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Home My WebLink About2010 08.03 City Council Regular Agenda PLEASE FILL OUT A"REO+ ST TO SPEAK" FORM IF YOU WISH TO ADDRT+GS THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING 1M 46 � C to of A c he 4junction IUz. Home ot !be Sut rV'tztwn Mountains APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION, ARIZONA 85219 REGULAR MEETING AGENDA August 3, 2010 700PM 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 July 6,2010 3• Approval of Minutes of Special Meeting of July 6,2010. 4. Consideration of second amendment to agreement for material and labor to lower and raise manholes and valves with Talis Construction Corp. On November 18,2008,Talis Construction Corp entered a written agreement to provide the city with labor and materials relating to lowering and raising manholes On June 29,2009,the term of the amendment was extended for an additional year and expired on June 30,2010. The Mayor and City Council was briefed on this contract renewal request at the July 6,2010 Council Meeting during New Business Approval of the amendment will retroactively approve the agreement from July 1, 2010 and extend the contract for an additional and final year through June 30,2011 5 Consideration of an agreement with Southwest Slurry Seal for the street maintenance slurry sealing of Old West Highway Staff respectfully requests City Council approval on the Southwest Slurry Seal agreement through Pinal County cooperative contracts #40194,#44003,and#44004 for the street maintenance slurry sealing of Old West Highway from Idaho Road to Goldfield Road/US 60 Highway for$215,944 00 with a 10%contingency of$21,594 00 for a total not to exceed the amount of$237,538 00 6 Consideration of a second amendment to an agreement with Southern Counties Oil Company for gasoline supplies. The city's gasoline supply contract with Southern Counties Oil Company allows renewal for two (2)additional one-year periods The Mayor and City Council was briefed on this contract renewal request at the July 6, 2010 Council Meeting during New Business Approval of the amendment will retroactively approve the agreement from July 1, 2010 and extend the contract for an additional year through June 30, 2011 7. Consideration of a second amendment to agreement wih Mesa Materials,Inc.for pre-coated chips. On March 17,2009,Mesa Materials entered a written agreement to provide pre-coated chips to the city On June 29,2009,the term of the amendment was extended for an additional year and expired on June 30,2010 The Mayor and City Council was briefed on this contract renewal request at the July 6,2010 Council Meeting during New Business Approval of the amendment will retroactively approve the agreement from July 1,2010 and extend the contract for an additional and final year through June 30,2011 8 Consideration of a second amendment to agreement with Mesa Materials,Inc for paving materials. On November 25,2008,Mesa Materials entered a written agreement to provide paving materials to the City On June 29,2009,the term of the amendment was extended for an additional year and expired on June 30,2010 The Mayor and City Council was briefed on this contract renewal request at the July 6,2010 regular council meeting during New Business Approval of the amendment will retroactively approve the agreement from July 1,2010 and extend the contract for an ellIN additional and final year through June 30,2011 9. Consideration of Resolution No 10-28,authorizing the City to enter into Intergovernmental Agreement 10.107-I with the Arizona Department of Transportation for Phase II of the Ironwood Drive Reconstruction Project(from 16th Avenue to Broadway Avenue),and authorizing and directing staff to take all steps necessary to carry out the purpose and intent of the resolution Through the American Recovery and Reinvestment Act(ARRA),the city is currently constructing a road improvement project on Ironwood Drive from U.S 60 to 16th Avenue(Phase I of the Project) Additional ARRA funds are available for construction of another segment of the project(from 16th Avenue to Broadway Avenue(Phase II of the Project)due to lower-than-estimated costs in other ARRA-funded regional construction projects Resolution No 10-28 authorizes the City to enter into Intergovernmental Agreement 10-107-I which allows for completion of Phase II of the Project using the unobligated funds 10. Consideration of Resolution No. 10-29,authorizing the City to enter into Intergovernmental Agreement 09-127-I, Amendment One,with the Arizona Department of Transportation to allow transfer of unused City matching funds from Ironwood Drive Reconstruction Project Phase I(from U.S.60 to 16th Avenue)to Phase II(from 16th Avenue to Broadway Avenue);and authorizing and directing staff to take all steps necessary to carry out the purpose and intent of the resolution. With the use of federal grant money pursuant to the American Recovery and Reinvestment Act of 2009(ARRA),the city began construction of a road improvement project on Ironwood Drive between U S 60 to 16th Avenue(Phase I of the Project) Due to lower than expected bids for the project,the city's matching funds in the amount of$265,000 00 are not needed and are available to help pay for portions of Phase II,which includes construction and design costs from 16th Avenue to Broadway Avenue segment Resolution No 10-29 allows the unused funds to be used in Phase ll of the project 11. Consideration of proposed Resolution No 10-31,authonzing the City to enter into an intergovernmental agreement with Arizona Department of Transportation for Highway Safety Improvement Program grant money Grants are available through the Arizona Department of Transportation Highway Safety Improvement Program (HSIP)to retrofit selected street signage along 16th Avenue, Delaware Drive and connecting side street intersections Resolution No 10-31 authorizes the city to enter into the intergovernmental agreement with the state for the HSIP funds in an amount not to exceed$44,850 00 12. Proposed Resolution No 10-25 authorizing the submission of a grant application to the Arizona Department of Transportation for Round 18 Transportation Equity Act for the 21st Century funding for enhancements to North Apache Trail. During the June 17,2010 Work Session,the city council selected the North Apache Trail(Apache Trail to Idaho Road)for submission as the city's local project for Round 18 funding Resolution 10-25 is a mandated part of that application and is consistent with the direction given to staff by the city council 13. Proposed Resolution No 10-26 authorizing the submission of a grant application to the Arizona Department of Transportation for Round 18 Transportation Equity Act for the 21st Century funding for enhancements to the intersection of State Route 88 and Old West Highway. During the June 1,2010 City Council meeting,the council selected the intersection of State Route 88(Idaho Road)and Old West Highway for submission as the city's project for Round 18 state funding Since that time,it has been determined that the project does not meet the state criterion Staff has therefore recommended that the project be submitted as a local project Applicants in local projects are responsible for a cash match and any cost overruns in the project Resolution Number 10-26 iiandated part of the application Resolution Nun"10-26 authorizes the submission of the project application as a local project, 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 14. PROCLAMATION DESIGNATING AUGUST 2010 AS DROWNING IMPACT AWARENESS MONTH. LaDon Dieu of Water Watchers at Phoenix Children's Hospital has requested a proclamation designating August 2010 as Drowning Impact Awareness Month A member of the fire district has been requested to attend to accept the proclamation 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 15. 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 16. PROPOSED ORDINANCE NO. 1366,AMENDING AND CORRECTING A SCRIVENOR'S ERROR IN ORDINANCE NO 1332 AS PASSED AND ADOPTED ON JANUARY 20,2009 PERTAINING TO APACHE JUNCTION CITY CODE,CHAPTER 4,FEES,ARTICLE 4-8,MUNICIPAL COURT FEE SCHEDULE, SUBSECTION 4-8(E),MUNICIPAL COURT ENHANCEMENT FUND, REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. Ordinance No 1332 was adopted on January 20,2009 as a means of updating and amending the Municipal Court Fee Schedule,to offset rising technology costs and to standardize the court's fee schedule with a bond schedule being adopted by county and state courts At the time Ordinance No 1332 was written, it was staff's intent to place the court enhancement fee on each charge rather than on each case as currently required under Ordinance No 1332 Ordinance No 1366 corrects this error and establishes that court enhancement fees shall be imposed on each charge 17 PROPOSED RESOLUTION NO. 10-27,APPROVING A MINOR GENERAL PLAN TEXT AMENDMENT Certain provisions of the 1999 City of Apache Junction General Plan regarding timing,scheduling,notice,and appeal requirements for major plan amendments are proposed to be amended and brought into compliance with state law through approval of Resolution No 10-27. The Planning and Zoning Commission unanimously recommended approval of this minor general plan amendment at their May 25, 2010, meeting 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 None K. COUNCIL DIRECTION TO STA-4I This item allows the Mayor and City Council to direct staff on specifically listed matters None L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 18 EXECUTIVE SESSION AT 5:45 P M AND WORK SESSION AT 7.00 P.M.FOR MONDAY,AUGUST 16,2010 19 EXECUTIVE SESSION AT 5 45 P.M.FOR TUESDAY,AUGUST 17,2010 OTHER MEETINGS IF NECESSARY. M CALL TO PUBLIC At this time the public has the privilege to address the Council with requests,communications,comments or suggestions relating to City business that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the City Clerk n" 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 seleui a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The Council may not answer questions of the speaker,discuss the matter with one another, but may,at the conclusion 1)respond to criticism by a speaker,2)ask the City Manager to review a matter,3) ask the City Manager to place the matter on a future agenda Each speaker must approach the podium,speak into the microphone,provide their name and address There is a three(3) minute time limit per speaker N ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through 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 JULY 6, 2010 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on July 6, 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 . 16 p.m. INVOCATION Councilmember Wilson gave the Invocation PLEDGE OF ALLEGIANCE Vice Mayor Eck led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Coleman (arrived 9: 00 p.m. ) Councilmember Dietz Councilmember Serdy Councilmember Wilson eS Staff Present: City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Public Works Director David Fern Development Svcs. Director Brad Steinke Planning Manager Fred Baker Economic Development Director Steve Filipowicz REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 1 OF 35 Others Present Senior Mechanic Keith Bedwell Library Manager Spencer Paden Business Advocate Janine Solley Program Coordinator Heather Patel Public Works Manager Shane Kiesow Assistant Planner Todd Kennedy ACCEPTANCE OF CONSENT AGENDA Vice Mayor Eck MOVED THAT /'S THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT EXTENSION BETWEEN THE APACHE JUNCTION CHAMBER OF COMMERCE AND THE CITY OF APACHE JUNCTION FOR VISITORS' CENTER OPERATIONS FROM JULY 1, 2010 TO SEPTEMBER 30, 2010 IN THE AMOUNT OF $9, 000, AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT THE RECEIPT OF THE ANNUAL REPORT OF THE APACHE JUNCTION PUBLIC LIBRARY BE ACKNOWLEDGED Councilmember Barker SECONDED THE MOTION VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Public Works Director David Fern gave a brief history on the career of Keith Bedwell and presented him with a 30-year pin, a ON certificate for 40 hours of leave, a cash bonus and a plaque commemorating his 30 years of service to the city. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy commented there are two committees that have worked behind the scenes, one is the focal point committee and the other is the tourism committee. They have recently been merged into one to develop the focal point area and work on tourism and making the medians more attractive. They are trying to get more businesses welcomed here. Tomorrow there will REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 2 OF 35 ON ON finally be some results . There have been trees lit up around the old Bashas' and up Phelps. One of the goals has been to start there and get all the trees lit up and gradually work its way out from there, similar to what you see in Tempe where you go by and see the bridge lit up It is very inviting. It makes you want to go to the restaurants . After tomorrow' s meeting they hope there will be instructions in the paper on how everyone can help with adopting a tree to light up. It will make our downtown much more enjoyable and welcoming. He encouraged everyone to look for it in the papers There was general discussion on what could be stated during this part of the agenda Councilmember Wilson commented he was involved with others in collecting contributions for the Fourth of July at the football field. He was informed they collected a little over $1, 700 that would be used for next year' s fireworks He thanked everyone who contributed to it A number of people came back to donate money to it. They gave huge complements to the display and what they saw They contributed additional dollars as well . He thanked everyone involved. Councilmember Barker stated they estimated between 7, 000 and 10, 000 people attended the Fourth of July Celebration to watch the fireworks display from the field, the stands and the area surrounding it. That is a tremendous amount of people She thanked the library for the terrific report they turned out. It is available to the public at the library It is beautifully done, telling everything the library does . Everyone needs to read it and see how many people have shown up there ON Mayor Insalaco commented the Fourth of July was very well done. He thanked the parks and recreation department. They had their stuff together He felt sorry that he dunked the police chief in the dunk tank, but he did it legally. He threw the ball and hit it; he did not go up and pop the thing. He got thoroughly soaked but he is still alive. Vice Mayor Eck commented he noticed this year more than ever the control of traffic by the police department Kudos to the chief and his staff because it seemed like before there was a presence of officers, but this year it seemed like they were REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 3 OF 35 /N e1 working it and they kept control of the traffic. He also thanked the public works department He was really impressed. CITY MANAGER' S REPORT City Manager George Hoffman thanked staff and the community for their work on the Fourth of July. On behalf of city employees, he expressed their thanks and gratitude for the 40 hours of time. It means a lot. PUBLIC HEARINGS ORDINANCE NO. 1364, AMENDING THE ZONING DISTRICT MAP IN RESPONSE TO A REQUEST TO REZONE FOUR ACRES FROM GR TO CR-5/PD FOR CONSTRUCTION OF A 43-UNIT SENIOR HOUSING FACILITY Assistant Planner Todd Kennedy briefed the council on the item Councilmember Barker stated he mentioned that there were four major areas that were being protested traffic, view shed, crime and property values She asked if he could quickly address those areas . Assistant Planner Todd Kennedy stated those were statements that were given and summarized in the protest petitions. The applicant has turned in a memo describing each one of those. Councilmember Barker stated emiS she just wanted the public to hear that The council has read it, but the public has not heard the reasons that the applicants gave and their justification. Assistant Planner Todd Kennedy asked if she wanted him to go through the memo Councilmember Barker asked him to do so rapidly REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 4 OF 35 Assistant Planner Todd Kennedy stated he needed to grab the memo. Councilmember Barker commented while he was looking for the memo that the applicant had said about the traffic that it was because of the age of the group of people who would reside there, that traffic would actually be less than it would be for another development of that sort She asked if that is correct. Assistant Planner Todd Kennedy stated what he has in front of the memo is just some extra information that the applicant turned in. He could refer that over to the applicant for further explanation. Councilmember Barker stated that would work. City Attorney Joel Stern stated the applicant should present her case immediately after Todd in done He does not know if he is done or if there are any other questions from the council for Todd. Vice Mayor Eck asked if he would go back to where he had it lined out with the yellow He asked how far they have to be from the yellow line to the red to be able to build He asked if it is 150 feet Councilmember Barker stated that is the distance for the people that will be affected by this and who would be able to protest . Vice Mayor Eck commented that is only for the send out of the notification He was looking at this and trying to find out how far away the building should actually be from the property line. Mayor Insalaco commented he thinks he is asking how far the building will be from the property line Assistant Planner Todd Kennedy stated it is a 50' side yard setback. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 5 OF 35 /^ Vice Mayor Eck stated he is just trying to capture one of those four that he put up on how they are going to affect the neighbors Mayor Insalaco commented the building is not going to be on the property line Councilmember Wilson asked why they could not move these buildings to be off of ValleyemN instead of off of the west side Assistant Planner Todd Kennedy stated he was confused by the question Councilmember Wilson asked if they could put it over to the right instead of where it is now Assistant Planner Todd Kennedy stated this could be a question for the applicant, but to the best of his knowledge it was to preserve the open space, leave an open feel to it, and keep it in line with existing development. The applicant could clarify it more. Vice Mayor Eck asked if this is age restricted. Assistant Planner Todd Kennedy stated it is It is for age 62 and over Mayor Insalaco commented there would not be many people driving He requested the applicant address the council. Ms. Stephanie Rowe, Reece- Angell-Rowe Architects, 4343 E. Avalon Drive, Phoenix, addressed the council. She stated the building is proposed to be located there because of a natural wash that comes through the southeastern portion of the site They are trying to maintain that . They have to for drainage purposes and they want to maintain it as an open, natural wash. The building will be kept off that area. The north/south leg of the building will provide shade for our exterior common area from the west sun. Regarding the traffic question, there are 43 apartments They are low REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 6 OF 35 income, elderly apartments Based on Christian Care' s 43 plus years of experience with this type of resident, only about 40% of the residents will have a vehicle when they move in and many of them will sell their vehicles off after that because of the services provided on site and bus trips to grocery stores and so on They do not need the vehicles as much. The visitor rate is approximately 10% on any given day, which would be 4 to 5 vehicles There is one staff member there each day Comparing it to another apartment building, it will have a very low traffic impact. They asked for a reduction in parking spaces . They have enough room on site for 57 spaces, but they would prefer to keep it in a naturally landscaped area rather than paved parking spaces that no one would be in. Regarding decreased property values, that is a difficult issue to address . Typically, any new construction and improvements aid an area, but it is hard to document that one way or the other. The potential increase in crime is another difficult issue They will say that they will have 43 very neighborhood block-oriented watchful residents there They are there and they pay attention. Christian Care' s other facilities are very clean, safe and orderly properties . They do not believe they will cause any crime factor. Being low income residents, they are certainly not a target to attract outside crime. Regarding the blocked mountain views, she had done a little sketch. It was taken from the actual geographic peak height, and it shows the location of their building and the locations of the residences that complained. The dashed line that travels out there is a sight line from one of the residences that filed a petition. It shows it going across the peak of their building and where it would impact on the mountains They would only block a very small width-wise portion of the mountains and do not take out the peak at all. She showed a drawing of the sightline with someone standing in the backyard. Councilmember Dietz asked if this would be available for any type of Section 8 housing Ms Stephanie Rowe stated it would not It is low income, elderly housing but it is not Section 8 Mayor Insalaco commented those are some of the rumors he had heard. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 7 OF 35 eS Vice Mayor Eck commented as far as he could tell, this is really built to protect the people on the north side, but maybe not as much on the west. The parking is on the west and the south He does not know if they are having shuttles come in, but all the individual parking is on the west and south. He does not see traffic being an issue for them. He does not feel there will be an issue with the view or crime as there are only 43 units with seniors No one will be able to walk through there without someone seeing somethingeimN He thinks it is unfortunate when you live in an area that has a nice open area next to you. When he came on 13 years ago, this was an issue. It did not make it past planning and zoning because there was too much chaos and too many complaints. Mayor Insalaco commented it was three stories then Vice Mayor Eck commented he was glad he did not have to come on the council and deal with such an issue. Now, 13 years later, it is coming back It has been vacant that whole time This is much more favorable They do have some property rights . They have a blank piece of property and have suggestions on doing it different ways. He thinks this is about as friendly to the neighbors as it can be with the way it is set up Councilmember Wilson commented he appreciated their information on the wash and he understands. He has walked the property and came back to the city to talk to them. He has a clear view of what they are proposing and the impact The only one that will be dramatically affected is the one house on the west side He elS stepped off from the church approximately 200' and took a picture. They will lose the south section of the Superstition view from their backyard. He cannot see an impact on the others across the street as far as the view shed. He was wondering about moving the whole thing further onto the east side It was a concern after talking to a neighbor there who had stated if it could be moved over so it would not dramatically affect her view she would not have any problems . That is what he wanted to express . He asked if they are all two stories. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 8 OF 35 Ms. Stephanie Rowe stated it is a single two-story building Councilmember Wilson stated he understands the total height of the building, including the peak, is 30' 4" . Ms Stephanie Rowe stated that is correct . Councilmember Wilson stated the current church height is 28' . That is why he used the distance off the church and the gymnasium to see what the impact would be He is torn on that as it is affecting the one view shed. He understands, but he wishes there were a way of working it out . Councilmember Barker commented one of the major things to think about is that if this property remains GR, it can have a 30' building there. It is perfectly legal They could have something crammed right up next to setbacks The setbacks are 20' or less in GR. It could be much more densely packed than this, this is very moderate in comparison to what GR would allow in this particular area That is something to keep in mind also Vice Mayor Eck commented that accessory buildings have a 3' setback. Mayor Insalaco commented something will go on this property someday if this one does not They might not have a chance to argue if it stays a GR. Right across the street the Superstition Mental Health building will be 3 stories high. Apache Junction has to learn how to grow up, and he is not talking about age They are not making any more land He asked if there were any more questions of the applicant As there were none, he opened the public hearing on the item Ms. Tammy Lechner, 1467 W. Greasewood, Apache Junction, addressed the council . She stated she opposes the new building. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 9 OF 35 Ms Mary DeHaan, 1929 W. Greasewood, Apache Junction, addressed the council . She stated her view is where they propose to put the building She has lived there 18 years They cannot produce traffic in their neighborhood; she cannot have a business in her home that produces traffic. The driveway for this building should be on Valley Drive, not her street There has already been crime at the church itself. People will be parking in front of their homes during visitor hours and during church hours . They stated they do not need that many parking spaces but she went to the 70th Street unit and took photos on Father' s Day The spaces were all full. She is 63, works, drives and will not be selling her car She does not understand why they think people will sell their cars . They are active seniors . This is not assisted living. A lot of people cut down Greasewood to avoid the traffic signal and they do not want it to become a speedway She thought they had 20. 5 percent protests, but she was advised this morning by Todd that one was being kicked out. Before the June 8 meeting, Raymond Laws, her neighbor, called and was told by Todd that he already had his petition When they went to the meeting, they were told it was not there She went to find out why there were not enough petitions and found out there are two Raymonds . Todd confused the last names and advised a petition was on file for Laws when it was on file for the other Raymond She contacted them, it was sent to her, they redid it, and she brought it back in on July 1 . She is now being told that it was too late The petition should be part of the protest as they were told that the Laws petition was in their office when it was not. Ms. Faye Eachus-Rears, 1326 W. Greasewood, Apache Junction, addressed the council. She PIS lives directly across from the proposed senior facility. Her biggest objection is that the gourd area shown on the map is a wash area but the other part is not. They walk it all the time. The water designated for a retention area is the wash. She believes the design is for shade for the residents It would be better for them to have all the entrances and building on Valley. The original plan she was shown showed the Greasewood entrances being for ambulances, utility and delivery vehicles All other vehicles are to use Valley. She also objected to the aesthetics of the neighborhood Her father was going to build a beautiful home in the back and have horses . They have been REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 10 OF 35 OIN discussing the improvements with Todd That is all up in the air now. She would like to see the "L" flipped if this has to be done Historically, a lot of their facilities change from senior housing to assisted living. They are restricted by HUD for 5 years . A gentleman at a church meeting stated it is basicallyyes and no A facilitythat he manages right now has g g met the 5 year time and they are currently planning to move to assisted living. They just acquire property and grow This property is in the middle of a residential neighborhood It is a quiet neighborhood Mr. Michael Weller, 471 W. 21st Avenue, Apache Junction, addressed the council He gave the council a print out on favored destinations by a travel company About halfway down it says the most painted and photographed landmark in Arizona after the Grand Canyon are the Superstition Mountains We are proposing to block it. We bury utilities yet allow multi-story buildings It is horse property and horses and high-rises do not work The people want to see the Superstitions The city needs development but make it a single story building Ms. Mary Grammater, 1278 W Greasewood, Apache Junction, addressed the council. She stated she and her husband could not file a petition due to the properties surrounding them and the location of her driveway. On Sundays in the wintertime they have people attending church parking on both sides of Valley. She asked if they are going to require the people moving in to give up their cars . She and her husband get $900 a month on disability. She is 57, he is 42. She asked if he would be blocked from moving in if she could at 62 . They do not state if the apartments are single or double; 86 people could be living there. Not everyone will give up their vehicles and they have no buses out here or a reliable taxi service. They could not be independent if they gave up their vehicles . They seem to feel these people would not have visitors They have parking issues They are saying that a study in 2004 showed that a traffic signal was not needed at Valley and Superstition It will impact the neighborhood She has 5 dogs and has a kennel license Her dogs will bark She knows the police will be called for barking complaints She commented there have been criminal acts in the neighborhood that have not been in the papers, and she has had some dogs poisoned. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 11 OF 35 ems I^ She asked them to either make it a one story building or put in on Valley. Mr John Kantowski, 835 W Windsong, Apache Junction, addressed the council . He stated he feels like this is a big jump to go from GR to C-5/PD He does not live in this area but does live in a horse property area Tepee is the dividing line between low and medium density If everything is changed in the medium density, they need to put a stop somewhere. He asked why this has been vacant for 13 years . He does not want a two-story building here The general plan calls for low to medium density with R-143 on the other side of Lost Dutchman There are a lot of red shirts here, but none of these people live within 1, 000 feet of this subdivision The weight of the decision should go with the homeowners that have dissented He is trying to protect the horse properties . Mr. Charles Aulston, 1368 W Greasewood, Apache Junction, addressed the council He stated he could not understand why they said these people would be too old to drive. He is 75 and still drives His neighbor is 93 and still drives It will not work out like these people say it will It will be very busy on the weekends . He does not know why these people would even think of building this in their quiet neighborhood. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council. He stated he had been watching the debate on the general plan for 18 years The north side is for horse people. He is for this project The problem is they keep amending the general plan to fit what comes along. People expect something and they get something different. He thinks this will bring some jobs and revenue. They will continue to have problems if they deny splitting lots yet allow a 43-unit project like this go in on the north side of town Ms Patricia Bybee, 1431 W Greasewood, Apache Junction, addressed the council She is the one directly affected by this She has no problems with developing the lot but she does not want the hind end of the building right in her face No one has mentioned the dark sky ordinance and it will be lit up all the time. She is not happy REGULAR MEETI NG OF THE CITY COUNCIL JULY 6, 2010 PAGE 12 OF 35 with fire trucks and ambulances coming in right next to their houses. All they would have to do is flip it around and most of them would be fine with it. Mr. Bryan Kover, 2985 W. Whitely, Apache Junction, addressed the council He spoke with people in charge of the project for the church. There will be security cameras which will be monitored 24 hours a day. Crime should not be an issue. If it stays rural, the building height /, could be higher and the easements could be less, encroaching on their view and making a bigger impact The town needs development We need to be more open to development and the town needs more jobs Mr Steve Grammater, 1278 W. Greasewood, Apache Junction, addressed the council He stated there is a private drive straight across that cannot be seen on the map. It is owned by the man behind him, and he has seen him go down and tell people to park somewhere else, especially in the winter. The parking gets bad. There are not enough parking spaces, and he would like to see it turned around. Mayor Insalaco closed the public hearing with no one else wishing to speak He reopened the item to council discussion Councilmember Barker commented she was concerned about the ambulances going in on Greasewood. She did not realize it. Either she did not read her packet well or it went right over her head. It would be a real problem for her. She has lived in this area for 40 years and lived in an area that had miles of open desert at the end of eIN her block She remembers when it was built over with houses They all thought there would be traffic, but that did not come to be That part does not concern her as much. She is concerned about the ambulances, emergency vehicles and supply vehicles going down a neighborhood street to access this property. She thinks it is a very poor plan. Vice Mayor Eck commented he does hear the concerns He was not fully aware of just how many people in this small of an area had this many concerns. Part of him is saying they own the property and have a right to develop REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 13 OF 35 O it. He believes in property rights. As far as the zoning, it actually fits the zoning as it is south of Tepee He looks at the lot and wonders if there is a different building location that could be used. Everything is pushed to the west side . That seems to be the main concern The views are legitimate as the views will be cut off for people living to the west. There will be a little bit more problem with traffic. He wished they would look at all means of being friendly neighbors and see if they cannot manipulate it to a different configuration in order to not affect the views of the current neighbors . He thinks it needs to go as far east as possible. Councilmember Serdy commented the city definitely needs the jobs. The whole area is shrinking and they do not need to lose this development If he lived in those houses, he would want it on the east side as well He does not know how encumbering it would be to move it. They need this and it would bring a lot of good Councilmember Barker asked if there was any way to work on a reconfiguration of this City Attorney Joel Stern stated this is a planned development The applicant is asking for numerous things that they normally would not be locked into They can ask, have the applicant come back up and ask her, or bring it back. Usually these things cost money to design and they have spent some sums of money to design the current plat map. It is a council decision. They are asking for things that are beyond the general zoning. He thinks they could. Mayor Insalaco commented he bought a home here and had a beautiful view of the Superstition Mountains The city water department put up a 3, 000, 000 gallon water tank right in front of the house It took away the view of the mountains, but all he had to do was walk around the building and he saw the Superstitions . There were two 20-acre vacant lots across the street where he used to walk his dogs They took away his dogs' play yard by putting homes there The idea is that he moved there now, and no one else should move here It seems like every development they get, that is what they get from people. They do not want to see anyone else move in or the land be developed This is a feeling he is getting REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 14 OF 35 ON It does not matter what is brought to this property. The people are not going to be happy. If they sold it as GR, someone could put up a big metal building for storage right at the property line. These are problems they have to solve They do have feelings for people, but they also have to have feelings for the entire community He asked the applicant to come forward to see if there was anything they could do to help out the neighbors. Ms Stephanie Rowe asked what ON the question is Mayor Insalaco and Councilmember Barker commented the thing that most bothers them is the driveway for the ambulances and things Ms . Stephanie Rowe commented she 3s not sure where they got the idea that the ambulances were designated for Greasewood She does not believe that is on the plan. The point of the address being put on Valley Drive was to make Valley the main access Typically, an ambulance comes to the address drive. Councilmember Dietz commented he looked through this and could not find anything saying the Greasewood access was for ambulances . Councilmember Barker commented that she did not miss it. Ms . Stephanie Rowe stated she does not believe it is in there She is not sure what document that came from ON Councilmember Barker commented there was a valid question brought up by one of the people that came up regarding the lighting, especially in the parking lot areas to the north side. She asked what kind of lighting they are planning on putting in there Ms Stephanie Rowe stated they will comply with the dark sky ordinance All the fixtures will be shielded and down-directed They will meet the city standards for maximum foot candles at the property lines. All REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 15 OF 35 of those conditions will be met. They have no need for the building to be lit up other than basic security in the parking lot for people to see their way from the parking lot to the building. They will not be trying to achieve anything more than basic safety lighting in the parking area. Vice Mayor Eck commented there are so many different ways they could have laid this out He asked if there was any way to take into consideration the ten existing neighbors . It is no fun to put in a development and already have a dozen upset neighbors. Ms . Stephanie Rowe commented there are many ways to design any site They could have looked at moving it around, but she does not know what that does to the planned development conditions . She asked if staff could stipulate compliance with this site plan as modified per staff review of trying to shift further away from the west property line. Assistant Planner Todd Kennedy stated that is something they could work on with one of the conditions of approval . It must be like a certain distance The original presentation was 50' but they could probably increase that, moving it further to the east . However, the wash would need to be mitigated in the plan review process They need to meet engineering requirements City Attorney Joel Stern commented the basic core question is if this can be reconfigured so that everybody is happy. The answer to that is no. However, to satisfy the basic objections of the view shed, the closer to emN the east the better it would help out There might be some wash issues He has not been on the property so he is not aware of it . There may be some water flow issues . They may ask for additional things under the planned development if they have to move things around. They would have to get those if they have moved something. That could come back and he does not think they would have to re-advertise or republish anything. Vice Mayor Eck commented he is just asking if they would give it a shot and try to work out a compromise REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 16 OF 35 ON ON City Attorney Joel Stern stated they could try to work things out and continue the matter The manager had asked if this could be done tonight He does not believe so as they would have to see the site plan. It has to come back. Ms Stephanie Rowe stated they are willing to work with that She would like to keep the "L" orientation, but she is willing to move it over ON Mayor Insalaco commented he walked the property, too, and the wash does not seem that big. Councilmember Barker stated it still creates a problem She can understand that She would like to see if this could be shifted If bringing it back would not cost the applicant more, meaning their having to pay another fee to come back before in a public hearing, she would prefer to bring it back. City Attorney Joel Stern stated it would not cost them any more as they would be continuing it Ms Stephanie Rowe stated they would have to pay for the redesign Councilmember Barker stated that is true City Attorney Joel Stern ON have there would have to be another public hearing that would have to be continued to a date certain That might not be the hearing that solves the problem There might be another hearing Hopefully that is not the case, but it could happen. Councilmember Serdy asked what the groundbreaking date would be if this is passed tonight Ms . Stephanie Rowe stated that is undetermined They are still pending getting the grant for the project REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 17 OF 35 Councilmember Serdy commented we have approved a project like this before off of Ironwood and it never happened He asked if this would happen if it gets approved and they have the funding He would hate to waste all this time. Ms Stephanie Rowe stated if the funding comes through the project will happen. Councilmember Serdy stated they do not have a date Ms . Stephanie Rowe stated they do not have a guarantee on the funding yet Councilmember Serdy asked if it could be by the end of the year or in a year. Ms . Stephanie Rowe stated it is a government grant. It was supposed to be awarded in February; they delayed it to April, and have now delayed to August. They do not know if this proposal will get the grant or not . Councilmember Dietz commented it sounds like government work to him Councilmember Serdy asked what their estimate would be on what it would cost them to postpone it . He asked if it would be enough to kill the project. He would not want to vote to do anything to kill this project. He asked what it would cost if this had to be redrawn. Ms Stephanie Rowe stated it would probably be in the area of $2, 000. It is money the nonprofit agency would have to come up with up front . The design fees are separate from the grant Councilmember Serdy commented Quail Creek is 2 stories, and the church is 2 stories The Grand Hotel was 2 stories . He thinks people get used to the 2 stories . There are lots of views of the mountains. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 18 OF 35 ON ON Vice Mayor Eck commented they approved one next to it and it never happened. Mayor Insalaco commented a lot of things have not happened because of the economy Councilmember Barker commented she believes there is a misconception somewhere about north. Comments made from earlier councils and the current ON council deal with the northeast area as being kept as open as possible North itself was never designated as far as she was aware. She could be wrong. Superstition has got the shopping center, the nursery, the church, et cetera along there This has become a commercial area, for the most part, down through there. This does fit in with what has been happening along Superstition in that area. Her major concern was the ambulance thing That really bothered her. It seems to her that if traffic becomes a concern, they can go to their public works later and talk about it City Attorney Joel Stern stated there is that concern that Councilmember Barker brought up. There are some time elements that staff would have to review There would be some time issue there He does not know who on staff would want to address how long it would take if this were to be redesigned Planning Manager Fred Baker stated part of the answer is how quick the applicant could turn the design around. We have cancelled the other July meeting They would be looking at August for the earliest ON Ms . Stephanie Rowe stated it would not be hard to do if they keep the orientation of the building and just slide it further away from the west property line They could come back for the next scheduled meeting. Or they can stipulate a distance for them to move it over. Planning Manager Fred Baker stated they could add a condition for it to be moved another 50' from the west property line REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 19 OF 35 OIN Mayor Insalaco commented 50' is an awful lot . Councilmember Barker stated they are 50' now. Planning Manager Fred Baker stated they could just move it an additional 50' and allow staff to approve that particular site plan with that condition eIS Ms Stephanie Rowe stated they would be agreeable to that stipulation There was general discussion regarding amending the motion so that this could be done at this meeting It was determined that they could. Planning Manager Fred Baker stated the applicant is willing to do that The applicant would identify the additional 50' as additional landscape buffer, the parking adjacent to the building would move, and the access points on Greasewood and Valley would not move. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO. 1364 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED Councilmember Dietz SECONDED THE MOTION VOTE Unanimous The motion carried City Clerk Kathleen Connelly read the ordinance by title only Councilmember Barker MOVED THAT ORDINANCE NO 1364, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT. THAT AN ADDITIONAL 50 REGULAR MEETING OF THE CITY COUNCIL • JULY 6, 2010 PAGE 20 OF 35 FOOT SETBACK BE ADDED TO THE WEST SIDE OF THE PROPERTY FOR A TOTAL OF 100 FOOT SETBACK. Vice Mayor Eck SECONDED THE MOTION VOTE 5-1 (Councilmember Wilson voted in opposition ) The motion carried. Mayor Insalaco called for a ten minute break. Mayor Insalaco reconvened the meeting OLD BUSINESS DOWNTOWN REDEVELOPMENT AND IMPLEMENTATION STRATEGY Business Advocate Janine Solley briefed the council on the item. Mr. Ed Gawf of G and G Consulting provided a project status update on the goals and strategies that included the key steps necessary to create a successful downtown, the action plan, the vision, the organizing principles, unique identify, development zones, suburban zones, transition zones, the Apache Trail median, landscaping Idaho Road, economic vitality, the downtown core, architecture, accessibility, infrastructure, preservation of mountain views, variety of event locations, sustainability and elimination of blight They should have the full package to the council at the end of August Vice Mayor Eck commented he has heard through the years that Apache Junction does not know what it wants downtown They bring in one type of business and the city does not want that. He asked if they would have a grid of types of businesses or will they be open to whatever might come to the city REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 21 OF 35 emN e Mr. Ed Gawf stated each zone will have its own set of design guidelines that are unique to that particular zone Visually they will be slightly different . They will go through and make recommendations . They will make recommendations on some uses that should be there and those that should not be there. It is harder to take away uses now with Proposition 207, but they can identify those for them. He believes that the market place works pretty well The market place should dictate where those uses will be and the council will control it through design and bulk requirements . eN Vice Mayor Eck commented that is fine with him He thinks you have to keep your mind open. Mr Ed Gawf agreed. The market is more sophisticated than any planner can be, and maybe even any city council Mayor Insalaco closed the item with no further discussion and moved to the next item POTENTIAL PROJECTS FOR THE SUBMISSION OF A FISCAL YEAR 2010 STATE SPECIAL PROJECT APPLICATION ) Program Coordinator Heather Patel briefed the council on the item. Councilmember Barker asked if there is another type of grant that would cover the Community Alliance Against Family Abuse improvements. She asked if the city has gone after grants in the past that were for improvements in low income areas . Program Coordinator Heather Patel stated she does not know what grants were applied for previous to her working for the city that were for nonprofits. Councilmember Barker stated nonprofit is the thing that makes it sticky for a low income grant Program Coordinator Heather Patel stated nonprofits can apply for their own grants . The Community Development Block Grant and the State Special Project REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 22 OF 35 Program are specifically to low income or limited clientele populations. Women with children are the focus population that falls under the State Special Projects purview That is why it is an eligible activity. Vice Mayor Eck commented when he was first on the council there were some grants that were for low income. 011%_ Councilmember Barker commented she does not remember what they were for but she does recall them going through. She asked if Community Alliance Against Family Abuse has investigated going for a grant themselves She is curious as she understands what they are asking for but wonders why they have not gone out for a grant to get this done. Program Coordinator Heather Patel stated she believes they have looked at other options but the Community Development Block Grant program is a very popular funding source for nonprofits to do this sort of thing That is why they are looking at us Mayor Insalaco closed the discussion with no further comments and moved on to the next item. NEW BUSINESS RESOLUTION NO. 10-12, AUTHORIZING THE SUBMISSION OF AN ARIZONA OIN DEPARTMENT OF COMMERCE ARIZONA BIOFUELS CONVERSION GRANT APPLICATION AND COMMITTING LOCAL FUNDS AS LEVERAGE Program Coordinator Heather Patel briefed the council on the item. Vice Mayor Eck commented he never heard of E85 Public Works Manager Shane Kiesow stated it is 85% ethanol and 15% gasoline. It is a blend REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 23 OF 35 that 2008 and newer vehicles can operate on. A lot of the police patrol cars can run on it and it runs a lot cleaner than gasoline. Councilmember Serdy asked where they would buy it Public Works Manager Shane Kiesow stated it is available at the Phoenix rack, which is where a lot of the wholesale gasoline in the valley goes. It is available and the price is fairly comparable to regular gasoline It fluctuates a little bit so we might pay a couple cents more or less depending on the time of year Councilmember Serdy asked if it was made out of corn or bean. Public Works Manager Shane Kiesow stated he thought it would be both. Ethanol is made out of soy bean as well as corn, along with other products . Councilmember Wilson asked if they are deactivating the underground storage tanks Public Works Manager Shane Kiesow stated that is correct The life span usually for underground tanks is 20 years; we are beyond that. The standard is to replace underground tanks at the 20 year mark. The suppliers of our underground tanks do not warrant it any longer The city carries insurance for the tanks. However, it is not good practice for a leak to begin and then depend on the insurance. It would be our deductible to repair it. 0.1 Councilmember Wilson asked if we had just done recovery for them as well. Public Works Manager Shane Kiesow stated the pumps . The dispensers will not change. The tanks will change The scope of work will include abandonment of the underground tanks, making the underground disconnection, and stabilizing the underground tanks. Arizona Department of Environmental Quality has strict rules on how to clean the underground tanks and fill them up with foam It makes them REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 24 OF 35 very neutral and they can be left underground. The above ground tanks will allow them to get around Arizona Department of Environmental Quality and Environmental Protection Agency testing We currently have to do it annually for the underground tanks to make sure they are not leaking. Councilmember Wilson commented the biggest problem with above ground tanks is the ^ sun He asked if they would have to put up a shade to cover them. Public Works Manager Shane Kiesow stated they would not The walls of the tank are real thick They will handle high velocity rifle shots up to and beyond 50 caliber. With the thickness of the walls, it will be a marginal influence to the fuel inside The school district has above ground tanks that they have had for several years There is no canopy over them and it has not been an issue Vice Mayor Eck asked if he knows anyone running on E85 and if he had compared it with any other town or city. Public Works Manager Shane Kiesow stated he has not inquired on E85 but Mesa has experience with CNG and Tempe used propane Vice Mayor Eck commented the officers would have to flip off the CNG to do a chase It did not work out . Public Works Manager Shane Kiesow stated E85 has no performance impact However, there is a small decrease in miles per gallon. There was a definite issue with CNG when it came to patrol cars . Vice Mayor Eck asked if they would get credit through the government for running on this cleaner fuel to make up for some of these expenses Obviously they have the grant. Public Works Manager Shane Kiesow stated that might be the first credit. He is not aware REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 25 OF 35 /1 of any grants for maintaining the operation. Past councils have wanted to know what they could do to increase the use of alternate fuel . This is one of the options that is immediately before us Councilmember Wilson asked if there is a state requirement that they will have to have so many vehicles for the air We are looking at the possibility of doing another PM10 He asked if this would help the city at all in the upcoming assessment. Public Works Manager Shane Kiesow stated it definitely would There are changes in the PM10 . Moving towards alternate fuel will help with that Also, those at a population of 50, 000 or more have other air quality statutes that will actually kick in. One of them has to do with alternate fuel . This is a step in that direction as we get closer to our population of 50, 000 Councilmember Barker asked if this fuel will be for all of our vehicles, and how many vehicles do we have that will not meet that . Public Works Manager Shane Kiesow stated we have a lot that do not. We only have 6 or so that are actually 2008 or newer But, all the newer patrol cars, cars and trucks they are purchasing will be 2008 or newer The volume of use of E85 will grow as we move into the future These tanks are compartmentalized. We currently have two below ground tanks that have one compartment each, one has diesel and one has gasoline. These above ground tanks will have two compartments in them, so they can still run gasoline out of one compartment and E85 out of the other. Mayor Insalaco closed the discussion with no further comments and called for a motion Vice Mayor Eck MOVED THAT RESOLUTION NO 10-12, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE ARIZONA DEPARTMENT OF COMMERCE FOR THE ARIZONA BIOFUELS CONVERSION GRANT PROGRAM AND COMMITTING LOCAL FUNDS AS LEVERAGE, BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 26 OF 35 1^ Councilmember Dietz SECONDED THE MOTION. VOTE Unanimous The motion carried. REQUESTED DEVELOPMENT FEE APPEAL eN FROM COLLEEN RYAN _ ) Development Services Director Brad Steinke briefed the council on the item Mayor Insalaco asked if it was a mobile home or a house that was removed from the property Development Services Director Brad Steinke stated he thought it was a traditional stick built, but he does not know for sure Councilmember Barker asked when it was built Development Services Director Brad Steinke stated it was built before 1985 . Councilmember Wilson commented he thought they discussed after the last one that they were going to bring forward a change on the rule on that He asked for a status update on that change. Development Services Director /11 Brad Steinke stated in the 2010-11 work program they have identified an update to the development fee ordinance. It would be included in that. He thinks he has that for the second quarter of the fiscal year Vice Mayor Eck commented he was going to ask George if they could put that on and discuss it He knows of another situation where a mobile home was a 1961 on Delaware but because they tore it down and it has been over 12 months, they have a $10, 000 in development fees It needed to be condemned It was better off being a bare lot They just put it up for sale With the economy, it did not REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 27 OF 35 OPIS sell The man is just pulling his hair out. The 1961 trailer would not have sold It was an eyesore and a safety hazard. There are a few exceptions they need to look at for the development fees, regarding the 12 months where there was a prior unit He would like to discuss it . If they are going to wait until the second quarter, if that is what is planned, then that is fine He would really like to get it on the agenda Development Services Director Brad Steinke stated he agreed. He commented to not quote him on the second quarter, but he believes the work program is coming before them soon and they can adjust it and put it in the first quarter Mayor Insalaco closed the discussion with no further comments and moved on to the next item RATIFICATION OF THE PURCHASE OF COMPUTER SERVERS FROM DELL L P. Public Safety Director Jerald Monahan briefed the council on the item Councilmember Serdy commented it would be good to know that if all the computers did crash that the police department would survive He thinks a lot of them have been in retail stores when the cash register crashes and they do not know how to do business. He asked how they would handle things in case all the computers went down in an emergency. He asked if they would still be able to communicate and hoped they were not reliant on the system. Public Safety Director Jerald Monahan stated we do have a system of uninterrupted power supplies that should create a failsafe That is with servers with current upgrades and maintained by our contract companies . We should be able to withstand any kind of crash. We need the upgrades to maintain that Councilmember Coleman commented he has not read or heard a lot of good things about Dell recently. He asked if they are the only choice or if they are the recommendation of the IT people REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 28 OF 35 Public Safety Director Jerald Monahan stated that is the company the city has a contract with, and that is why they are the one of choice. Councilmember Dietz commented he brought some articles in and gave them to Kathy There are a lot of problems and lawsuits against Dell He asked if they have a contract where they have to purchase Dell . City Clerk Kathleen Connelly stated she does not believe she has ever seen one The city attorney is saying the same thing Councilmember Dietz commented if that is the case, he would wish to review that contract . If one or all of these new computers went down, they would be in the same boat He would hate for that to happen with so many problems that are out there with Dell. He thinks a little more history needs to be made. These are already purchased and there is nothing they can do about it; they are obviously going through with it But he thinks in the future they really need to look at that to see what options are available Public Safety Director Jerald Monahan stated it was the police department IT staff that waived the red flag. Because of the amount of the purchase and the concerns over technology in general, they asked the city' s IT director, Earl Simmers, to review what his staff was doing and confirm the need The decision to go with Dell he believes was based on a city decision He was told by his staff that we had a contract but it certainly appears that we have used Dell exclusively in the past at all levels within the city. Councilmember Dietz commented that is fine He just thinks they need to research a little bit more before we put out another large amount. City Clerk Kathleen Connelly stated she does not believe Dell has any exclusive contract with us She has not seen one City Attorney Joel Stern commented he had not seen that contract REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 29 OF 35 eS Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Coleman MOVED THAT THE PURCHASE OF COMPUTER SERVERS AND RELATED SOFTWARE FOR THE POLICE DEPARTMENT FROM DELL L P IN AN AMOUNT NOT TO EXCEED $108, 000 BE RATIFIED Councilmember Dietz SECONDED THE MOTION. VOTE: Unanimous The motion carried. SECOND AMENDMENT TO AGREEMENT FOR MATERIAL AND LABOR TO LOWER AND RAISE MANHOLES AND VALVES WITH TALIS CONSTRUCTION/SECOND AMENDMENT TO AGREEMENT FOR PAVING MATERIALS WITH MESA MATERIALS, INC /SECOND AMENDMENT TO AGREEMENT FOR PRE-COATED CHIPS WITH MESA MATERIALS, INC /EXTENSION OF CONTRACT PW 2009-09 BULK FUEL Public Works Manager Shane Kiesow briefed the council on the items Vice Mayor Eck asked if they would be doing the manholes with Citywide again. Public Works Manager Shane Kiesow stated that is correct . Vice Mayor Eck commented they do a good job. Mayor Insalaco closed the items with no further discussion and moved on to the next item PW 2010-02 JANITORIAL SERVICES AWARD OF BID TO GCA SERVICES GROUP INC REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 30 OF 35 /I Public Works Manager Shane Kiesow briefed the council on the item. Vice Mayor Eck asked if they had been paying $117, 000 with the other group. Public Works Manager Shane Kiesow stated we were actually paying them $187, 000 or closer to $190, 000 Our savings will be between $60, 000 and $70, 000. Vice Mayor Eck asked who that had been with Public Works Manager Shane Kiesow stated it had been with ABM. Vice Mayor Eck commented GCA can do it for that much less Public Works Manager Shane Kiesow stated they did check out their references GCA services the Phoenix convention center. The convention center has many of the same type of offices and meeting rooms They also do Sky Harbor which has a large volume of people characteristic to the large volume of people we get at the library and multi-gen center They are used to servicing high volume buildings Councilmember Serdy commented these companies are notorious for having undocumented workers. He asked how we could have assurance that there would not be any. He believed the City of Mesa actually had their offices cleaned by some Vice Mayor Eck commented they found two people in the entire staff. Councilmember Serdy commented one would be too many He asked how we would have assurances that they would be. Public Works Manager Shane Kiesow stated we do have assurance built in through our bid, as well as our agreement that we would move forward with. Those REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 31 OF 35 assurances include a screening that covers a criminal background check for their staff, a background check for employment eligibility, and a motor vehicle background check as they will be driving on our campus from building to building. They will have a 10 panel drug screen as well That is the full gamut of screens that we have required in our contract documents Their proposal that they submitted back to us for review verifies that that is what they will do for screening their staff that works at our campus and our facility ^ Councilmember Dietz asked if this is quite a bit cheaper than if we did this in house. Public Works Manager Shane Kiesow stated he thinks it would be cheaper because of the impact on morale on staff. They might have the public works manager, the public works director and city manager cleaning bathrooms which might be an issue to some to pay these people to do that He would say yes City Manager George Hoffman stated he understood the question slightly differently He wanted to know if we could competitively do it in house if we were to go out and augment our janitorial staff and buy our supplies Councilmember Dietz commented which we did at one time. Public Works Manager Shane Kiesow stated when they did the initial bid 5 years ago it was competitively cheaper than what we could do in house. He thinks with the prices he is seeing this time, they could not beat it for the amount of staff the city would have to hire to do it in house Councilmember Coleman asked if this covers all of our buildings Public Works Manager Shane Kiesow stated it does not cover some of the parks buildings such as the buildings at Prospector Park and the pool It does not cover public safety. There is an in house janitorial person REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 32 OF 35 there However, our janitorial staff fills in when she is on vacation or is sick. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE AWARD OF BID FOR PROJECT PW 2010-02, JANITORIAL SERVICES, BE AWARDED TO GCA SERVICES, INC IN AN AMOUNT NOT TO EXCEED $117, 320 . 10; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY Councilmember Wilson SECONDED THE MOTION. VOTE Unanimous The motion carried DISCUSSION ON RESOLUTION NO. 10-27, APPROVING A MINOR GENERAL PLAN TEXT AMENDMENT Development Services Director Brad Steinke briefed the council on the item Mayor Insalaco closed the discussion with no comments and moved on to the next item. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz commented the executive session and work session have been canceled for Monday, July 19, 2010 and the executive session and regular meeting have been canceled for Tuesday, July 20, 2010. He MOVED THAT AN EXECUTIVE SESSION AT 5. 45 P M AND A WORK SESSION AT 7 00 P M BE HELD ON TUESDAY, AUGUST 2, 2010, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY, REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 33 OF 35 "BIN oomN AND THAT AN EXECUTIVE SESSION AT 5. 45 P M BE HELD ON TUESDAY, AUGUST 3, 2010, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE Unanimous The motion carried. eS CALL TO THE PUBLIC Mr Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding the resolution on the San Tan Valley incorporation and a councilmember making alleged comments to volunteers working on his recall petitions ADJOURNMENT Mayor Insalaco adjourned the meeting at 10 10 p m Consent Agenda Items are as follows : 1 Acceptance of Agenda. 2 Approval of Minutes of Regular Meeting of June 15, 2010 3 Consideration of approval of a Professional Services Agreement Extension with the Apache Junction Chamber of Commerce in an amount not to exceed $9, 000 . 00 . • 4 Acknowledge receipt of the Annual Report of the Apache Junction Public Library ea*ACCEPTED THIS 3RD DAY OF AUGUST, 2010, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA SIGNED AND ATTESTED TO THIS 3RD DAY OF AUGUST, 2010 . JOHN S INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 34 OF 35 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 6th day of July, 2010 I further certify that the meeting was duly called and held and that a quorum was present Dated this 27th day of July, 2010 KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 35 OF 35 CITY COUNCIL SPECIAL MEETING JULY 6, 2010 The special meeting of the City Council of the City of Apache Junction, Arizona, was held on July 6, 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 : 02 p.m ROLL CALL Councilmembers Present • Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Dietz Councilmember Serdy Councilmember Wilson (Councilmember Coleman was attending the Florence Town Council meeting on behalf of Apache Junction) Staff Present: City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan ✓1 Finance Director Donna Meinerts Public Works Director David Fern Planning Manager Fred Baker Economic Dev Director Steve Filipowicz Others Present: Business Advocate Janine Solley Library Manager Spencer Paden Program Coordinator Heather Patel Public Works Manager Shane Kiesow Public Works Mechanic Keith Bedwell SPECIAL MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 1 OF 7 eN DISCUSSION ON TENTATIVE BUDGET FOR FISCAL YEAR 2010-2011 City Manager George Hoffman briefed the council on the item Mayor Insalaco called for any discussion Councilmember Serdy commented he did not think they should go with the Superstition Vistas investment He thinks it should be tabled until it kicks back up again We have been at the table and done all we can. We can easily jump back in later Councilmember Barker asked the city manager to address the comment of having done all we can It is an important thing for them to know when looking at that part of the budget City Manager George Hoffman stated council made a 3 year commitment and kept its end of the bargain. They were significant contributors to that process, significant in terms of our dollar contribution The overall amount was substantially more. There have been participants like Florence, Queen Creek, Pinal County, Mesa, Salt River Project and the Sonora Lincoln Institute and a variety of others It is a very, highly visible, high-powered project The next steps include rolling it out to the larger valley and taking the suggestions, working with the state to have the state think about their interests, and the state take that forward to Pinal County for reflection in their planning document and their 0'44 general plan. Much significant work has been done The council has done what it said it would do. It is the case that there is more to be done The city has been asked for a $5, 000 contribution towards taking those next steps . That is a policy decision for them to consider Vice Mayor Eck asked if that is $5, 000 total . City Manager George Hoffman stated that is correct He gave an update that Councilmember SPECIAL MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 2 OF 7 Coleman texted him to advise the Florence Town Council voted to deny incorporation to San Tan Valley 7-0 That is a $1 6 million threat to our budget, $8 million over the next 5 years, that, at least for the near term, will appear not to be a threat Mayor Insalaco closed the discussion and moved on to the next item PUBLIC HEARING: TENTATIVE BUDGET FOR FISCAL YEAR 2010-2011 Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and moved on to the next item. CONSIDERATION OF PROPOSED RESOLUTION NO 10-18, ADOPTION OF TENTATIVE BUDGET FOR FISCAL YEAR 2010-2011 AND GIVING NOTICE OF FINAL BUDGET ADOPTION Mayor Insalaco called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO 10 18 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, FOR THE ADOPTION OF THE TENTATIVE BUDGET FOR THE CITY OF APACHE JUNCTION, ARIZONA, FOR FISCAL YEAR 2010-2011, HEREWITH SETTING FORTH THE TENTATIVE ESTIMATES FOR THE MONIES NECESSARY FOR THE PUBLIC EXPENSES OF THE CITY OF APACHE JUNCTION, ARIZONA, FOR THE emIS FISCAL YEAR 2010-2011 AND GIVING NOTICE OF THE TIME AND PLACE FOR HEARING TAXPAYERS FOR THE ADOPTION OF THE FINAL BUDGET, BE APPROVED. Councilmember Barker SECONDED THE MOTION VOTE: Unanimous . (Councilmember Serdy voted yes except for the Superstition Vistas line item. ) The motion carried. SPECIAL MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 3 OF 7 eN CONSIDERATION OF PROPOSED RESOLUTION NO 10-19, DECLARING AS A PUBLIC RECORD AND ADOPTING THOSE CERTAIN DOCUMENTS ENTITLED "CLASSIFICATION PLAN FOR FISCAL YEAR 2010-2011" AND "COMPENSATION PLAN FOR FISCAL YEAR 2010-2011" AND DECLARING AN EMERGENCY City Manager George ems Hoffman briefed the council on the item. Mayor Insalaco called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 10-19, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD AND ADOPTING CERTAIN DOCUMENTS FILED WITH THE CITY CLERK ENTITLED "THE CLASSIFICATION PLAN FOR FISCAL YEAR 2010- 2011" AND "THE COMPENSATION PLAN FOR FISCAL YEAR 2010-2011"; AND DECLARING AN EMERGENCY, BE APPROVED Councilmember Dietz SECONDED THE MOTION. VOTE: Unanimous The motion carried. DISCUSSION AND DIRECTION ON PROPOSED TEMPORARY PERSONAL LEAVE FOR CITY EMPLOYEES FOR FISCAL YEAR 2010-2011 ) emiN City Manager George Hoffman briefed the council on the item Vice Mayor Eck asked if this is what we discussed earlier City Manager George Hoffman stated that is correct . SPECIAL MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 4 OF 7 Councilmember Wilson commented that we did not give any increase in pay to any of our employees. Because of the medical aspects, some of them have actually lost some money in this matter. Mayor Insalaco commented they are going backwards in their pay because of the medical expenses that have occurred City Manager George Hoffman stated the employees are now contributing to health insurance, and the mandatory participation in the Arizona State Retirement System has gone up for those employees that are in that. The paycheck that they will actually be receiving will be diminished Vice Mayor Eck asked what their contribution towards retirement has gone up to. Finance Director Donna Meinerts stated there was a slight increase in the retirement benefit and a slight decrease in the disability, but overall the impact was about 040 Mayor Insalaco closed the discussion with no further comments and called for a motion Vice Mayor Eck MOVED THAT WE APPROVE 40 HOURS OF TEMPORARY PERSONAL LEAVE FOR CITY EMPLOYEES FOR FISCAL YEAR 2010-11 SUBJECT TO THE FOLLOWING TERMS: THIS LEAVE WILL BE PLACED IN A SEPARATE BILLING ACCOUNT APART FROM VACATION AND SICK LEAVE, IT WILL BE CONSIDERED STRAIGHT TIME AND WILL NOT BE CONSIDERED IN THE CALCULATION OF OVERTIME OR CAUSE AN EMPLOYEE TO BE PAID FOR OVER 40 HOURS IN THE WORK WEEK; IT WILL ONLY BE AVAILABLE FOR USE BEGINNING JULY 18, 2010 AND UP TO AND INCLUDING JUNE 30, 2011, THERE WILL BE NO CARRYOVER OF THIS LEAVE BEYOND JUNE 30, 2011, PRIOR TO TAKING THIS LEAVE AN EMPLOYEE SHALL OBTAIN APPROVAL FROM HIS/HER DEPARTMENT DIRECTOR; IT SHALL BE EXTENDED TO NON-EXEMPT AND EXEMPT CITY EMPLOYEES WHO REGULARLY WORK 24 HOURS OR MORE PER WEEK; FOR EVERY EIGHT (8) HOURS OF TEMPORARY PERSONAL LEAVE PROVIDED TO FULL TIME EMPLOYEES WHO REGULARLY WORK BETWEEN 32 AND 40 HOURS PER WEEK, SPECIAL MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 5 OF 7 eIN THE AMOUNT OF FIVE (5) HOURS OF TEMPORARY PERSONAL LEAVE SHALL BE PROVIDED TO PART TIME EMPLOYEES WHO REGULARLY WORK BETWEEN 24 AND 31 HOURS PER WEEK; IT SHALL BE EXTENDED TO ONLY THOSE EMPLOYEES WHO ARE AN EMPLOYEE OF RECORD ON OR BEFORE JULY 1, 2010; IT SHALL NOT BE INCLUDED IN ANY PAY OUT PROVISIONS I FURTHER MOVE THAT THE CITY MANAGER IS AUTHORIZED TO MAKE FINAL ADMINISTRATIVE ADJUSTMENTS TO THESE TERMS. Councilmember Barker SECONDED THE MOTION. VOTE• Unanimous . The motion carried ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 . 16 p m. ACCEPTED THIS 3RD DAY OF AUGUST, 2010, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF AUGUST, 2010 JOHN S. INSALACO Mayor ATTEST• eilkk KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the City Council of the City of Apache Junction, Arizona, held on the 6th SPECIAL MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 6 OF 7 day of July, 2010 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of July, 2010 KATHLEEN CONNELLY City Clerk OmS /111 SPECIAL MEETING OF THE CITY COUNCIL JULY 6, 2010 PAGE 7 OF 7 Pp ACH i.. Ok G,y ' o pity of A_Apache Junction Nome of the Superstition Mountains gRr2os0* a Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: August 3,2010 Agenda Type : Regular Agenda Council Priority Focus Area• Budgeted Operational Item TITLE OF AGENDA ITEM: Consideration of second amendment to agreement for material and labor to lower and raise manholes and valves with Tails Construction Corp. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: On November 18, 2008, Tails Construction Corp. entered a written agreement to provide the city with labor and materials relating to lowering and raising manholes On June 29, 2009, the term of the amendment was extended for an additional year and expired on June 30, 2010. The Mayor and City Council was briefed on this contract renewal request at the July 6, 2010 Council Meeting during New Business. Approval of the attached amendment will retroactively approve the agreement from July 1, 2010 and extend the contract for an additional and final year through June 30, 2011. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval ATTACHMENTS. Click to download Talis Construction Staff Report Talis Construction Amendment OKep.ch Public Works Department r 21 City of Apache 4(Za.0 Junction Home of the Superstition Mountains August 3, 2010 To. Mayor and Members of City Council Thru. George Hoffman, City Manager David Fern, Public Works Director From. Shane Kiesow, Public Works Manager Subject. PW 2008-15 Material and Labor to Lower and Raise Manholes and Valves with Talis Construction Corp According to the above referenced contract, on page 5, CONTRACT TIME. "The terms of this contract shall be from the date of written notice of the acceptance of this proposal by the City Council to June 30, 2009. The City of Apache Junction has the option to renew the contract for two (2) additional one-year periods if mutually agreeable. If the contract is renewed, the total length of the contract shall not exceed three (3) years from the original date of award of contract The City reserves the right to unilaterally extend any of the one-year(1) periods by thirty-one (31) days. This provision does not limit the liability of the Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the — Contractor" Contract PW 2008-15 Material and Labor to Lower and Raise Manholes and Valves was approved by City Council on November 18, 2008. The Second Amendment to Agreement for Material and Labor to Lower and Raise Manholes and Valves with Talis Construction Corp is the final amendment for this project The Public Works Department is requesting City Council approval of the extension of this contract for a final year ending on June 30, 2011. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 SECOND AMENDMENT TO AGREEMENT FOR MATERIAL AND LABOR TO LOWER AND RAISE MANHOLES AND VALVES WITH TALIS CONSTRUCTION CORP. THIS AMENDMENT is made and entered into this day of 2010, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and TALIS CONSTRUCTION CORP., an Arizona corporation ("Contractor"). RECITALS WHEREAS, in response to City's Notice Inviting Bid Proposals dated September 2008, and any addendums applicable thereto, Contractor submitted a proposal dated October 6, 2008, in which Contractor asserted its willingness, ability and qualifications to provide manhole/valve work and service; and WHEREAS, on November 18, 2008, Contractor was awarded the bid for Project No. PW 2008-15, and WHEREAS, on November 18, 2008, City and Contractor entered a written agreement setting forth their respective responsibilities and the manner and terms upon which Contactor would render the services; and WHEREAS, on June 29, 2009, City and Contractor entered a written amendment to extend the original term for an additional year; and WHEREAS, mutual interest exists to extend this agreement an additional year. 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 as set forth below: AMENDMENT OF AGREEMENT' The Agreement originally executed on November 18, 2008 shall be amended as follows. A) SECTION 22. TERM OF AGREEMENT The terms of this agreement shall be from the date of written notice of the acceptance of this agreement by the City Council to June 30, 2011. This provision does not limit the liability of the successful bidder for actual damages sustained by City as a result of any breach of contract or warranty by the successful bidder. B) All other terms and provisions of the Agreement executed by the parties on November 18, 2008 shall remain in full force and effect until the Agreement is terminated. 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. TALIS CONSTRUCTION CORP.: By: S NDRA GO A Title. President CITY OF APACHE JUNCTION: By: JOHN S. INSALACO Title: Moor____._ ATTEST: t KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: t :`•Yf RICHARD J. STERN City Attorney 2 *pACH . . . Cite of Apache Junction Hone of be Superstition Mountains 4 PtzON* a Print TO. City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: August 3, 2010 Agenda Type : Regular Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM: Consideration on entering into contract with Southwest Slurry Seal for the street maintenance slurry sealing of Old West Highway. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Staff respectfully requests City Council approval to enter into contract with Southwest Slurry Seal through Pinal County cooperative contracts#40194,#44003, and#44004 for the street maintenance slurry sealing of Old West Highway from Idaho Road to Goldfield Road/US 60 Highway for$215,944.00 with a 10%contingency of$21,594.00 for a total not to exceed the amount of$237,538 00 FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval ATTACHMENTS: Click to download 0 Southwest Slurry Seal Memo_ PQ ACer`� 01111k Public Works Department City of Apache Junction q01zaN�' Home of the Superstition Mountains Date July 21, 2010 To Mayor and Members of the City Council Thru. George Hoffman, City Manager David Fern, Public Works Director From Shane Kiesow, Public Works Manager Subject. Approval of Contract with Southwest Slurry Seal Staff respectfully requests City Council to give consideration for approval to enter into contract with Southwest Slurry Seal for the street maintenance slurry sealing of Old West Highway from Idaho Road to Goldfield Road/US 60 Highway. This item was discussed before City Council at the August 2, 2010 work session The planned work would be through Final County cooperative contracts#40194, #44003, and#44004 for$215,944.00 with a 10°%0 contingency of $21,594 00 for a total not to exceed amount of$237,538.00. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice(480) 982-1055 • FAX (480)983-5752 or(480) 982-8005 C Gyn City of the junction 2 Home of the Superstition Mountains 4 P1t pNP E2 Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE. August 3,2010 Agenda Type : Regular Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM: Consideration of approval of Contract Extension with Southern Counties Oil Company ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: The city's gasoline supply contract with Southern Counties Oil Company allows renewal for two (2) additional one-year periods. The Mayor and City Council was briefed on this contract renewal request at the July 6, 2010 Council Meeting during New Business Approval of the attached amendment will retroactively approve the agreement from July 1, 2010 and extend the contract for an additional year through June 30, 2011. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download 11 Southern Counties Staff Report ❑ Southern Counties Contract Amendment 1 otoxch „jet, Public Works Department City of Apache " a Junction qR OAP Home of the Superstition Mountains August 3, 2010 To Mayor and Members of City Council Thru George Hoffman, City Manager David Fern, Public Works Director From. Shane Kiesow, Public Works Manager Subject PW 2009-09 Bulk Fuel According to the above referenced contract, on page 5, CONTRACT TIME. "The terms of this contract shall be from the date of written notice of the acceptance of this proposal by the City Council to June 30, 2010. The City of Apache Junction has the option to renew the contract for two (2) additional one-year periods if mutually agreeable If the contract is renewed, the total length of the contract shall not exceed three (3) years from the original date of award of contract The City reserves the right to unilaterally extend any of the one-year (1) periods by thirty-one (31) days This provision does not limit the liability of the Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor" Contract PW 2009-09 Bulk Fuel was approved by City Council on August 19, 2009 This is the first amendment to the Agreement for Bulk Fuel with Southern Counties Oil Company. The Public Works Department is requesting City Council approval of the extension of this contract for an additional year through June 30, 2011 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480)983-5752 or(480) 982-8005 FIRST AMENDMENT TO CITY OF APACHE JUNCTION AGREEMENT FOR BULK FUEL PROJECT PW # PW 2009-09 THIS FIRST AMENDMENT is made and entered into this—day of 2010, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and SOUTHERN COUNTIES OIL COMPANY, a California corporation ("Contractor") RECITALS WHEREAS, in response to City's Notice Inviting Bid Proposals dated July 2009, and any addendums applicable thereto, Contractor submitted a proposal dated July 23, 2009, in which Contractor asserted its willingness, ability and qualifications to provide fuel; and WHEREAS, on August 19, 2009, Contractor was awarded the bid for Project No. PW 2009-09; and WHEREAS, on August 26, 2009, City and Contractor entered a written agreement setting forth their respective responsibilities and the manner and terms upon which Contactor would render the services; and WHEREAS, mutual interest exists to amend this agreement by extending the term of the agreement for one (1) additional year. 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 as set forth below: AMENDMENT OF AGREEMENT: The Agreement originally executed on August 26, 2009 shall be amended as follows: A) SECTION 11. CONTRACT TIME The terms of this Contract shall be from the date of written notice of the acceptance of the proposal by the City Council through June 30, 2011. The City of Apache Junction has the option to renew the Contract for one (1) additional one-year period and if mutually agreeable, the senior staff representatives of each party may execute a written acknowledgement as approved by the City Attorney without any further Council approval as long as the funding has been budgeted and appropriated. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contractor warranty by Contractor B) SECTION 12 PRICING The total cost amount as outlined in the original Cost Proposal of the Bid Proposal includes all applicable taxes, preparation charges, if any, transportation and delivery charges fully prepaid by the Contractor to the destination specified. All contracts will be operable for their full term, ending on June 30, 2011, at the rates quoted in the initial bid proposal, unless otherwise extended in as referenced in Section 11 above in an appropriate renewal document executed by the parties. Price adjustments will be considered by City staff if said proposed adjustment(s)are submitted in writing fifteen (15) calendar days before the proposed effective date. C) All other terms and provisions of the Agreement executed by the parties on August 26, 2009 shall remain in full force and effect until the Agreement is terminated. 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. SOUTHERN COUNTIES OIL COMPANY: �._�L By. !'2N1 Title: 4,tti1 ,GIS ��7tCCcac s CITY OF APACHEvU JUNCTION• By: JOHN S. INSALACO Title: Mayor ATTEST: KATHLEEN CONNELLY City Clerk 2 /011 IOW i APPROVED AS TO FORM: RICHARD J. STERN City Attorney 3 • } 3 Ok PgACHEio • .�. 2 City of Apache Junction Home of the Superstition Mountains 4 R1200t+ Ei Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: August 3,2010 Agenda Type : Regular Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM: Consideration of second amendment to agreement for pre-coated chips with Mesa Materials, Inc. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: On March 17, 2009, Mesa Materials entered a written agreement to provide pre-coated chips to the city On June 29, 2009, the term of the amendment was extended for an additional year and expired on June 30, 2010 The Mayor and City Council was briefed on this contract renewal request at the July 6, 2010 Council Meeting during New Business Approval of the attached amendment will retroactively approve the agreement from July 1, 2010 and extend the contract for an additional and final year through June 30, 2011. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download Mesa Materials Chips Staff Report D Mesa Materials Chips Amendment PQ p.Ch .4 0� Public Works Department <<, � City of Apache QNP Junction • home of the Superstition Mountains August 3, 2010 To. Mayor and Members of City Council Thru• George Hoffman, City Manager David Fern, Public Works Director From. Shane Kiesow, Public Works Manager Subject PW 2009-01 Pre-Coated Chips According to the above referenced contract, on page 5, CONTRACT TIME. "The terms of this contract shall be from the date of written notice of the acceptance of this proposal by the City Council to June 30, 2009 The City of Apache Junction has the option to renew the contract for two (2) additional one-year periods if mutually agreeable If the contract is renewed, the total length of the contract shall not exceed three (3) years from the original date of award of contract. The City reserves the right to unilaterally extend any of the one-year (1) periods by thirty-one (31) days This provision does not limit the liability of the Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor" Contract PW 2009-01 Pre-Coated Chips was approved by City Council on March 17, 2009 The Second Amendment to Agreement for Pre-Coated Chips with Mesa Materials, Inc. is the final amendment for this project The Public Works Department is requesting City Council approval of the extension of this contract for a final year ending on June 30, 2011 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice(480) 982-1055 • FAX (480)983-5752 or(480) 982-8005 SECOND AMENDMENT TO AGREEMENT FOR PRE-COATED CHIPS WITH MESA MATERIALS, INC. THIS AMENDMENT is made and entered into this day of 2010, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and MESA MATERIALS, INC , an Arizona corporation ("Contractor") RECITALS WHEREAS, in response to City's Notice Inviting Bid Proposals dated January 2009, and any addendums applicable thereto, Contractor submitted a proposal dated February 4, 2009, in which Contractor asserted its willingness, ability and qualifications to provide construction material; and WHEREAS, on March 17, 2009, Contractor was awarded the bid for Project No. PW 2009-01, and WHEREAS, on March 17, 2009, City and Contractor entered a written agreement setting forth their respective responsibilities and the manner and terms upon which Contactor would render the services; and WHEREAS, on June 29, 2009, City and Contractor entered a written amendment to extend the original term for an additional year; and WHEREAS, mutual interest exists to extend this agreement an additional year. 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 as set forth below- AMENDMENT OF AGREEMENT- The Agreement originally executed on March 17, 2009 shall be amended as follows- A) SECTION 11 CONTRACT TIME The terms of this Contract shall be from the date of written notice of the acceptance of the proposal by the City Council through June 30, 2011. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. B) SECTION 12. PRICING The total cost amount of$47.08 per ton of pre-coated 3/8" chips (stock-piled and delivered to the chip spreader) includes all applicable taxes, preparation charges, if any, transportation and delivery charges fully prepaid by Contractor to the destination specified All contracts will be operable for their full term, ending on June 30, 2011. C) All other terms and provisions of the Agreement executed by the parties on March 17, 2009 shall remain in full force and effect until the Agreement is terminated. 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. MESA MATERIALS, INC : / ( I By: Title: CITY OF APACHE JUNCTION. By: JOHN S. INSALACO Title: Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: G.V 0/® RICHARD J. STERN City Attorney 2 Mbe dt y�Q Czo of Apache Junction Home of the Superstition Mountains Ei Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE• August 3,2010 Agenda Type : Regular Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM: Consideration of second amendment to agreement for paving materials with Mesa Materials, Inc. ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: On November 25, 2008, Mesa Materials entered a written agreement to provide paving materials to the City. On June 29, 2009, the term of the amendment was extended for an additional year and expired on June 30, 2010 The Mayor and City Council was briefed on this contract renewal request at the July 6, 2010 regular council meeting during New Business Approval of the attached amendment will retroactively approve the agreement from July 1, 2010 and extend the contract for an additional and final year through June 30, 2011. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: r RECOMMENDATION: Approval. ATTACHMENTS: Click to download d Mesa Materials Paving Staff Report 0 Mesa Materials Paving Materials Amendment PQ p.Ctt J �4_ y Public Works Department City of Apache RlZO NP Junction Home of the Superstition Mountains August 3, 2010 To. Mayor and Members of City Council Thru George Hoffman, City Manager David Fern, Public Works Director From: Shane Klesow, Public Works Manager Subject: PW 2008-14 Paving Materials According to the above referenced contract, on page 5, CONTRACT TIME. "The terms of this contract shall be from the date of written notice of the acceptance of this proposal by the City Council to June 30, 2009. The City of Apache Junction has the option to renew the contract for two (2) additional one-year periods if mutually agreeable. If the contract is renewed, the total length of the contract shall not exceed three (3) years from the original date of award of contract. The City reserves the right to unilaterally extend any of the one-year (1) periods by thirty-one (31) days This provision does not limit the liability of the Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor" Contract PW 2008-14 Paving Materials was approved by City Council on November 18, 2008. This Second Amendment to Agreement for Paving Materials with Mesa Materials, Inc. is the final amendment for this project. The Public Works Department is requesting City Council approval of the extension of this contract for a final year ending on June 30, 2011 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 SECOND AMENDMENT TO AGREEMENT FOR PAVING MATERIALS WITH MESA MATERIALS, INC. THIS AMENDMENT is made and entered into this day of 2010, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and MESA MATERIALS, INC., an Arizona corporation ("Contractor"). RECITALS WHEREAS, in response to City's Notice Inviting Bid Proposals dated September 2008, and any addendums applicable thereto, Contractor submitted 1. L a proposal dated October 7, 2008, in which Contractor asserted its willingness, ability and qualifications to provide construction materials; and WHEREAS, on November 18, 2008, Contractor was awarded the bid for Project No. PW 2008-14, and WHEREAS, on November 25, 2008, City and Contractor entered a written agreement setting forth their respective responsibilities and the manner and terms upon which Contactor would render the services; and WHEREAS, on June 29, 2009, City and Contractor entered a written amendment to extend the original term for an additional year; and WHEREAS, mutual interest exists to extend this agreement an additional year. 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 as set forth below: AMENDMENT OF AGREEMENT: The Agreement originally executed on November 25, 2008 shall be amended as follows. A) SECTION 11. CONTRACT TIME The terms of this Contract shall be from the date of written notice of the acceptance of the proposal by the City Council through June 30, 2011. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor 1 B) SECTION 12. PRICING The total cost amount as outlined in the original Cost Proposal of the Bid Proposal includes all applicable taxes, preparation charges, if any, transportation and delivery charges fully prepaid by the Contractor to the destination specified. All contracts will be operable for their full term, ending on June 30, 2011, at the rates quoted in the initial bid proposal. C) All other terms and provisions of the Agreement executed by the parties on November 25, 2008 shall remain in full force and effect until the Agreement is terminated 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 MESA MATERIALS, INC : By. z Title- �. CITY OF APACHE JUNCTION: By: JOHN S. INSALACO Title: Mayor ATTEST: r '1 KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: • •2oio RICHARD J. STERN City Attorney 2 1 at 14,0,. city o 1 ache unction z 1 logic' a/ /lie ,1uper:viiiiot \lot/kzii; „„."," ,II,Print TO: City Manager's Office FROM: David Fern, Public Works Director DATE: August 3, 2010 Agenda Type • Regular Agenda Council Priority Focus Area Community Infrastructure TITLE OF AGENDA ITEM: Consideration of Resolution No. 10-28, authorizing the City to enter into Intergovernmental Agreement 10-107-I with the Arizona Department of Transportation for Phase II of the Ironwood Drive Reconstruction Project (from 16th Avenue to Broadway Avenue), and authorizing and directing staff to take all steps necessary to carry out the purpose and intent of the resolution ACTION REQUESTED. Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION Through the American Recovery and Reinvestment Act (ARRA), the city is currently constructing a road improvement project on Ironwood Drive from U S 60 to 16th Avenue (Phase I of the Project) Additional ARRA funds are available for construction of another segment of the project (from 16th Avenue to Broadway Avenue (Phase II of the Project) due to lower-than- estimated costs in other ARRA-funded regional construction projects Resolution No. 10-28 authorizes the City to enter into Intergovernmental Agreement 10-107-I which allows for completion of Phase II of the Project using the unobligated funds FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES• RECOMMENDATION: Approval ATTACHMENTS Click to download D Resolutuion 10 28 Staff Memo D Ironwood Dr map Resolution No 10-28 1 Public Works Department 5• " eay, tiAme4, tkoie4451.0", F4- Home of the Superstition Mountains iffrztO' MEMORANDUM Date August 3, 2010 To Mayor and Members of City Council SE Through George Hoffman, City Manager From. David Fern, Director of Public Works Subject. Utilization of Unobligated American and Reinvestment Act(ARRA) Funds The City of Apache Junction is currently constructing a project on Ironwood Drive, from US 60 to 16th Avenue. The project is funded with American and Reinvestment Act (ARRA) Federal Funds in the total amount of$1,948,343 The Mancopa Association of Governments (MAG) contributed $1,348,343 and the Central Arizona Association of Governments (CAAG) contributed $600,000 of the ARRA Phase I funds. The City funding match for the project was $265,000 Since a number of projects in Arizona, including the Apache Junction Ironwood Drive project received public bids at substantially lower costs than originally estimated, additional ARRA Phase I "unobligated" funds have become available for utilization on other"shovel ready" contracts. The City designed a road improvement project with City staff to about the 90% completion level that only requires a few FHWA required design clearance items to make it"shovel ready" and set to be advertised for construction. Although the timing is extremely aggressive, the City has pursued and is hoping to utilize these available funds on the next adjacent segment of Ironwood Drive, 16th Avenue to Broadway Avenue as follows Unobligated MAG funds $ 513,574 Unobligated CAAG Funds $ 152,000 Total Available ARRA Funds $ 665,574 Leftover City Matching Funds $ 265,000 Existing City Project Funds $ 556,250 Total New Project Cost. $1,486,824 The Public Works Department is requesting City Council approval to amend the existing Joint Project Agreement (JPA)fintergovernmental Agreement(lGA)with ADOT in order to receive and utilize the remaining"unobligated"ARRA funds for the Ironwood Drive, 16th Avenue to Broadway Avenue project 575 E Baseline Avenue,Apache Junction,AZ 85219 • Voice(480)982-1055 • FAX (480) 983-5752 or(480) 982-8005 r. BROAD a-'1---' ` '' » ; WAY 4 wa , .. AVENUE ..ea- f 4044440 m`ir r +Eh � - fa t� ,� ARRA UNOBLIGATED CRAG & MAG r , c' r, `4„,�"- ,: ,,,: FUNDING $665,574 - $689,275 : ,- " "` 3 : ' • i, "r-' r: `t ,� -"'` .ten rn. iia.. r r a ' r'- r , ;j f ''s C { t +f.4 tea- t a"'. S,y„:,; i$ A ~.{..r ?" `4 4)*, ' , " f: -..J...,' ,,.�s.:.,4-.r r ' ..-i t 0` �' s �s „1 } p�- {� • y y� X q :. f._`17 rt'd 1.g�'7 4§+{' _x, / i `�^i'a+' f p "'}"s r 1 ..1 Gam+ ;'_ M'; .f..j.. i• 1 I8 ,hE `ri/r n v *. 9Pn.e. —fq.3'1 AVENUE • . ��•i ' 4` $ �r ` .�- 'fi � , , 71 4_4 +� r r f( +P, l - i �' k e%_ �Awr { .I/ f - , ,E,it Y ?kin - -.( " f x - " f i ri• ' '''', ! -,; 4-2 .,,�"'�"' ..} t- -fir. .M1 z'^ +r ' /r .i n 5 , a 'a's �*„* 1` 1rti'', f, 1- fJ •` r{ 'Y" jt r- • r ., ,T'( � /:' y � AR RA MAC; FUNDING: 1 348; 43 ° k f-' .,7 r,r `" CURRLN L UNDER COST UCT . , m i �A T. 1::: / , ......: , ,,...,,i;:.,:..,,,,.,,,,,, ,._.11„,f,-4tA,-,,,T.r,. ,11,,,:tiH- .,..-' :.!2:,,j;',..!..,;...- ',--':,-.'4',. .,,c:,'-r..7,,,o,..7;,,,,rit ,v 41: v e, ,. t ,rrr errftt, n �. i 41 "mot" ' it � t ��//��JSJ-,��' 4 j,.4.. _4-4 � jjjrrr-' „.....,.....a.a •.r{i.14 .sy -r�,r+� , r, r `` ' '' s 4-r.°;Yv 4'' .''�'.,r` . y' iS`,/ ,...,.,,,o..-4' i'•` ; r r L. C. SOUTHERN .W '' } ...t.ff '_. it),.. --_,-,-- `,- ' ..- -..,,-. i ..k ..,,,- . . ,,,T, -,„1.,...„,,,.._,,,,:-,____ , i I ii.,*.,, • *' t '4F.Jn' x. , r - RRASAAtDING $ 00,040 :' � N URRENTLS'^URDER NSTRUCT1ON , ,,..,.„,, Yr a �a c • r-- ,,,,, ::• r—. . ' - `4"It*' k 4,1 ter, qq•µ' � h ."g".%� h k < ��"Fl!` ': , �.• • ..SUPERSTITION — _ ' T-- -. n ,FREEWAY US-SO NOTES. ARRA AERIAL EXHIBIT 1 THIS EXHIBIT WAS PRODUCED WITHOUT BENEFIT OF A LOCATION & FUNDING FIELD SURVEY DISTANCES SHOWN HEREON ARE APPROXIMATE DRAWN DWS DATE 2010-07-09 SCALE 1„=1000' �v.9ACHf�G CITY OF APACHE JUNCTION I, PUBLIC WORKS DEPARTMENT 5 Z 575 E BASELINE AVENUE APACHE JUNCTION, AZ 85219 gRIZONP PHONE- (480) 982-1055 ems RESOLUTION NO. 10-28 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO INTERGOVERNMENTAL AGREEMENT 10-107-I WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR PHASE II OF THE IRONWOOD DRIVE RECONSTRUCTION PROJECT (FROM 16TH AVENUE TO BROADWAY AVENUE) , AND AUTHORIZING AND DIRECTING STAFF ems TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSE AND INTENT OF THIS RESOLUTION WHEREAS, the City of Apache Junction is currently constructing a road improvement project (the "Project") on Ironwood Drive from U.S . 60 to 16th Avenue ("Phase I" of the Project) , and WHEREAS, the Project is funded through the American Recovery and Reinvestment Act ("ARRA") in the total amount of $1, 948, 343 00, and WHEREAS, the Maricopa Association of Governments contributed $1, 348, 343.00 and the Central Arizona Association of Governments contributed $600, 000 .00 for Phase I of the Project; and WHEREAS, the required City leftover matching funds for the Phase I Project was $265, 000. 00; and WHEREAS, like other construction projects in Arizona, the bid for the Project was substantially lower than the anticipated cost resulting in unobligated funds of between $665, 574 00 to $689,275.00, and ems WHEREAS, the projected City matching funds for Phase II is estimated to be $556, 250 00, and WHEREAS, unused funds from other projects can be combined to pay for completion of "shovel ready" contracts such as the second segment of the Project (16th Avenue to Broadway Avenue, "Phase II") ; and WHEREAS, the attached written agreement ("IGA/JPA 10-107- I") sets forth the financial and administrative conditions for construction of Phase II of the Project RESOLUTION NO 10-28 PAGE 1 OF 2 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 attached intergovernmental agreement between the City of Apache Junction and the Arizona Department of Transportation ("IGA/JPA 10-107-I") and the Mayor is hereby authorized to PINsign the agreement on behalf of the City 2) Under the terms of IGA/JPA 10-107-I, the City will pay for the design costs associated with Phase II of the Project. 2) The City Manager or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution 3) The City of Apache Junction shall comply with all Act guidelines, federal statutes and regulations applicable to the American Recovery and Reinvestment Act of 2009 (Public Law 101-336, 42 U S C §§ 12101-12213) 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 10-28 PAGE 2 OF 2 ATTACHMENT A ADOT File No IGA/JPA 10-107-I AG Contract No P001 -1 Project No. Project' Resurfacing &Reconstruction Section 16th Avenue to Broadway Avenue TRACS No.: SS927 OD Phase II ARRA/State/City Match INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date , 2010, pursuant to the Arizona Revised Statutes § 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the"City") The State and the City collectively are referred to as"Parties" I. RECITALS 1 The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State 2 The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City 3 Congress has authorized appropriations for the American Recovery and Reinvestment Act of 2009 ("ARRA 2009") for the disbursement of funds and investment in certain projects, including but not limited to, roads, bridges, mass transit, energy efficient buildings, flood control, clean water and other infrastructure projects to save and create jobs for long term growth and stability 4 Such Project lies within the boundary of the City and has been selected by the City, the survey of the Project has been completed, and the plans, estimates and specifications will be prepared and, as required, submitted by the State to the Federal Highway Administration ("FHWA")for its approval 5 The City agrees requests the transfer of existing local pro rata matching funds held on deposit with the State under TRACs # SS 746 09C to TRACs # SS 907003D for the design of the Project contemplated herein. 6 The interest of the State in this Project is the acquisition and distribution of ARRA/Recovery Act Funds for the use and benefit of the City and to authorize such ARRA/Recovery Act Funds for the project pursuant to Federal law and regulations The State shall be the designated agent for the City 7 The work contemplated under this Agreement is for the design of Phase II of Ironwood Drive, 16th Avenue to Broadway Avenue project This five lane street reconstruction project removes and replaces existing deteriorated asphalt and base material and replaces the full structural section including aggregate base and asphalt surface pavement, hereinafter referred to as the "Project". The State shall advertise, bid and award the Project The ARRA/Recovery Act Funds will be used for the design and construction of the project, including the construction engineering and administration cost(CE) The current Project costs are as follows TRACS No. SS 927 01D Remaining ARRA/Recovery Act Funds (MAG) $513,574 Remaining ARRA/Recovery Act Funds (CAAG) $152,000 Transferred Local Funds from SS746 01 C $265,000 Local Funds $556,250 AN. *TOTAL Project Costs $1,486,250 *(Includes CE and project contingencies) The Parties acknowledge that the eventual actual cost may exceed the estimate, and such case the City is responsible for any and all costs exceeding the estimate Actual costs may be less than the estimate and not needed for the Project, at which time any excess funding will be de-obligated from the Project THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows II. SCOPE OF WORK 1 The State will a Submit all documentation required to the FHWA containing the above-mentioned Project with the recommendation that funding be approved for design and funding The Project will be performed, completed, accepted and paid for in accordance with the requirements of the Project plans and specifications b. Request the maximum ARRA/Recovery Act Funds programmed for the design of this Project, including design engineering and administration costs Should costs exceed the maximum Federal funds available it is understood and agreed that the City will be responsible for any overage c Review the design documents required for construction of the Project and provide comments tot eh City as appropriate d Approve the Project, if such project funds are available from and authorized by FHWA for the Project Be the designated authorized agent for the City .011.1 e Enter into a Project Agreement with FHWA on behalf of the City covering the work encompassed in said construction contract and will request the maximum ARRA/Recovery Act Funds available, including construction engineering and administration costs Should costs exceed the maximum ARRA/Recovery Act Funds available, it is understood and agreed that the City will be responsible for any excess cost not covered by ARRA/Recovery Act Funds f Upon approval by the FHWA, and with the aid and consent of the City and FHWA, proceed to advertise for, receive and open bids subject to the concurrence of the FHWA and the City The State will enter into a contract(s) with a firm(s) to whom the award is made for the construction of the Project, administer contracts(s)for the Project and make all payments to the contractor(s) g Upon Execution of this Agreement and prior to Advertisement of the Project, invoice the City for the City's share of the Project costs and/or any excess cost not covered by ARRA/Recovery Act funds h Not be obligated to maintain said Project, should the City fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement i Upon completion of the Project, invoice the City for any costs not covered by the available federal funding 2 The City will a Upon execution of this Agreement, designate the State as authorized agent for the City b Prepare and provide design plans, specifications and other such documents and services required for the construction bidding and construction of the Project and incorporate comments from the State as appropriate c Perform work and prepare documents required by the FHWA to qualify certain projects for and to receive ARRA/Recovery Act Funds Such work may consist of, but is not specifically limited to, the �. review and approval of the prepared environmental documents, the preparation of the analysis requirements for documentation of environmental categorical exclusion determinations, review of reports, design plans, maps, and specifications, geologic materials testing and analysis, right-of-way related activities and such other related tasks essential to the achievement of the objectives of this Agreement d Certify that all necessary rights-of-way have been or will be acquired prior to advertisement for bid and also certify that all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the Project area, shall be removed from the proposed right-of-way, or will be removed prior to the start of construction e Not permit or allow any encroachments upon or private use of the right-of-way, except those authorized by permit In the event of any unauthorized encroachment or improper use, the City shall take all necessary steps to remove or prevent any such encroachment or use f Grant the State, without charge, cost or additional documents and agreements, permission to enter City lands as required to conduct all construction and pre-construction activities related to the Project, including and without limitation, temporary construction easements, or temporary right-of-entry g Be responsible for any and all costs attributable to any engineering change orders requested by the City not covered by ARRA/Recovery Act Funds The City will also be responsible for contractor claims for additional compensation caused by Project delays attributable to the City h Provide for cost and, as an annual item in the City's budget, proper maintenance of the Project, including all of the Project components i Pay the State full compensation for all penalties, assessments or sanctions of any kind resulting from any failure to comply with any ARRA/Recovery Act requirement, including but not limited to, auditing, reporting and monitoring the project and its costs j Enter into an agreement with the design consultant which states that the design consultant shall provide professional post-design services as required and requested throughout and upon completion of the construction phase of the Project k Provide a set of as-built plans upon completion of the construction phase of the Project. An electronic version of the as-built plans shall be forwarded to Arizona Department of Transportation Local Government Section I Upon completion of the Project, agree to accept, maintain and assume full responsibility of said Project in writing m Pay all invoices from the State within thirty(30) calendar days of receipt III. MISCELLANEOUS PROVISIONS 1 The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of said Project, except any provisions for maintenance shall be perpetual by the City Further, this Agreement may be cancelled at any time prior to advertisement of the project construction contract, upon thirty days (30) written notice to the other party It is understood and agreed that, in the event the City terminates this Agreement, the State shall in no way be obligated to maintain said Project 2 The State assumes no financial obligation or liability under this Agreement, or for any resulting construction Project The City, in regard to the City's relationship with the State only, assumes full responsibility for the design, plans, specifications, reports, the engineering in connection therewith and the construction of the improvements contemplated, cost over-runs and construction claims The City shall also require its contractors to name the State as an additional indemnitee in the City contracts with its contractors It is understood and agreed that the State's participation is confined solely to securing federal aid on behalf of the City and the fulfillment of any other responsibilities of the State as specifically set forth herein, that any damages arising from carrying out, in any respect, the terms of this Agreement or any modification thereof shall be the liability of the City and that to the extent permitted by law, the City hereby agrees to save and hold harmless and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all costs and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, misrepresentation, directives, instruction or event arising out of the performance or non performance of any provisions of this Agreement by the State, any of its departments, agencies, officers and employees, or its independent contractors, the City, any of its agents, officers and employees, or its independent contractors Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, and expenses of litigation and attorneys'fees 3 The cost of construction and construction engineering work under this Agreement is to be covered by the ARRA/Recovery Act Funds set aside for this Project, up to the maximum available. The City acknowledges that the eventual actual costs may exceed the maximum available amount of ARRA/Recovery Act funds, or that certain costs may not be accepted by the federal government as eligible for ARRA/Recovery Act funds Therefore, the City agrees to furnish and provide the difference between actual costs and the ARRA/Recovery Act Funds received 4 The State will follow reporting requirements in accordance with Section 1201 and Section 1512 of the American Recovery and Reinvestment Act of 2009 5 This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General 6 This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511 7 To the extent applicable under law, the provisions set forth in Arizona Revised Statutes § 35-214 and § 35-215 shall apply to this Agreement 8 This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U S C 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36 The parties to this Agreement shall comply with Executive Order Number 99-4 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non-Discrimination" 9. Non-Availability of Funds Every payment obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph 10 In the event of any controversy, which may arise out of this Agreement, the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12- 1518 11 All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows Arizona Department of Transportation City of Apache Junction Joint Project Administration Attn Public Works Department 205 S 17`h Avenue, Mail Drop 637E 575 E Baseline Avenue Phoenix, Arizona 85007 Apache Junction, Arizona (602) 712-7124 Fax(602 712-3132 Phone (480) 982-5752Fax (480) 982-8005 12. Compliance requirements for Arizona Revised Statutes§41-4401—immigration laws and E-Verify requirement ,,. a The City warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A R S 23-214, Subsection A b A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract, and the City may be subject to penalties up to and including termination of the Agreement. c The State retains the legal right to inspect the papers of any employee who works on the Project to ensure that the City or subcontractor is complying with the warranty under paragraph (a) 13 Pursuant to Arizona Revised Statutes § 35-391 06 and § 35-393 06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes § 35-391 or and 35-393, as applicable If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement 14 In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each party's legal counsel and that the parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form 15 The cost of the project under this Agreement includes applicable indirect costs approved by the FHWA IN WITNESS WHEREOF,the Parties have executed this Agreement the day and year first above written CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN S INSALACO SAM MAROUFKHANI, P.E. Mayor Deputy State Engineer, Development ATTEST By KATHY CONNELLY City Clerk IGA/JPA 10-107-I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of ... Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the City, an Agreement among public agencies which, has been reviewed pursuant to A R S § 11-951 through § 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona No opinion is expressed as to the authority of the State to enter into this Agreement DATED this day of ,2010 City Attorney ATTORNEY APPROVAL FORM FOR THE ARIZONA DEPARTMENT OF TRANSPORTATION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the City, an Agreement among public agencies which, has been reviewed pursuant to A R S § 11-951 through § 11-954 and declare this Agreement to be in proper form and within the powers and authority granted under the laws of the State of Arizona No opinion is expressed as to the authority of the State to enter into this Agreement DATED this day of , 2010 Arizona Attorney General •ACJ e•. • 0y of A ApacheJunction I tome of the .S'upet:ttho11 A'Jou kt ns Print TO City Manager's Office FROM David Fern, Public Works Director DATE. August 3, 2010 Agenda Type Regular Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM Consideration of Resolution No 10-29, authorizing the City to enter into Intergovernmental Agreement 09-127-I, Amendment One, with the Arizona Department of Transportation to allow transfer of unused City matching funds from Ironwood Drive Reconstruction Project Phase I (from U S. 60 to 16th Avenue) to Phase II (from 16th Avenue to Broadway Avenue), and authorizing and directing staff to take all steps necessary to carry out the purpose and intent of the resolution. ACTION REQUESTED Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION With the use of federal grant money pursuant to the American Recovery and Reinvestment Act of 2009 (ARRA), the city began construction of a road improvement project on Ironwood Drive between U.S 60 to 16th Avenue (Phase I of the Project) Due to lower than expected bids for the project, the city's matching funds in the amount of $265,000 00 are not needed and are available to help pay for portions of Phase II, which includes construction and design costs from 16th Avenue to Broadway Avenue segment Resolution No 10-29 allows the unused funds to be used in Phase II of the project FISCAL IMPACT 'Budgetary Approval Not Required OPTIONS/ALTERNATIVES RECOMMENDATION: Approval ATTACHMENTS: Click to download I i Res 10-29 Staff Memo D Ironwood Map 0 Resolution No 10-29 • ACH J41' Public Works Department ea, e 14/4,4,4 th444,4,,em i. ,; Home of the Superstition Mountains MEMORANDUM Date August 3, 2010 To' Mayor and Members of City Council Through George Hoffman, City Manager From David Fern, Director of Public Works Subject. Utilization of Unobligated American and Reinvestment Act(ARRA) Funds The City of Apache Junction is currently constructing a project on Ironwood Drive, from US 60 to 16th Avenue The project is funded with American and Reinvestment Act(ARRA) Federal Funds in the total amount of$1,948,343 The Mancopa Association of Governments (MAG) contributed $1,348,343 and the Central Arizona Association of Governments (CAAG) contributed $600,000 of the ARRA Phase I funds. The City funding match for the project was $265,000. Since a number of projects in Arizona, including the Apache Junction Ironwood Drive project received public bids at substantially lower costs than originally estimated, additional ARRA Phase I "unobligated" funds have become available for utilization on other"shovel ready" contracts. The City designed a road improvement project with City staff to about the 90% completion level that only requires a few FHWA required design clearance items to make it"shovel ready" and set to be advertised for construction Although the timing is extremely aggressive, the City has pursued and is hoping to utilize these available funds on the next adjacent segment of Ironwood Drive, 16th Avenue to Broadway Avenue as follows Unobligated MAG funds $ 513,574 Unobligated CAAG Funds' $ 152,000 Total Available ARRA Funds. $ 665,574 Leftover City Matching Funds $ 265,000 Existing City Project Funds $ 556,250 Total New Project Cost. $1,486,824 The Public Works Department is requesting City Council approval to amend the existing Joint Project Agreement{JPA)Itntergovernmental Agreement (IGA) with ADOT in order to receive and utilize the remaining "unobligated" ARRA funds for the Ironwood Drive, 16th Avenue to Broadway Avenue project 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX(480) 983-5752 or(480) 982-8005 Pi ON s1-e ,J. x u r1.:-",,r' { r`. �P .,[�,{''- ,F 1- ..„AT (.,, f ... .1` r. r. p i.r fir• g.1N. �:F d ^ `1 —- u. r- .. F^"s t , `-1...' P}E}' �{' j.. p Lam. r f ib y� T',I..y a�'yy- i 1. :-. t}�},a ¢yP %V. yam_ }y • r'�-�i PY%- 4 bh,t t. ..2 • eit,. �S-^e�Mtt`}.Nle r�j'��z 1,44w. pW*`1'�A..s- _a# 9 °i': YY.6�} lwv e„_t1'—•4.�; { ! 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', `" P r -P r. s Ale- t1 ( ' lr ;',r n* op i� 7_ r ,�' 12 t J,�r} t ' A):---'- r-u pr_ ,rr ., ' • yr Y I x*rr 7e'3at. t. aS. -itlp .7`y Js 7'i s' `f. r a !' ` is . •. w �4 .t d�!'`.. <. '1 4^,I� Y F"Y� 7�t'"$ u.. ! " f 1 , , ,-'S' �'r? r«+'y tl r.�, q �>a .', y », _. s 47"'}r!'E r tm v - r" � 3 '�`, r ` { -- r .- :� ARRA MAG FUI\I D NO $1 4� 4 z' f€�_'" 1 *` a CUR E ITLY UNDER CO1 TRI ` IIO'Nb, t- r t Frrrt•• aA rAt '* e5 , ,r > 4 r l' E t'4 "`t ti n., e r N i. - r t 9 x ` �f "'':i tt" r 4P,,, at1 ,' -, 4rxf , n ,, �; ..--IL,„,"'t_' t v- 4 ' 5 * r i ' rrd ( tosSt { y ! S Y Tx{ S $V $'ems_.. .- a l` ,.. %.;,,,,,i.4.....pt.t.,,g ,...,,,,,_t-, ,.t ' 1 er it, 1 t li, , . r-,--',F.A.trz ACK,'-'-'11ta*"4-2-- 4 s-9,-� ,— AVENUE Y 9i rII 6 v arxk"� FF. � }tF ��y d , , tr r$r r r • .- �i s .. t av'*..S C ,', _P""",,.,.tih. , jmy`7' Y r B RA GA 1 F1 NDING $600,000 i , � y I L. CURRENTL1Y N,DER INSTRUCTION �,� r r •''''' -gt*,---iltr9=---k°,k• -0V`ir,t,-1-f,..N? •;-- , , „, -, i ,v-1-,,-- i-,:,- P-' - zl,- 'IN r , 1 ' N'-'7.!\- ,:P ..r'' ,.' N'tcf. \ ` 'i a �;err • is van' �� _ '� fi � 1'/ \./ E SUPERSTITION ' � ; r `.111.0 ' NOTES. ARRA AERIAL EXHIBIT 1 THIS EXHIBIT WAS PRODUCED WITHOUT BENEFIT OF A LOCATION & FUNDING FIELD SURVEY DISTANCES SHOWN HEREON ARE DRAWN. DWS DATE. 2010-07-09 SCALE 1"=1000' APPROXIMATE �PQACHf�G CITY OF APACHE JUNCTION ",6 PUBLIC WORKS DEPARTMENT $ 575 E BASELINE AVENUE APACHE JUNCTION, AZ 85219 gRIZONP PHONE (480) 982-1055 RESOLUTION NO. 10-29 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO INTERGOVERNMENTAL AGREEMENT 09-127-I, AMENDMENT ONE, WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION TO ALLOW TRANSFER OF UNUSED CITY MATCHING FUNDS FROM PHASE I TO PHASE II OF THE IRONWOOD DRIVE RECONSTRUCTION PROJECT (FROM 16TH AVENUE TO BROADWAY AVENUE) ; AND AUTHORIZING AND DIRECTING STAFF TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSE AND INTENT OF THE RESOLUTION WHEREAS, the City of Apache Junction is currently constructing a road improvement project (the "Project") on Ironwood Drive from U.S. 60 to 16th Avenue ("Phase I" of the Project) ; and WHEREAS, the Project is funded through the American Recovery and Reinvestment Act ("ARRA") in the total amount of $1, 948, 343 . 00, and WHEREAS, the Maricopa Association of Governments contributed $1, 348, 343 00 and the Central Arizona Association of Governments contributed $600, 000 00 for Phase I of the Project; and WHEREAS, the required City matching funds for the Project was $265, 000.00, and WHEREAS, like other construction projects in Arizona, the bid for the Project was substantially lower than the anticipated cost resulting in unobligated funds of between $665, 574 00 and OmS $689,275 00; and WHEREAS, as a consequence, the leftover City matching are available for utilization on other "shovel ready" contracts, and WHEREAS, the City has a need to complete another segment of the Project from 16th Avenue to Broadway Avenue ("Phase II" of the Project) ; and WHEREAS, the City has requested the Arizona Department of Transportation to allow these funds to cover some of the design and construction costs of Phase II of the Project; and RESOLUTION NO. 10-29 PAGE 1 OF 3 /111‘ WHEREAS, the parties have crafted a written agreement ("IGA/JPA 09-127-I") which sets forth the conditions for the transfer of the City' s already-contributed, but unused funds from Phase I to Phase II of the Project NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS ' 1) The Mayor and City Council approve the attached intergovernmental agreement between the City of Apache Junction and the Arizona Department of Transportation ("IGA/JPA 09-127-I") and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) The City Manager or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution 3) The City of Apache Junction shall comply with all Act guidelines, federal statutes and regulations applicable to the American Recovery and Reinvestment Act of 2009 (Public Law 101-336, 42 U S C §§ 12101-12213) 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 RESOLUTION NO 10-29 PAGE 2 OF 3 APPROVED AS TO FORM RICHARD J. STERN City Attorney OIN RESOLUTION NO. 10-29 PAGE 3 OF 3 ATTACHMENT A ADOT File No IGA/JPA 09-127-I Amendment One—Phase II AG Contract No P001 2009 002678-1 ARRA Project No APJ 0(200)A Project Resurfacing & Reconstruction Section Ironwood Drive, 16th Avenue to Broadway Avenue TRACS No.. SS746 01 C Budget Source Item No. AMENDMENT ONE INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THE AMENDMENT ONE ("Agreement") is entered into this date , 2010, pursuant to the Arizona Revised Statutes § 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City") The State and the City collectively are referred to as"Parties" I RECITALS 1 The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State 2 The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City THE PURPOSE OF THIS AMENDMENT. The bid for Phase I of the Project was less than estimated, and no City contribution is required for the Project at this time, although the City remains responsible for all costs exceeding the amount of available ARRA funding or costs not eligible for federal funding .�. The City has already deposited with the State the City's contribution of$265,000 000 originally estimated for this Project At the request of the City, these funds are being transferred to Phase II of the Ironwood Drive project under a separate Agreement JPA(10-107), TRACs#SS927 01 D attached as referenced The Parties hereto agree to amend and add the following language as follows a Amend language under Recitals Article 17 b Amend language under the Scope of Work Article II 1 e and 2 c c Amend language under the Miscellaneous Provisions Section paragraph 5 of the Agreement Amendment to RECITAL 7 The remaining ARRA/Recovery Act Funds will be used for the design and construction of the Project(Phase II Ironwood Drive) including the construction engineering and administration cost(CE) The Parties acknowledge that the eventual actual cost may exceed the estimate, and such case the City is responsible for any and all costs exceeding the estimate or cost not eligible for federal funding THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows II. Amendments to SCOPE OF WORK. 1 The State will. Amend paragraph 1.e to read as follows e Upon execution of this Amendment, transfer the local funds of$265,000 00 from TRACs# SS746 01C to TRACs # SS927 01 D for the City's pro rata match for Phase II of the Project for design costs. �. g Upon completion of the Project, invoice the City for any costs not covered by the available ARRA federal funding 2 The City will Amend paragraph 2 c to read as follows c. Agree to transfer local funds from TRACs # SS746 01C to TRACs # SS927 01 D for the City's pro rata match for Phase II of the Project for design costs m Pay all invoices from the State within thirty(30) calendar days of receipt III MISCELLANEOUS PROVISIONS. Miscellaneous Provisions paragraph 5 is amended re read as follows 5 This Amendment shall become effective upon signing and dating of the Determination Letter by the State's Attorney General IV. No Other Amendments. All other terms and conditions of the Agreement not amended herein shall remain in force and effect In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each Party's legal counsel and that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows Arizona Department of Transportation City of Apache Junction Joint Project Administration Attn Public Works Department 205 S 17"'Avenue, Mail Drop 637E 575 East Baseline Avenue Phoenix, Arizona 85007 Apache Junction, Arizona 85119 (602) 712-7124 Fax (602 712-3132 Phone (480) 982-1055 Fax (480) 982-8005 IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By _, JOHNS INSALACO SAM MAROUFKHANI, P E Mayor Deputy State Engineer, Development ATTEST By KATHY CONNELLY City Clerk p IGA/JPA 09-127-I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the City, an Agreement among public agencies which, has been reviewed pursuant to A R S § 11-951 through § 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona No opinion is expressed as to the authority of the State to enter into this Agreement DATED this day of , 2010 City Attorney ATTORNEY APPROVAL FORM FOR THE ARIZONA DEPARTMENT OF TRANSPORTATION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the City, an Agreement among public agencies which, has been reviewed pursuant to A R S § 11-951 through § 11-954 and declare this Agreement to be in proper form and within the powers and authority granted under the laws of the State of Arizona No opinion is expressed as to the authority of the State to enter into this Agreement DATED this day of , 2010 Arizona Attorney General ( fi ot../ padre unction 1 f o e 0/ the St/pm/it/on tit/onr ,\JO/r/tta//Ls 14 .44 ,f7=9-i Print TO: City Manager's Office FROM: Heather Hodgman, Public Works Management Assistant DATE August 3, 2010 Agenda Type Regular Agenda Council Priority Focus Area Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM. Consideration of proposed Resolution No 10-31, authorizing the City to enter into an intergovernmental agreement with Arizona Department of Transportation for Highway Safety Improvement Program grant money ACTION REQUESTED Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Grants are available through the Arizona Department of Transportation Highway Safety Improvement Program (HSIP) to retrofit selected street signage along 16th Avenue, Delaware Drive and connecting side street intersections Resolution No 10-31 authorizes the city to enter into the intergovernmental agreement with the state for the HSIP funds in an amount not to exceed $44,850 00 FISCAL IMPACT. Budgetary Approval Not Required OPTIONS/ALTERNATIVES. RECOMMENDATION• Approval ATTACHMENTS Click to download d HSIP Staff Memo d Resolution No 10 31 o �'y Public Works Department z City of Apache 4fIzo�° Junction Home of the Superstition Mountains Date. July 21, 2010 To. Mayor and Members of the City Council Thru• George Hoffman, City Manager David Fern, Public Works Director Shane Kiesow, Public Works Manager From. Heather Hodgman, Public Works Management Assistant Subject. Intergovernmental Agreement with Arizona Department of Transportation for Highway Safety Improvement Program Grant Money Staff respectfully requests City Council to give consideration for approval to enter into an intergovernmental agreement with the Arizona Department of Transportation (ADOT) for Highway Safety Improvement Program (HSIP) grant money This item was before City Council on the August 2, 2010 work session for discussion. The HSIP grant will give the City $44,850.00 for the purchase of new signage for 16th Avenue from Meridian Drive to Winchester Road and Delaware Drive from Southern Avenue to Lost Dutchman Boulevard. Primary focus of the grant is to improve sign reflectivity and the enlargement of street name signage 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice(480)982-1055 • FAX (480) 983-5752 or(480) 982-8005 eN RESOLUTION NO 10-31 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT MONEY WHEREAS, Congress established the Highway Safety Improvement Program ("HSIP") for the specific purpose of achieving a significant reduction in traffic fatalities and serious injuries on public roads; and WHEREAS, the Sate and the City have identified systematic improvements within the City as being eligible under this program, and WHEREAS, the purpose of this joint effort is to allow the State to acquire federal funds for the purchase of signage (the "Project") to be installed at various locations within the City limits as selected by the City, and WHEREAS, the State shall be the designated agent for the City, and WHEREAS, the estimated total cost of the Project is $44, 850 . 00, including Civil Engineering and Project contingencies, which represents 100% funding, and WHEREAS, pursuant to A R.S . §§ 11-952 (A) and 28-401, public entities may enter into agreements with each other for joint or ^ cooperative activities . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS 1 The Mayor and City Council hereby approve the attached intergovernmental agreement between the City of Apache Junction and the State of Arizona and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) The City Manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution RESOLUTION NO. 10-31 PAGE 1 OF 2 I - - 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 es JOHN S. INSALACO Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J STERN City Attorney es RESOLUTION NO 10-31 PAGE 2 OF 2 wok ATTACHMENT A ADOT File No IGA/JPA 10-088 I AG Contract No Project No N/A Project Sign Replacements Section Various locations within the City limits TRACS No • SH 46001C Budget Source Item No.: HSIP INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date , 2010, pursuant to the Arizona Revised Statutes § 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City") The State and the City are collectively referred to as"Parties" I RECITALS 1 The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State 2 The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City /Mk 3 Congress has established the Highway Safety Improvement Program (HSIP) as a core Federal- aid for the specific purpose of achieving a significant reduction in traffic fatalities and serious injuries on public roads The State and the City have identified systematic improvements within the City as eligible for this funding 4 The purpose of this joint exercise of powers and cooperative action (i e Agreement), by the State and the City is to allow the State to acquire Federal funds for the purchase of signage to be installed at various locations within the city limits The City, through the State's Procurement Process utilizing ADOT Procurement contract(s) will select an authorized supplier to provide the equipment and services as outlined in the contract and approved plans to complete this project with the aid and consent of the State and the FHWA 5 Such Project lies within the boundary of the City and has been selected by the City, the survey of the Project has been completed, and the plans, estimates and specifications will be prepared and, as required, submitted by the State to the Federal Highway Administration (FHWA)for its approval 6 The interest of the State in this project is the acquisition and distribution of HSIP Funds for the use and benefit of the City and to authorize such HSIP Funds for the project pursuant to Federal law and regulations The State shall be the designated agent for the City The current Project costs are as follows TRACS No SH4600 1C TOTAL HSIP Funds (100%) $44,850 00 *TOTAL Project Costs $44,850 00 *(Includes CE and project contingencies) The Parties acknowledge that the eventual actual cost may exceed the estimate, and such case the City is responsible for any and all costs exceeding the estimate Actual costs may be less than the estimate and not needed for the Project, at which time any excess HSIP funding will be de-obligated from the Project THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows II. SCOPE OF WORK 1 The State will a Submit all documentation required to the Federal Highway Administration (FHWA) containing the above-mentioned Project with the recommendation that funding be approved for procurement and installation The Project will be performed, completed, accepted and paid for in accordance with the requirements of the Project plans and specifications. b. Request the maximum HSIP funds programmed for covering the work encompassed in said construction contract and will request the maximum HSIP funds available, including eligible engineering and construction City costs Should eligible costs exceed the maximum HSIP funds available it is understood and agreed that the City will be responsible for any overage c. Approve the Project, if such project funds are available from and authorized by FHWA for the Project Be the designated authorized agent for the City d Upon execution of this Agreement, coordinate with the City regarding the specifics of the equipment to be ordered by the State to best ensure the requirements of the Project are met Enter into a contract(s) with a firm(s)to whom the award is made for the purpose of the Project e Instruct the vendor to deliver equipment directly to the City for final acceptance and to bill the City directly The State will reimburse the City with HSIP funds up to $ 44,850 00 within thirty days (30) after receipt and approval of an invoice for equipment purchased under this Agreement Therefore, the City agrees to set aside funds in an amount equal to the difference between the total cost of the work provided for in this Agreement and the amount of Federal aid received f Not be obligated to maintain said Project, should the City fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement 2 The City will a Designate the State as authorized agent for the City, if such project is approved by the FHWA and project funds are available b Be responsible for one hundred percent(100%) of installation labor costs and any overage of costs exceeding the maximum HSIP funds available for the Project. Agree that the cost of the analysis and work covered by this Agreement is to be borne by FHWA and the City, each in the proportion prescribed and determined by FHWA c Coordinate with the State during the procurement process of the Project d Purchase and install the equipment acquired under this Agreement and maintain all improvements provided by this Project for the entire design life of the equipment e Upon payment for equipment, invoice the State within thirty (30) days for reimbursement of approved costs f Be responsible for any unforeseen conditions or circumstances which increase the cost of said work Should a change in the extent or scope of the work called for in this Agreement become necessary, be obligated to incur and pay for said increased costs g. Enter into an agreement with the vendor which states that the vendor shall provide services as required and requested throughout the purchase and installation phase of the project h Provide a set of as-built plans upon completion of the construction phase of the Project. An electronic version of the as-built plans shall be forwarded to Arizona Department of Transportation Local Government Section III. MISCELLANEOUS PROVISIONS 1. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of said Project, except any provisions for maintenance/electrical power and/or landscaping maintenance shall be perpetual by the City Further, this Agreement may be cancelled at any time prior to advertisement of the project construction contract, upon thirty days (30) written notice to the other party It is understood and agreed that, in the event the City terminates this Agreement, the State shall in no way be obligated to maintain said Project p 2 The State assumes no financial obligation or liability under this Agreement, or for any resulting construction Project The City, in regard to the City's relationship with the State only, assumes full responsibility for the design, plans, specifications, reports, the engineering in connection therewith and the construction of the improvements contemplated, cost over-runs and construction claims It is understood and agreed that the State's participation is confined solely to securing federal aid on behalf of the City and the fulfillment of any other responsibilities of the State as specifically set forth herein, that any damages arising from carrying out, in any respect, the terms of this Agreement or any modification thereof shall be the liability of the City and that to the extent permitted by law, the City hereby agrees to save and hold harmless and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all costs and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, misrepresentation, directives, instruction or event arising out of the performance or non performance of any provisions of this Agreement by the State, any of its departments, agencies, officers and employees, or its independent contractors, the City, any of its agents, officers and employees, or its independent contractors Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, and expenses of litigation and attorneys'fees 3 The cost of purchase and installation work under this Agreement is to be covered by the HSIP funds set aside for this Project, up to the maximum available The City acknowledges that the eventual actual costs may exceed the maximum available amount of HSIP funds, or that certain costs may not be accepted by the federal government as eligible for HSIP funds Therefore, the City agrees to furnish and provide the difference between actual costs and the HSIP funds received 4 The cost of the project under this Agreement includes applicable indirect costs approved by the Federal Highway Administration (FHWA). 5 This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General 6 This Agreement may be cancelled in accordance with Arizona Revised Statutes§ 38-511 7 To the extent applicable under law, the provisions set forth in Arizona Revised Statutes § 35-214 and § 35-215 shall apply to this Agreement 8 This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U S C 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36 The parties to this Agreement shall comply with Executive Order Number 09-09 issued by the Governor of the State of Arizona and incorporated herein by reference regarding"Non-Discrimination". 9 Non-Availability of Funds Every payment obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph 10 In the event of any controversy, which may arise out of this Agreement, the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12- 1518 11 All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows Arizona Department of Transportation CITY OF APACHE JUNCTION Joint Project Administration Attn Giao N Pham 205 S. 17th Avenue, Mail Drop 637E 575 E Baseline Ave Phoenix, Arizona 85007 Apache Junction, AZ 85119 (602) 712-7124 (480) 982-1055 (602) 712-3132 Fax (480) 982-8005 Fax 12 Compliance requirements for Arizona Revised Statutes§41-4401—immigration laws and E-Verify requirement a The City warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Arizona Revised Statutes§23-214, Subsection A b A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract, and the City may be subject to penalties up to and including termination of the Agreement c The State retains the legal right to inspect the papers of any employee who works on the Project to ensure that the City or subcontractor is complying with the warranty under paragraph (a) �.. 13 Pursuant to Arizona Revised Statutes § 35-391.06 and § 35-393 06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes § 35-391 and/or§ 35-393, as applicable If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement 14 In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each party's legal counsel and that the parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN S INSALACO SAM MAROUFKHANI, P E Mayor Deputy State Engineer, Development ATTEST By KATHY CONNELLY City Clerk IGA/JPA 10-088 1 ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an Agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes § 11-951 through § 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona No opinion is expressed as to the authority of the State to enter into this Agreement DATED this day of , 2010 City Attorney Q PpACH City of Apache Junction Home of the Superstition Mountains a Print TO: City Manager's Office FROM. Roger S. Hacker, Revenue Resources Manager DATE: August 3,2010 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: Proposed Resolution No. 10-25 authonzing the submission of a grant application to the Arizona Department of Transportation for Round 18 Transportation Equity Act for the 21 st Century funding for enhancements to North Apache Trail. ACTION REQUESTED. Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: Dunng the June 17, 2010 Work Session,the city council selected the North Apache Trail (Apache Trail to Idaho Road) project for submission as the city's local project for Round 18 funding. Resolution 10-25 is a mandated part of that application and is consistent with the direction given to staff by the city council FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: Federal Law Requirement RECOMMENDATION: Staff respectfully recommends that the City Council adopts Resolution Number 10-25 ATTACHMENTS: Click to download O Staff Report 0 Resolution Number 10-25 O Site Plan O Gazebo Site Plan P9pCHEJ y0a O --- City of Apache Junction Development Services Department MEMORANDUM DATE: July 21, 2010 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director FROM. Roger Hacker, Revenue Resources Manager SUBJECT: Transportation Equity Act for 21st Century ("TEA-21") Round 18 Funding REQUEST Staff respectfully requests that the City Council adopt Resolution Number 10-25. See Attachment 1 The resolution, a mandated part of the City's TEA-21 grant application, authorizes the submission of a grant application for the enhancement of North Apache Trail from Apache Trail to Idaho Road. BACKGROUND May 17, 2010 During the City Council's work session, staff provided the City Council with information regarding Round 18 of Transportation Equity Act for the 21st Century ("TEA-21") funding In addition, the City Council was presented with a list of potential projects that had been developed by staff during a March 2010 meeting At the conclusion of the presentation, the City Council indicated that the North Apache Trail project should be prepared and submitted as the City's "local" grant application The project could include: landscaping; site furniture, trash receptacles, scenic view area; ornamental street lights and path lighting, shared use paths (wide pedestrian sidewalks), historical markers/monuments, and "Main Street" cross-section with on street parking See attached site plans The maximum for "local" projects is $750,000 The City is responsible for 1) 5.7% cash match ($45,334); 2) cost overruns, and 3) maintenance of the project. Applicants may choose to provide additional match over the mandated amount. In doing so, applicants are awarded additional points during the grant review process. July 22, 2010 Staff reviewed the project budget with the Assistant City Manager The budget for the project is $810,563, grant request is $750,000, mandated City match is $45,334, balance is $15,229 After reviewing the scope of the project and its importance to the City's downtown redevelopment plans, the Assistant City Manager directed staff to prepare the grant application with the City providing $60,563 in match, mandated match is $45,334, over match is $15,229 August 2, 2010 During the Council's work session, staff presented Resolution Number 10-25 to the City Council for review and discussion DISCUSSION Resolution Number 10-25 is a mandated part of the City's grant application and is consistent with direction previously given to staff by the City Council Because the North Apache Trail project is a "local" project, Resolution Number 10-25 contains several stipulations not included in resolutions that have been presented to Council during previous rounds of TEA-21 funding These stipulations include SECTION 6 The City of Apache Junction is responsible for the costs related to the preparation of the scoping and environmental documents, securing right of way if necessary, securing utility clearances, and preparation of design documents. SECTION 7. The City of Apache Junction is responsible for payment of the $5,000 review fee to be charged by the Arizona Department of Transportation. SECTION 8. The City of Apache Junction agrees to pay all cost overruns related to the enhancement project SECTION 9 The City of Apache Junction agrees to ensure that the project will be ready to go to bid within three years of the Final Design Kick Off Meeting to be scheduled by the Arizona Department of Transportation. Page 2 of 3 SECTION 10 The City of Apache Junction agrees to reimburse the Arizona Department of Transportation and the Federal Highway Administration for all funds used if the projected is cancelled by the City of Apache Junction It should be noted that the activities listed in Section 6 of the Resolution are reimbursable activities under the TEA-21 program RECOMMENDATION Staff respectfully recommends that the City Council adopt Resolution Number 10-25 ACTION REQUIRED Adoption of Resolution Number 10-25. Attachment 1 Resolution Number 10-25 Page 3 of 3 Attachment 1 RESOLUTION NO 10-25 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR TRANSPORTATION ENHANCEMENT PROGRAM FOR STATE HIGHWAYS FUNDING THROUGH THE TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY PROGRAM AND CERTIFYING THAT THE APPLICATION• (1) MEETS THE COMMUNITY' S IDENTIFIED TRANSPORTATION NEEDS, AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE APPLICATION WHEREAS, the City of Apache Junction is desirous of undertaking transportation enhancement activities, and WHEREAS, the State of Arizona is administering the Transportation Equity Act for the 21st Century ("TEA-21") Program, and WHEREAS, the TEA-21 Program requires that the requested TEA- 21 funds address the congressionally-mandated national objectives, and WHEREAS, the activities within this application address the community' s identified transportation needs, and WHEREAS, a grantee of State TEA-21 funds is required to comply with the Program guidelines and federal statutes and regulations; and WHEREAS, on May 17, 2010, the Apache Junction City Council directed staff to submit an application for TEA-21 Program funds which will be used to landscape and beautify North Apache Trail eN from Apache Trail to Idaho Road. 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 State of Arizona Department of Transportation for Round 18 TEA-21 funds, and the Mayor is authorized to sign the application, contracts and grant documents for receipt and use of TEA-21 funds for. Transportation enhancement activities on North Apache Trail from Apache Trail to Idaho Road SECTION 2 . RESOLUTION NO 10-25 PAGE 1 OF 3 w The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application. SECTION 3- The application for State TEA-21 funds furthers the needs under State guidelines for transportation enhancements on state highways . SECTION 4 - The City of Apache Junction shall comply with all State TEA-21 Program guidelines, federal statutes and regulations applicable to the State TEA-21 Program and certifications contained in the applications SECTION 5. The City of Apache Junction may expend up to $60, 563 in cash to match the funds provided by the grant . SECTION 6. The City of Apache Junction is responsible for the costs related to the preparation of the scoping and environmental documents; securing right of way if necessary, securing utility clearances; and preparation of design documents SECTION 7 - The City of Apache Junction is responsible for payment of the $5, 000 review fee to be charged by the Arizona Department of Transportation. SECTION 8 • emN The City of Apache Junction agrees to pay all cost overruns related to the enhancement project SECTION 9: The City of Apache Junction agrees to ensure that the project will be ready to go to bid within three years of the Final Design Kick Off Meeting to be scheduled by the Arizona Department of Transportation SECTION 10 : The City of Apache Junction agrees to reimburse the Arizona Department of Transportation and the Federal Highway RESOLUTION NO 10-25 PAGE 2 OF 3 Administration for all funds used if the projected is cancelled by the City of Apache Junction. SECTION 11 - The City of Apache Junction shall enter into a Joint Project Agreement with the Arizona Department of Transportation agreeing to be responsible for the long term maintenance of the project PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION 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 10-25 PAGE 3 OF 3 iu `-` U G l ' \Ilit ; NI 4 3 O %;III % , \3' ja V, Afr • 40 s*A tit si Pg0,CH ✓G °k City of Apache Junction U O Home of the Superstition Mountains 4Pizat* al Print TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE: August 3,2010 Agenda Type . Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: Proposed Resolution No 10-26 authorizing the submission of a grant application to the Arizona Department of Transportation for Round 18 Transportation Equity Act for the 21 st Century funding for enhancements to the intersection of State Route 88 and Old West Highway. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: During the June 1, 2010 City Council meeting, the council selected the intersection of State Route 88 (Idaho Road) and Old West Highway project for submission as the city's state project for Round 18 funding. Since that time, it has been determined that the project does not meet the criterion of a state project Staff has recommended that the project be submitted as a local project. Applicants in local projects are responsible for a cash match and any cost overruns in the project. Resolution Number 10-26 is a mandated part of the application. Resolution Number 10-26 authorizes the submission of the project application as a local project FISCAL IMPACT. Budgeted Expenditure OPTIONS/ALTERNATIVES: Federal Law Requirement RECOMMENDATION: Resolution Number 10-26 is a federally mandated component of the grant application However, Council may decide not to approve the Resolution because of the stipulations attached to local projects. ATTACHMENTS: Click to download O Staff Report O Resolution Number 10-26 O Project Site Plan O Pc,ACHE✓ U Cityof Apache Junction Development Services Department MEMORANDUM DATE• July 22, 2010 TO: The Honorable Mayor and City Council THROUGH. George Hoffman, City Manager Brad Steinke, Development Services Director FROM: Roger Hacker, Revenue Resources Manager SUBJECT: Transportation Equity Act for 21st Century ("TEA-21") Round 18 Funding REQUEST Staff respectfully requests that the City Council adopt Resolution Number 10-26. See Attachment 1 The resolution, a mandated part of the City's TEA 21 grant application, authorizes the submission of a grant application for the enhancement of the intersection of State Route 88(Idaho Road) and the Old West Highway. BACKGROUND May 17, 2010 During the May 17, 2010 work session, the staff provided the City Council with information regarding Round 18 of TEA-21 funding. In addition, the City Council was presented with a list of potential State and local projects that had been developed by staff during a March 2010 meeting. The City Council deferred the selection of the State project to be submitted until the June 1, 2010 City Council meeting June 1, 2010 During the June 1, 2010 City Council meeting, the Council selected the State Route 88 (Idaho Road) and the Old West Highway intersection project for submission as the City's State project. The project would include the installation of. 1) raised and landscaped medians, 2) ADA compliant curbs and crosswalks; 3) safety features at the crosswalks; and 4) drainage improvements July 21, 2010 Staff reported to the Assistant City Manager that the project as originally intended and designed does not qualify as a State project because it does not meet the criterion of being at least 75% on State right of way Staff researched if the project could qualify as a State project by removing various elements of the project that are on local right of way and by increasing the elements on State right of way Ultimately, the project had to be reduced so significantly that it lost its original intent The CAAG Transportation Director reviewed the new reduced project and advised that it would not be funded by ADOT if it were submitted as a State project because of the removal of key enhancement elements Staff presented to the Assistant City Manager three options 1 Do not submit the project, 2 Submit the project in a scaled down version as a State project, and 3. Submit the project in its original intent and design as a local project The maximum for local projects is $750,000. The City is responsible for 1) 5.7% cash match ($42,750 maximum), 2) cost overruns, and 3) the maintenance of the project Staff recommended to the Assistance City Manager that the City consider submission of the original project as a local project See Attachment 2 for the project site plan. It is projected that the project will cost $419,135, the City's match would be $23,891. As mandated, the budget was based on historical costs provided by ADOT All costs have been adjusted to reflect a 3 8% annual inflation rate for a three year period, the budget reflects the best estimate as to 2014 construction costs. If funded, the project would begin construction in 2014 In addition, staff had discussed and addressed potential issues that might cause cost overruns Based on their recommendation, the Assistant City Manager directed staff to continue working on the application as a local project Staff was advised that if the City Council is not comfortable with the submission of the project as a local project, Council can decline to adopt Resolution Number 10-26 DISCUSSION Resolution Number 10-26 is a mandated part of the City's grant application If the SR 88 and Old West Highway intersection project is submitted as a local project, Resolution Number 10-26 contains several stipulations not included in resolutions that have been presented to Council during previous rounds of TEA-21 funding These stipulations include Page 2 of 3 SECTION 6 The City of Apache Junction is responsible for the costs related to the preparation of the scoping and environmental documents, securing right of way if necessary, securing utility clearances, and preparation of design documents SECTION 7 The City of Apache Junction is responsible for payment of the $5,000 review fee to be charged by the Arizona Department of Transportation .� SECTION 8. The City of Apache Junction agrees to pay all cost overruns related to the enhancement project SECTION 9. The City of Apache Junction agrees to ensure that the project will be ready to go to bid within three years of the Final Design Kick Off Meeting to be scheduled by the Arizona Department of Transportation SECTION 10 The City of Apache Junction agrees to reimburse the Arizona Department of Transportation and the Federal Highway Administration for all funds used if the projected is cancelled by the City of Apache Junction It should be noted that the activities listed in Section 6 of the Resolution are reimbursable activities under the TEA-21 program RECOMMENDATION Staff respectfully recommends that the City Council adopt Resolution Number 10-26 ACTION REQUIRED Adoption of Resolution Number 10-26. Attachment 1 Resolution Number 10-26 Attachment 2 Site Plan for Proposed Project Page 3 of 3 RESOLUTION NO 10-26 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR TRANSPORTATION ENHANCEMENT PROGRAM FOR STATE HIGHWAYS FUNDING THROUGH THE TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY PROGRAM AND CERTIFYING THAT THE APPLICATION. (1) MEETS THE COMMUNITY' S IDENTIFIED TRANSPORTATION NEEDS, AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE APPLICATION. WHEREAS, the City of Apache Junction is desirous of undertaking transportation enhancement activities; and WHEREAS, the State of Arizona is administering the Transportation Equity Act for the 21st Century ("TEA-21") Program; and WHEREAS, the TEA-21 Program requires that the requested TEA- 21 funds address the congressionally-mandated national objectives; and WHEREAS, the activities within this application address the community' s identified transportation needs, and WHEREAS, a grantee of State TEA-21 funds is required to comply with the Program guidelines and federal statutes and regulations, and WHEREAS, on June 1, 2010, the Apache Junction City Council directed staff to submit an application for TEA-21 Program funds which will be used to landscape and beautify the intersection of OmS State Route 88 (Idaho Road) and the Old West Highway. 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 State of Arizona Department of Transportation for Round 18 TEA-21 funds, and the Mayor is authorized to sign the application, contracts and grant documents for receipt and use of TEA-21 funds for. Transportation enhancement activities at the intersection of State Route 88 (Idaho Road) and the Old West Highway. SECTION 2. RESOLUTION NO 10-26 PAGE 1 OF 3 The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application. SECTION 3 - The application for State TEA-21 funds furthers the needs under State guidelines for transportation enhancements on state highways SECTION 4 - The City of Apache Junction shall comply with all State TEA-21 Program guidelines, federal statutes and regulations applicable to the State TEA-21 Program and certifications contained in the applications . SECTION 5 The City of Apache Junction may expend up to $42, 750 in cash to match the funds provided by the grant SECTION 6- The City of Apache Junction is responsible for the costs related to the preparation of the scoping and environmental documents; securing right of way if necessary, securing utility clearances; and preparation of design documents . SECTION 7 . The City of Apache Junction is responsible for payment of the $5, 000 review fee to be charged by the Arizona Department of Transportation SECTION 8 . The City of Apache Junction agrees to pay all cost overruns related to the enhancement project. SECTION 9. The City of Apache Junction agrees to ensure that the project will be ready to go to bid within three years of the Final Design Kick Off Meeting to be scheduled by the Arizona Department of Transportation. SECTION 10 . The City of Apache Junction agrees to reimburse the Arizona Department of Transportation and the Federal Highway RESOLUTION NO. 10-26 PAGE 2 OF 3 ON ON Administration for all funds used if the projected is cancelled by the City of Apache Junction SECTION 11 . The City of Apache Junction shall enter into a Joint Project Agreement with the Arizona Department of Transportation agreeing to be responsible for the long term maintenance of the project. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION 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 OIN RESOLUTION NO. 10-26 PAGE 3 OF 3 ROLL CALL VOTE NOTES ,, (‘ ITEM # Vi \9) MEETING OF i 161.iti%1 MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER BARKER / VICE MAYOR ECK 1 COUNCILMEMBER SERDY ✓j COUNCILMEMBER WILSON "t/ MAYOR INSALACO k I UNANIM S IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEMS NO. 1-13 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT APPROVAL BE GIVEN FOR THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE TALIS CONSTRUCTION CORP AND THE CITY OF APACHE JUNCTION FOR MATERIAL AND LABOR TO LOWER AND RAISE MANHOLES AND VALVES TO EXTEND THE CONTRACT FOR A TERM RETROACTIVELY BEGINNING JULY 1, 2010 THROUGH JUNE 30, 2011; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR'TO SIGN THE AGREEMENT, AND THAT APPROVAL BE GIVEN FOR THE CONTRACT BETWEEN SOUTHWEST SLURRY SEAL AND THE CITY OF APACHE JUNCTION FOR STREET MAINTENANCE SLURRY SEALING OF OLD WEST HIGHWAY FROM IDAHO ROAD TO GOLDFIELD ROAD/US 60 HIGHWAY THROUGH PINAL COUNTY COOPERATIVE CONTRACTS #40194, #44003, AND #44004 IN THE AMOUNT OF $215,944 00 WITH A 10% CONTINGENCY OF $21,594 00 FOR UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT NOT TO EXCEED $237,538 00; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN SOUTHERN COUNTIES OIL COMPANY AND THE CITY OF APACHE JUNCTION FOR BULK FUEL TO EXTEND THE CONTRACT FOR A TERM RETROACTIVELY BEGINNING JULY 1, 2010 THROUGH JUNE 30, 2011, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN MESA MATERIALS, INC. AND THE CITY OF APACHE JUNCTION FOR PRE- COATED CHIPS TO EXTEND THE CONTRACT FOR A TERM RETROACTIVELY BEGINNING JULY 1, 2010 THROUGH JUNE 30, 2011; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT, AND THAT APPROVAL BE GIVEN FOR THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN MESA MATERIALS, INC AND THE CITY OF APACHE JUNCTION FOR PAVING MATERIALS TO EXTEND THE CONTRACT FOR A TERM RETROACTIVELY BEGINNING JULY 1, 2010 THROUGH JUNE 30, 2011; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT RESOLUTION NO. 10-28, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AUTHORIZING THE CITY TO ENTER INTO INTERGOVERNMENTAL AGREEMENT 10-107-I WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR PHASE II OF THE IRONWOOD DRIVE RECONSTRUCTION PROJECT (FROM 16TH AVENUE TO BROADWAY AVENUE), AND AUTHORIZING AND DIRECTING STAFF TO TAKE ALL STEPS NECESSARY TO /'\ CARRY OUT THE PURPOSE AND INTENT OF THIS RESOLUTION, BE APPROVED, AND THAT RESOLUTION NO 10-29, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO INTERGOVERNMENTAL AGREEMENT 09-127-I, AMENDMENT ONE, WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION TO ALLOW TRANSFER OF UNUSED CITY MATCHING FUNDS FROM PHASE I TO PHASE II OF THE IRONWOOD DRIVE RECONSTRUCTION PROJECT (FROM 16TH AVENUE TO BROADWAY AVENUE); AND AUTHORIZING AND DIRECTING STAFF TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSE AND INTENT OF THE RESOLUTION, BE APPROVED; AND THAT RESOLUTION NO. 10-31, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT MONEY, BE APPROVED, AND THAT RESOLUTION NO. 10-25, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR TRANSPORTATION ENHANCEMENT PROGRAM FOR STATE HIGHWAYS FUNDING THROUGH THE TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY PROGRAM AND CERTIFYING THAT THE APPLICATION (1) MEETS THE COMMUNITY'S IDENTIFIED TRANSPORTATION NEEDS, AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE APPLICATION, BE APPROVED; AND THAT RESOLUTION NO 10-26, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR TRANSPORTATION ENHANCEMENT PROGRAM FOR STATE HIGHWAYS FUNDING THROUGH THE TRANSPORTATION EQUITY ACT OF THE 21ST CENTURY PROGRAM AND CERTIFYING THAT THE APPLICATION. (1) MEETS THE COMMUNITY'S IDENTIFIED TRANSPORTATION NEEDS, AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE APPLICATION, BE APPROVED •� .P4ACHg✓e, '"' .. z C'it�y of Apache Junction Home qf the Superstition Mountains 4 Rt2aN a Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE• August 3,2010 Agenda Type : Regular Agenda Council Priority Focus Area Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PROCLAMATION DESIGNATING AUGUST 2010 AS DROWING IMPACT AWARENESS MONTH ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: LaDon Dieu of Water Watchers at Phoenix Children's Hospital has requested a proclamation designating August 2010 as Drowning Impact Awareness Month. A member of the fire district has been requested to attend to accept the proclamation FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D email and proclamation Suzanne Heninyer From. Dieu, Ladon[Idieu@phoenixchildrens corn] Sent* Monday June 21 2010 1 50 PM To. Suzanne Heninger Subject* Drowning Impact Awareness Proclamation Attachments. 2010 DIAM proclamation doc Dear Suzanne, Att ached is a proclamation for Drowning Impact Awareness Month, which is the month of August OIN Last year, proclamations were passed by cities throughout the state of Arizona, as well as the Governor's office. This year we hope to exceed last year's total of purple ribbons worn by supporters, which was 100,000. If you believe that the proclamation will be put into place, we would like to have it read at a council meeting. (The end of July or beginning of August would be the best time.) Many cities invite local fire officials to attend and receive the proclamation Drawing the media's attention to the proclamations increases awareness of the effort and water safety as a whole We would also ask to have a hard copy mailed back to the address below so we can display the proclamation at Phoenix Children's Hospital during the month of August. Most local fire department employees wore purple ribbons last year, as did some city employees Banners may be available to some cities at no charge Also, many cities place information in city newsletters and on websites, include it on "hold" messages on city phone systems, and include it in communication with the public, such as utility bills Any or all of these ideas will help to make the effort a success, and any support that you can give to the proclamation request process would be greatly appreciated Thank you! LaDon Dieu Water Watchers at Phoenix Children's Hospital ldieuPphoenixchildrens com / 602-909-5636 Phoenix Children's Hospital Water Safety Program 1919 E Thomas #C2391 Phoenix, AZ 85016 Child drownings are preventable - follow the ABC's of Water Safety Adult supervision, Barriers between children and water, and Classes in CPR and swimming lessons for children, at the appropriate age. This transmission may contain information which is protected by the Health Insurance Portability and Accountability Act (HIPAA) and, as such, the use and communication of its content should only be conducted within its guidelines As such, dispensing of this information should only be to individuals on a need-to-know basis If the recipient of this message is not the intended recipient, or the employee or agent responsible to deliver to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited If you have received this communication in error, please immediately forward the original back to the sender and delete your copy of the e-mail. • ..... ...... ratirm ion lip DROWNING IMPACT AWARENESS MONTH AUGUST 2010 WHEREAS, Drowning Impact Awareness Month will raise awareness that the number and impact of child drownings in Arizona affects everyone,and eiN WHEREAS, the drowning incidents in Arizona take the lives of the equivalent of a classroom of children each year,and WHEREAS, a child drowning can happen to any family regardless of education,race or socio-economic background; and WHEREAS, families can take simple steps to protect their children around water to avoid the tragedy of the unnecessary loss of lifc;and WHEREAS, water safety remains a priority for Arizona families, communities,and government,and Water Watchers at Phoenix Children's Hospital,and WHEREAS, keeping children healthy and safe is the goal of Water Watchers of Phoenix Children's Hospital, fire departments and other prevention institutions in Arizona, raising awareness will increase understanding and education of effective ways to prevent drownings. NOW, THEREFORE, 1, John S. Insalaco, Mayor of the City of Apache Junction,Arizona,do hereby proclaim August 1 through 31,2010 as DROWNING IMPACT AWARENESS MONTH in the City of Apache Junction Signed and attested to this /d'day of 4 ze--- ,2010. OIN JOHN S INSALACO Mayor ATTE_SLF _ i2� -L '.E.cam C 447---Z.,r<e�Z:T KAPHLE.Eiv CONNELLY , City Clerk .0► 1 0, C H J 2 CZi).; (1f ;;l/)dc/)e Jif/iction U 2 ! low '�RlZpNP , ----1,Print TO. City Manager's Office FROM George Hoffman, City Manager Ink DATE August 3, 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 Nr,At.,t,i,u,i1.A•. ,d PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1366,AMENDING AND CORRECTING A SCRIVENOR'S ERROR IN ORDINANCE NO. 1332 AS PASSED AND ADOPTED ON JANUARY 20,2009 PERTAINING TO APACHE JUNCTION CITY CODE, CHAPTER 4, FEES,ARTICLE 4-8,MUNICIPAL COURT FEE SCHEDULE, SUBSECTION 4-8(E),MUNICIPAL COURT ENHANCEMENT FUND 2. Will PRESIDING CITY MAGISTRATE JAMES HAZEL speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. O� ppACH��y Cite of 4pciche Junction U O Home of the .Superstition Mountains g Print TO: City Manager's Office FROM: James Hazel, Presiding City Magistrate DATE: August 3, 2010 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PROPOSED ORDINANCE NO 1366, AMENDING AND CORRECTING A SCRIVENOR'S ERROR IN ORDINANCE NO. 1332 AS PASSED AND ADOPTED ON JANUARY 20, 2009 PERTAINING TO APACHE JUNCTION CITY CODE, CHAPTER 4, FEES, ARTICLE 4-8, MUNICIPAL COURT FEE SCHEDULE, SUBSECTION 4-8(E). MUNICIPAL COURT ENHANCEMENT FUND, REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION• Ordinance No 1332 was adopted on January 20, 2009 as a means of updating and amending the Municipal Court Fee Schedule, to offset rising technology costs and to standardize the court's fee schedule with a bond schedule being adopted by county and state courts At the time Ordinance No 1332 was written, it was staff's intent to place the court enhancement fee on each charge rather than on each case as currently outlined in Ordinance No 1332 , and to impose the court enhancement fee on a per-case basis would be extremely difficult in situations where there are multiple charges Ordinance No 1366 corrects this error and establishes that court enhancement fees shall be imposed on each charge. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ ALTERNATIVES: RECOMMENDATION: Approval ATTACHMENTS: Click to download 0 Ordinance No. 1366 eN emN ORDINANCE NO. 1366 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING AND CORRECTING A SCRIVENOR' S ERROR IN ORDINANCE NO 1332 AS PASSED AND ADOPTED ON THE 20TH DAY OF JANUARY 2009 PERTAINING TO APACHE JUNCTION CITY CODE, CHAPTER 4, FEES, ARTICLE 4-8, MUNICIPAL COURT FEE SCHEDULE, SUBSECTION 4-8 (E) , emN MUNICIPAL COURT ENHANCEMENT FUND, REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY WHEREAS, on January 20, 2009, the Mayor and City Council passed and adopted Ordinance No 1332, pertaining to Apache Junction City Code, Volume I, Chapter 4, Fees, Article 4-8, Municipal Court Fee Schedule, subsection 4-8 (E) , Municipal Court Enhancement Fund, and subsection 4-8 (H) , Court Deferred Prosecution/Diversion Fee, and adding new subsection 4-8 (J) , Prosecution Assessment Recovery Fee ("PARF") ; and WHEREAS, said ordinance is now in full force and effect; and WHEREAS, at the time Ordinance No 1332 was written, it was staff' s intent to place the court enhancement fee on each charge rather than on each case, and based on such original intent, has implemented such practice, and WHEREAS, to impose the court enhancement fee on a per-case basis administratively would be extremely difficult in situations where there are multiple charges; and WHEREAS, a scrivenor' s error exists in subsections 4-8 (E) , eiN whereby Ordinance No 1332 states that the court enhancement fees are calculated and assessed on a per-case basis; and WHEREAS, it is the intent of the Mayor and City Council to correct the error 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 the Apache Junction City Code, Volume I, Chapter 4, Fees, Article 4-8, Municipal Court Fee Schedule, subsections 4-8 (E) , ORDINANCE NO 1366 PAGE 1 OF 3 ON el% Municipal Court Enhancement Fund, shall be corrected and amended as follows: A) Section 4-8 (E) shall be amended to read as follows . E MUNICIPAL COURT ENHANCEMENT FUND ^ 1 . There is hereby created a municipal court enhancement fund, which shall be used exclusively to improve the technological, operational, and security capabilities of the municipal court 2 . The municipal court enhancement fund shall be assessed in the base amount of $20 00, which shall be applied by the municipal court on each civil and criminal charge where a fine, sanction, penalty or assessment is imposed by the court Any surcharge, fee, assessment, or other sum required to be imposed by state law or Arizona Supreme Court Rule as an addition to the base amount of $20 00 shall also be applied by the court 3 The court enhancement fund shall be designated as a fund account The City Finance Director or his or her designee, shall invest the monies in the fund in the same manner as general City funds . Interest earned on fund monies shall be deposited in the fund 4 The municipal court shall administer the fund and may make expenditures from the fund for the purposes approved in this section. ^ SECTION II DECLARATION OF INTENT The purpose of this Ordinance is to amend and correct Section I of Ordinance No. 1332 of the Mayor and the City Council of the City of Apache Junction, Arizona by clarifying and correcting typographic and clerical errors By this amendment and clarification, it is not the intent to repeal any other section of Ordinance No 1332 to the extent they do not conflict with the provisions of this resolution nor affect either its validity or its effective adoption as of January 20, 2009 ORDINANCE NO 1366 PAGE 2 OF 3 SECTION III REPEALING ANY CONFLICTING PROVISIONS All other ordinances and parts of ordinances in conflict with the provisions of this ordinance or in conflict with any part of the code adopted herein by reference are also hereby repealed. SECTION IV PROVIDING FOR SEVERABILITY egN If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining 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 ATTEST• KATHLEEN CONNELLY City Clerk emS APPROVED AS TO FORMS RICHARD JOEL STERN City Attorney ORDINANCE NO. 1366 PAGE 3 OF 3 ROLL CALL VOTE NOTES XY( kl,[6 q31( 0 ITEM# MEETING OF 44\t/ItA Dui) MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY COUNCILMEMBER BARKER COUNCILMEMBER WILSON VICE MAYOR ECK V / 617 MAYOR INSALACO UNA IM US IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: .1 (3-/(1' ) .,.,(ii!" .. ( ‘' ' ; ' .,\-\/ licYf \ (0 , .,) /( , ITEM # MEETING OF ti IAA'^ r MOTION BY: SECONDED BY 0.144 NO ABSTAINED COUNCILMEMBER SERDY /ES VICE MAYOR ECK --GOt'J11M EM BT2- COUNCILMEMBER WILSON V R COLCV" COUNCILMEMBER BARKER :7 MAYOR INSALACO UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL AIN h. ITEM NO. 16 I MOVE THAT ORDINANCE NO 1366 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED (Call upon the city clerk to read Ordinance No 1366 by title only Majority vote required) I MOVE THAT ORDINANCE NO. 1366,AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED). I MOVE THAT ORDINANCE NO 1366,AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS. PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 10-27,APPROVING A MINOR GENERAL PLAN TEXT AMENDMENT 2. Will DEVELOPMENT SERVICES DIRECTOR BRAD STEINKE speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. Ok PpACH Jo ... ... „= City of Apache Junction zI Home of the Superstition Mountains 4#12dNR a Print TO: City Manager's Office FROM: Brad Steinke, Director of Development Services DATE: August 3,2010 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO 10-27, APPROVING A MINOR GENERAL PLAN TEXT AMENDMENT. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Certain provisions of the 1999 City of Apache Junction General Plan regarding timing, scheduling, notice, and appeal requirements for major plan amendments are proposed to be amended and brought into compliance with state law through approval of Resolution No 10-27. The Planning and Zoning Commission unanimously recommended approval of this minor general plan amendment at their May 25, 2010, meeting FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: AIM RECOMMENDATION: Recommend approval of Resolution 10-27 ATTACHMENTS: Click to download 0 Cover Memo 0 Resolution 10-27 e Up. H City of Apache Junction 4R, o Development Services Department To. Mayor and City Council From• Brad Steinke, Director of Development Services �. Date. July 22, 2010 RE: Resolution No. 10-27: Minor Amendment to General Plan [ Minor Amendment to Apache Junction General Plan, Chapter II General Plan Elements, Section A 5 Definition of Major and Minor Amendment] After reviewing the city's existing general plan amendment process, staff discovered some inconsistencies with state law. It appears that the state's Growing Smarter law has changed regarding certain public process requirements subsequent to our general plan being approved in 1999. More specifically, our general plan process requires a 60 day review period between the Planning & Zoning Commission hearings and the City Council hearing, whereas state law requires a 60 day review prior to both Planning & Zoning Commission and City Council hearings. Additionally, our existing general plan does not specifically require Planning and Zoning Commission hearings at different locations, or the distribution of major plan amendments to outside agencies for their review, as current state law directs Finally, the existing general plan provides for a 30 day appeal process whereas state law provides other remedies The Planning and Zoning Commission has reviewed this matter and forwards the following recommendation to the City Council Planning and Zoning Commission Recommendation At their June 22, 2010, meeting, the Planning and Zoning Commission held a public hearing and voted 6-0 to recommend City Council approval of a minor general plan text amendment to the subsection entitled `Synopsis of the Major Amendment Process, which is located within Chapter 11 (General Plan Elements), Section A 5 (Definition of Major and Minor Amendment) See proposed Resolution 10-27 Staff Comment: Staff presents this item tonight for public hearing and council action with the following recommended motion Recommended Motion "I move that the City Council (approve/deny) Resolution 10-27, a minor text amendment to the existing City of Apache Junction General Plan, Chapter II General Plan Elements, Section A.5 Definition of Major and Minor Amendment Attachments - Excerpt from General Plan, Chapter II, Section A 5 (existing language) - Proposed Resolution 10-27 Existing General Plan Process — — ,i` g,PCHf , o`` G1'q P T *Compatibility is defined as The characteristics of different uses or ii o activities that permit them to be located near each other in harmony and t without conflict A RI20NP' ell v., Procedures for General Plan Amendments In pursuant to Anzona Revised Statutes •The Director has the responsibility to determine tf a project meets the major or minor amendment 'µ criteria After that determination the proposal follows the General Plan amendment case process f. •The City Council will consider major amendment proposals to the General Plan once a year A. i:- •Proposals must be heard within the same calendar year they are submitted ,< •A 2/3 majority vote of the City Council is needed for approval •All major amendment applications must meet the Citizen Review requirements provided in the state statutes for"effective,early and continuous public participation in the development and major 1, amendment of the General Plan from all geographic,ethnic and economic areas of the municipality" } Synopsis of the Major Amendment process and schedule*MTh \ I Application submittal } --)— ,. �, 2 Proposal review by staff 3 The Planning and Zoning Commission holds two public hearings on a Major Amendment proposal and one public hearing on a Minor Amendment proposal The Commission forwards its recommendation to the City council 4 There is a 60 days public review period between the second P&Z hearing and the Council eiN hearing date 5 The City Council holds one public hearing If the council creates"substantial"changes to the r' P&Z recommendation then the proposal goes back to the P&Z 6.If the Council approves the proposed amendment a resolution is adopted amending the General Plan,subject to a 30 day appeal Apache Junction General Plan 20 ,` PIN RESOLUTION NO. 10-27 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A MINOR GENERAL PLAN TEXT AMENDMENT CASE GPA-1-10, A CITY- INITIATED TEXT AMENDMENT TO THE 1999 CITY OF APACHE JUNCTION GENERAL PLAN CHAPTER II, GENERAL PLAN ELEMENTS, SECTION A 5, DEFINITION OF MAJOR AND MINOR AMENDMENT WHEREAS, the Mayor and City Council, on November 2, 1999, adopted the City of Apache Junction General Plan, and WHEREAS, the Mayor and City Council understand that changes occasionally need to be made to the General Plan to allow for new and impending development proposals and opportunities, to keep current with land planning concepts and ideas, and to comply with changing state law, and WHEREAS, the state's Growing Smarter law has changed regarding certain public process requirements subsequent to the City's general plan being approved in 1999, and WHEREAS, the City desires general plan compliance with state law,and WHEREAS, the Planning and Zoning Commission on June 22, 2010, recommended City Council approval of certain minor general plan text changes by a vote of 6 to 0 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT. Case GPA-1-10, a City-initiated General Plan Minor Text Amendment to Chapter II, General Plan Elements, Section A 5, Definition of Major and Minor Amendment, subsection entitled `Synopsis of the Major Amendment Process and Schedule' (attached as Exhibit A), be approved and adopted. 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 RESOLUTION NO 10-27 PAGE 1 OF 3 ATTEST KATHLEEN CONNELLY City Clerk i APPROVED AS TO FORM RICHARD JOEL STERN City Attorney RESOLUTION NO 10-27 PAGE 2 OF 3 The section entitled"Synopsis of the Major Amendment Process and Schedule" identified in the City of Apache Junction General Plan Chapter II, General Plan Elements, Section A 5 Definition of Major and Minor Amendment, shall be amended as follows (note strikethrough text to be deleted and underlined text to be added). Synopsis of the Major Amendment Process and Schedule 1 Application submittal 2. Proposal review by staff 3. At least 60 days before major amendment to the General Plan is noticed for required public hearings before the Planning and Zoning Commission and City Council, the major plan amendment shall be transmitted to the Apache Junction Planning and Zoning Commission, Apache Junction City Council, all county, regional, and state agencies required by state law, and any person or entity that requests in writing to receive a review copy of the proposal 4. The Planning and Zoning Commission holds two public hearings at different locations within the community on a Major Amendment proposal and one public hearing on a Minor Amendment proposal The Commission forwards its recommendation to the City Council 5 There is a 60 days public review period between the second P&Z hearing and the ouncil hearing-flute- 5 The City Council holds one public hearing If the council creates substantial changes to the Planning and Zoning Commission recommendation then the proposal goes back to the Planning and Zoning Commission 6 If the Council approves the proposed amendment, a resolution is adopted amending the General Plan, and it shall become effective as provided by state law subjeet-te-a--30-day apPeab RESOLUTION NO. 10-27 PAGE 3 OF 3 ROLL CALL VOTE NOTES: \ / ?p,,J)' ITEM # MEETING OF 11J MOTION BY. SECONDED BY g'(7 /ES NO ABSTAINED COUNCILMEMBER BARKER y COUNCILMEMBER WILSON I VICE MAYOR ECK I COUNCILMEMBER SERDY v MAYOR INSALACO UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL V Oak ram► • ITEM NO. 17 I MOVE THAT RESOLUTION NO 10-27, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A MINOR GENERAL PLAN TEXT AMENDMENT, CASE GPA-1-10, A CITY-INITIATED TEXT AMENDMENT TO THE 1999 CITY OF APACHE JUNCTION GENERAL PLAN CHAPTER II, GENERAL PLAN ELEMENTS, SECTION A.5,DEFINITION OF MAJOR AND MINOR AMENDMENT, (BE APPROVED) OR(BE DENIED). ROLL CALL VOTE NOTES l lii 7 $ 14/. ITEM # 1 A MEETIN OF q1/140 1$\3 (1/ 1 MOTION BY SECONDED BY: YES NO ABSTAINED VICE MAYOR ECK COUNCILMEMBER WILSONj; V; COUNCILMEMBER BARKER V COUNCILMEMBER SERDY MAYOR INSALACO UNANIM US IN FAVOR OPPOSED ABSTAINED TOTAL /� 011114 Adi /M►, • ITEM NO. 18 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M. AND A WORK SESSION AT 7 00 °Im'` P M BE HELD ON MONDAY, AUGUST 16, 2010, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY, AND THAT AN EXECUTIVE SESSION AT 5.45 P M BE HELD ON TUESDAY, AUGUST 17, 2010, IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M ROLL CALL WS: /IP1� REG: 4 Q SPEC: gb ii CITY COUNCIL. P y V// A P / A P' / A _ MAYOR INSALACO 7 ✓ VICE MAYOR ECK J V COUNCILMEMBER BARKER / / COUNCILMEMBER COLEMAN / / / COUNCILMEMBER DIETZ (/ V COUNCILMEMBER SERDY ✓ 7, V COUNCILMEMBER WILSON iV (/ TOTAL 5 gl 9 c9i 5 d' CITY STAFF. / , j City Manager George Hoffman V Assistant City Manager Bryant • / Powell V City Clerk Kathleen Connelly j/ V/ /City Attorney Joel Stern / / / Public Safety Director Jerald / i / Monahan �► City Engineer Giao Pham Parks & Recreation Director Jeff Bell Finance Director Donna Meinerts V Public Works Director / / David Fern ✓ 1/ Development Svcs Director / / Brad Steinke 1/ ►/ Human Resources Director Liz Riley Planning Manager Fred Baker / Economic Development J / / Director Steve Filipowicz Assistant to the City Manager V Matt Busby OTHERS: ?\,,1 0,P6,1141 I' ii.F IA 4 1 'r, ly a • dIrel (11 fi 1 i Date: ' & �$ - 16 City of Apache Junction (tern No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes/ No❑ Only If Necessary ❑ 2,- to—1 a ; t,c) orb A ti u �� G _.giJ 7- ,C i3ie/4 /� E I am in favor of the proposed Item. ❑ I am oppose to the proposed Item. p p p p p p 1 assssn Name (Print) s// e-rus D Ir? Address City Zip Code Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09