAS, it is beneficial to property owners within the City to make available such state-of-the-art devices, and to include changes in the policy pertaining to the approval process, a removal policy and appellate remedies; and WHEREAS, the City desires continued participation with neighborhoods and citizens in traffic calming requests; and WHEREAS, on May 17, 2010, the Mayor and City Council directed staff to prepare appropriate changes to the existing traffic calming policy NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS 1 The existing City of Apache Junction "Neighborhood Traffic Calming Policy for Public Streets in Residential Areas" as adopted and approved in Resolution No. 99-08 is hereby repealed 2 . An amended "Neighborhood Traffic Calming Policy for Public Streets in Residential Areas, " as more fully set RESOLUTION NO. 10-21 PAGE 1 OF 2 1 _ \A forth in Attachment A, is hereby adopted and made a part hereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2010 SIGNED AND ATTESTED TO THIS DAY OF , 2010 JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 10-21 PAGE 2 OF 2 ATTACHMENT A NEIGHBORHOOD TRAFFIC CALMING POLICY FOR PUBLIC STREETS IN RESIDENTIAL AREAS Policy The City of Apache Junction ("City") is interested in preserving the quality of life within its neighborhoods. Many residents believe that control of traffic volumes and traffic speeds along local streets are critical to maintaining an acceptable quality of life The purpose of this policy is as follows. 1 Acknowledge the necessity for sound traffic calming design in the planning and development of new residential subdivisions 2. Set forth the process and cntena by which citizen requests for traffic volume and speed controls will be evaluated and potentially implemented. This policy only applies to roadways functionally classified, in the Apache Junction City Code Volume II, Land Development Code, Chapter 2, as local streets This policy is applicable only to requests for traffic control measures initiated by residents in affected neighborhoods This policy is not applicable to design and evaluation of traffic signals, signs and markings based on City, State or Federal policies and guidelines, including the Manual on Uniform Traffic Control Devices Neighborhood Traffic Management Design City staff and residential subdivision developers must be sensitive to quality of life, safety, comfort and convenience issues when designing new residential subdivisions Planning for residential or local streets is a cntical government responsibility Residential street design and traffic control should provide neighborhoods quality of life protection Neighborhood Traffic Calming Measures There are varying degrees of traffic calming measures Low impact measures may be implemented by a single citizen request, and can include. 1 Temporary placement of mobile radar speed display trailers 2 Increased traffic enforcement presence 3 Installation of speed limit signs at all entries to a neighborhood from artenal or collector streets 4. Stop sign reversal or installation of all-way stop control at residential street intersections. 5 Installation of"Residential Area" warning signs and/or placards (on existing speed limit signs) Moderate and major impact traffic calming measures require full neighborhood participation. This participation is demonstrated through a neighborhood petition process. Petitions must be 1 circulated to all impacted property owners who own property in the neighborhood Seventy percent (70%) or more of the property owners in the neighborhood must be in favor of the proposed traffic calming measure. Property owners who do not sign the petition are considered opposed to the installation Additionally, 100% of the property owners owmng property situated within 50 feet of the proposed location of the traffic calming device, as measured in all directions, must be in favor of the device and shall indicate such preference by signing the petition. Moderate impact measures are. 1 Turn prohibition signs (may be for selected times of day) 2. One-way traffic signs 3 Speed humps. 4. Speed Cushions 5 Marking bike lanes to reduce vehicular lane widths, where feasible with existing street width and on-street parking patterns 6. Fixed mounted Radar Speed Display Signs. Major impact measures are. 1. Diverters (barriers) constructed to restrict selected turn movements or through movements at intersections. 2. Roundabouts 3 Street Closures/Cul-de-sac. 4. Chokers/Chicanes (narrowed street sections) to reduce vehicular lane widths and curvilinear movement along an existing straight street 5. Others options suggested by residents. The Public Works Department has the option to utilize new technologies and concepts while conferring with the Police Department and Fire Distnct before new traffic calming measures are deployed within the nght-of-way Traffic Calming Process The process for initiating a traffic calming request is as follows. 1 A resident shall contact the Police Department or the Public Works Department to report a neighborhood traffic problem 2 If the traffic problem requires intervention by the Public Works Department, Public Works shall schedule a survey of the conditions, including a review of street type, street design, land uses, traffic volume and/or speeds 3 Based on the survey of conditions, low impact traffic calming measures are suggested to the resident. 4 If the low impact measures have been implemented in the neighborhood, but are ineffective based upon follow-up surveys by the Public Works Department, more significant traffic calming measures shall be pursued upon request of the resident 2 5. The resident shall complete a Traffic Calming Request form provided by the Public Works Department. The form must include the names of at least five residents, from separate households in the neighborhood, who will assist City staff with the neighborhood participation process. 6 Public Works Department staff shall help the five member resident's group organize and distribute notification about a neighborhood meeting on traffic calming 7 A neighborhood meeting shall be held to identify traffic-related concerns, to focus on the area of greatest concern, and to form a committee of residents willing to work on identification and evaluation of traffic calming measures. 8. Through a senes of meetings, Public Works and Public Safety staff shall assist the citizen committee in evaluating the positive and negative aspects of proposed traffic calming measures. 9 A follow-up neighborhood meeting shall be held by the committee to obtain comments on their proposed traffic calming solution If the proposed measures are not favored by a majonty of residents, the committee may choose to work on alternative measures, circulate petition forms, or discontinue the project. Public Works staff will assist with the development of petition boundaries defining the impacted area(s) which would be subject to final approval by the City Engineer. 10. When the committee's proposed traffic calming solution is acceptable to the residents, petition forms provided by the City shall be circulated among the impacted neighborhood residents. 11 The Public Works Department will provide traffic calming implementation cost estimates for measures found to be warranted and provide this information to the neighborhood committee 12. A location may not be studied by the Public Works Department more than once in a twelve month penod, unless significant changes in traffic conditions occur. Petition Requirements 1 The committee circulating petitions must contact 100% of the impacted neighborhood residents including,property and business owners. 2. Completed petitions must contain signatures from not less than 90% of the property owners or businesses in the neighborhood, including persons in favor of or in opposition to the proposed traffic calming measure(s). 3 The Public Works Department shall provide the petition forms and other documents, which shall include an exhibit showing the placement of the traffic calming device(s) 4. The petition form shall discuss the implementation cost and how the device shall be funded 5. The Public Works Department shall provide the boundary of the neighborhood area for which the petition is to be circulated by the committee. The petition area boundary must include streets to which traffic may be diverted due to implementation of the measure 6. Any moderate or major impact traffic calming measure must receive support by not less than 70% of the property owners signing the petition. Only one signature per household or business shall be counted to determine 70% approval. 3 Pis 7 One hundred percent (100%) of the property owners located within 50 feet, in any direction, of the moderate or major impact traffic calming measure, to be constructed in a public street, must be in favor of the traffic calming measure. 8 Completed petitions must be returned to the City no later than 90 calendar days from the date they were obtained from the Public Works Department by the petitioners 9 The Public Works Department shall review the completed petition forms to venfy Property ownership The Public Works Director shall not accept petitions that exceed 90 calendar days. Evaluation Proposed traffic calming methods shall be evaluated as follows. 1. The Public Works Department shall maintain a list of criteria justifying the implementation of each type of traffic calming device 2. Traffic calming measures shall not be implemented unless traffic count standards are met. 3 Petition requirements shall be met as outlined above. 4 The proposed traffic calming measures shall not be implemented if a majority of the emergency service providers, identified as police, fire and ambulance service, cite adverse impacts and do not approve the measure 5. All traffic calming measures involving reconstruction in the roadway such as barriers, speed humps, traffic circles and street closures, may affect storm water runoff The City Engineer shall evaluate the drainage impact of the proposed measure. Financing 1. The residents shall contract with a registered professional civil engineer to design a major traffic calming measure and revise the subdivision drainage report. These documents shall be stamped by the civil engineer and submitted to the Public Works Department for review and approval. 2. The residents shall be responsible for contracting and funding the installation work when the vehicle traffic count is recorded at less than 500 trips per day When a vehicle traffic count of between 500 and 999 trips per day is recorded, the installation cost of the traffic calming measure will be equally split between the neighborhood and the City. The work shall not be performed until the neighborhood share of the installation cost is provided to the Public Works Department When vehicle traffic counts exceed 1,000 trips per day, the Public Works Department will contract for and fund the installation of the traffic calming measure. 3. The work shall be subject to all applicable plan review, permitting and inspection requirements of the City. 4 The Public Works Department shall provide and install the necessary advance warning signs and pavement markings. 5. The City shall be responsible for the perpetual maintenance of the traffic calming measure, once accepted by the Public Works Department. 4 Traffic Calming Measure Design The City Engineer shall be responsible for approving the design of all traffic calming measures and such design shall serve as the approved plan for construction by the installation contractor Traffic Calming Device Removal Requests for removal can be made no earlier than 12 months after the project has been completed unless for health and safety reasons The process to remove traffic calming devices shall be the same process used to install such devices. If approved, the neighborhood shall pay for any associated street repairs Once traffic calming devices are removed from a location under this process, that location cannot be reconsidered for a traffic calming device installation for three years after such devices are removed unless significant changes in traffic conditions occur PROCEDURE FOR REQUESTING SPEED HUMPS OR SPEED CUSHIONS Purpose Due to the increasing demand for speed control devices on residential and collector streets, the Public Works Department has established a mechanism by which speed humps or speed cushions can be installed to address speeding and cut-through traffic concerns on residential and collector streets. Speed humps are raised devices placed perpendicular across the street to slow traffic They are 3 inches in height and 6 feet in width Speed cushions are three small speed humps placed equal distance apart and placed perpendicular across the street to slow traffic Speed cushions will allow wider axle emergency vehicles to pass through without slowing them down. They are typically 3 inches in height and 36 inches and up in width Process The City of Apache Junction needs to be assured that strong neighborhood support exists, particularly by residents living nearest the speed humps or speed cushions The neighborhood residents need to be aware that they are financially responsible for the speed hump or speed cushions installation costs depending on the vehicle traffic counts. The Traffic Calming Process section of the Policy on Neighborhood Traffic Calming for Public Streets in Residential Areas shall guide residents through the process to request speed humps or speed cushions Questions about this process should be directed to the City Engineer at(480) 982-1055 Critena for Speed Hump/Speed Cushions Qualification Speed humps or speed cushions shall be considered for installation only when a location meets all of the qualification cntena listed below 1. Must be a paved, residential or collector street with a speed limit of 30 miles per hour or less There are no fewer than six houses per one-eighth mile with dnveways onto the street. The street must be a minimum of 600 feet in length with a maximum length of one mile 5 2 Streets must have a crown or high point in the center of the street that enables water to flow toward and to drain along the sides of the street 3 Street drainage must not be significantly compromised, as determined by the City Engineer. 4 Vehicle traffic counts must be met as described below 5. Surveyed speeds must show at least 15% of the motorists exceeding the speed limit by at least eight miles per hour. 6. Speed humps or speed cushions shall not be implemented if a majority of the emergency service providers identified as police, fire and ambulance service cite adverse impacts. 7 Speed humps or speed cushions will not be installed on unpaved streets, on grades of more than 3%, within 200 feet of a stop sign, within 200 feet of a curve; on a curve; over manholes, water valves, junction boxes or other appurtenances; or where the logical result would be to divert traffic to a parallel residential street. 8 All of the petition requirements that are used for other traffic calming devices shall be met. Appeals Any aggrieved property owner may appeal any decision of the Public Works Director or his or her staff by filing a Notice of Appeal with the City Clerk within 10 calendar days after such decision has been rendered The City Clerk shall forward such notice to the City Manager within 3 business days after receipt thereof The City Manager or his designee shall hear such appeal within 60 calendar days after receiving the Notice of Appeal, and shall render a written decision on the matter and forward such decision to the aggrieved party within the same 60 calendar day period. Such decision shall be binding and final, subject only to a judicial appeal at the Pinal County Superior Court pursuant to A R S § 12-901, et seq 6 °k City of ache Junction t • Home of the .r:perstitlon Mountains .,QnQ�at a Print TO. City Manager's Office FROM: David Fern, Public Works Director DATE. June 15, 2010 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: Consideration of Resolution No 10-21, amending the City's Neighborhood Traffic Calming Policy for Public Streets in Residential Areas by repealing the existing policy in its entirety, originally adopted under Resolution No. 99-08, and adopting a revised policy. ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: The Public Works Department recently reviewed the neighborhood traffic calming policy adopted in 1999 and suggests amendments thereto,to include. 1) clerical modifications; 2) implementation of new state-of-the-art traffic calming device alternatives, 3) enhancements to policy administration and appellate provisions,and 4) miscellaneous practical improvements Approval of Resolution No 10-21 will repeal the City's existing traffic calming policy, as onginally adopted under Resolution No. 99-08, in its entirety and will adopt a new"Neighborhood Traffic Calming Policy for Public Streets in Residential Areas" FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download 0 Resolution No. 10-21 RESOLUTION NO 10-21 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE CITY'S POLICY ON NEIGHBORHOOD TRAFFIC CALMING FOR PUBLIC STREETS IN RESIDENTIAL AREAS BY REPEALING THE EXISTING POLICY IN ITS ENTIRETY, ORIGINALLY ADOPTED UNDER RESOLUTION NO 99-08; AND ADOPTING A REVISED POLICY eS WHEREAS, on May 18, 1999, the Mayor and City Council approved Resolution No. 99-08, establishing a neighborhood traffic calming policy, and WHEREAS, concerns about excessive traffic volumes and/or excessive traffic speeds along public streets in residential areas have become more frequent and widespread with continued development of the City and surrounding areas; and WHEREAS, since 1999, there have been substantial technological advancements in traffic calming devices, such as the new speed cushion alternative; and WHEREAS, it is beneficial to property owners within the City to make available such state-of-the-art devices, and to include changes in the policy pertaining to the approval process, a removal policy and appellate remedies; and WHEREAS, the City desires continued participation with neighborhoods and citizens in traffic calming requests; and WHEREAS, on May 17, 2010, the Mayor and City Council directed staff to prepare appropriate changes to the existing traffic calming policy. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS . 1 . The existing City of Apache Junction "Neighborhood Traffic Calming Policy for Public Streets in Residential Areas" as adopted and approved in Resolution No. 99-08 is hereby repealed. 2 An amended "Neighborhood Traffic Calming Policy for Public Streets in Residential Areas, " as more fully set RESOLUTION NO 10-21 PAGE 1 OF 2 /1104 forth in Attachment A, is hereby adopted and made a part hereof PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2010 SIGNED AND ATTESTED TO THIS DAY OF , 2010 JOHN S. INSALACO Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM RICHARD J STERN City Attorney RESOLUTION NO. 10-21 PAGE 2 OF 2 ATTACHMENT A NEIGHBORHOOD TRAFFIC CALMING POLICY FOR PUBLIC STREETS IN RESIDENTIAL AREAS Policy The City of Apache Junction ("City") is interested in preserving the quality of life within its neighborhoods Many residents believe that control of traffic volumes and traffic speeds along local streets are critical to maintaining an acceptable quality of life. The purpose of this policy is as follows 1 Acknowledge the necessity for sound traffic calming design in the planning and development of new residential subdivisions. 2 Set forth the process and criteria by which citizen requests for traffic volume and speed controls will be evaluated and potentially implemented This policy only applies to roadways functionally classified, in the Apache Junction City Code Volume II, Land Development Code, Chapter 2, as local streets This policy is applicable only to requests for traffic control measures initiated by residents in affected neighborhoods. This policy is not applicable to design and evaluation of traffic signals, signs and markings based on City, State or Federal policies and guidelines, including the Manual on Uniform Traffic Control Devices Neighborhood Traffic Management Design City staff and residential subdivision developers must be sensitive to quality of life, safety, comfort and convenience issues when designing new residential subdivisions Planning for residential or local streets is a critical government responsibility. Residential street design and traffic control should provide neighborhoods quality of life protection Neighborhood Traffic Calming Measures eiN There are varying degrees of traffic calming measures Low impact measures may be implemented by a single citizen request, and can include: 1 Temporary placement of mobile radar speed display trailers 2. Increased traffic enforcement presence 3 Installation of speed limit signs at all entries to a neighborhood from arterial or collector streets 4 Stop sign reversal or installation of all-way stop control at residential street intersections 5. Installation of"Residential Area" warning signs and/or placards (on existing speed limit signs) Moderate and major impact traffic calming measures require full neighborhood participation This participation is demonstrated through a neighborhood petition process. Petitions must be 1 circulated to all impacted property owners who own property in the neighborhood Seventy percent (70%) or more of the property owners in the neighborhood must be in favor of the proposed traffic calming measure Property owners who do not sign the petition are considered opposed to the installation Additionally, 100%of the property owners owning property situated within 50 feet of the proposed location of the traffic calming device, as measured in all directions, must be in favor of the device and shall indicate such preference by signing the petition. Moderate impact measures are. 1 Turn prohibition signs(may be for selected times of day) 2 One-way traffic signs 3 Speed humps 4. Speed Cushions 5 Marking bike lanes to reduce vehicular lane widths, where feasible with existing street width and on-street parking patterns 6 Fixed mounted Radar Speed Display Signs Major impact measures are. 1. Diverters (barriers) constructed to restrict selected turn movements or through movements at intersections 2 Roundabouts 3 Street Closures/Cul-de-sac 4 Chokers/Chicanes (narrowed street sections) to reduce vehicular lane widths and curvilinear movement along an existing straight street 5. Others options suggested by residents The Public Works Department has the option to utilize new technologies and concepts while conferring with the Police Department and Fire District before new traffic calming measures are deployed within the right-of-way /'\ Traffic Calming Process The process for initiating a traffic calming request is as follows- 1 A resident shall contact the Police Department or the Public Works Department to report a neighborhood traffic problem 2 If the traffic problem requires intervention by the Public Works Department, Public Works shall schedule a survey of the conditions, including a review of street type, street design, land uses,traffic volume and/or speeds 3 Based on the survey of conditions, low impact traffic calming measures are suggested to the resident 4 If the low impact measures have been implemented in the neighborhood, but are ineffective based upon follow-up surveys by the Public Works Department, more significant traffic calming measures shall be pursued upon request of the resident. 2 5 The resident shall complete a Traffic Calming Request form provided by the Public Works Department. The form must include the names of at least five residents, from separate households in the neighborhood, who will assist City staff with the neighborhood participation process 6 Public Works Department staff shall help the five member resident's group organize and distribute notification about a neighborhood meeting on traffic calming 7 A neighborhood meeting shall be held to identify traffic-related concerns, to focus on the area of greatest concern, and to form a committee of residents willing to work on identification and evaluation of traffic calming measures. 8 Through a series of meetings,Public Works and Public Safety staff shall assist the citizen committee in evaluating the positive and negative aspects of proposed traffic calming measures 9 A follow-up neighborhood meeting shall be held by the committee to obtain comments on their proposed traffic calming solution If the proposed measures are not favored by a majority of residents, the committee may choose to work on alternative measures, circulate petition forms, or discontinue the project Public Works staff will assist with the development of petition boundaries defining the impacted area(s)which would be subject to final approval by the City Engineer 10 When the committee's proposed traffic calming solution is acceptable to the residents, petition forms provided by the City shall be circulated among the impacted neighborhood residents 11.The Public Works Department will provide traffic calming implementation cost estimates for measures found to be warranted and provide this information to the neighborhood committee 12 A location may not be studied by the Public Works Department more than once in a twelve month period,unless significant changes in traffic conditions occur Petition Requirements 1 The committee circulating petitions must contact 100% of the impacted neighborhood residents including,property and business owners 2 Completed petitions must contain signatures from not less than 90% of the property owners or businesses, including persons in favor of or in opposition to the proposed traffic calming measure(s) 3 The Public Works Department shall provide the petition forms and other documents, which shall include an exhibit showing the placement of the traffic calming device(s) 4 The petition form shall discuss the implementation cost and how the device shall be funded. 5 The Public Works Department shall provide the boundary of the neighborhood area for which the petition is to be circulated by the committee. The petition area boundary must include streets to which traffic may be diverted due to implementation of the measure 6 Any moderate or major impact traffic calming measure must receive support by not less than 70% of the property owners signing the petition Only one signature per household or business shall be counted to determine 70%approval 3 ON 7 One hundred percent (100%) of the property owners located within 50 feet, in any direction, of the moderate or major impact traffic calming measure, to be constructed in a public street, must be in favor of the traffic calming measure 8 Completed petitions must be returned to the City no later than 90 calendar days from the date they were obtained from the Public Works Department by the petitioners 9 The Public Works Department shall review the completed petition forms to verify Property ownership The Public Works Director shall not accept petitions that exceed 90 ONcalendar days Evaluation Proposed traffic calming methods shall be evaluated as follows 1 The Public Works Department shall maintain a list of criteria justifying the implementation of each type of traffic calming device. 2. Traffic calming measures shall not be implemented unless traffic count standards are met 3 Petition requirements shall be met as outlined above 4. The proposed traffic calming measures shall not be implemented if a majority of the emergency service providers, identified as police, fire and ambulance service, cite adverse impacts and do not approve the measure. 5. All traffic calming measures involving reconstruction in the roadway such as barriers, speed humps, traffic circles and street closures, may affect storm water runoff The City Engineer shall evaluate the drainage impact of the proposed measure Financing 1 The residents shall contract with a registered professional civil engineer to design a major traffic calming measure and revise the subdivision drainage report. These documents shall be stamped by the civil engineer and submitted to the Public Works Department for review and approval 2. The residents shall be responsible for contracting and funding the installation work when the vehicle traffic count is recorded at less than 500 trips per day When a vehicle traffic count of between 500 and 999 trips per day is recorded, the installation cost of the traffic calming measure will be equally split between the neighborhood and the City. The work shall not be performed until the neighborhood share of the installation cost is provided to the Public Works Department. When vehicle traffic counts exceed 1,000 trips per day, the Public Works Department will contract for and fund the installation of the traffic calming measure 3 The work shall be subject to all applicable plan review, permitting and inspection requirements of the City 4 The Public Works Department shall provide and install the necessary advance warning signs and pavement markings 5 The City shall be responsible for the perpetual maintenance of the traffic calming measure,once accepted by the Public Works Department. 4 eiN Traffic Calming Measure Design The City Engineer shall be responsible for approving the design of all traffic calming measures and such design shall serve as the approved plan for construction by the installation contractor Traffic Calming Device Removal Requests for removal can be made no earlier than 12 months after the project has been completed ieN unless for health and safety reasons The process to remove traffic calming devices shall be the same process used to install such devices. If approved, the neighborhood shall pay for any associated street repairs Once traffic calming devices are removed from a location under this process, that location cannot be reconsidered for a traffic calming device installation for three years after such devices are removed unless significant changes in traffic conditions occur PROCEDURE FOR REQUESTING SPEED HUMPS OR SPEED CUSHIONS Purpose Due to the increasing demand for speed control devices on residential and collector streets, the Public Works Department has established a mechanism by which speed humps or speed cushions can be installed to address speeding and cut-through traffic concerns on residential and collector streets Speed humps are raised devices placed perpendicular across the street to slow traffic They are 3 inches in height and 6 feet in width Speed cushions are three small speed humps placed equal distance apart and placed perpendicular across the street to slow traffic. Speed cushions will allow wider axle emergency vehicles to pass through without slowing them down They are typically 3 inches in height and 36 inches and up in width. Process The City of Apache Junction needs to be assured that strong neighborhood support exists, particularly by residents living nearest the speed humps or speed cushions. The neighborhood residents need to be aware that they are financially responsible for the speed hump or speed cushions installation costs depending on the vehicle traffic counts The Traffic Calming Process section of the Policy on Neighborhood Traffic Calming for Public Streets in Residential Areas shall guide residents through the process to request speed humps or speed cushions Questions about this process should be directed to the City Engineer at(480) 982-1055 Criteria for Speed Hump/Speed Cushions Qualification Speed humps or speed cushions shall be considered for installation only when a location meets all of the qualification criteria listed below 1 Must be a paved, residential or collector street with a speed limit of 30 miles per hour or less. There are no fewer than six houses per one-eighth mile with driveways onto the street The street must be a minimum of 600 feet in length with a maximum length of one mile. 5 ON 2 Streets must have a crown or high point in the center of the street that enables water to flow toward and to drain along the sides of the street 3 Street drainage must not be significantly compromised, as determined by the City Engineer 4 Vehicle traffic counts must be met as described below. 5. Surveyed speeds must show at least 15% of the motorists exceeding the speed limit by at least eight miles per hour 6 Speed humps or speed cushions shall not be implemented if a majority of the emergency service providers identified as police, fire and ambulance service cite adverse impacts 7 Speed humps or speed cushions will not be installed on unpaved streets, on grades of more than 3%, within 200 feet of a stop sign, within 200 feet of a curve; on a curve; over manholes, water valves, junction boxes or other appurtenances, or where the logical result would be to divert traffic to a parallel residential street 8 All of the petition requirements that are used for other traffic calming devices shall be met Appeals Any aggrieved property owner may appeal any decision of the Public Works Director or his or her staff by filing a Notice of Appeal with the City Clerk within 10 calendar days after such decision has been rendered The City Clerk shall forward such notice to the City Manager within 3 business days after receipt thereof The City Manager or his designee shall hear such appeal within 60 calendar days after receiving the Notice of Appeal, and shall render a written decision on the matter and forward such decision to the aggrieved party within the same 60 calendar day period Such decision shall be binding and final, subject only to a judicial appeal at the Pinal County Superior Court pursuant to A R S § 12-901,et seq. 6 4 ppACH °I, 4 s Q Ciy of Apache Junction Home of`the ,Superstition Mountains a Print TO: City Manager's Office FROM: Jerald L. Monahan, Chief of Police DATE: June 15,2010 Agenda Type : Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: Consideration of Resolution No. 10-22, authorizing the submission of a grant application to the Gila River Indian Community State Shared Revenue Grant Program ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: Proposed Resolution No 10-22 authorizes the submission of a Gila River Indian Community State Shared Revenue Program application for Fiscal Year 2010-2011 Resolution No 10-22 is a mandated component of the grant application, and stipulates that the City is applying for up to $18,404.12 to purchase three mobile data terminals ("MDTs")for installation in three Police cars. The City may provide up to $6,300 in cash match, which will be taken out of the Public Safety Department's approved budget for Fiscal Year 2010-2011. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS I ALTERNATIVES: Policy Discussion (list specific options/alternatives) RECOMMENDATION: Approval. ATTACHMENTS: Click to download O Staff Report O Resolution Number 10-22 O Product Specifications 0 Project Budget ,e ACkFJ O� 'y � na «r' � = City of Apache Junction 4RIZONP Department of Public Safety MEMORANDUM DATE: June 14, 2010 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager FROM: Jerald Monahan, Director of Public Safety/Chief of lice SUBJECT. Gila River Indian Community State Shared Revenue Program Grant Application For Fiscal Year 2010-2011. REQUEST Staff respectfully requests that the City Council adopt Resolution Number 10-22 authorizing the submission of a Gila River Indian Community State Shared Revenue Program application for Fiscal Year 2010-2011 Please see Attachment 1. The resolution is a mandated component of the grant application. The resolution stipulates that the City is applying for up to $18,404.12 to purchase three mobile data terminals ("MDTs") for installation in three Police cars The City may provide up to$6,300 in cash match; this amount is to be taken out of the Public Safety Department's approved budget for Fiscal Year 2010-2011. BACKGROUND Gila Community In November 2002, the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Arizona and the Native American tribes. An important provision of Proposition 202 was the sharing of gaming revenues with the State Henceforth,tribes would be assessed by the State a percentage of their gross gaming revenue. Tribes had the option of either paying all of this assessment into a State managed fund or to pay 88%of the assessment into the State managed fund and retain 12%of the assessment for distribution as grants The Gila River Indian Community exercised its option to retain and administer 12%of State shared revenue Known as the Gila River Indian Community State Shared Revenue Program, the Program makes"Distributions to cities, towns, or counties for government services that benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development." Gila River's policy is to generally limit the distributions to cities, towns, and counties in Maricopa and Pinal Counties. Funding priorities Oft include. 1)Public Safety(police, fire, EMS), 2)Transportation Facilities; 3)Health Care Services, 4)Economic Development, and 5)Education In 2006,the Community Council awarded the City of Apache Junction$77,958 to purchase an automated fingerprinting identification system for use by the Municipal Court and the Police Department In 2007, the Community Council awarded the City of Apache Junction$62,702 to purchase equipment to be used in Operation. DUI Purge. Operation. DUI Purge is a concentrated effort by the Police Department to reduce the number of drivers in the City that are under the influence of alcohol or other drugs while operating a motorized vehicle In 2008,the Community Council denied the City's request for$135,557 to purchase a Fire Arms Training System In 2009, the Community Council denied the City's request for$48,405 to purchase eight MDTs for Installation in eight police cars City of Apache Junction The Gila River funds will be used to replace broken and out dated MDTs in three patrol cars The MDTs that are currently in the Police cars were purchased in December 2005,the warranty on these units expired in 2009 Because the MDTs are used constantly,the life expectancy for this type of MDT is approximately three years If an MDT were to malfunction after the warranty, it is questionable if the unit could be repaired. MDTs allow for officers working on the street to communicate with each other as well as the comminication center without the use of a radio They also allow the officer to view the narrative on the call they are responding to and obtain additional information such as the address, suspect's description and direction of travel Officers responding to a residental residence, can obtain information on what type of calls the Police Department had responded to at that location in the past, who was contacted at the residence, and if there are any weapons in the residence Officers are able to see what officers are in service and where they are located Officers can also view schedules, obtain telephone numbers and addresses for hospitals,jails, courts and other governmental facilities, obtain maps of trailer parks or apartment complexes,access photos of suspects and conduct Arizona Department of Motor Vehicle driver's license and vehicle registration checks In addition,officers are able to write reports on the MDT and then transfer them to their supervisor for approval. MDTs are used to run Arizona Department of Motor Vehicle vehicle registration and driver license checks at accident scenes and during traffic stops On all calls the officers use the MDTs to obtain some type of information concerning the call they are responding to The information ranges from the address, to suspect's description, direction of travel,where or not the reporting party is to be contacted Page 2 The Department proposes to purchase the Panasonic Toughbook 30 Command staff has researched MDTs and feels that this product best meets the Department's needs Please see Attachment 2 for product specifications Please see Attachment 3 for the project budget DISCUSSION The equipment to be secured with the Gila River grant funds is crucial for the replacement of three older models and out dated MDTs The Panasonic Toughbook 30 allows Patrol Officers working on the street to effectively communicate with the Communication Center and each other without the use of the radio It increases officer safety by allowing the officer to view information concerning the call they are responding to It allows supervisors to more efficiently and effectively manage the shift by having the ability to see which officers are on calls and their locations,which officers are available and what type of calls are pending RECOMMENDATION Staff respectfully recommends that Council approve Resolution Number 10-22 ACTION REQUIRED Adoption of Resolution Number 10-22 and direction to staff to take the necessary steps to submit the grant application. Attachment 1. Resolution Number 10-22 Attachment 2 Product Specifications Attachment 3- Project Budget Page 3 eN Attachment I RESOLUTION NO. 10-22 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that• 1) benefit the general public; 2) mitigate the impacts of gaming, and/or 3) promote commerce and economic development; and WHEREAS, the Gila Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS . Section 1 . Staff is authorized to submit an application to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the application, contracts and grant documents for receipt and use of Proposition 202 for the purchase of 3 mobile data terminals in an amount not to exceed $18, 405 Section 2 . The Mayor is authorized to take any and all actions necessary to RESOLUTION NO. 10-22 PAGE 1 OF 2 Attachment 1 implement and complete the activities submitted in the application. Section 3: The City Manager or his or her designee is hereby authorized to inS take whatever steps necessary to administer and procure the funding Section 4 The City may expend up to $6, 300 to match the funds provided by the Community, taken out of the Public Safety Department' s City budget for Fiscal Year 2010-2011. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010 SIGNED AND ATTESTED TO THIS DAY OF , 2010 . JOHN S. INSALACO Mayor ATTEST • KATHLEEN CONNELLY City Clerk eiS APPROVED AS TO FORM RICHARD J STERN City Attorney RESOLUTION NO 10-22 PAGE 2 OF 2 O Attachment 2 Mobile Concepts Technology Estimate 13669 South 37th Place Phoenix, AZ 85044 Date Estimate# 6/1/2010 202 Name/Address Apache Junction Police Department Robert Wheeler 1001 N Idaho Road Apchae Junction,AZ 85219 Terms Project Net 30 Item Description Qty Rate MSRP Total CF-31ACAAX2M WinXP(Win7 COA),Intel Core 15-520M 3 3,925 00 11,775 OOT 2 4GHz,vPro,13 1"Touch XGA,2GB, 160GB,Intel WI a/b/g/n,TPM, Bluetooth,Dual Pass(Upper WWANILower WLAN),Emissive Backlit Keyboard,No Drive,Toughbook Preferred,replaces CF-30KCPAX2B CF-SVCLTNF3Y-MCT Panasonic Toughbook 3 Year Protection 3 250 00 750 00T Plus Warranty CF-WEB301MB CF-30 Vehicle Mount Port Replicator 3 499 00 1,497 00T with dual high-gain wireless connector **AC Adaptor Not included** PA1650-1253 Panasonic Lind Adapter for Toughbook 3 119 00 357 OOT CF01,CF17,CF18,CF19,CF25,CF27, CF28,CF30,CF29,CF33,CF34,CF35, CF37,CF45,CF47,CF48,CF50,CF51, CF61,CF62,CF63,CF71,CF72,CF73, RI,R4,R5,T1,T2,T4,T5,T7,UI,W2, W4,W5,W7,Y2,Y4,Y5 Input CBLIP-F00060 Cigarette Lighter Cable,36 Inches Input CBLIP-F00051 Bare wire input cable,36 inches Output CBLOP-F00691 Adapter to Laptop Cable,36 Inches 7160-0043 Panasonic Toughbook 30 Mounting 3 59 00 177 001 Interface Plate(for use with Panasonic Vehicle Mount Port Replicator) Subtotal Sales Tax (8.3%) Total Page 1 Mobile Concepts Technology Estimate 13669 South 37th Place Phoenix, AZ 85044 Date Estimate# 6/1/2010 202 Name/Address Apache Junction Police Department Robert Wheeler Alma 1001 N Idaho Road Apchae Junction,AZ 85219 Terms Project Net 30 Item Description Qty Rate MSRP Total 7160-0234 Gamber Johnson Ford Crown Vic Base 3 79 00 237 OOT DS-LOWER-7 7"lower pole assembly 3 36 00 108 OOT QADJ-UPPER-M 8" long quick adjust upper tube 69 00 69 OOT assembly for DS-LOWER-9 or any vehicle base with a welded pole QUAD-MOTION TS3 Gamber Johnson Four motion attachment 3 139 00 417 00T MCT Onsite Install Onsite Installation includes trip charge 3 530 00 1 590 00 Shipping Outbound Shipping 1 150 00 150 00 Subtotal $17,127 00 Sales Tax (8.3%) $1,277 12 Total S18,404 12 Page 2 Attachment 3 October 1,2010 to September 30,2011 Budget Overview GRIC Other In-Kind Expenditure Request Funder Expense Total Equipment 18,405 0 0 18,405 Equipment Preparation 0 6,300 0 6,300 Total 18,405 6,300 0 24,705 Expenditure Detail Equipment 18,405 (Requested) After extensive research by the command staff, the Department proposes to purchase the Panasonic Toughbook 30. MIL-STD-810F certified for ruggedness, the award-winning Toughbook® 30* offers the ultimate in durability.The fully-rugged mobile computer features Windows Vista® Business(with XP downgrade option), a 13.3"optional sunlight-viewable 1,000 nit touch screen display, Intel®Centrmo®2 with vProTM technology, and 160GB shock-mounted HDD In addition,the Toughbook 30 is mobile broadband ready, comes standard with draft-n Wi-Fi and Bluetooth,with optional integrated GobiTM 3G global mobile Internet (WWAN) The rugged, reliable Toughbook 30 enables real-time access to information, even in the harshest environments Equipment Preparation 6,300 (City) License for laptops 4,557 $1,519/unit x 3 units Sprint Modems for laptops 1,548 $43/unit per month x 3 units x 12 months Laptop configuration 195 $65/unit x 3 units 1 Amok try AZH G I zoo •City of Apache Junction z Nome of the Superstition Mountains .q tzoN* a Print TO: City Manager's Office FROM: Janine Solley, Business Advocate DATE: June 15, 2010 Agenda Type : Regular Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: Proposed Resolution No. 10-24, authorizing the City of Apache Junction to enter into a development agreement with Superstition Mountain Mental Health Center ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Superstition Mountain Mental Health Center(SMMHC) owns approximately 7.26 acres of improved and unimproved real property at the southeast corner of Plaza Drive and Superstition Boulevard and desires to construct a new 35,000 square foot, three-story mental health facility on the southernmost 3.46 acres of the property It is anticipated that this development will result in planning, economic and other public benefits to the City, including public infrastructure improvements to the portions of Plaza Drive adjacent to SMMHC's property, and will enhance the economic vitality of the City's downtown core and Crossroads Redevelopment Area. Proposed Resolution No. 10-24 authonzes the City to enter into a development agreement with SMMHC to allow for the private and public improvements outlined above FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval ATTACHMENTS: Click to download 0 Resolution No. 10-24 0 Development Agreement with SMMHC RESOLUTION NO 10-24 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO A DEVELOPMENT AGREEMENT WITH SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER. WHEREAS, Superstition Mountain Mental Health Center, Inc /111 ("SMMHC") , currently owns approximately 7 .26 acres of improved and unimproved real property at the southeast corner of Plaza Drive and Superstition Boulevard (the "Property") , and WHEREAS, SMMHC will construct a new 35, 000 square foot, three-story mental health facility on the southernmost 3. 46 acres of the Property, which will include administrative offices and will provide for client behavioral health and community services, and WHEREAS, it is anticipated that development of the Property will result in planning, economic and other public benefits to City including providing for public infrastructure improvements and for planned and orderly development of the Property that will enhance the economic vitality of the City' s downtown core and Crossroads Redevelopment Area, and WHEREAS, roadways surrounding the Property are in need of improvement and infrastructure enhancement, including Plaza Drive; and WHEREAS, the Council has determined that because the public purpose of the Agreement is to improve streets and neighborhood traffic, the business arrangement outlined in the Agreement does not amount to an illegal gift or subsidy, nor does the Agreement involve any reimbursement or waiver of retail transaction sales/privilege tax; and WHEREAS, the contemplated development and use of the Property pursuant to the Agreement are consistent and in harmony with the 1999 Apache Junction General Plan) ; and WHEREAS, the City is entitled to enter into the agreement pursuant to A.R S §§ 9-500 .05 and 9-500 11, and RESOLUTION NO 10-24 PAGE 1 OF 2 ON ON WHEREAS, the City and SMMHC both have mutual interests in the development of this project and wish to enter into the agreement with certain terms and conditions . 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 approve the Development OIN Agreement Between the City of Apache Junction and Superstition Mountain Mental Health Center, and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) Staff shall record such document in the Pinal County Recorder' s office within sixty (60) days after full execution by all Parties PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS _ DAY OF 2010. SIGNED AND ATTESTED TO THIS DAY OF , 2010 . JOHN S INSALACO Mayor ATTEST . KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 10-24 PAGE 2 OF 2 When recorded return to: Richard Joel Stern, Esq Apache Junction City Attorney 300 East Superstition Blvd Apache Junction, AZ 85119 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER THIS DEVELOPMENT AGREEMENT (the "Agreement") is made as of the day of 2010, by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER, INC., an Arizona non-profit corporation ("SMMHC") City and SMMHC are sometimes referred to herein collectively as the "Parties," or individually as a "Party" RECITALS A SMMHC owns approximately 7.26 acres of improved and unimproved real property at the southeast corner of Plaza Drive and Superstition Boulevard (the "Property"), Pinal County Assessor Parcel No 101-11-002M, zoned City Center District ("CCD") and situated in the City's Crossroads Redevelopment Area, the legal description and map of which are attached hereto as Exhibit A and are incorporated herein by reference B SMMHC will construct in Phase I a new 35,000 square foot, three-story mental health facility (the "Project") on the southernmost 3 46 acres of the Property. The facility will include administrative offices and will provide for client behavioral health and community services. C. SMMHC has submitted a completed Preliminary Development Review ("PDR") application for the Project (which includes, but is not limited to, a grading and drainage plan, traffic circulation and parking plan, elevations, site plan and landscaping plan) City staff has reviewed and approved the PDR application The conceptual Site Plan for the Project is set forth in Exhibit B incorporated herein by reference. D City owns Plaza Drive, which is adjacent to the west side of the Project from Superstition Boulevard to the southern boundary of the Property E It is anticipated that development of the Property will result in planning, economic and other public benefits to City including providing for the Public Infrastructure as more fully described in Exhibit C, and providing for planned and orderly development of the Property that will enhance the economic vitality of the City's downtown core and Crossroads Redevelopment Area 1 F The contemplated development and use of the Property pursuant to this Agreement are consistent and in harmony with the 1999 Apache Junction General Plan ("General Plan"). G The City of Apache Junction is entitled to enter into this Development Agreement pursuant to A R S §§ 9-500 05 and 9-500 11 H The parties have mutual interests in the development of this Project and wish to enter into this Agreement with certain terms and conditions set forth below. The Council finds that SMMHC is not receiving any illegal gift through the implementation of the Agreement, and that this Agreement does not involve any reimbursement or waiver of retail transaction sales/privilege tax AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants set forth herein, and for other consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows. 1. ACCURACY OF THE RECITALS: The Parties hereby confirm the accuracy of the Recitals set forth above, which are incorporated herein by this reference 2. PROJECT This Agreement shall relate to the Project with an approved Site Plan set forth in Exhibit B attached hereto 3 EFFECTIVE DATE, TERM, AND RECORDING Upon adoption of a resolution by the City Council, execution and recording in the Pinal County Recorder's Office, this Agreement shall become effective and shall continue until all payment, performance and reimbursement obligations of the parties have been fully performed Pursuant to A.R.S. § 9-500 05(D), the Agreement shall be recorded by City within ten (10) calendar days at the Pinal County .•. Recorder's Office. 4. CITY'S OBLIGATIONS• a Allow on-site construction work to be underway and/or completed in advance of any off-site work b Issue an "at-risk" grading permit prior to final plan approval as deemed appropriate by the City Building Official c Issue a Temporary Certificate of Occupancy and allow for the opening of the administration building in Phase I prior to off-site work being completed so long as there is adequate, safe street access which has been approved by the Building Official, Public Works Department and Fire District 2 d. Upon appropriate application and fee submittal from SMMHC, allow a business monument sign on SMMHC's Property at or near Superstition Boulevard and Plaza Drive e Process reasonably prompt review of the new downtown street cross- section design. f. Consider Plaza Drive a local collector street g. Adjust the road development fees as allowable pursuant to Resolution No 04-25 (creation of Infill Incentive District) such that the total will be reduced from $196,321 to $41,261. h Adjust parking requirements within administrative discretion and/or allow on-street parking on Plaza Drive and allow spaces on west and east sides of the street adjacent to Phase Ito count toward the onsite parking requirements of Phase I Complete the bidding and construction of the full Public Improvements noted in Exhibit C Reserve the right to delay, adjust or modify the implementation of the new street cross-section on Plaza Drive should funding challenges or other issues arise Should the Plaza Drive project be delayed, and should SMMHC experience an onsite parking shortage due to anticipated Plaza Drive spaces not being available, City shall allow the development of temporary parking lot(s) onsite until such time as the Plaza Drive improvements are completed. k Defer payment of development fees, building permit fees, grading permit fee, plan review fees and Development Services engineering fees, totaling $67,451 39, until January 2, 2013 Reimburse SMMHC the cost incurred for design of the Public Improvements adjacent to Phase II and the west side of Plaza Drive from Superstition south to the southern boundary of the parcel 5 SMMHC'S OBLIGATIONS a. Make a $5,000,000 00 Project investment in the Crossroads Redevelopment Area b. Provide for approximately 40 net new jobs at the Project location in Phase I. 3 c Complete full roadway street design and all necessary bid documents of the Public Improvements adjacent to Phase I and Phase II identified in Exhibit C no later than January 2, 2011 d Should, for whatever reason, the Plaza Drive improvements not be completed by August 1, 2011, SMMHC will contribute an amount not to exceed $150,000 00 for half-street improvements adjacent to Phase I by January 2, 2012 in 2012 net present value, to a fund to be held by City and designated for Plaza Drive improvements. Any amount paid into this fund, up to the maximum amount noted above, shall be substantiated in the cost estimate approved by the City Engineer. e Reimburse City the construction costs for new main street cross-section for the half-street Plaza Drive Public Improvements adjacent to Phase I, as depicted in Exhibit C, upon completion of construction, but no later than January 2, 2013. f Reimburse City the design and construction costs per new main street cross-section for the half-street Plaza Drive Public Improvements adjacent to Phase II, as depicted in Exhibit C, upon issuance of building permits for Phase II or by January 2, 2025, whichever comes first g Dedicate to City a perpetual sidewalk access easement to accommodate the new downtown street cross-section. h. Dedicate a 25 x 25 x 25 foot triangular perpetual easement, as depicted in Exhibit D attached hereto, on its private property near the southeast corner of Superstition Boulevard and Plaza Drive for future placement of a monument sign , reading "Welcome to Downtown Apache Junction" or words to that effect, by August 1, 2011. City shall design and construct the monument sign at its own expense and shall also prepare all documents and legal descriptions associated with the easement dedication However, SMMHC may review and provide input on such signage design and placement so that the Project's site distance and visibility from the intersection is not compromised. Provide a Traffic Impact Analysis ("TIA") as required by the City's Engineer (but not required for Phase I) no later than issuance of a building permit for Phase II (future phases) J. Open and operate the Phase I SMMHC facility by April 1, 2011 k Construct all offsite Public Improvements, excluding future roadway improvements, but including overground and underground utility apparatus and facilities and other improvements listed and reflected in the "Civil Improvement Plans (Phase I) for Superstition Mountain Mental Health", approved by the Development Services Department on or about April, 28, 2010, on file with such department of City, incorporated herein by reference, 4 and the listed items in the attachment to Exhibit C Such offsite improvements shall be completed and approved before the Certificate of Occupancy is issued by City. 6 SCOPE AND REGULATION OF DEVELOPMENT. Development of the Property shall be consistent with the Property's zoning and Site Plan and shall be governed by the provisions, requirements and restrictions contained in this Agreement and by all applicable city, state, and federal laws ("Applicable Laws"). 7 PUBLIC INFRASTRUCTURE IMPROVEMENTS: a Construction and Phasing The Public Infrastructure Improvements shall consist of all items identified in Exhibit C b Design, Bidding, Construction and Dedication The Public Infrastructure Improvements shall be designed, bid, constructed and dedicated in accordance with all Applicable Laws, including without limitation all laws concerning City procurement and public bidding procedures c License SMMHC represents and warrants that any license necessary to perform the work under this Agreement is current and valid SMMHC understands that the activity described herein constitutes "doing business in the City of Apache Junction" and agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code and keep such license current during the term of this Agreement Any activity by subconsultants within the corporate city limits will invoke the same business tax regulations on any subconsultants, and SMMHC agrees to ensure that its subconsultants will obtain any required business tax license. 8 INDEMNITY; RISK OF LOSS. Indemnity by SMMHC. SMMHC shall pay, defend, indemnify and hold harmless City and its City Council members, officers and employees from and against all claims, demands, fines, penalties, costs, expenses, damages, losses, obligations, judgments, liabilities, and suits (including attorneys fees, expert fees and court costs) which arise from or relate in any way to any act or omission of SMMHC, or its employees, contractors, subcontractors, agents or representatives in implementing the terms of this Agreement The foregoing indemnity obligations of SMMHC shall survive the expiration or termination of this Agreement 9 CITY REPRESENTATIONS City represents and warrants to SMMHC that: a The City's execution and approval of this Agreement have been made in compliance with the procedural requirements of the Apache Junction City Code. b The City will execute and acknowledge when appropriate all documents and instruments and take all actions necessary to implement and evidence this Agreement. 5 c As of the date of this Agreement, the City knows of no litigation, proceeding, initiative, referendum, or investigation contesting the powers of the City or its officials, with respect to this Agreement, that has not been disclosed in writing to SMMHC d. The execution, delivery and performance of this Agreement by the City is not prohibited by, and does not conflict with, any other agreements, instruments or judgments or decrees to which the City is a party or is otherwise subject. e. The City has been assisted by counsel of its own choosing in connection with the preparation and execution of this Agreement. 10. SMMHC REPRESENTATIONS SMMHC represents and warrants to City that a. SMMHC has the full right, power and authorization to enter into and perform this Agreement and of the obligations and undertakings of SMMHC under this Agreement, and the execution, delivery and performance of this Agreement by SMMHC has been duly authorized and agreed to in compliance with the organizational documents of SMMHC b All consents and approvals necessary to the execution, delivery and performance of this Agreement have been obtained, and no further action needs to be taken in connection with such execution, delivery and performance. c SMMHC has no knowledge of any violations of city, county, state, federal, building, land use, fire, health, safety, environmental, hazardous materials or other governmental or public agency codes, ordinances, regulations, or orders with respect to the Property, or any lands adjacent to the Property. d To the best of SMMHC's knowledge, the Project is not contaminated with, nor threatened with contamination from outside sources by, any chemical, material or substance to which exposure is prohibited, limited or regulated by any federal, state, county, local or regional authority or which is known to pose a hazard to health and safety and the Project has never been used for a landfill, dump site, underground improvements, storage of hazardous or regulated substances, or by a manufacturer of any product or for any other industrial use, nor is the Property subject to any wetlands or other environmental limitation. e. SMMHC will execute and acknowledge when appropriate all documents and instruments and take all actions necessary to implement, evidence and enforce this Agreement f As of the date of this Agreement, SMMHC knows of no litigation, proceeding or investigation pending or threatened against or affecting SMMHC, which could have a material adverse affect on SMMHC's performance under this Agreement that has not been disclosed in writing to City. 6 g This Agreement (and each undertaking of SMMHC contained herein) constitutes a valid, binding and enforceable obligation of SMMHC, enforceable according to its terms, except to the extent limited by bankruptcy, insolvency and other laws of general application affecting creditors' rights and by equitable principles, whether considered at law or in equity SMMHC will defend the validity and enforceability of this Agreement in the event of any proceeding or litigation arising from its terms that names SMMHC as a party or which ... challenges the authority of SMMHC to enter into or perform any of its obligations hereunder Delivery and performance of this Agreement by SMMHC is not prohibited by, and does not conflict with, any other agreements, instruments, judgments or decrees to which SMMHC is a party or to which SMMHC is otherwise subject h SMMHC has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement other than normal costs of conducting business and costs of professional services such as the services of architects, engineers and attorneys SMMHC has been assisted by counsel of its own choosing in connection with the preparation and execution of this Agreement 11 EVENTS OF NON-PERFORMANCE, REMEDIES: a Enforced Delays. Neither City nor SMMHC, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio- terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus directly affecting the Property (whether permanent or temporary) by any public entity In no event will Enforced Delay include any delay resulting from general economic or market conditions, unavailability for any reason of particular tenants or purchasers of portions of the Property, labor shortages, unavailability of financing, or the unavailability for any reason of particular contractors, subcontractors, vendors, investors or lenders desired by SMMHC in connection with the Property. SMMHC agrees that SMMHC alone will bear all risks of delay which are not Enforced Delay In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific 7 delay in writing and claim the right to an extension for the period of the Enforced Delay, and provided further that in no event shall a period of Enforced Delay exceed ninety(90) days. b Rights and Remedies Cumulative The rights and remedies of the Parties are cumulative, and the exercise by either Party of any one or more of such rights shall not preclude the exercise by it, at the same or different times, of any other right or remedy for any o. other Non-Performance by the other Party 12 MISCELLANEOUS PROVISIONS a. Governing Law, Choice of Forum This Agreement shall be deemed to be made under, shall be construed in accordance with, and shall be governed by the internal, substantive laws of the State of Arizona (without reference to conflict of law principles). Any action brought to interpret, enforce or construe any provision of this Agreement shall be commenced and maintained in the Superior Court of the State of Arizona in and for the County of Pinal (or, as may be appropriate, in the Justice Courts of Pinal County, Arizona, or in the United States District Court for the District of Arizona, if, but only if, the Superior Court lacks or declines Jurisdiction over such action). The Parties irrevocably consent to jurisdiction and venue in such courts for such purposes and agree not to seek transfer or removal of any court action b Limited Severability City and SMMHC each believes that the execution, delivery and performance of this Agreement are in compliance with all applicable laws However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws) such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect, provided that, if the City Attorney determines that such action is legally permissible, this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related + agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required, provided, however, in no event shall such reformation require any general fund expenditure or incurrence of indebtedness by City. The Parties further agree, in such circumstances, to do all acts and to execute all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed c. Interpretation of Conditions and Terms The terms and provisions of this Agreement represent the results of negotiations between the Parties, each of which has been or has had the opportunity to be represented by counsel of its own choosing, and none of which has acted under any duress or compulsion, whether legal, economic or otherwise Consequently, the terms and provisions of this Agreement shall be interpreted and construed in accordance with their usual and customary meanings, and the Parties each hereby waive the application of any rule of law which would otherwise be applicable in connection with the interpretation and construction of this Agreement that ambiguous or conflicting terms or 8 provisions contained in this Agreement shall be interpreted or construed against the Party who prepared or whose attorney prepared the executed Agreement or any earlier draft of the same d. Notices• (i) Addresses Except as otherwise required by law, any notice required or permitted under this Agreement shall be in writing and shall be given by personal delivery, or by deposit in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed to the Parties at their respective addresses set forth below, or at such other address as a Party may designate in writing pursuant to the terms of this Section, or by telecopy or telefacsimile machine, or by any nationally recognized express or overnight delivery service (e.g. Federal Express or UPS), delivery charges prepaid: If to City: City of Apache Junction Attn City Manager 300 E Superstition Blvd. Apache Junction, Arizona 85119-2899 Telephone (480) 474-5066 Facsimile. (480)474-5110 With a copy to City of Apache Junction Attn: City Attorney 300 E Superstition Blvd Apache Junction, Arizona 85119-2899 Telephone: (480) 474-2604 Facsimile (480)982-5883 If to SMMHC: Telephone: Facsimile With a copy to: Telephone Facsimile• (ii) Effective Date of Notices. Any notice sent by United States Postal Service certified or registered mail shall be deemed to be effective the earlier of the actual 9 delivery, or three (3) business days after deposit in a post office operated by the United States Postal Service. Any notice sent by a recognized national overnight delivery service shall be deemed effective one (1) business day after deposit with such service. Any notice personally delivered or delivered through a same-day delivery/courier service shall be deemed effective upon its receipt (or refusal to accept receipt) by the addressee Any notice sent by telecopy or telefacsimile machine shall be deemed .•� effective only upon confirmation of the successful transmission by the sender's telecopy or telefacsimile machine, followed by deposit of a "hard copy" for next business-day delivery by a recognized national overnight delivery service. e. Time of Essence Time is of the essence of this Agreement and each provision hereof f. Section Headings The Section headings contained in this Agreement are for convenience in reference only and are not intended to define or limit the scope of any provision of this Agreement. g Attorney Fees and Costs In the event of commencement of a legal action in an appropriate forum by a Party to enforce any covenant or any of such Party's rights or remedies under this Agreement, including any action for declaratory or equitable relief, the prevailing Party in any such action shall be entitled to recovery of its reasonable attorneys' fees and court costs and expenses, including, but not limited to, its costs of expert witnesses, transportation, lodging and meal costs of the Parties and witnesses, costs of transcript preparation and other reasonable and necessary direct and incidental expenses associated with such dispute h. Waiver Without limiting the provisions of this Agreement, the Parties agree that neither the failure nor the delay of any Party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver of such right, remedy, power or .•. privilege, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the Party asserted to have granted such waiver Third Party Beneficiaries No person or entity shall be a third party beneficiary of this Agreement, except for permitted transferees, assignees, or lenders under this assignment to the extent that they assume or succeed to the rights and/or obligations of SMMHC under this Agreement, and except that the indemnified parties referred to in the indemnification provisions set forth in this Agreement (or elsewhere in this Agreement) shall be third party beneficiaries of such indemnification provisions 10 Exhibits Without limiting the provisions of Section 1 of this Agreement, the Parties agree that all references to this Agreement include all Exhibits designated in and attached to this Agreement, such Exhibits being incorporated into and made an integral part of this Agreement for all purposes. k Integration. Except as expressly provided herein, this Agreement constitutes the entire agreement between the Parties with respect to the subject matters hereof and supersedes any prior agreement, understanding, negotiation or representation regarding the subject matters covered by this Agreement. Further Assurances Each Party agrees to perform such other and further acts and to execute and deliver such additional agreements, documents, affidavits, certifications, acknowledgments and instruments as any other Party may reasonably require to consummate, evidence, confirm or carry out the matters contemplated by this Agreement or confirm the status of (a) this Agreement as in full force and effect, and (b) the performance of the obligations hereunder at any time during its Term m Business Days If the last day of any time period stated in this Agreement or the date on which any obligation to be performed under this Agreement shall fall on a Saturday, Sunday or legal holiday, then the duration of such time period or the date of performance, as applicable, shall be extended so that it shall end on the next succeeding day which is not a Saturday,Sunday or legal holiday n. Consents and Approvals Wherever this Agreement requires or permits the consent or approval of a Party to any act, document, use or other matter, such consent or approval shall be given or denied by such Party in its reasonable discretion, unless this Agreement expressly provides otherwise o Covenants Running With Land; Inurement The covenants, conditions, terms and provisions of this Agreement shall run with the Property and shall be binding upon, and shall inure to the benefit of the Parties and their respective permitted successors and assigns with respect to such Property Wherever the term "Party" or the name of any particular Party is used in this Agreement such term shall include any such Party's permitted successors and assigns p Recordation Within ten (10) calendar days after this Agreement has been approved by City and executed by the Parties (together with the execution of the Landowners' Consents hereto), City shall cause this Agreement to be recorded in the Official Records of Pinal County, Arizona q Amendment No change or addition is to be made to this Agreement except by written amendment executed by City and SMMHC. Within ten (10) calendar days after any amendment to this Agreement, such amendment shall be recorded in the Official 11 Records of Pinal County, Arizona Upon amendment of this Agreement as established herein, references to "Agreement" shall mean the Agreement as amended. r Good Faith of Parties Except where any matter is expressly stated to be in the sole discretion of a Party, in performance of this Agreement or in considering any requested extension of time, the Parties agree that each will act in good faith and will not act unreasonably, arbitrarily or capriciously and will not unreasonably withhold, delay or condition any requested approval, acknowledgment or consent. s Survival All indemnifications contained herein shall survive the execution and delivery of this Agreement, the closing of any transaction contemplated herein, and the rescission, cancellation, expiration or termination of this Agreement upon the terms and for the period of any applicable statute of limitations. t Nonliability of City Officials, Etc., and of Employees of SMMHC No City Council member, official, representative, agent, attorney or employee of City shall be personally liable to any of the other Parties hereto, or to any successor in interest to any of the other Parties, in the event of any Non-Performance by City or for any amount which may become due to any other Party or its successor, or with respect to any obligation of City under the terms of this Agreement Notwithstanding anything contained in this Agreement to the contrary, the liability of SMMHC under this Agreement shall be limited solely to the assets of SMMHC and shall not extend to or be enforceable against the individual assets of any of the individuals or entities who are board members or appointees of SMMHC u Proposition 207 Waiver SMMHC agrees, understands and acknowledges that City is entering into this Agreement in good faith and at the specific request of SMMHC, and further with the understanding that, if City acts consistently with the terms and conditions herein, it will not be subject to a claim for diminished value of the Property from SMMHC SMMHC, on behalf of it and its successors and assigns, intends to encumber the Property with .�. the following agreements and waivers SMMHC agrees and consents to all the conditions imposed by this Agreement, and by signing this Agreement waives any and all claims, suits, damages, compensation and causes of action SMMHC may have now or in the future under the provisions of A.R.S §§ 12-1134 through and including 12-1136 (but specifically excluding any provisions included therein relating to eminent domain) and resulting from the development of the Property consistent with this Agreement or from any "land use law" (as such term is defined in the aforementioned statute sections) permitted by this Agreement to be enacted, adopted or applied by City now or hereafter. SMMHC acknowledges and agrees to the terms and conditions set forth in this Agreement, and acknowledges that such terms and conditions cause the fair market value of the Property to equal or exceed the fair market value of the Property in the absence of this Agreement and such "land use laws." v. Conflict of Interest Statute This Agreement is subject to, and may be terminated by City in accordance with,the provisions of A R.S. § 38-511 12 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. SMMHC, INC, an Arizona non-profit corporation By: Robert R. Evans Its Chief Executive Officer By•Judd Williams Its Board Chairperson CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By John S Insalaco Its: Mayor ATTEST: By Kathy Connelly, City Clerk ,p 14 STATE OF ARIZONA ) ) ss County of The foregoing was acknowledged before me this day of 2010, by Robert R. Evans, CEO of SMMHC, Inc., an Arizona non-profit corporation, who acknowledged that he signed the foregoing instrument on behalf of SMMHC, Inc. Notary Public My Commission Expires: (seal) STATE OF ARIZONA ) ) ss County of The foregoing was acknowledged before me this day of 2010, by Judd Williams, Chairperson of the Board of SMMHC, Inc , an Arizona non-profit corporation, who acknowledged that he signed the foregoing instrument on behalf of SMMHC, Inc Notary Public .-. My Commission Expires (seal) 15 Ada 11, STATE OF ARIZONA ) ss County of The foregoing was acknowledged before me this day of 2010, by John S Insalaco, the Mayor of City of Apache Junction, Arizona, an Arizona municipal corporation,who acknowledged that he signed the foregoing instrument on behalf of City Notary Public My Commission Expires (seal) COUNSEL APPROVAL AS TO FORM I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. SMMHC Attorney Date I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Richard J. Stern, City Attorney Date 16 EXHIBIT A MAP AND LEGAL DESCRIPTION OF THE PROPERTY ?BYtE38: I .ao I iiiIIIII gaayy a� gflaa i¢ ea !1N �ba aa¢ y- 3- ga. ;3 all v ;� e 9 If aA: a -4A gGf I NAgrro) "rmy PLAZA CENE moovei ..sta iA tr x,Aw SA iig ...c.-n rq'opf�l .sne�nl 11 aif +b it),'; I ! i 8A kl ; a RR] A Oit P X l 3b1_ KS ( "\ F il iiFFR 1C �- zi<n G 02 g .1 A iI` 1. LA ,OMOrk R A 1',,g,.-2 Av IR da,gic PIP At CMIO ROAD la_:,ram:` N \ " RECORD OF SURVEY ,rwtir�.wr 8 P. COMBINATION (ATWELL """' Ni. -- SUPERSTITION MOUNTAIN .....e...ww. � MENTAL HEALTH CENTER 1 es oAu OFFICIAL RECORDS OF It a` > PtNAL COUNTY RECORDER RECORDING REQUESTED BY SMMHC, Inc LAURA DEAN-LYTLE DATE/TIME• 04/29/2010 1222 AND WHEN RECORDED MAIL TO' FEE• 3 o0 SMMHC, Inc PAGES' 3 FEE NUMBER 2010-040627 879 North Plaza Dr Q II III ICI' IIIIII}} �I Building F IIII�I1lI�I�II�II_UNIt IIBfII��A'IL�I Apache Junction, AZ 85214 QUIT CLAIM DEED to,the co.uidsation of TEN AND NO/100 DOLLARS,and other vaivabie considerations,I or we, SMMHC, Inc , an Arizona non-profit corporation hereby Quit-Claim to SMMHC, Inc , an Arizona non-prof it corporation all right,title,or interest in the following described real property situate in Plnal county, Arizona SEE EXHIBIT A EXEMPT A.R.S.11-1134 lir DATED, 04/29/2010 /f� Its• Chief Executive Officer Rob Evans for SMMHC, Inc STATE OF H''i Zc n.c.. County of rlce..,<.Opck ) On '! /�<a2. . 0/o ,before me,the undersigned Notary Public,personally appeared J�N r c��A.5 ,kersonally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose names)isfare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies)and that his/her/their signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s)acted,executed the Instrument WITNESS my hand and official seal ,'� My Commission Expires -ob.v e _ A ��N�tay PYblia /L 31 1 n LINDA M.TOM Notary Public-Arizona 441. Maricopa County My Commission Expires — October 31,2010 ®r w 2 p EXHIBIT A A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 20 TOWNSHIP 1 NORTH, RANGE 8 EAST OF THE GILA AND SALT RIVER MERIDIAN PINAL COUNTY,ARIZONA,DESCRIBED AS FOLLOWS COMMENCING AT A COTTON PICKER SPINDLE MARKING THE NORTHEAST CORNER OF SAID SECTION 20,FROM WHICH A 1/2 INCH REBAR WITH CAP RLS#34554 MARKING THE NORTH QUARTER CORNER BEARS NORTH 89 DEGREES 51 MINUTES 27 SECONDS WEST,2640 53 FEET, THENCE NORTH 89 DEGREES 51 MINUTES 27 SECONDS WEST 988 62 FEET ALONG THE NORTH LINE OF SAID SECTION 20; THENCE DEPARTING SAID NORTH LINE, SOUTH 00 DEGREES 08 MINUTES 33 SECONDS WEST, 50.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SUPERSTITION BOULEVARD ACCORDING TO BOOK 11 OF MAPS,PAGE 24, PINAL COUNTY RECORDS AND TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN DOCUMENT#2006-002243 PINAL COUNTY RECORDS AND TO A 5/8 INCH REBAR WITH CAP RLS#34554 AND TO THE POINT OF BEGINNING, THENCE SOUTH 00 DEGREES 00 MINUTES 02 SECONDS EAST, 313 25 FEET ALONG THE WEST LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF SAID PARCEL AND TO A 5/8 INCH RE BAR WITH CAP RLS#34554, THENCE SOUTH 89 DEGREES 51 MINUTES 27 SECONDS EAST, 313.45 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL AND TO A CHISELED X ON TILE ON TOP OF A BLOCK WALL, SAID CORNER ALSO BEING A POINT ON THE WEST LINE OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN DOCUMENT #1987-005506, PINAL COUNTY RECORDS; THENCE SOUTH 00 DEGREES 00 MINUTES 48 SECONDS WEST, 365 71 FEET ALONG SAID WEST LINE TO A 1/2 INCH REBAR WITH CAP RLS#19344 THENCE SOUTH 89 DEGREES 59 MINUTES 48 SECONDS WEST, 624 89 FEET ALONG THE SOUTHERN-MOST NORTH LINE OF SAID PARCEL TO THE EAST RIGHT-OF WAY LINE OF PLAZA DRIVE ACCORDING TO BOOK 11 OF MAPS, PAGE 24, PINAL COUNTY RECORDS AND TO A 112 INCH REBAR WITH CAP RLS#21773, THENCE NORTH 00 DEGREES 00 MINUTES 12 SECONDS WEST, 126 65 FEET ALONG SAID RIGHT-OF-WAY LINE AND TO A 1/2 INCH REBAR WITH CAP RLS#21773, 3 THENCE NORTH 11 DEGREES 37 MINUTES 23 SECONDS EAST, 100 02 FEET ALONG SAID RIGHT-OF-WAY LINE AND TO A 1/2 INCH REBAR WITH CAP RLS#21773 THENCE NORTH 00 DEGREES 00 MINUTES 12 SECONDS WEST, 430 82 FEET ALONG SAID RIGHT-OF-WAY LINE AND TO A 1/2 INCH REBAR WITH CAP RLS#16202 AND TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEAST WITH A RADIUS OF 25 00 FEET THENCE NORTHEASTERLY 39 33 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEGREES 08 MINUTES 45 SECONDS AND TO THE SOUTH RIGHT-OF-WAY LINE OF SAID SUPERSTITION BOULEVARD AND TO A 1/2 INCH REBAR WITH CAP RLS#16202, THENCE SOUTH 89 DEGREES 51 MINUTES 27 SECONDS EAST, 266 34 FEET ALONG SAID RIGHT OF WAY LINE AND TO THE POINT OF BEGINNING 4 EXHIBIT B SITE PLAN 1 Supershhon Blvd 1,. 1 } r' i4I'1II11 f BUILDING 'C' c- i . 1. I ,. 1t` IInhIr IIiir [[��ee 1 'I __J —/ T : t q rrl-rri-rT� I I l.Y 1 1 1 1 1 1 1 11 -_ ; 1 1 1 1 1 1 1 1_1 __y 1 • i r_-' FUTURE PHASE -- .11 r- aa 1 in m L-- -1 "u d3'.A 1. ) -V y i / j r w yy ''` } .... , rl rrl'I-I 1 rl-r rTn-rTTrl N j ��1—r` 1 1 1 1 1 I 1 1 I 1 1 1 I 1 1 1 1 1 1 TTTT T.W c i , 1 I 11 1 1 1 11 1 1 1 1 f 1 I 1 1 `-," 7 ail . 1I __J I I. I Ilitl lllllll I ; 1 , _7 7 PP Future Phase Parking t +'�•-;ems•:• � `1 1 1 1 I 1 1 1 1 : i l l i • 1• I ~! T•.a♦ �Aw�lwwn Li1J-1_Ll1_1-L1J_L1_, i --, •t. �IIII �. �flit i 1♦ h .I i �I I II +a�t� ✓ �lliilu t _ .1A d. OVERALL SITE PLAN ( :: i r I ! .. r , tt�Gkt Nt'l t . '+ab °c.�: ."`n�e'"ow,"""..7r'_./ -` maw. i- r7 r7—I r7-1—r7-I—r7-1—r7-1—r7—I—r, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 �: �!+ I i l l l l l l l l l l l l l l l l l l l L_l ..I • fib- i ?� i f' • ( '/ . -... ��Il�ifi**1~�.1i��' Ili 1 I I , I I I I 1 I HI 1 A :. ��tt._ 1 Li_ I I I I I 1 L __J� I l�ii� 1 l 11 1 1 1 1 1 1 I I --j_ • �• Future Phase Parking ` J 777��� �''� +���w�. , 1 1 1 1 1 1 1 I 1 1 1 I 1 1 , , —'1 ..(:. / .. �,� q�1� �i, . , `L11J_LL11_I_L1_I_L1..., , ---I I /. # __ „rE,„4 . , :.NLN:N I.1111.1- ;Igor M fR .`' ------,....,. 44 . IriPle: I I.• . . . !Ctir .-- ' i ' a 541111 . .. . . , . , \ -. ,,,,,,,„„....„;,,,,, , ... Im manowilmag ammo alkiiireAn mourausanagamiL am. , ,mita N\ �� 5*ire- M :MO • 11.842�......p. • ( Ai i . , . .. �� 1 =....... _ .,, 9.. �// parr a -,. + , PHASE ONE SITE PLAN a EXHIBIT C PUBLIC INFRASTRUCTURE IMPROVEMENTS The Public Infrastructure Improvements shall include • Half streets and such other related improvements, including but not limited to all road, curb, gutter, sidewalk, drainage, streetlight, water, sewer, underground utility apparatus, and other public utilities according to the approved Civil Improvement Plans for SMMHC located adjacent to Phase I and Phase II of the Project per the listed items in the Engineer's Preliminary Opinion of Probable Construction Costs (attached hereto) 1 iJ ' iltrAttL' Superstition Mountain Mental Health Center 0aQ`'', (fcArFan9,e t Apache Junction,Arizona °� 45654 ° ENGINEER'S PRELIMINARY OPINION OF �, McCUMeER A 1 L'Vi:Lt. PROBABLE CONSTRUCTION COSTS �`(1X-/0_•' Apr.28,2010 qy/?ONA'Dt -.mi. SANITARY. El-NUS ,/g//ZOfZ DESCRIPTION OF ITEM QUANTITY UNIT UNIT PRICE TOTAL COST 8-in PVC(SDR-35)public sewer line 483 L.F •.$ 36 00 $ 17,388.00 5II diameter sewer manhole with 30-in diameter cover with SMCFD logo MAG • 420.422,423,&424 3 EA $ , 1,500 00 $ 4,500.00 Remove Sewer Manhole, Backlit' & Recompact 1 EA $ 75000 $ 750.00 Plug pipe MAG 427 w/marker 427 2 EA $ WOO $ 100.00 Core drill into existing sewer manhole Contractor to verify inverts prior to ' • trenching and installation. 1 EA $. 1 500.00 $ 1,500.00 WATER DESCRIPTION OF ITEM QUANTITY UNIT' UNIT PRICE TOTAL COST 2.0-in type'K'copper water service 28 L F $ 18.00 $ 504.00 2 0-In type 'K' copper landscape water service 13 L F $ • 18.00 $ 234.00 W 8" ductile iron pipe (DIP) pressure class cn— 350 waterline 13 L F $ 36.0Q- $ 468.00 U tin 8-in X 6-in tapping sleeve & valve, per 1S AWA STD DET E-9-3-1 2 EA $ , 4,500.0Q $ 9,000.00 ual 0 _ c 8-in X 8-in tapping sleeve & valve, per u) FE AWA STD DET E-9-3-1 1 EA .$ . 5,000100,$ 5,000.00 Fire hydrant complete,AWC STD DET E- Z ur W 9-7-1&E-9-6 1 2 EA $ 2,50o Q0. $ 5,000.00 ul z z❑ Connect to existing waterline per AWC a. w STD DET E 9 11.1 3 EA .$ , 4Q0100. $ 1,200.00 O u p i iLJ Cr: W W al 5- PAVEMENT. 0 6¢ enQ DESCRIPTION OF ITEM QUANTITY UNIT UNIT PRICE TOTAL COST Pavement, 5.0-in AC on 8.0-in ABC per DET 6 sheet DT01 288 S Y $ 30 00: $ 8,640.00 Sawcut existing pavement 326 L F $ 4.00. $ 1 304 00 Thickened edge of pavement per MAG 201,type'B' 154 L.F. $ 3.50. $ 539.00 REMOVAL AND REPAIR. DESCRIPTION OF ITEM QUAN1 I IY UNIT UNIT PRICE TOTAL COST Remove existing pavement 516 S Y $.• '. .0,35 $ 283.80 Remove existing sewer line 114 L.F $. 20.00 $ 2,280.00 CONSTRUCTION CONTINGENCY 10% L.S. $ 5,869.08 TOTAL COSTS $ 64,559.88 Based on Improvement Plano for Supcnlili,,n Amell PrniRt No 04111111753 Pa l;I Mouniam Menial Health Centerprepar d Filee'1OlK1353 OIT.,tle eau s limate.ala b by Atwell doled 211111.114 13 wvrrr.alwell 9raup.cor 2 EXHIBIT D MONUMENT SIGN EASEMENT 1 N89"47`OA."W 33.1 53' .• .. (BASIS OF BE • . 50. . . . AN.. g. RIW : • it. M...; .. FWMP SN'an 3433 P--` ,P� hi or eAT:P': 1 (nr»ALCEPteo1 II � c I� BUILDING 'C' ; c�- �=i I! 1 STORY II V�' \ . • ., L--- R,y 1 1:• Oa 1,1, ET—l—f T-1—I—T—' _ ' Ell 1 ( 1 1 1 1 1 1 1 i ,.. 1• • I r1 1 1 ! i 1 1 ! r--'----L� r—� FUTURE PHA: � I.--- ii . L-_ _-1 �` --—, (n PARtEEt1N0 1 —— I (��, L__ ____I O ! -- \ as I F--—— I i--- ---I of . EL- — -- __J • L__ __-- L— ---I I i r__J / i 2 ROLL CALL VOTE NOTES '✓ 13)11 I ( Vi ITEM # ° / MEETING OF ` jri) MOTION BY SECONDED BY t) /YES NO ABSTAINED COUNCILMEMBER COLEMAN v' COUNCILMEMBER DIETZ ✓ COUNCILMEMBER SERDY I COUNCILMEMBER BARKER COUNCILMEMBER WILSON __V1L-E VITYUt €CK MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEMS NO. 1-8 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND /'O THAT WALTER SWITZER BE APPOINTED AS A PRO-TEM CITY MAGISTRATE FOR THE TERM OF JULY 1, 2010 THORUGH JUNE 30, 2012, AND THAT THE APPOINTMENT BE EFFECTIVE FOR SAID TERM AFTER THE EXECUTION OF THE OATH OF OFFICE; AND THAT APPROVAL BE GIVEN FOR THE EMPLOYMENT AGREEMENT BETWEEN CITY MAGISTRATE JAMES W HAZEL, JR AND THE CITY OF APACHE JUNCTION FOR A TERM FROM JUNE 15, 2010 THROUGH JUNE 15, 2014; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE EMPLOYMENT AGREEMENT BETWEEN THE CITY MANAGER GEORGE R HOFFMAN AND THE CITY OF APACHE JUNCTION; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT RESOLUTION NO 10-21,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE CITY'S POLICY ON NEIGHBORHOOD TRAFFIC CALMING FOR PUBLIC STREETS IN RESIDENTIAL AREAS BY REPEALING THE EXISTING POLICY IN ITS ENTIRETY, ORIGINALLY ADOPTED UNDER RESOLUTION NO 99-08, AND ADOPTING A REVISED POLICY, BE APPROVED; AND THAT RESOLUTION NO 10-22, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER COMMUNITY FOR PROPOSITION 202 FUNDS, BE APPROVED, AND THAT RESOLUTION NO. 10-24, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO A DEVELOPMENT AGREEMENT WITH SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER, BE APPROVED k ° k 4,C0 Cato of Apache Junction y, 5 Home of the Superstition Mountains al Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: June 15, 2010 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT. ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available PUBLIC HEARING ON 1. For PROPOSED RESOLUTION NO. 10-15,APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT FOR EXPANSION OF A PARKING LOT 2. Will ASSISTANT PLANNER YANET OCHOA speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. f H ✓G Ci0 of Apache Junction Home qf the Superstition Mountains t Print TO: City Manager's Office FROM: Yanet Ochoa, Assistant Planner DATE: June 15, 2010 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM. PROPOSED RESOLUTION NO 10-15,APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT FOR EXPANANSION OF A PARKING LOT ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION: Proposed Resolution No 10-15 will approve a major amendment to a Conditional Use Permit and allow the Apache Junction Health Center to expand its parking lot north of its existing Health Center. The proposed parking lot expansion is on a vacant one-acre lot within the Foothills Subdivision Preliminary Plat, construction of which has not yet begun, and will consist of 65 additional parking spaces The Planning and Zoning Commission, at its regularly scheduled Public Hearing meeting on May 25, 2010, recommended City Council approval for case CUP-1-10, Resolution No. 10-15 by a 7-0 vote FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES. Zoning Ordinance Requirement RECOMMENDATION: Approval ATTACHMENTS: Click to download O City Council PH Staff Report O Conditional Use Permit Application CI Resolution No. 10-15 p4 ACMFJ Q O � City of Apache Junction ;ju ke'''. Development Services Department MEMORANDUM DATE: June 15,2010 TO: Honorable Mayor and City Council Members THROUGH: Brad Steinke,Development Services Director Fred Baker,Planning Manager Rudy Esquivias,Senior Planner/Zoning Administrator FROM: Yanet Ochoa,Assistant Planner SUBJECT: June 15,2010-Public Hearing Agenda Items: The applicant is requesting three related agenda items which include: Ordinance No. 1363 a major amendment to an existing Planned Development to reduce both acreage and number of lots for the proposed Foothills Subdivision and rezone a one acre portion from CR- 5/PD to CR-3; Resolution No. 10-14 which also reduces the number of lots proposed in the Foothills Subdivision Preliminary Plat; and Resolution No. 10-15 which requests an amendment to the existing Conditional Use Permit for the Apache Junction Health Center to allow a parking lot expansion in a CR-3 (Single Family Zoning District). Proposal Description: The applicant is proposing a major amendment to the existing(CR-5/PD) Planned Development Zoning which will reduce the acreage of the+/- 11 acre development to+/- 10 acres and the number of lots by 14, from 118 to 104 lots. The applicant is also requesting a rezoning for the one acre of land from CR-5/PD (Multifamily Residential by a Planned Development)to CR-3 (Single Family Residential) Since, the Apache Junction Health Center is zoned CR-3 (Single Family Residential)the applicant would like to incorporate the one acre into their development and would like to keep the same zoning district for the entire facility The applicant is requesting a Conditional Use Permit amendment for the Apache Junction Health Center to allow a parking lot expansion in the CR-3 (Single Family Zoning District). Attached is the staff report presented to the Planning and Zoning Commission at their regularly scheduled meeting of May 25, 2010. The Planning and Zoning Commission voted 7-0 to approve and the request is being forwarded for City Council consideration. Am. Asa PZ-1-10,SD-1-07 Amended,CUP-1-10 Page 2 of 2 All attachments for all agenda Items will be under this case PZ-1-10: Attachment: Conditional Use Permit Application Resolution No. 10-15 RECD MAR 2 2010 CITY OF APACHE JUNCTION CONDITIONAL USE PERMIT APPLICATION FORM Owner/Agent Information: GSORGE JACOBSON - AGENT Name pAVID/SALCEDA-PJIIANUEL B. DAVID-OWNER Telephone:(480) 983-0700 Address. 2012 W. SOUTHERN AVENUE, APACHE JUNCTION, AZ 85120 Properly Information. Zoning Classification Current Requested Property Size.(,.0D 1&acres 0 square feet County Tax Assessor Parcel#:/07 //-0 0 3(3 Legal Description of Property(found on County Tax Bill Notices). //7- SW S6 SE SEC 30 T-zri R RE Address/Locatton of Property(if different from Owner Address,above). List all improvements to Property g u/LDPv6 t., DA,v S, 7'AR k f,vG Structures/Use of Adjacent Properties North. OAD6vEcc?ED South %Peit_ 'Arc K. East OhDCPELoF West fit.seITA(_ Reason for Conditional Use Permit Request f>`isi)N t15, FOR OFFICE USE ONLY Case No. ^it¢I-IV Date Filed .?- ?-doIO Receipt No t4 Sti'St` Fee Amount S AGO,tom" cy..0 kitApplication Received fly (-rock Pvvgce, Ink Auk I/We certify that I/We are the owner(s)of the property described in this application for a Conditional Use Permit and have submitted copies of deeds or title reports as proof of ownership. I/We have read the application instructions and have truthfully completed this application I/We understand that this Permit is conditional upon time requirements,that Amok the filing and investigation fee in non-refundable,and that the City has the option of either approval or denial of this request following conduct of a Public Hearing I/We understand that this Permit may be conditional upon dedication or improvement of portions of the property fora public roadway or other such requirements I/We being the owner(s)of the property in this application,have appointed C.EOBr:E _GCOAS(NI as my/our representative agent I/We have authorized hint/her to do whatever is necessary to have this request considered favorably by the City of Apache Junction and agree that all correspondence relating to this matter should be delivered to him/her PLEASE PRINT DAVID/SALCEDA - EI*IANOEL B DAVID , o n Property Owner Name Signature 7012 V_ Cf11ITRERN AVENUE 1 Street Address APACHE JUNCTION, AZ 85120 (480)983-0700 City State,Zip Telephone Property Owner Name Signature Street Address City,State Zip Telephone Geoitc L :P!<oti:ceJ i Agent Namc Signature Street Address V3ti-`t8y-0700 City,State,Zip Telephone e- t :- STATE OF frl ON-4-j The foregoing instrument was acknowledged before t.esg..iai.eSSS me this 2$day of January ,2010 COUNTY OFPINAL ) 1V E.►04111, CC"ib /1001.4 r ALEX L1A Notary Public 11. NOTARY PUBLIC CAUFORNM LOS A GELS♦oowry ,�� ' My Comm.hpEdun M.2010 My Commission Expires V1 N+C O to, UWe, DAVID/SALCEDA — OWNER — EMMANUEL B. DAVID hereby certify that this is a complete list of property owners within 300 feet of the property proposed for rezoning or other permit approval as obtained from the Pinal County Assessor's Office on (date obtained) /—Z8—Z O/O UWc further certify that this list is not older than thirty(30)days at the time of filing of said application. PLEASE.PRINT DAVID/SALCEDA— EMANUEL a DAVID �`-�I�t��f� Prop ryOwner Name Signature 2012Ii. SOUTHERN AVE. I Street Address APACBE JUNCTION, AZ 85120 (480) 983-0700 City,State,Zip Telephone Property Owner Name Signature Street Address City,State,Zip Telephone GEoRGC UfiCoP,Sur4 Agent Name Signature J hN+G Street Address _ ceP 483 o766 City,State,Zip Telephone c (..1' -r STATE OF ARl ON*) The foregoing instrument was acknowledged before Les q s;G(.S SS me this '28 day of�0..,.i,al-yy ,20 I 0 COUNTYOFP(NAL ) $y' E.w.•.q,„..cl Q. fiavrp ALEL LS 1 / S NciNty PUBLIC cMIFOI'm /- coMrnssiori�ieinoa NotaryPublic My Comm+Exp.Ju COUNTY0,2010 /\ My Commission Expires 3 w,,3,,2c l 0 5_1 DAVio SALCEDA,LLC 6° 650 23E9 TORRANCE BLVD. STE.200 OECOO''S� TORRANGE CA 90501 28-Jan-2010 PH 310-782-t8?8 DATE is irAYNTHE City of Apache Junction $ 700 00 ORDEROE Lr" en Hundred Only i�i.EA'NS 8 ... omam. Fee—PartingN I:090 34 3 1 4 5 70 0650 8 088 Ogg d g� �uuI� ON U✓ N M pg IcwO 1,1k 1,7-bt 11 nN!R'2 0aluud MOpsal Ag oawafl 1 60 1 a5e1 llnb(1-11M0-lll[5,S021 wk., 'On [M4In%Jlrtl)lawn prows ag90d SEC 30, PT—SE, TN 1N RG 8E SEE NAP l02-J2 102-- 1 1 SEE MAP 102-13 2/2 16r1r AVENUE w F.I. .a v »0 ara ve No. M.' a.: �rsaOC¢ E 1 ® 78 w ® g N n0 pg t 7 52E NY 3/2v'• st 12 3 of C 566 NAP 02+.9 OW 3 n tV i I/ ii .22 VICINITY MAP R x ® R SEC 19 NW NE < SCALE: 1F , 300. SEE 170'0257 00 0]0 OO�x 9 0 �b ki n •-3-zoos u SEC 30 i, I 62o 0im a 7 le E.) x %� it xq T / � S/A�9,MS NI iY tNblK OMP 9. Y� >s MwNse 601 SW 9. u E SCUTHE AYENI� PINAL COUNTY ASSESSORS f -01 SEC 31 SEE MAP 02-19 /1 I ) ) I tlln WV near I I TIT N/FJZ oa,o Leesal AR Daman T 10I aged arms-F,1fl -ynt ccrw;rp 4 ,nq(oily. 01 an L---_ NAT.V.And SEC. 31,TN 1 N RG BE SEE YAP 101 SOLr11ERN AVENUE SEE YAP 102.11 1 OL.,19 Woo' 5e 20WTA VISTASIERRA CC. LOCATION MAP TRA.LER PARA SAG...ARO B0NiT4 VISTA 1 AYENUE s Q 0 0 VICINITY MAP "RAILER fARA r SEC 30\ RY PARN 11 N. l STATE co.APASONA 54MER5'i TION FRE[YIA' O % o n . '3 st.rE aE ARI2oW _ \\�\\\\\\\SEC O I-® PALMAS L SCL EAS MCBr.EO vNM \ E Vh SEC 8.MIS ROBE 41 A 10B HOC I )bT.AVENUE r no. Rro I ,N iyy I O 20 ! s 1 IA AY 8'T7JE 15 Ii oK aaY 40 ', 2S200B p warzP w.M O >4 O . ^2 E IB O s s BASELME AYENE PM141 COUNTY ASSESSORS IMP SEE YAP 104-0] RESOLUTION NO. 10-15 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT, CASE NO CUP-1-10, TO ALLOW THE APACHE JUNCTION HEALTH CENTER LOCATED AT 2012 W. SOUTHERN AVE. , APACHE JUNCTION, ARIZONA, A PARKING LOT EXPANSION FOR THEIR FACILITY WHEREAS, a Conditional Use Permit ("CUP") application was filed by Jeff Giles, of Clouse Engineering, Inc , on behalf of George Jacobson, President of the Apache Junction Health Clinic ("Applicant") on March 2, 2010, pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 6 General Provisions and Exceptions, to amend the site plan for Apache Junction Health Center, approved under case No CUP-1-10, to allow a site expansion for an additional one acre piece of land to be used for the Apache Junction Health Center parking lot on the following legally described property: A Portion of the North Half of the Southeast quarter of the Southeast quarter of Section 30, Township 1 North, Range 8 East of the Gila and Salt River base and Meridian, Pinal County, Arizona Pinal County Assessor' s Parcel Number 102-11- 003B (more specifically described in case file CUP-1-10) , and WHEREAS, on May 25, 2010, the Applicant presented evidence to the Apache Junction Planning and Zoning Commission that the parking lot expansion, that will consist of 65 additional parking spaces for the Apache Junction Health Center in Case CUP-1-10, will not be detrimental to persons residing or working in the area, to adjacent property, to the neighborhood, or to the public welfare in general; and WHEREAS, on May 25, 2010, the Apache Junction Planning and Zoning Commission recommended approval of Case No CUP-1- 10 in a 7 to 0 vote; and WHEREAS, the Applicant has satisfied the burden of proof of the above mentioned factors, and those set forth in the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 6 General Provisions and Exceptions, Section 6 . 0101, Conditional Use Permits RESOLUTION NO 10-15 PAGE 1 OF 2 ON ON NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apache Junction, Arizona, that a CUP is hereby approved to allow for the Apache Junction Health Center parking lot expansion, subject to the following conditions 1 The applicant shall meet all landscape and screening code requirements with the construction of the parking lot expansion 2 . The applicant shall build a decorative 6 foot wall around the perimeter of the parking lot. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2010 SIGNED AND ATTESTED TO THIS DAY OF , 2010. John S Insalaco Mayor ATTEST • KATHLEEN CONNELLY ON City Clerk APPROVED AS TO FORM. RICHARD JOEL STERN City Attorney RESOLUTION NO 10-15 PAGE 2 OF 2 ROLL CALL VOTE NOTES: U f / 1 ,D 0 C I l0 ITEM # MEETING OF 1( \411117\ MOTION BY SECONDED BY: Zt;CZ' YES NO ABSTAINED COUNCILMEMBER DIETZ COUNCILMEMBER BARKER -NAGE MAYOR EC-14- COUNCILMEMBER COLEMAN COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL /'\ oak ITEM NO. 10 I MOVE THAT RESOLUTION NO 10-15, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT, CASE NO CUP-1-10, TO ALLOW THE APACHE JUNCTION HEALTH CENTER, LOCATED AT 2012 W SOUTHERN AVE., APACHE JUNCTION, ARIZONA, A PARKING LOT EXPANSION FOR THEIR FACILITY, (BE APPROVED) OR(BE DENIED) PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 10-14,TO AMEND THE APPROVED FOOTHILLS SUBDIVISION PRELIMINARY PLAT CONSISTENT WITH THE PROPOSED PLANNED DEVELOPMENT AMENDMENT ALLOWING A PARKING LOT EXPANSION 2. Will ASSISTANT PLANNER YANET OCHOA speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. AGH City ofApache junction Home gf the Superstmon Mountains 4arzoj4* ES Print TO: City Manager's Office FROM: Yanet Ochoa, Assistant Planner DATE: June 15, 2010 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO 10-14,TO AMEND THE APPROVED FOOTHILLS SUBDIVISION PRELIMINARY PLAT CONSISTENT WITH THE PROPOSED PLANNED DEVELOPMENT AMENDMENT ALLOWING A PARKING LOT EXPANSION ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Proposed Resolution No. 10-14 adopts an amendment to the Foothills Subdivision Preliminary Plat to allow the number of residential lots to be reduced from 118 to 104 for construction of a parking lot expansion at the Apache Junction Health Center. The Planning and Zoning Commission, at their regularly scheduled Public Hearing meeting on May 25, 2010, recommended City Council approval for case SD-1-07 (Amended), Resolution No 10-14 by a 7-0 vote FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION: Approval. ATTACHMENTS: Click to download 0 City Council PH Staff Report D Resolution No. 10-14 PpA HE',. , 8 o o ti n� City of Apache Junction qR2 D�yP Development Services Department MEMORANDUM DATE: June 15,2010 TO: Honorable Mayor and City Council Members THROUGH: Brad Steinke,Development Services Director Fred Baker,Planning Manager Rudy Esquivias,Senior Planner/Zoning Administrator FROM: Yanet Ochoa,Assistant Planner SUBJECT: June 15,2010-Public Hearing Agenda Items: The applicant is requesting three related agenda items which include: Ordinance No. 1363 a major amendment to an existing Planned Development to reduce both acreage and number of lots for the proposed Foothills Subdivision and rezone a one acre portion from CR- 5/PD to CR-3; Resolution No. 10-14 which also reduces the number of lots proposed in the Foothills Subdivision Preliminary Plat; and Resolution No. 10-15 which requests an amendment to the existing Conditional Use Permit for the Apache Junction Health Center to allow a parking lot expansion in a CR-3 (Single Family Zoning District). Proposal Description: The applicant is proposing a major amendment to the existing (CR-5/PD) Planned Development Zoning which will reduce the acreage of the+/- 11 acre development to+/- 10 acres and the number of lots by 14, from 118 to 104 lots The applicant is also requesting a rezoning for the one acre of land from CR-5/PD (Multifamily Residential by a Planned Development)to CR-3 (Single Family Residential). Since,the Apache Junction Health Center is zoned CR-3 (Single Family Residential)the applicant would like to incorporate the one acre into their development and would like to keep the same zoning district for the entire facility. The applicant is requesting a Conditional Use Permit amendment for the Apache Junction Health Center to allow a parking lot expansion in the CR-3 (Single Family Zoning District) Attached is the staff report presented to the Planning and Zoning Commission at their regularly scheduled meeting of May 25, 2010 The Planning and Zoning Commission voted 7-0 to approve and the request is being forwarded for City Council consideration .m. �. PZ-1-10,SD-1-07 Amended,CUP-1-10 Page 2 of 2 All attachments for all agenda Items will be under this case PZ-1-10: Attachment: Resolution No. 10-14 p .•. RESOLUTION NO 10-14 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING AN AMENDMENT TO THE PRELIMINARY PLAT FOR FOOTHILLS SUBDIVISION, A RESIDENTIAL SUBDIVISON, PROPOSED IN CASE SD-1-07 BY CENTURION SERVICE CORPORATION AND DAVID SALCEDA, REPRESENTED BY JEFF GILES . WHEREAS, the sub-divider in Case SD-1-07 proposes to amend the previous preliminary plat approved by Resolution No 07-35, by reducing the number of lots from 118 to 104 . The parcel is approximately 10. 62 acres, legally described as noted in case file SD-1-07, pursuant to Arizona Revised Statutes (A R.S ) , Title 9 Chapter 4, Article 6.2, and the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 19, Planned Development Zoning District, and Chapter 2, Subdivision Regulations, and WHEREAS, on May 25, 2010, the Apache Junction Planning and Zoning Commission held a public hearing regarding the Amended preliminary plat for case SD-1-07 and recommended approval by a 7 to 0 vote, and WHEREAS, the Mayor and City Council finds this amended preliminary subdivision plat to be in compliance with the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance and Chapter 2, Subdivision Regulations. NOW, THEREFORE, be it resolved by the Mayor and City Council of the City of Apache Junction, Arizona, that. The amended preliminary subdivision plat for the Foothills Subdivision is approved subject to the following conditions: 1 The applicant shall comply with the Amended Foothills Preliminary Plat and shall follow all the requirements stated in the revised Narrative for the Foothills Subdivision Planned Development 2 . The applicant shall construct a decorative 6 foot wall around the perimeter of the subdivision. RESOLUTION 10-14 PAGE 1 OF 2 3. The applicant of the Foothills Subdivision shall landscape the north side of the 6' foot decorative wall prior to issuance of the first building permit for the subdivision 4 . The applicant shall comply with the Apache Junction City Code, Volume II, Land Development Code, Chapter 2, Subdivision Regulations The preliminary plat shall meet the requirements of City of Apache Junction Engineering OIN Design Guidelines and Policies Manual 5 The final plat shall be in substantial conformance with the approved preliminary plat and meet the requirements of the City of Apache Junction City Code, Volume II, Land Development Code, Chapter 2, Subdivision Regulations . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010 SIGNED AND ATTESTED TO THIS DAY OF , 2010 John S. Insalaco Mayor ATTEST . KATHLEEN CONNELLY City Clerk /, APPROVED AS TO FORM• RICHARD JOEL STERN City Attorney RESOLUTION 10-14 PAGE 2 OF 2 ROLL CALL VOTE NOTES: F n,, ,) i2:1- L4"1/g;:i ry,,, 00 -. A e-,0,„JJ ITEM # I MEETING OF ' OP MOTION BY: SECONDED BY: L `YES NO ABSTAINED COUNCILMEMBER WILSON / / COUNCILMEMBER SERDY 1 COUNCILMEMBER COLEMAN / V1e YO ECK • COUNCILMEMBER BARKER 7 COUNCILMEMBER DIETZ J MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 11 I MOVE THAT RESOLUTION NO 10-14, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING AN AMENDMENT TO THE PRELIMINARY PLAT FOR FOOTHILLS SUBDIVISION, A RESIDENTAL SUBDIVISION, PROPOSED IN CASE SD-1-07 BY CENTURION SERVICE CORPORATION AND DAVID SALCEDA, REPRESENTD BY JEFF GILES, (BE APPROVED) OR(BE DENIED). PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1363,A MAJOR PLANNED DEVELOPMENT AMENDMENT FOR THE FOOTHILLS SUBDIVISION AND A REZONING FOR ONE ACRE OF LAND FROM CR-5/PD TO CR-3 2. Will ASSISTANT PLANNER YANET OCHOA speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. 00 of Apache Junction (IIi Home of the ,S aper.,-tit/on Mountains g Print TO: City Manager's Office FROM: Yanet Ochoa, Assistant Planner DATE: June 15, 2010 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PROPOSED ORDINANCE NO 1363, A MAJOR PLANNED DEVELOPMENT AMENDMENT FOR THE FOOTHILLS SUBDIVISION AND A REZONING FOR ONE ACRE OF LAND FROM CR-5/PD TO CR-3 ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Ordinance No. 1363 proposes a major Planned Development amendment to the Foothills Subdivision which will allow the number of residential lots to be reduced by 14 (from 118 lots to 104), and will authorize rezoning from CR-5/PD (Multifamily Dwelling by Planned Development) to CR-3 (Single family Residential Zone) for the proposed Apache Junction Health Center's parking lot expansion The Planning and Zoning Commission, at their regularly scheduled Public Hearing meeting on May 25, 2010, recommended City Council approval of case PZ-1-10, Ordinance No. 1363 by a 7-0 vote. FISCAL IMPACT: Budgetary Approval Not Required ''1.1` OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION: Approval. ATTACHMENTS: Click to download ❑ City Council PH Staff Report 0 Rezoning Application O Planning and Zoning Staff Report ❑ Preliminary Plat and site plan D Preliminary Plat and site plan D Foothills Subdivision Narrative ❑ Ordinance No.1363 PeACH ✓ Q y O n-k City of Apache Junction p 4y Development Services Department MEMORANDUM DATE: June 15,2010 TO: Honorable Mayor and City Council Members THROUGH: Brad Steinke,Development Services Director Fred Baker,Planning Manager Rudy Esquivias,Senior Planner/Zoning Administrator FROM: Yanet Ochoa,Assistant Planner SUBJECT: June 15,2010-Public Hearing Agenda Items: The applicant is requesting three related agenda items which include: Ordinance No. 1363 a major amendment to an existing Planned Development to reduce both acreage and number of lots for the proposed Foothills Subdivision and rezone a one acre portion from CR- 5/PD to CR-3; Resolution No. 10-14 which also reduces the number of lots proposed in the Foothills Subdivision Preliminary Plat; and Resolution No. 10-15 which requests an amendment to the existing Conditional Use Permit for the Apache Junction Health Center to allow a parking lot expansion in a CR-3 (Single Family Zoning District). Proposal Description: The applicant is proposing a major amendment to the existing(CR-5/PD) Planned Development Zoning which will reduce the acreage of the+/- 11 acre development to+/- 10 acres and the number of lots by 14, from 118 to 104 lots. The applicant is also requesting a rezoning for the one acre of land from CR-5/PD (Multifamily Residential by a Planned Development) to CR-3 (Single Family Residential). Since, the Apache Junction Health Center is zoned CR-3 (Single Family Residential)the applicant would like to incorporate the one acre into their development and would like to keep the same zoning district for the entire facility. The applicant is requesting a Conditional Use Permit amendment for the Apache Junction Health Center to allow a parking lot expansion in the CR-3 (Single Family Zoning District) Attached is the staff report presented to the Planning and Zoning Commission at their regularly scheduled meeting of May 25, 2010. The Planning and Zoning Commission voted 7-0 to approve and the request is being forwarded for City Council consideration PZ-1-10,SD-1-07 Amended.CUP-1-10 Page 2 of 2 All attachments for all agenda Items will be under this case: Attached: Rezoning Application Planning and Zoning PH Staff Report Citizen Participation Report&Letter Preliminary Nat Narrative for the Foothills Subdivision Ordinance No 1363 Ps , HECD MAR 2 Z013 CITY OF APACHE JUNCTION PLANNED DEVELOPMENT AMENDMENTS/TIME EXTENSION/PRELIMINARY PLANNED DEVELOPMENT PLAN REVIEW APPLICATION I/We hereby request mendmer-)Timc Extension/Pre Plan Review for my/our Planned Development zoned property The request is as follows elk R.cvvcG sire 4R64 8' ouE 4c46d 126-Dvc6.` NvmBEIL oi- L0T5 Br 14 PROM II!s ra 1 0+ LOTS. lire case number of the ongmal Planned Development zoning was Please cheek appropriate letter arl have submitted site plans arfor elevations for a Preliminary Plan or an Amendment Request D 1 have submitted a new development schedule for a Ttmc Extension request Legal Description of Property(found on County Tax Bill Notices).Wm SE CR. 55c. 60 AL O'H'w-6ro.3s 6 S94A110-533.g O rPbB 5-89 t.'ry 40! 13_ County Assessor's Tax Pareul Number /O 2-1I- 0304 G. Describe the reason for th• demo Time Extension I Pre Plan Review for the property W6 Ate' TLAPF2IM6 The 5O07116GU 006 ,9c r TO TNC APACHE .1 L'CT,cO /14.T/t c6vTE . /V#€. P�fie/�r.u6 FAULT Ti 6 __ FOR OFFICE USE ONLY Case No Qt-t-IQ Date Filed 3'd-Aotv, Receipt No• Proposed Ordinance No Application Received By'!CtAA►(eL _ Fee Amount S PIN PIN I/We certify that I/We are tie.owner(s)of tht property described in this Planned Development Amendment/Time Extension/Pre-Plan Review application and have submitted copies of deeds or title reports as proof of ovine'htp 1/We have read thc application instructions and have truthfully completed this application PIIN and understand that the City has the option of either approval or denial of this request following conduct of a Public Hearing. 1/We,being the owner(s)of the property in this application,have appointed_ . € F A,_C!Les _ its my/our representative agent 1/Wc have authorized him/her to do whatever is necessary to have this request favorably by the City of Apache Junction and agree that all corrc,5 ndc rotating to is matter should be delivered to him/her Py.r.rAsc PIt1N I _ L,Y71l tO4/+SBA✓,‘E C_OA/.. Property Owner Name at Renard r aiederbedt 5"25 Id, 2.14.r" 57 4,4- President Street Address Tir*PE,'fa- 1 rz. 1-04-SOS- 2.35.5 City State Zip "felephone Property Owner Name Signature Street Address Lay,State,Zip -^ — -- tJepltuni" Agent Name Signature i Street Address i-- City,State,Zap Telephone STATF OF ARIZONA) The foregoing instruct clot was acknowledged before ) SS me this 9 day of re,brAa.� •20L COUNTY OF PINAL ) J Ia.nAi SF:µ•te), __ `_ aC Sri/AGE ( Note ublic NOTARY PJ IZ BUC�AN CNA 14Vl.COpA COUNTY \1y Coininwitin l..xpires /° ?/•-AdolJ I/We, LF./tiTr'J lOA/ ,5 g✓/Cc eale.' hereby certify that this is a complete list of property owners within 300 feet of the property proposed for rezoning or other permit approval as obtained from the.Tina!County Asassor's Office,on (date obtained) &We further certify that this hat is not older than thirty(30)day •t the tin ing of said application NEASE PRINT f' ENT//RJO/✓ SE,e✓i(E Co�P Pro�ppeerly Owner Name,, A 11' Richard d eiederteck 52 5 l,), STi ser r_ S_troi Address _Nl'0 SOS z3ss City,State,Zip Telephone Property Owner Name Signature Street Address City,State,Lip Telephone _ I Agent Name Signature Street Address City,State,Zip Telephone STATE OP ARIZONA) The fore ing instrument was acknowledged before SS me this ' day of {[�xu4:a �,20/J COUNTY orINAL ) 1/— C/ _ Notary u he eiS My Commission Expires /0 g t 4201 /111k \\ /1111N When recorded return to. City of Apache Junction Development Services Department 300 East Superstition Blvd Apache Junction,AZ 85219 PROPOSITION 207 CLAIM WAIVER/INDEMNIFICATION/ACKNOWLEDGEMENT Afeh1lil a.Diasearee, farsi6E07 ofC.44,/Get e/SEareeo COR/ f, 4. ,as owner of property identified as Pinal County Assessor Parcel No ,which is the subject of Apache Junction City Council,Planning&Zoning/Board of Adjustment or other Case No.px-i•JO ,hereby waive any and all potential diminution in value and just compensation claims or lawsuits that could be pursued against the City of Apache Junction,its elected officials, appointees,and employees pursuant to Proposition 207 as a result of the Planning and Zoning Commission/Board of Adjustment/Council's approval of the above-referenced matter. I acknowledge I have read and understand the language set forth in Proposition 207 This waiver is authorized pursuant to A.R.S §12-1134(I) I also hereby warrant and represent I am owner of the title to the above-referenced property and that no other person has any ownership in such property. E✓ter _c. R vice Coo/ Prin "e of 0 er _. Fag g Zoio ,..4174114A +fin• wed nor r „e R��roe Date State of Arizona ) ) ss County of ) SUBSCRIBED AND SWORN TO before me this ? day of re bba 1 , 20+,L by E,e.ha.i [7.,Ate,/2 k geg My commission expires bd �( .)0// Nob! a,Aa i ti�•,• „C. SJV GE k. ' iU> Cau rvM Al ckC ck FJ City of Apache Junction 4ai o�P Development Services Department PLANNING AND ZONING COMMISSION STAFF REPORT DATE: May 25,2010 CASE NUMBER: PZ-1-I0, Amended SD-1-07,Amended CUP-1-10 APPLICANTS: RICHARD J. BIEDERBECK AND EMANUEL B DAVID PROPERTY OWNER: CENTURION SERVICE CORPORATION AND DAVID/SALCEDA REPRESENTATIVE: JEFF A GYLES, CLOUSE ENGINEERING (REPRESENTING BOTH PROERTIES) REQUEST: A MAJOR AMENDMENT TO CASE PZ-1-10 A PLANNED DEVELOPMENT AND A REZONING FROM CR-5/PD TO CR-3 AND AN AMENDMENT TO THE FOOTHILLS SUBDIVISION OF 11 62 ACRES TO 10 62 ACRES FROM 118 LOTS TO 104 RESIDENTIAL LOTS AND A CONCURRENT CONDITIONAL USE PERMIT FOR THE APACHE JUNCTION HEALTH CENTER ONE(1)ACRE WITH 65 SPACES FOR A PARKING LOT EXPANSION. LOCATION: NORHTWEST CORNER OF SOUTHERN AVENUE AND IRONWOOD ROAD, WEST OF SIDE MERRILL GARDENS. (PARCEL NO. 102-11-003B) GENERAL PLAN/ ZONING DESIGNATIONS: MEDIUM DENSITY 3 5 DWELLINGS PER ACRE/CR-5 ZONE HIGH DENSITY 12 DWELLING MAX PER ACRE SURROUNDING LAND USES: NORTH: SINGLE FAMILY RESIDENTIAL SOUTH COMMERCIAL EAST: SENIOR LIVING FACILITY WEST SINGLE FAMILY RESIDENTIAL PZ-1-10.SD-1-07(Amended),and CUP-1-10 Page 2 of 6 On April 13, 2010, staff presented case PZ-1-10, SD-1-07(Amended)and CUP-1-10 to Planning and Zoning Commission for discussion The Planning and Zoning Commission had no questions or comments On April 27,2010 staff requested a continuance for case PZ-1-10, SD-1-07 (Amended) and CUP-1-10 The applicant failed to provide city staff with the required neighborhood ^ letter. The letter is essential to inform the public of the proposed development or changes to the site The Planning and Zoning Commission continued all three cases to May 25, 2010 Public Hearing for the recommendation to City Council BACKGROUND: This site was within the Merrill Gardens Planned Development which was amended in 2007 by Cornerstone Homebuilders for a proposed Foothills Subdivision.The existing zoning for the property is(CR-5/PD)was approved as a part of Ordinance 1306, which permitted the future Foothills Subdivision The Apache Junction Health Center is zoned CR-3 (Single Family Residential)and is currently running its facility under a Conditional Use Permit PROPOSAL: The applicant is proposing a major Amendment to the existing Planned Development Zoning with an Amendment to the Preliminary Plat for the Foothills Subdivision The amendments would allow one acre of land to be sold to the Apache Junction Health Center for the need of additional parking. The amended subdivision proposes 104 residential lots which are approximately 2,000 sq. ft. each.The applicant proposes no changes on the units sizes which range from approximately 1,200 sq ft to 1, 750 sq. ft , all homes are proposed to be two story 26 ft in height.The Amendment to the Preliminary Plat for the Foothills Subdivision reduces the number of lots from 118 to 104 which enables a one(1)acre of land to be sold to the Apache Junction Health Center to extend their existing parking lot Four floor plan designs proposed are the same as originally approved. Proposed are three different elevations for the design of the homes. Stone veneers,wrought iron accents and front porches are available to the buyer The site plan design encourages the front of the homes to be closer to the streets rather than having the garage closer to the streets as most single family homes are constructed The garages are 11'-6"x 28'-4"and will allow for one car and storage to be enclosed Concrete slate,tile roofs,and stucco finish with masonry and wrought iron will be the accent materials used for the construction of the homes The amended subdivision will conform to the requirements for open space The open space amenities are proposed on the west side of the property, which consist of a pool, a barbeque, and a Ramada with a restroom, storage, and equipment room soccer field This area will add additional distance from the proposed two story units to the neighboring properties and alleviate some of the view blocking of the mountains Another open space is a pedestrian walkway that is 20' ft wide and provides access to the recreational and open space amenities located on the east of the property adjacent to Merrill Gardens. )0114 PZ-1-10,SD-1-07(Amended).and CUP-1-10 Page 3 of 6 Proposed in this area is a basketball court and tot lot with some additional turf Both amenity areas will be within walking distance of all residents and will be interconnected via the walkway The applicant proposes that the changes are intended to provide a transitional use with the surrounding properties and create an amenity for the development on the site. The Apache Junction Health Center is requesting a rezoning from CR-5/PD (Multifamily Residential Zone by Planned Development)to CR-3 (Single Family Residential) for the one(1) acre of land that is currently a part of the preliminary platted Foothills Subdivision The one acre is a proposed parking lot expansion for their facility that will consist of 65additional parking spaces to serve an expanding clientele ANALYSIS• The City has previously approved these single family homes on 2,000 sq ft lots with the approval of this preliminary plat Other smaller lot sizes approved by the City include Arizona Goldfield with+/-4,000 sq. ft. lots, Broadway San Marcos with 3,500 sq ft lots and Jacobs Ranch with 4,500 sq ft lots Since the PD zoning is intended to provide flexibility from strict zoning designations, staff has provided a table below that outlines the proposed development standards with the proposed P D Amendment compared to the CR-5 development requirements(Multi-Family). The proposed development is for single family homes in a CR-5 (Multi-family Zone)the applicant would like to keep the higher density allowed in CR-5 to be able to build more single family units under the multi- family zoning.The two story units are detached, and proposed maximize the lot area Proposed deviations include allowing the driveway to be counted as a parking space to meet parking requirements The garage will be set back 22' from the property line The Zoning Ordinance requires, a parking space is to be 9' ft.x 20' ft. and not be located in the front yard setback. The design proposes to have a garage that will allow for one car and some storage They have guest parking of 42 spaces for a 104 lot subdivision The applicant is required to have 2.33 parking spaces per unit in the CR-5 Zoning District if building a multi-family project,with 104 lots in the subdivision,the requirement would be 242 parking spaces. The proposed project is Single Family and the required parking for CR-3 (Single Family Residential Zone) is 2 spaces per dwelling which would requires 208 parking spaces be provided The applicant is providing 250 parking spaces(one in the garage, one in the driveway per unit, plus 42 guest parking spaces throughout the subdivision) Parking along internal private streets will only be allowed on one side The Zoning Ordinance does not allow tandem parking, so parking one car in the garage and one on the front yard setback driveway would also need to be allowed in the proposed planned development Front, rear and side setbacks deviations are requested as part of planned development The applicant is requesting setback deviations including in the rear to have 5' ft, the front to be 10' ft, and the sides to be 8' ft one side 5' ft and the other side 3' ft The CR-5 District requires setbacks to be measured from the edge of the development. Setbacks for this zone are intended to apply to a multifamily complex The proposal is for single family units and the setbacks required are more in line with multi-family developments. PZ-1-10,SD-1-07(Amended),and CUP-1-10 Page 4 of 6 Comparative Table PD Development Standard Requested Standard ' CR-5 Standard requirements Min Lot size 2,200 sq ft. 10,000 sq ft Min Lot Width 40' 70' Front Setback 10' 25' Rear Setback 5' 35' Side Setback 3' 10' Side Yard Bldg Separation 8' Use&Benefit Easement 14' minimum Max Bldg Height 26'/2 stories 25' max Max Lot Coverage 75% 50%max Required Parking Spaces 1/unit+42 spaces for guest 2.33/unit parking proposing driveway As required parking Bldg. Setback from SFR 50' 50' Open space minimum 20 2% 20% PUBLIC NOTIFICATION• This project will be advertised 15 days prior to the Planning and Zoning Public Hearing of April 27, 2010 and letters have been mailed to all property owners within 300 ft. of the project The applicant was not required to conduct a neighborhood meeting since he mailed a letter of notification about the project and has reported that there are no comments or concerns from the neighborhood. Recommended Motion I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the(approval/denial)of the major amendment to the existing CR-5/PD, case PZ-1-10 that will reduce the number of lots from 118-104; and the(approval/denial)of the rezoning of a one acre piece of land that is part of the Foothills Subdivision from CR- 5/PD(Multifamily Residential by a Planned Development)to CR-3(Single Family Residential)for the parking lot expansion of the Apache Junction Health Center subject to the following conditions 1. The applicant shall be required to comply with the submitted and referenced revised narrative of the Foothills Planned Development and revised site plan I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the(approval/denial)of the Amended Preliminary Subdivision Plat for PPS PZ-110,SD-1-07(Amended),and CUP-1-10 Page 5 of 6 Foothills case SD-1-07(Amended) to reduce the number of lots from 118-104, subject to the following conditions. 1. The applicant shall comply with the Amended Foothills Preliminary Plat and shall follow all the requirements stated in the revised Narrative for the Foothills subdivision Planned Development. 2 The applicant shall construct a decorative 6 foot wall around the perimeter of the /'N subdivision. 3. The applicant of the Foothills Subdivision shall landscape the north side of the 6' foot decorative wall prior to issuance of the first building permit for the subdivision 4. The applicant shall comply with the Apache Junction City Code, Volume II, Land Development Code, Chapter 2, Subdivision Regulations. The preliminary plat shall meet the requirements of City of Apache Junction Ordinance No 1282, Engineering Design Guidelines and Policies Manual. 5 The final plat shall be in substantial conformance with the approved preliminary plat and meet the requirements of the City of Apache Junction City Code,Volume II, Land Development Code,Chapter 2, Subdivision Regulations I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the(approval/denial)of case CUP-1-10 the major amendment to the existing Conditional Use Permit for the Apache Junction Health Center to allow a parking lot expansion to accommodate more patients, employees,and visitors. 1. The applicant shall meet all landscape and screening code requirements with the construction of the parking lot expansion 2 The applicant shall build a decorative 6 foot wall around the perimeter of the parking lot Yanet Ochoa Assistant Planner Attachments -Rezoning Application -Narrative for the Major Amendment with Site Plan -Amended Preliminary Plat for the Foothills Subdivision which also identifies the one (1)acre lot for the proposed parking lot expansion for the Apache Junction Health Center. -Neighborhood report -Draft Ordinance No 1363 PZ-1-10,SD-1-07(Amended),and CUP-1-10 Page 6 of 6 -Draft Resolution No 10-14 -Draft Resolution No. 10-15 C V K R PRELIMINARY PLAT E;,W °P C, .RTo LEGAL DESCRIPTION FOR SITE SUMMARY TABLE W €- BEND A PORT OF THE NORTEAsi LE Of THE T T DUMPER OF THE SWTHOST QUARTO OF= 3° GROSS R NET ACRES: MDT.AC. .2,403 S.F C VI TOWSHIP M E SALT RNO BASE NV MIMI.PwA COINn AND TOTA TARS: 10. W W g;, COWEN.AT THECORNER SECTION FOOTHILLS Pao nG)OWING �R-5,0 .W R^ COKES r NINO.O5 SECONDS NESTS nE EAST UNE OF SAW SECTION I.A dRANJE DWELLINGo N1TS P: -S/0 M o s`6O.NCE A FEET TO NE SOUTHEAST CORNER OF SAID NORTH HL aF THE SOUIMATI OWNER OF iK SWMFASi OWRttR U!s PER ACRE: 8102 ]LO TAX ASSESSOR'S PARCEL 5 S. a'!I1-OODBAC Q .W mpakTuAl Oi 0.6 NEST RUNG THE SOUTH LNE OF SAW NORTH WILE A DISTANCE LOT SINE: .2. .F V AU y. AVERAGE LOT SIZE:Z.Z.O SF ToN,E5 RD eiO"'F�POR?°`�4PPO1G� A PORTION OF THE NORTH 1/2 OF THE SOUTHEAST QUARTER OF THE MAJTIMUM LOT ROTH, el IT MOM /PERU PoTawuwo Tux.SAID SW, T SOTN: AO R AT BLOC SE.EKK soDxEUT COW.Of THE SWIN Of GS WANTEn SOUTHEAST QUARTER OF SECTION 30 TOWNSHIP 1 NORTH RANGE 8 MINIMUM Lo MOOD O70657 FEET TO A F SECN°N w, wA"i°N T"`WEST uHE°`S.NORTH WO o,HE EAST OF THE G do S R B do M FINAL COUNTY ARIZONA AP.S LOT W53.9 o ET OPflN SPACE. 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Orangewood Avenue Phoenix, Arizona 85020 FOOTHILLS 1. Purpose and Introduction The purpose of this submittal is to seek approval for the revision of the ,11 previously approved Planned Development (PD) foi Foothills, a proposed residential infill development The revision requested reduces the onginal project site by one acre and reduces the number of lots by 14, from 118 lots to 104 lots The use of the PD, as an alternative to traditional zoning, will permit the development of an infill residential development compatible with surrounding land uses. The project is located on approximately± 10 62 acres of land near the northwest corner of Southern Avenue and Ironwood Road. 2. Planned Area Development Rezoning Request The site was originally within the Merrill Gardens planned development. The zoning for the property at that time (CR-5/PD) was approved as part of Ordinance No. 996, which permitted for the future expansion of the existing Merrill Gardens facility, an assisted living facility. The approved Planned Development for FOOTHILLS allowed the construction of single family lots. The southerly one acre is being transferred to the Apache Junction Health Center, for their use as additional parking facilities. 3. Existing Site and Area Conditions a Location The site is located near the northwest corner of Southern Avenue and Ironwood Roads, in the City of Apache Junction b Existing Site Conditions The site is currently vacant The property was originally planned for expansion of the Merrill Gardens facility to the east c Legal Description The site is in the north half of the southeast quarter of the southeast quarter of Section 30, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian d Relationship and Surrounding Properties The property represents the opportunity for infill development within the City of Apache Junction The surrounding properties are all developed with single-family residential homes, commercial development, and an assisted living facility The surrounding land uses are outlined below: North Single Family Residential South Commercial East Senior Living Facility West Single Family Residential 4. Project Land Use a. Proposed Development The proposed development would permit the development of residential lots ^ within a CR-5/PD zoning The Foothills PD is designed to provide an alternative to typical multi-family attached product The Foothills provides future residents with the feel of a single family residential subdivision through the development and construction of detached dwelling units ranging in size from approximately 1,200 square feet to 1,750 square feet. Since the PD zoning is intended to provide flexibility from stnct zoning designations, we have provided the following table that outlines the proposed land use regulations associated with the PD PD Development Standard Requested Standard _ Min. Lot Size 2,200 SF Min Lot Width 40' Front Setback 10' Rear Setback 5' Side Setback 3' Side yard Bldg Separation 8' Use and Benefit Easement Max. Bldg. Height 30'/2 Stories Max. Lot Coverage 75% Required Parking Spaces 2 33/unit Bldg Setback from SFR 50' *Face of garage shall be a minimum of 18' from property line /ak Typical Lot Detail b. Circulation and Access The Foothills will have one primary access point located on 20th Avenue at the northeast corner of the property (see Site Plan). A secondary emergency vehicle access will also be provided on 20th Avenue west of the main entrance. The intenor streets will be private with future maintenance being the responsibility of the Homeowners Association. c. Parking The Foothills has provided for 281 parking spaces, with an overall parking ratio of 2.70 spaces per unit, which exceeds the multi-family parking requirement of 2.33. Two parking spaces are provided on lot A single-car- oversized garage provides one space, with an additional space provided in the driveway. The proposed setback of 18' from property line allows for an additional parking space on the driveway. Additionally, 45 off-street parking spaces are dispersed throughout the site. The parking spaces are intended to provide for guest parking and use of the amenities. d. Interconnected Open Space Network and Amenities The Foothills has allocated approximately±18% of the project area to open space The open space is designed to provide a buffer to less intense land uses to the north and east, while providing an interconnected open space network for future residents. We have provided open space in the northwest corner of our project to increase the size of existing open space areas from adjacent communities Two central amenity areas provide residents outdoor recreation opportunities within walking distance of all residents The two central amenity areas include a pool, ramada, baibeque, basketball court, soccer field and tot lot so residents of all ages have outdoor recreational opportunities. These two centrally located amenity areas are connected by a 4' wide decomposed granite pedestrian path that bisects the property The path creates an interconnected open space network and allows Pak #01/4 pedestrians to safely travel between the main amenity areas. The open space network gives residents the opportunity to take advantage of the City of Apache Junctions vistas of the Superstition Mountains. 5. Utilities/Infrastructure Water Arizona Water Company Sewer Superstition Mountains Community Facilities District No 1 Electric Salt River Project Phone Qwest Streets Private 6 Architectural Standards a Architectural Style The development concept for Foothills is to create a diverse neighborhood by developing a variety of architectural expressions along intimate neighborhood streets The homes, as depicted on Floor Plan exhibits, are two story and range in size from approximately 1,200 to 1,750 square feet. The proposed homes will be on lots with typical widths of 40 feet and typical depths of 56 feet. The architectural design theme for Foothills will be a contemporary expression of Tuscan and Italian European architectural styles Each proposed floor plan has three front elevation expressions, stone elevations are standard on two of the three elevations. Recessed windows, garage doors, shutters, and decorative iron are incorporated in the elevations. Detailing will focus on front elevations and entry areas and will transition around corners to continue on the other elevations. Complementary building forms, elements, details, and color will create a consistent overall design oes theme for Foothills. Professionally designed color schemes have been established from an appropriate palette with accent colors complimenting the main color theme b. Building Materials Homes will be designed and built to optimize the neighborhood street scene. Identical elevations will not be adjacent to each other. In addition, no more than two identical elevations with the same exterior colors will be located within five consecutive lots on the same side of the street to avoid repetitiveness in the street scene. Streetscape diversity will be further enhanced through home entry features and landscaping design The entrances of the homes will share a common property line as to open up the front and landscaping area and create the most pleasingandpedestnan fnendly P g street scene 7. Residential Covenants, Conditions and Restrictions (C C & R's) a. CC&R's CC&R's will be drafted to provide the community with project related guidelines. It is the intent of the CC&R's to establish the rules and regulations for the Homeowners Association The CC&R's will be provided to the City of Apache Junction with the first submittal of the final plat for review The CC&R's will be recorded with the final plat b. Homeowners Association A homeowners association will be established to help enforce the City of Apache Junction approved Foothills CC&R's A property management company will be brought in to help manage and maintain the homeowners /1 association. Homeowners will be required to pay monthly dues to the association which will be used for the upkeep of community amenities, common area landscape tracts and other community maintenance related issues. O \ ORDINANCE NO. 1363 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT, AMENDING THE DEVELOPMENT PLAN FOR THE PROPOSED FOOTHILLS SUBDIVISION BY DELETING 14 LOTS COMPRISED OF +/- ONE ACRE THEREFROM; AND APPROVING A REZONING OF SAID +/- ONE ACRE FROM CR- 5/PD(MULTI-FAMILY HOMES BY PLANNED DEVELOPMENT) TO CR- 3 (SINGLE FAMILY RESIDENCE) , IN CASE PZ-1-10, FOR A 10 . 62 ACRE PROPERTY, LOCATED NEAR THE SOUTHWEST CORNER OF W. 20TH AVENUE AND S . IRONWOOD DRIVE, BY AMENDING ORDINANCE NO 1306, REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, on August 21, 2007, Ordinance No. 1306 was passed and adopted by the Mayor and City Council, setting forth the development plan for Cornerstone Homes Foothills Subdivision; and WHEREAS, the change in market conditions and business plan support an amendment to the planned development to allow for a reduction of lots from the proposed single family subdivision and to allow the owner to sell one acre to the Apache Junction Health Center, and WHEREAS, such a change in zoning was requested in Case No. PZ-1-10 in which the Owner proposed a reduction of lots from 118 to 104, for the "Foothills Subdivision" and a Rezoning from CR- 5/PD (Multifamily Homes) to CR-3 (Single Family Home) for a one acre piece of land in the Foothills Subdivision to be sold to the Apache Junction Health center for the expansion of a parking lot; and WHEREAS, on May 25, 2010, the Apache Junction Planning and Zoning Commission recommended approval of Case No PZ-1-10 in a 7 to 0 vote, and WHEREAS, the Mayor and City Council finds that the proposed planned development major amendment and rezoning. 1) conforms to all of the applicable criteria as specified in the City Code of Apache Junction, Volume II Land Development Code, Chapter 1 Zoning Ordinance, Article 19 Planned Development Zoning District, Section 19 0109 General Criteria; 2) is in compliance ORDINANCE NO. 1363 PAGE 1 OF 3 with the City of Apache Junction General Plan; 3) integrates with the surrounding neighborhood, 4) adequately accommodates traffic, 5) will have adequate public facilities; and 6) will result in enhancement to the social, built, and natural environment in the City NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS• SECTION I IN GENERAL That. 1) the submitted planned development major amendment and rezoning be and hereby is approved; and 2) that Ordinance No 1306 remains in full force and effect except as otherwise amended herein, subject to the following condition. 1. The applicant shall be required to comply with the submitted and referenced revised narrative of the Foothills Planned Development and revised site plan SECTION II • REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III . PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the 0.1 remaining portions thereof PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010. SIGNED AND ATTESTED TO THIS DAY OF , 2010 John S. Insalaco Mayor ORDINANCE NO. 1363 PAGE 2 OF 3 ATTEST: KATHLEEN CONNELLY City Clerk eiN APPROVED AS TO FORM. RICHARD JOEL STERN City Attorney ORDINANCE NO. 1363 PAGE 3 OF 3 ROLL CALL VOTE NOTES Z7 (1) tI)ji r /Uri / t9 I17 ITEM # \Y MEETING OF , MOTION BY: c •-("1 111/\ SECONDED BY YES NO ABSTAINED `VICE,MAYOR ECK COUNCILMEMBER WILSON V! COUNCILMEMBER BARKER ` COUNCILMEMBER SERDY V` COUNCILMEMBER DIETZ V COUNCILMEMBER COLEMAN I/ MAYOR INSALACO ✓ UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: '41)4 Assikk 1,1,/\ 41rii) 47/, /) ITEM # MEETING OF MOTION BY: A1 SECONDED BY: YES NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER COLEMAN COUNCILMEMBER WILSON ✓y COUNCILMEMBER DIETZ I COUNCILMEMBER SERDY v MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ook oink ITEM NO. 12 I MOVE THAT ORDINANCE NO 1363 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED (Call upon the city clerk to read Ordinance No 1363 by title only Majority vote required) I MOVE THAT ORDINANCE NO. 1363, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED) I MOVE THAT ORDINANCE NO 1363, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS. PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 10-17,AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE BUREAU OF JUSTICE ASSISTANCE FISCAL YEAR 2010 BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) 2. Will PUBLIC SAFETY DIRECTOR JERALD MONAHAN speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. pgACk • °� • o 'ity of Junction Home of'the Superstition Mountains otzoto. a Print TO: City Manager's Office FROM: Jerald L. Monahan, Chief of Police DATE: June 15,2010 Agenda Type : Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO 10-17, AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE BUREAU OF JUSTICE ASSISTANCE FISCAL YEAR 2010 BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: At the conclusion of the Public Hearing, staff respectfully requests the adoption of Resolution No. 10-17 which would authorize the submission of a grant application ($17,625.00)to obtain electronic ticketing equipment and related software The Resolution also stipulates that the City may provide up to$469.20 in cash to match the funds provided by the grant. The total cost of the project is$18,094.20. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Policy Discussion (list specific options/alternatives) RECOMMENDATION: Council has the following options 1 Approve the project as presented. 2. Not approve the project as presented ATTACHMENTS: Click to download Cl Staff Report D Resolution Number 10-17 D Project Budget Ok City of Apache Junction 4R�z°rig Department of Public Safety MEMORANDUM DATE: May 19, 2010 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager FROM: Jerald Monahan, Director of Public Safety/Chief of Police SUBJECT: Bureau of Justice Assistance Fiscal Year 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Application REQUEST Staff respectfully requests the City Council to adopt Resolution 10-17 authorizing the submission of a Bureau of Justice Assistance ("BJA") Fiscal Year 2010 Edward Byrne Memorial Justice Assistance Grant ("JAG") application The Resolution stipulates that the City is applying for $17,625 to obtain electronic ticketing equipment ("E-Ticket") and related software for use by the Police Department's Traffic Division. Further, the Resolution stipulates that the City may provide up to $469.20 in cash to match the funds provided by the grant The total cost of the project is $18,094 20 Last, the Resolution stipulates that the Mayor and City Council have approved the submission of the project for funding and that the City Manager, or his designee, has been appointed to conduct all negotiations and to execute and submit all necessary documents. See Attachment 1 for a copy of the Resolution The resolution is a mandated portion of the application. BACKGROUND The Department of Justice makes Edward Byrne Memorial Justice Assistance Grant funds available to states and local governments based on the state's population, the state's Part 1 violent crime rate, and the state's crime expenditure Based on these calculations, the City of Apache Junction was awarded $17,625. These funds can be used for a number purposes including supporting local law enforcement programs and agencies. Local governments can use the funds "to support a broad range of activities to prevent and control crime based on their local needs and conditions." Page 1 of 2 To meet grant guidelines, the City Council will be provided with a draft of the application no later than May 30, 2010 Further, it is respectfully requested that the City Council conduct a public hearing regarding this grant application during the June 15, 2010 City Council meeting DISCUSSION After reviewing Byrne JAG guidelines and current Departmental needs, the Command Staff at the Police Department decided that the funds could best be used to purchase an additional three (3) electronic ticketing units Earlier this year, four (4) electronic ticketing devises were obtained with American Recovery and Reinvestment Act of 2009 ("ARRA") funds. Two (2) units are being utilized by the Motor Units and two (2) are utilized by patrol shift officers Utilization of the E-Ticket equipment 1) Reduces an officer's risk by decreasing contact time 2) Encourages correct Arizona statute charging resulting in fewer amendments having to be filed by court personnel 3) Reduces incorrect/incomplete citations resulting in fewer amendments having to be filed by court personnel 4) Eliminate illegible handwriting 5) Reduces the use of paper ticket books which use multiple copies per ticket 6) Eliminates the need for manual entry by Records personnel 7) Eliminates the need for manual entry by Court personnel The E-Ticket units have enhanced traffic enforcement capability in addition to saving time and money to the taxpayers of Apache Junction The enhancement resulted in reduced frustration between Court personnel, Police personnel, and Records personnel with regards to incorrect and illegible citations. The project must be completed by September 30, 2014 See Attachment 2 for the Project Budget RECOMMENDATION Staff respectfully recommends that Council approve Resolution Number 10-17 ACTION REQUIRED Adoption of Resolution Number 10-17 and direction to staff to implement Attachment 1. Resolution Number 10-17 Attachment 2 Project Budget Page 2of2 C Attachment 1 RESOLUTION NO. 10-17 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING SUBMISSION OF A PROPOSAL FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ("JAG") PROGRAM (FY 2010) FUNDS; AND APPOINTING THE CITY MANAGER, OR HIS DESIGNEE, TO CONDUCT ALL NEGOTIATIONS AND EXECUTE ALL RELATED DOCUMENTS ASSOCIATED WITH THE SUBMITTAL. WHEREAS, the U.S. Department Of Justice, Office of Justice Programs Bureau of Justice Assistance is seeking applications for funding under the Edward Byrne Memorial Justice Assistance ("JAG") Program from state, local, and tribal agencies for projects relating to the prevention or reduction of crime and violence , and WHEREAS, the City of Apache Junction, Arizona, through its Department of Public Safety, is interested in submitting a project to be considered for funding in the form of reimbursable grants from the U.S. Department Of Justice, Office of Justice Programs Bureau of Justice Assistance NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, as follows . 1) That approval of the submission of the proposal for the project under consideration is granted. 2) That the Apache Junction City Manager, or his designee, is appointed agent for the City of Apache Junction, to conduct all negotiations and to execute and submit all documents and any other necessary or critical instruments in connection with such submittal. emS 3) The Apache Junction City Manager, or his designee, is authorized to sign an application for receipt and use of these funds in an amount of $17, 625 for the acquisition of three (3) electronic ticketing units and related software. 4) The City may expend up to $470 in cash to match the funds provided by the grant PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010 SIGNED AND ATTESTED TO THIS DAY OF , 2010 . RESOLUTION NO 10-17 PAGE 1 OF 2 JOHN S. INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM- RICHARD J. STERN City Attorney RESOLUTION NO. 10-17 PAGE 2 OF 2 Attachment 2: Project Budget Budget Narrative I. Revenue FY 2010 Byrne JAG Grant 17,625 00 City cash match 469 20 TOTAL $18,094.20 II. Expenditure: Equipment Acquisition Description Model Quantity Unit Cost Extended Cost EQUIPMENT 14,09 3.97 Pocket Citation -- 3 1,399 00 4,197 00 Intermec CN3 3 2,299 99 6,899.97 Intermec reader CN3 3 225 00 675 00 Printer Zebra RW420 3 774 00 2,322 00 SUPPLIES 99.00 Thermal paper Zebra RW420 1 99 00 99 00 EXTENDED WARRANTIES 1,602 00 Handheld unit 3 303 00 909 00 Printer 3 23100 693.00 ANNUAL MAINTENANCE 750.00 Software updates PROJECT MANAGEMENT 299 85 Software licensure 3 99.85 299.85 SHIPPING AND HANDLING 225.18 SALES TAX(6%) 1024 20 TOTAL S18,094.20 Page 1 of 3 ,.... Attachment 2: Project Budget 500 Fairway Drive.Suite 204 A ._,,,,,_ ,, Deerfield Beach,Florida 33441 P Proposal 954-354 3000(Main) 954-354-3001 (Fax) ADVANCED PUBLIC SAFETY WWw aps us Date 5i192014 A Trimble Camoanv /'a Agency Details Contact: Captain Arnold Freeman Order No: 006T000000ISoIX Agency Name• Apache Junction Police Department Contact Name: David Kennedy Address. 300 East Superstition Blvd (954)354-3000 x244 City,State&Zip Apache Junction,AZ 85119 dkennedy©aps.us QTY PRODUCT NAME PRODUCT DESCRIPTION UNIT PRICE TOTAL PRICE 3 PocketCitation Electronic traffic citation for handheld device $1,399 00 $4,197 G0 3 Intermec CN3 w/Bluetooth Intemtec CN3 wiBiuetooth &802 11b1g,2D $2,299 99 $6,899 97 &802 11blg.2D Imager, Imager,Extended Battery OWERTY Keypad Extended Battery USB Cradle,Line Cord,110 Volt PS,USB Cable OWERTY Keypad, NoGPS(No WAN) 3 Intermec CN3 Magstnpe 3-Track Magstripe Reader for the Intermec CN3 $225 00 $675 00 Reader 3 Intermec CN3 Extended Intermec CN3 Extended Warranty- 3 Year S303.00 $909 00 Warranty-3 Year Bronze Bronze Medallion Complete Comprehensive Medallion Complete Service Plan with 5-day turnaround time 3 Zebra RW420 Printer w/ Zebra RW420 thermal printer wi Bluetooth $774.00 $2,322 00 Bluetooth(110-volt Power Supply) , 3 Zebra RW420 Extended No Hassle Warranty covering all the labor and $231 00 $693.00 Warranty-3 Year Care parts required to keep pnnter operating at high Advantage wl performance levels All Zebra equipment Comprehensive returned for service under this agreement will receive a complete preventative maintenance procedure and will be returned at no additional cost ,ssio.„ 1 Thermal Paper Case Case(36 rolls)of Top Coated High-Quality $99 00 $99 00 (Zebra QIJRW420) Paper Rolls(80') 1 Annual Maintenance Annual Maintenance $750 00 $750 00 1 Project Management Dedicated Protect Manager assigned from PO $299 85 $299.85 through Software Acceptance Provides single point of contact 1 Shipping&Handling Shipping&Handling S225 18 $225 18 1 Tax Tax $1 024.20 $1,024 20 NET TOTAL(USD)$18.094.20 Page 2 of 3 Attachment 2: Project Budget Notes Pricing is guaranteed until June 30,2010 Terms and Cpnditions All Customer purchase orders for APS products and services are subject to APS'End User License Agreement and Terms and Conditions of Sale,which can be viewed at http/fwww.aps.us/downloadslagreement.pdf Such terms,along with any additional terms and conditions agreed to and accepted by APS in Customer's purchase order or otherwise stipulated in writing,shall prevail over any differing or conflicting terms in this Proposal Payment Terms are Sijio&Invoipg, Page 3 of 3 ROLL CALL VOTE 0 NOTES: ITEM # \ 1 MEETING OF MOTION BY: c4) SECONDED BY: ( tilifi YES NO ABSTAINED COUNCILMEMBER SERDY -Vtetit1lAhtinrfrEC K--- COUNCILMEMBER DIETZ V/ COUNCILMEMBER WILSON +� COUNCILMEMBER COLEMAN ,71/ COUNCILMEMBER BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL /"\ ITEM NO. 13 I MOVE THAT RESOLUTION NO 10-17, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING SUBMISSION OF A PROPOSAL FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ("JAG")PROGRAM(FY 2010) FUNDS, AND APPOINTING THE CITY MANAGER, OR HIS DESIGNEE, TO CONDUCT ALL NEGOTIATIONS AND EXECUTE ALL RELATED DOCUMENTS ASSOCIATED WITH THE SUBMITTAL, (BE APPROVED) OR(BE DENIED). PUBLIC HEARING 1. For CONSIDERATION OF PROPOSED MEDIACOM CABLE LICENSE AGREEMENT 2. Will CITY ATTORNEY JOEL STERN speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. •� COI of Apache junction Horne ©f the Superstition Mountains '1fl20NF Print TO City Manager's Office FROM: R.Joel Stern, City Attorney DATE. June 15, 2010 Agenda Type : Regular Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: CONSIDERATION OF PROPOSED MEDIACOM CABLE LICENSE AGREEMENT. ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: The City has been in active cable license renewal negotiations with Mediacom since the summer of 2009. The parties have now come to a conclusion of those negotiations, which resulted in a consensus on the terms of such renewal,to include. 1) payment of additional public, educational and government (PEG) subscriber fees (an increase of 20 cents per month). 2) an extended 12-year term. 3) advancement in technology stipulations 4) local office changes. 5) program for system maintenance relating to preservation of safety. 6) payment of missed license fees, Internet and CPI adjustments in the approximate amount of$56,000.00 FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval of Renewal. ATTACHMENTS: Click to download t Mediacom License Renewal Agreement EIGHTH AMENDMENT TO CABLE SYSTEM LICENSE AGREEMENT BETWEEN MEDIACOM ARIZONA L L C AND THE CITY OF APACHE JUNCTION THIS AMENDMENT is made and entered into this day of 2010, ("the Execution Date"), by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and MEDIACOM ARIZONA, L.L.C, a Delaware limited liability company ("Licensee"), sometimes both collectively referred to as the "Parties" RECITALS A A License Agreement was entered into between City and Tnax Midwest Associates (Licensee's predecessor in interest) on August 17, 1999 (the "1999 Agreement") and expired on August 31, 2004. B. City and Licensee entered a written amended agreement (the "2004 Amendment") extending the original Agreement for five (5) additional years effective August 31, 2004 through August 31, 2009 C Under the terms of the 2004 Amendment, the Parties had the option of extending the Agreement an additional five (5) years through August 31, 2014 if Licensee was in compliance with the Agreement and Licensee continued to offer comparable services to similarly-sized municipalities in the State of Arizona or any other similarly-sized Mediacom system within the United States D The Parties have executed six temporary extensions of the 1999 Agreement and 2004 Amendment, extending the term through June 15, 2010 while City verified Licensee's compliance with current laws and regulations and the Parties negotiated terms and conditions of the renewal of the Agreement E City maintains that Licensee has failed to remit certain funds due and owing the City under the 2004 Amendment related to financial support for public, educational and governmental ("PEG") programming in the City ("Past PEG Payments") Licensee maintains that it has fully remitted all Past PEG Payments under the 2004 Amendment and does not admit any further liability to the City City and Licensee now desire to conclude and settle, once and forever, all disputes relating to Past PEG Payments by executing this Eighth Amendment which releases Licensee from any and all of City's claims, asserted or unasserted under the 2004 Amendment regarding Past PEG Payments in return for Licensee agreeing to a new Section 5(E), Capital Grant for Access Equipment and Facilities, which addresses Licensee's voluntary payments in support of PEG F Consequently, in this Eighth Amendment, the Parties desire to set forth the fully negotiated terms continuing from the 1999 Agreement, 2004 Amendment and new amendments for the next twelve (12) years 1 AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to modify the 1999 Agreement and 2004 Amendment as follows* SECTION I AMENDMENTS A) Section 2, Grant of Authority, subsections (D), Term, and (E), Licensee's Acceptance, are deleted in their entirety and replaced with the following (D) Term This Agreement is extended twelve (12) additional years, effective June 15, 2010 through June 15, 2022 (E) Licensee's Acceptance Acceptance of this Amendment shall be reflected by the execution of this document by an authorized and binding employee or agent of Licensee, whose notarized signature shall be provided to City The Execution Date of the Amendment shall be written on this document in the first paragraph, such date being the date the last Party signed the document B) Section 3(A)(3)(a), General Requirements, Section 3(A)(6), System Upgrade Schedule, Section 3(A)(14), System Acceptance Schedule, subsections (a) through (f), are all considered fully satisfied and are therefore deleted in their entirety C) Section 3(A)(9), Integration of Advancements in Technology, is deleted in its entirety and replaced with the following Periodic Evaluation The field of cable communications is rapidly changing and may see many regulatory, technical, financial, marketing and legal changes during the term of this License Therefore, in order to provide for a maximum degree of flexibility in this -�• License, and to help achieve a continued advanced and modern System, the following shall apply A City may require evaluation sessions at any time during the term of this License, upon sixty (60) days' written notice to Licensee B Topics which may be discussed at any evaluation session may include, but are not limited to, application of new technologies, System performance, programming offered, access channels, facilities and support, municipal uses of cable, customer complaints, amendments to this License, judicial rulings, FCC rulings, line extension policies and any other topics City and Licensee deem relevant. C. As a result of a periodic review or evaluation session, City and Licensee shall develop such changes and modifications to the terms and conditions of the License, 2 as are mutually agreed upon and which are both economically and technically feasible Licensee agrees that it shall not apply or seek to apply or make any claim that all or any part of the technical changes and modifications costs set forth in this Section 3(A)(9) are Licensee Fee Payments under 47 U S C § 542 and/or applicable state law nor are the technical changes and modifications costs to be considered other payments or contributions to be made by Licensee to City pursuant to this Agreement Licensee shall not deduct any technical changes and modifications costs from, or offset such expenses against, any taxes, fees or assessments levied or imposed by City on Licensee D) Section 3(A)(13), System and Institutional Network Rebuild Schedule, Subsections (a) through (d), are deleted in their entirety and replaced with the following a Licensee shall maintain the functionality and access of the System and Institutional Network, and shall be responsible for all malfunctions of such System and Institutional Network, including the repairing of damaged conduit facilities at Licensee's cost, regardless of how such damage occurred, unless it was caused by the negligence of Licensor, in which case Licensee shall still be responsible for repair but may seek reimbursement of actual costs (without markup) from Licensor b Licensor shall be permitted to use such System and Institutional Network at no charge to Licensor or City end users for the duration of the Term c. Licensee agrees that it will not discriminate among Subscribers with regard to rates and charges or the provision of any service based on considerations of race, color, creed, sex, marital or economic status, national origin, or neighborhood of residence; and shall comply with all non-discrimination requirements of applicable federal, state and local laws E) Section 3(A)(16), Public Service Drops, is deleted in its entirety and replaced with the following. Licensee shall make service drops available free of charge for the duration of the Term, install one (1) cable service drop, one (1) cable outlet, and any required terminal equipment, if necessary, and provide the highest level of Cable Service offered by Licensee, excluding pay per view, pay per channel (premium) programming, to all governmental or educational buildings in the City and such other public institutions subsequently designated by City as determined in City's sole discretion ("Public Buildings") Public Buildings to be provided free service include City Hall, the Multi- generational Center, the Library, the Public Works Department, Animal Control, the Police Department, and the Apache Junction Water Company (former AJ City Library building at 112 E 2nd Avenue), subject to City providing all required easements to Licensee if not already granted All standard drops shall be completed within thirty (30) 3 A . 411111 calendar days of the request of such service drop. For all City buildings to which a service drop is requested, Licensee shall provide City monthly service free of charge, and such service shall include at a minimum the highest levels of Cable Service offered by Licensee excluding premium, pay-per-view and pay channel programming Licensee shall also provide City, free of charge, all terminal equipment necessary to receive programming which may include converter boxes for each drop. City may redistribute the cable signal to other internal locations free of charge and Licensee shall provide, free of charge, any required terminal equipment necessary to view such signals Licensee shall be responsible for the costs of extension to subsequently designated Public Buildings for the first three hundred (300) feet as measured from Licensee's nearest active service pole The institution shall pay any net additional drop or extension costs beyond the first three hundred (300) feet Licensee agrees that it shall not apply or seek to apply or make any claim that all or any part of costs associated with the requirements of this Section 3(A)(16) ("Public Service Drops") are Licensee Fee Payments under 47 U.S.0 § 542 and/or applicable state law nor are the Public Service Drop costs to be considered other payments or contributions to be made by Licensee to City pursuant to this Agreement Licensee shall not deduct any Public Service Drop costs from, or offset such Public Service Drop costs against, any taxes, fees or assessments levied or imposed by City on Licensee F) Section 4(A)(1), System Office Hours and Telephone Availability, subsection (c) deleted in its entirety and replaced with the following Licensee shall maintain a local office centrally located within the City limits, open during normal business hours Such office shall accept customer payments, assist customers with any complaints, answer any Subscriber questions regarding programming or safety, process new service requests, exchange equipment, and address any other matters raised by a Subscriber In addition, Licensee shall make available a direct contact telephone number of local personnel available to City staff in order to facilitate timely responses for questions and concerns of cable television customers who have contacted the City directly Licensee agrees that it shall not apply or seek to apply or make any claim that all or any part of costs associated with the requirements of this Section 4(A)(1) ("Local Office Costs") are Licensee Fee Payments under 47 U S C § 542 and/or applicable state law nor are the Local Office Costs to be considered other payments or contributions to be made by Licensee to City pursuant to this Agreement Licensee shall not deduct any Local Office Costs from, or offset such Local Office Costs against, any taxes, fees or assessments levied or imposed by City on Licensee G) Section 4(A)(2), Installations, Outages and Service Calls, new subsection (d) shall read as follows Service calls shall be performed during a four (4) hour window that has been communicated to the Subscriber at least five (5) calendar days in advance of such service call, unless otherwise requested by a Subscriber The convenience of Subscribers shall always be the primary accommodation goal of Licensee 4 H) Amend Section 4(A)(3)(a)(ii), Billing, new subsection (e) shall read as follows Residential billing statements shall include the local address and local phone number of the local Licensee office I) New Section 4(B)(5), Systemwide Technical Repair Plan for Ongoing Maintenance & Maintenance Records, shall read as follows On July 1, 2010, Licensee shall submit to City a written Systemwide technical repair plan for ongoing maintenance and safety to be followed for the balance of the Term Such plan shall include Licensee's monitoring and testing activities, remedy of technical infractions associated with service drops to Subscriber homes, grounding, and safety hazards in the public rights-of-ways and on private property Upon request, Licensee shall submit to City on a quarterly basis for the remainder of the Term a written maintenance log indicating the activity of the previous quarter's activity in these areas. J) Section 5(A), Required Access Channels, is deleted in its entirety and replaced with the following. Licensee shall immediately provide City with up to three (3) Access Channels ("PEG Channels") as determined in City's sole discretion. Except as provided in this Section, Licensee shall have no responsibility for the management, operation or administration of PEG Channels PEG Channels shall be located on the Basic Cable Service tier and grouped together and located on the System in reasonable proximity to other commercial video channels on the System. The quality and standards of PEG Channels shall meet or exceed the same or better quality and standards as commercial channels provided on the System, such as news, sports, local broadcast, and mainstream historical and educational channels Should Licensee convert the Basic Cable Service tier to digital format, Subscribers shall continue to receive PEG Channels free of charge except for the standard rate applicable for the Basic Service tier PEG Channels must be receivable by Subscribers without special expense, other than the expense required to receive Basic Cable Service or digital service, as applicable Licensee shall maintain PEG channels consistent with FCC technical standards, Licensee shall distribute PEG Channels in a similar manner and technical quality as those of broadcast channels (not including the broadcast multicast and HD channels), provided PEG Channels are received by Licensee in a manner congruent with the receipt of broadcast television signals City recognizes that Licensee is unable to improve the technical quality of PEG Channels but Licensee shall not degrade the technical quality once it is received by Licensee Licensee agrees not to encrypt PEG channels any differently than other commercial channels available on the system unless City and Licensee mutually agree in writing to a non-traditional format that is not similar to those of broadcast channels K) Section 5(E), Capital Grant for Access Equipment and Facilities, is deleted in its entirety, and replaced with the following 5 a) Licensee shall pay City on June 15, 2010, at the same time Council considers this Amendment, an amount of $50,133 13, which represents the amount due pertaining to the compounded Consumer Price Index increase Mediacom failed to effectuate from 1999 to the present under Section 5(E) of the 1999 License Agreement b) Licensee shall also pay City for any and all missed PEG fees and Licensee fees not already referred to above as determined by City's Finance Department in the amount of $6,098 77 ($5,975 37 plus penalty and interest of $123 40) Such payment shall be received in full no later than June 15, 2010 and shall constitute full satisfaction of the 1999 Agreement and 2004 Amendment as to missed license fee payments c) Licensee shall pay City eighty-five cents ( 85) per Subscriber per month ("Access Support") commencing ninety (90) calendar days after the Effective Date for the balance of the Term Payment shall be made quarterly, concurrently with the Licensee Fee Payment d) Licensee and City agree that Licensee's willingness to provide the Access Support as set forth in this Section 5 is a material issue under this Agreement Licensee specifically acknowledges and agrees that the Access Support referenced in Section 5(E)(a) and (c) is not a License Fee Payment under this Agreement and falls within one or more of the exceptions in 47 U S C § 542 and applicable state law, nor shall such costs be deducted from or offset against any taxes, fees or assessments levied or imposed on Licensee by City However, the Access Support set forth in Section 5(E)(c) may be categorized, itemized, and passed through by Licensee to Subscribers as permissible, in accordance with 47 U S C § 542 or other applicable law e) Licensee agrees not to seek, initiate, or propose any change in any applicable law to change or alter the terms, conditions, and requirements of this Section Licensee further agrees neither it or any of its employees will encourage, request or otherwise cause, directly or through a third party (including but not limited to any cable association or lobbyist), a challenge to any provision of this Agreement f) In the event either City or Licensee is served with a lawsuit challenging the enforceability of Section 5 of this Eighth Amendment relating to the PEG Access Support (the 85-cent monthly fee collected from Subscribers set forth in Section 5(C) above), Licensee agrees, upon being provided a copy of such lawsuit, that it will share equally in the costs within 10 calendar days acknowledge receipt and will defend, indemnify and pay all other costs associated with such lawsuit L) Section 9(B)(1), Complete Agreement, shall be deleted in its entirety and replaced with the following 6 It is the intent of City and Licensee that the terms, conditions and obligations set forth in this License Agreement shall govern their relationship for the full term of the License Agreement With the exception of Sections 3(A)(9), 4(A)(1) and 5(E), in the event that any court, agency, commission, or other authority of competent jurisdiction declares this License Agreement invalid, in whole or in part, or requires Licensee either to (a) perform any act which is inconsistent with any provision of this License Agreement, or (b) cease performing any act required by any provision of this License Agreement, then Licensee shall not be required to comply with any term declared invalid and shall comply with any requirements of the court M) Section 9(F), Severability, shall be deleted in its entirety and replaced with the following. With the exception of Sections 3(A)(9), 4(A)(1) and 5(E), if any other provision of this License Agreement is held by a court or by any federal or state agency to be invalid as conflicting with any federal or state law, rule or regulation now or hereafter in effect, or is held by the court or agency to be modified in any way in order to conform to the requirements of any law, rule or regulation, the conflicting provision shall be considered to be a separate, distinct and independent part of this License Agreement, and that holding shall not affect the validity and enforceability of any other provision of this License Agreement N) New Section 9(0), Contracting Services, shall read as follows Licensee represents and warrants that any license necessary to perform the work under this Agreement is current and valid Licensee understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Licensee agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code and keep such license current during the term of this Agreement Any activity by subcontractors within the corporate City limits, will invoke the same business tax regulations on any subcontractors, and Licensee ensures its subcontractors will obtain any required business tax license. All Contractors and subcontractors shall also provide proof of insurance for all right-of-way work as dictated by the Public Works Department Director SECTION II CONTINUATION OF PREVIOUSLY NEGOTIATED TERMS All other terms and provisions of the 1999 Agreement executed by the Parties and the 2004 Amendment executed by the Parties shall remain in full force and effect until the Agreement is terminated or is extended by mutual written agreement of the Parties, or has been subsequently been modified by agreement of both Parties Nothing herein shall be construed to relieve Licensee from any liability it may have under the 1999 Agreement or 2004 Amendment and City hereby reserves any and all rights it may have to fully enforce compliance for both known and unknown violations committed by Licensee 7 SECTION III LICENSEE ACKNOWLEDGMENT OF VALIDITY OF LICENSE Licensee acknowledges that it has had an opportunity to review the terms and conditions of this Eighth Amendment and that under current law Licensee believes that said terms and conditions are not unreasonable, arbitrary, and that Licensee has voluntarily entered into this License and that Licensee believes City has the power to make the terms and conditions contained in this License Licensee agrees that it will not, at any time, set up against City in any claim or proceeding, any condition or term of the this Eighth Amendment as unreasonable, arbitrary, void as of the Effective Date of this License or that City had no power or authority to make such term or condition All Recitals under this Eighth Amendment that purport to create or release obligations including any past claims are deemed to have legal effect and no party will assert to the contrary 8 IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. MEDIACOM ARIZONA, L L C, a Delaware limited liability company By. BRUCE GLUCKMAN Title Vice President, Legal & Regulatory Affairs CITY OF APACHE JUNCTION, an Arizona municipal corporation By JOHN S INSALACO Title Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J STERN City Attorney 9 STATE OF NEW YORK ) ) ss COUNTY OF ORANGE ) The foregoing was acknowledged before me this day of , 2010, by Bruce Gluckman on behalf of Mediacom Arizona, L.L.C, a Delaware limited liability company Notary Public My Commission Expires (seal) STATE OF ARIZONA ) ) ss COUNTY OF The foregoing was acknowledged before me this day of , 2010, by John S Insalaco, the Mayor of City of Apache Junction, Arizona, an Arizona municipal corporation, who acknowledged that he signed the foregoing instrument on behalf of City Notary Public My Commission Expires (seal) 10 ROLL CALL VOTE oV NOTES: IV" ITEM # MEETING F VW( MOTION BY SECONDED BY. YES NO ABSTAINED COUNCILMEMBER COLEMAN COUNCILMEMBER DIETZ COUNCILMEMBER SERDY COUNCILMEMBER BARKER , l COUNCILMEMBER WILSON VtC-EIVIAYOR CCK MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL 4 ORN /'\ oglik ITEM NO. 14 I MOVE APPROVAL BE GIVEN TO THE CABLE LICENSE AGREEMENT BETWEEN MEDIACOM AND THE CITY OF APACHE JUNCTION, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL AS TO FORM BY THE CITY ATTORNEY GO of A sacjunction „„ .- Home of the Superotion Mountains n, g Print TO: City Manager's Office FROM Kathy Connelly, City Clerk DATE. June 15, 2010 Agenda Type Regular Agenda Council Priority Focus Area• Required by Federal Law or State Statute TITLE OF AGENDA ITEM: RESOLUTION NO 10-23, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REQUESTING SURROUNDING CITIES AND TOWNS TO SHOW SUPPORT FOR THEIR RESIDENTS BY REJECTING THE PROPOSED UNTIMELY INCORPORATION OF SAN TAN VALLEY. ACTION REQUESTED Recommendation for Approval DISCUSSION I BACKGROUND INFORMATION. Requesting rejection of the proposed incorporation of San Tan Valley as being untimely due to the negative financial impact on other municipalities FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: Discussion and approval. ATTACHMENTS. Click to download Resolution No 10-23 o'N RESOLUTION NO. 10-23 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REQUESTING SURROUNDING CITIES AND TOWNS TO SHOW SUPPORT FOR THEIR RESIDENTS BY REJECTING THE PROPOSED UNTIMELY INCORPORATION OF SAN TAN VALLEY. "auk WHEREAS, the State of Arizona and its respective cities and towns are facing devastating revenue shortfalls due to an unprecedented recession: and WHEREAS, the unincorporated area of Pinal County known as San Tan Valley is seeking to incorporate within a specific geographic area; and WHEREAS, the incorporation of San Tan Valley will have a negative financial impact on existing municipalities by forcing a redistribution of already reduced state shared revenues; and WHEREAS, under Arizona Revised Statutes § 9-101 .01 (B) (1) , cities and towns within six miles of the proposed boundaries of a new municipality have been provided veto power over such incorporation; and WHEREAS, such statutory requirement was held constitutional by the 9th Circuit Court of Appeals in Green v. City of Tucson, 340 F.3d 891 (9u1 Cir. Ariz. 2003) (attempted Tortolita incorporation in the Tucson area) ; and WHEREAS, the statute set forth a legitimate state interest not emN only in regulating the formation of new municipalities, but also in protecting the interest of already existing municipalities; and WHEREAS, the very purpose of A.R S. § 9-101 01 is to protect cities and towns from problems that may flow from the existence of many separate governmental entities in a limited geographical area. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, as follows : 1 . That the municipalities located within six miles of the proposed San Tan Valley incorporation area, including but not RESOLUTION NO. 10-23 PAGE 1 or 2 - - - - - — - - - - - - - - - Amok limited to Coolidge, Florence, Queen Creek and Gilbert, vote "no" on the proposed incorporation request, based on the negative financial impact an their respective residents as shown on the attached Exhibits A-1 and A-2, "Urban State Shared Revenues FY 2010-2011 Estimated" , as prepared by the League of Arizona Cities and Towns . 2 . That the proponents promoting the incorporation of San Tan oak Valley be advised that, based on the state of the economy, and already depleted state shared revenues , their request to incorporate is untimely and is denied based on that reason. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2010 . SIGNED AND ATTESTED TO THIS DAY OF , 2010 JOHN S. INSALACO Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: (-) 74. oto RICHARD J STERN City Attorney RESOLUTION NO. 10-23 PAGE 2 OF 2 EXHIBIT 15-1 URBAN STATE SHARED REVENUES FY 2010-2011 ESTIMATES IMPACT OF SAN TAN VALLEY 9 CORPORATIOI i VLT HURF LTAF SALES INCOME TOTAL DIFFERENCE QUEEN CREEK $ 570;324.00 S 965,951 90 $ - $ 1,231,416.00 $ 1,597,380.00 S" 4,365 071 00 L $ 570,324.00 5 957,377.00 $ - $ 1.211,50100 $ 1,571,560,00 $ 4,310,770.00 ;$ ,54,301.00) APACHE JUNCTION $2,120,337.00 $ 2,835,80090 S - $ 2,555,009 00 S 3,315,630.09 $ 10,827,785.00< • 5 1,„„310,948.00 S 2,155,425.00I$ - $ 2,514-673.00,$ 3,262,05,,00 S 9243,097.00 $ (1,584,688,00) a_OOLIDGE $ 509,080.00 $ 680,860.00 $ $ 518,582 00 $ 796,063.00 $ 2,599 685.00 $ 314,75100 5 517,504.00, 5 • ;$ 603,758.00,3 703,199 00 $ 2,219,212,00 $ '380,473.00 ;FLORENCE S 1,277,679.00 $ 1,708,810.00 $ - $ 1,540,208:00 S '997,942 00 $ 6,524,639 0,1 1 S 789,955.00 S 1,298,822.00 $ $ 1 515,299.00 $ 1,965,655 00 ,$ 5,569,732 021$ 954,907.00)1 C,ASA GRA.NDE S 2,020,761 00 $ 2,702,633.00 1 5 - I$ 2 435 974.0t1'$ 3,159.921 $` 10,319,289.00 `S • • L $ 1,249,383,00 S 2-054,201 00,$ , 00$ 2,396,6,8 00 $ .1 106,859.00 S 6,809 021 00 r (1 510 25$00, • '-LOY , S 692,361.00 3 925,987.00 $ - `S 834 623.00,$ 1,082,665.00. $ 3,535,836.00 $ 428,068 00 '$ 703,819,00 $ - $ 821,125 00 I$ 1,065,169.00 , $ 3,018 181.00_5 `517 455.00} i SUPERIOt? $ 202,51200 '$ 270,846.00_ $ - $ 244,123.00 1 S 316,673.00 1 $ 1,034,154.00 $ 125208.00 S 205.863.00 5 - $ 240,175.00 I$ 311,556.00 s $ 882,802.00 5 1151,352.00 KEARNEY $ 139,966.00 $ 167,195.00 5 - I$ 168,725 00 $ 218,869.00 $ 714,755.00 $ 86,537.00 $ 142.282 00 $ . ,5 165,996 00: $ 215,332_00 $ 610,'47,00_5 •,11)4 608,0C) MAMMOTH $ 109,658.00 $ 146,660,00 $ - S 132,189 00 1$ 171 475 00 1$ 559,982,001 $ 67,l86.00 $ 111.472.00 $ - $ 130,051,00 J$ 168,704.00 1 S 478 025,00 $ s81;957.00;°1 MARICOPA $ 991,648.00 $` 1 326,263.00 $ 5 1,195.405,00'$ 1.,553).668.00 $ 5,053,984.00 S 613,109.00,5 1,008,058.00 $ $ 1 176.073;00 5 1,525,610 ,00_ $ 4.322.850 00 1$ 74.1 134 00) ) II EXHIBIT A-2 1VL1 4URF Sales income Total Difference 'Gilbert 6,168 979 $ 10,448,324 $ 13,319757- $ 17,278,256 $ 47, 45,316 $ 6,168,979 $ 10,355.588 $ 13.104.3454 $ 16,999,051 46,627,964 (587,35.2) Soak ROLL CALL VOTE NOTES tr. ITEM # ' MEETING OF f,‘) I d ° MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER DIETZ COUNCILMEMBER BARKER COUNCILMEMBER COLEMAN COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO 15 I MOVE THAT RESOLUTION NO 10-23, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REQUESTING SURROUNDING CITIES AND TOWNS TO SHOW SUPPORT FOR THEIR RESIDENTS BY REJECTING THE PROPOSED UNTIMELY INCORPORATION OF SAN TAN VALLEY, (BE APPROVED) OR(BE DENIED). ROLL CALL VOTE NOTES jV ( ITEM # 4.' MEETING OF 19 i 4.1...) MOTION BY. SECONDED BY: d `YES NO ABSTAINED COUNCILMEMBER SERDY V COUNCILMEMBER DIETZ l COUNCILMEMBER WILSON V COUNCILMEMBER COLEMAN COUNCILMEMBER BARKERII MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ' rh (1), 1 6 1 \ .1 ; AIN Aosik ITEM NO. 16-17 THE EXECUTIVE SESSION AND WORK SESSION HAVE BEEN CANCELLED FOR MONDAY,JULY 5, DUE TO THE INDEPENDENCE DAY HOLIDAY I MOVE THAT AN EXECUTIVE SESSION AT 5 45 P M AND A WORK SESSION AT 7.00 P M BE HELD ON TUESDAY, JULY 6, 2010, IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M. r ROLL CALL WS: I4 I ° REGO° SPEC: CITY COUNCIL P / A P / A P / A MAYOR INSALACO il 41ji / VICE MAYOR ECK ;lP p, ,V/ COUNCILMEMBER BARKER / ', "i COUNCILMEMBER COLEMAN / COUNCILMEMBER DIETZ I `✓ COUNCILMEMBER SERDY l / / COUNCILMEMBER WILSON V TOTAL lV I CITY STAFF: q\AVI t 0/ City Manager George Hoffman V v Assistant City Manager Bryant / / Powell V City Clerk Kathleen Connelly j/ I// City Attorney Joel Stern / Public Safety Director Jerald / Monahan �/ Ilk City Engineer Giao Pham Parks & Recreation Director / Jeff Bell �/ Finance Director Donna V Meinerts Public Works Director / David Fern / `/ _ Development Svcs Director / Brad Steinke ���/// Human Resources Director Liz Riley �/ Planning Manager Fred Baker V Economic DevelopmentI Director Steve Filipowicz I Assistant to the City Manager Matt Busby tql--/: / OTHERS: ' w ' ctivf,p311 t ' • ,Vcii4 ilpfit . ) ,. ,