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HomeMy WebLinkAbout2010 10.05 City Council Regular Agenda PLEASE FILL OUT A"REQLJF4T TO SPEAK"FORM IF YOU WISH TO ADDRE$SkTHE COUNCIL AT CALL TO THE 'UBLIC OR ON ANY NON-PUBLIC HEARING 1. r'......\\ Citya Apache Junction \\<, ..,:ii Home of the Superstition Mountains APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA October 5, 2010 7:00 PM A. CALL TO ORDER. B. INVOCATION AND PLEDGE OF ALLEGIANCE. c• ROLL CALL. D. CONSENT AGENDA. The Council may,at this time,take single action on any or all items listed as consent agenda items These items may include,but are not limited to,acceptance of agenda,acceptance of minutes,appointments,acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The Consent Agenda is a timesaving device of which the Mayor and City Council is to receive documentation on these items from the City Manager for their review prior to the meeting Any member of the Council may remove any item from the Consent Agenda for discussion and cause a separate vote on the matter later in the agenda 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of September 7,2010. 3. Approval of Minutes of Regular Meeting of September 21,2010. 4 Consideration of retroactive approval to purchase the city's phone system,software and upgrades through Avaya .•. Financial Services in an amount not to exceed$229,806.30. This item was discussed at the August 16,2010 Work Session as a lease purchase However,after discussion with Avaya representatives,staff recommends purchase for ownership of the system and equipment in an amount not to exceed$229,806 30 5. Consideration of award of bid,PW 2010-13 equipment and labor to crush recycled asphalt concrete for the City of Apache Junction,to Sunland Inc,Asphalt and Sealcoating in an amount not to exceed$182,500.00. Five bids were received in response to the solicitation. Staff respectfully requests city council approval and award of this bid to Sunland Inc,Asphalt and Sealcoating in the amount of$182,500 00 6 Consideration of Professional Services Agreement with East Valley Adult Resources,inc.in the amount of$26,432.00 for the Ride Choice Program for Fiscal Year 2010-2011. Council discussed the continuation of the Ride Choice Program at the October 4 work session Approval of this agreement will allow the city residents who are seniors over 60 years of age and adults over 18 years of age with disabilities to have a driver reimbursed on • a per mile basis for providing transportation to medical appointments,errands,etc 7. Consideration of professional services agreement with Apache Junction Chamber of Commerce for operation of a local visitor information center. As discussed at the Septembe 20 work session,the Apache Junction Chamber of Commerce was the only responder to a Request for Qualifications for visitor center services This contract would be for the time period of October 1,2010 to June 30,2012 at$3,000 per month for a total of$63,000 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards,presentations from other organizatiou.srproclamations issued by the mayor,and acknowlQement of distinguished guests and visitors,and staff presentation of receipt of gr, .)r donated funds are permitted at this time None F ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events However,no discussion shall take place on such items except for clarifying comments related to substance,time and location G• CITY MANAGER'S REPORT. The City Manager,members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City There shall however be no discussion at this time except for clarification inquiries 8. MANAGER'S REPORT. 9. PRESENTATION AND DISCUSSION ON THE CITY'S 2010 HOLIDAY EVENT. Parks and Recreation staff will provide an update on the city's 2010 holiday event H. PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak.All remarks shall be addressed to the Council as a whole and not to any member thereof Such remarks shall be limited to five(5) minutes unless additional time is granted by the Mayor This time limitation shall not apply to applicants and their agents appearing before the Council 10 RESOLUTION NO.10-32,DECLARING THE CODE OF THE CITY OF APACHE JUNCTION,ARIZONA, VOLUME I A PUBLIC RECORD(WITH THE EMERGENCY CLAUSE). As discussed at the August 16,2010 Work Session,this is the first official step in the process to adopt the recodified and reformatted City Code Adopting the code in this manner will save extensive legal advertising costs 11. ORDINANCE NO.1367,ADOPTING THE CODE OF THE CITY OF APACHE JUNCTION,ARIZONA,VOLUME I BY REFERENCE(WITH THE EMERGENCY CLAUSE). As discussed at the August 16,2010 Work Session,this is the final step in the process of adopting the recodified and reformatted City Code. 12. PROPOSED ORDINANCE NO. 1368,ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "APACHE JUNCTION CITY CODE VOLUME II LAND DEVELOPMENT CODE" REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY. Volume II of the City Code has been revised,reformatted,and recodified and is ready for public hearing 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 13. ACCEPTANCE OF R.E.ECK'S RESIGNATION AS VICE MAYOR AND DISCUSSION AND POSSIBLE ACTION ON VICE MAYOR RE-SELECTION. R E Eck has submitted his resignation as vice mayor with a reversion to councilmember status Consequently,the council may select a councilmember to assume the vice mayor duties for the period from the selection date through June 7,2011 14. ANNUAL APPOINTMENTS/REAPPOINTMENTS TO BOARD OF ADJUSTMENT,LIBRARY BOARD,PARKS AND RECREATION COMMISSION AND PLANNING AND ZONING COMMISSION. At the October 4 Work Session council interviewed the candidates for appointment and/or reappointment for these boards and commissions This item gives the council the opportunity to make the appointments/reappointments to these boards and commissions this evening K• COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City carol to direct staff on specifically listed matters 15. COUNCIL DIRECTION 10 STAFF CONCERNING NEAR-TERM DOWNTOWN IMPLEMENTATION STRATEGY. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 16. EXECUTIVE SESSION AT 5:45 P.M.AND WORK SESSION AT 7:00 P.M.FOR MONDAY,OCTOBER 18,2010. 17. EXECUTIVE SESSION AT 5:45 P.M.FOR TUESDAY,OCTOBER 19,2010.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 no later than the conclusion of the City Manager's Report portion of the agenda If there is a group speaking on the same item,they should select .••. a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly,uncivil,makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act.The Council may not answer questions of the speaker,discuss the matter with one another,but may,at the conclusion 1) respond to criticism by a speaker;2)ask the City Manager to review a matter,3)ask the City Manager to place the matter on a future agenda Each speaker must approach the podium,speak into the microphone,provide their name and address.There is a three(3)minute time limit per speaker N ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through 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 SEPTEMBER 7, 2010 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on September 7, 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 : 07 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 Councilmember Dietz Councilmember Serdy Councilmember Wilson Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Public Works Director David Fern Development Svcs . Director Brad Steinke Economic Dev. Director Steve Filipowicz Others Present : Program Coordinator Heather Patel Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 1 OF 29 Business Advocate Janine Solley ACCEPTANCE OF CONSENT AGENDA Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE PURCHASE OF A STREET SWEEPER FROM H & E EQUIPMENT SERVICES THROUGH HGAC CONTRACT #SW04-10 IN THE AMOUNT OF $193, 336. 32, WITH $173, 000. 00 OF THAT TOTAL BEING FROM .-. A CONGESTION MITIGATION AND AIR QUALITY GRANT AWARDED TO THE CITY JUNE 30, 2010 AND AN AMOUNT NOT TO EXCEED $20, 336. 32 BEING PAID BY THE CITY; AND THAT APPROVAL BE GIVEN FOR THE EMPLOYMENT AGREEMENT BETWEEN THE CITY ATTORNEY AND THE CITY OF APACHE JUNCTION; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT THE AWARD OF BID FOR PR-10-1, LANDSCAPE MAINTENANCE OF RENAISSANCE POINT, ARROYO VERDE, PHELPS DRIVE PHASES I AND II, IRONWOOD COVE, ROYAL PALM ROAD, IRONWOOD DRIVE EXIT, GOLDFIELD ROAD EXIT, AND TOMAHAWK ROAD EXIT, BE AWARDED TO SOMMERSET LANDSCAPING IN AN AMOUNT NOT TO EXCEED $78, 535 . 60 . Councilmember Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Vice Mayor Eck commented people come here and go to our lakes, and that is what we want them to do. The Apache Junction News reported yesterday that in the last couple of months two bighorn sheep have been poached up by the lake. They have not found two bighorn sheep poached in the last 20 years . They are a precious animal. He thinks everyone should be aware of it as one never knows when someone might brag about doing something like that, REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 2 OF 29 or they may come across something like that. It is very disheartening to him. He knows a lot of folks that come out to watch them. They will not be able to watch them if they keep shooting them, as there are only about 250 in the herd. Councilmember Serdy commented a couple of weeks ago at the work session he presented the tourism and promotional flyer that the focal point/tourism committee had been working on. He announced they are finished with them. The Chamber has them. He has some samples with him. They will be distributed throughout the valley and to other chambers . It is a slow process but it will hopefully bring more people into the area. Also, tree lighting has started. A couple of weeks ago Councilmember Barker purchased one and it was lit up in a ceremony. The goal is to light up everything in the downtown park. When those are lit, they will continue lighting throughout the city. Now as the days are getting shorter, it will create an atmosphere, be a way to brighten up the city and make it more of a destination. They are also selling bricks at the monument. It will be on the city website in the future. If they want information now, they can talk to Councilmember Barker, Loretta Hill on the committee, or Roger Hacker at the city. Mayor Insalaco commented two weeks ago he and Councilmembers Wilson, Serdy and Coleman attended the League of Cities and Towns Conference in Glendale. It was done very well and it seemed all they heard was gloom and doom from every city that was there. Apache Junction is not the only one in the tight boat, but he came away with a better feeling than what he went with. Even though we are doing kind of poorly, we are better off than 90% of the other cities in the valley. ak Mayor Insalaco presented Councilmember Dietz with his 12-year service award from the League of Cities and Towns since he was unable to attend the conference. Mayor Insalaco visited the new clinic today that is being rebuilt in the old Osco building on the corner of Southern and Ironwood. The doctors who built the hospital are putting in a clinic that should be open in October or November. CITY MANAGER' S REPORT REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 3 OF 29 City Manager George Hoffman commented on the Public Library Plan 2010-2015, the new Superstition Mountain Mental Health site on Plaza, and the development at Central Arizona College. PUBLIC HEARINGS APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO. , SERIES 10 LIQUOR LICENSE FOR APACHE MINI MART) r. City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. The applicant declined to speak. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. Councilmember Coleman MOVED THAT THE APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO. , SERIES 10 LIQUOR LICENSE FOR APACHE MINI MART, SUBMITTED BY MAHMUD A. AUJANI, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION H.O.G. CHAPTER INC. City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. The applicant did not address the council as there were no questions for the applicant. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 4 OF 29 the item to council discussion. There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION H O.G. CHAPTER INC. FOR OCTOBER 7, 2010, SUBMITTED BY MARK LERESCHE, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. DEVELOPMENT FEE APPEAL FROM JOHN AND JOANNE FAIRMAN Development Services Director Brad Steinke briefed the council on the item. Councilmember Barker asked him what he sees as a possible resolution to this . Development Services Director Brad Steinke stated when he has talked to the development fee consultants, they were leery of any time period by which you replace and then charge a fee. They have suggested a ten year period of time, but it is something the city has to look at . Staff may come back to council and say that they are going to take that entire term out of the ordinance. Councilmember Coleman commented what they are saying is that the city should not have any time limit. If there is a home there that has been removed, than at any time another home can go there without an increase in usage. He asked why they had the time limit in the first place. Development Services Director Brad Steinke stated the ordinance that had that in was created by a consultant that we had prior to the consultant we currently have. He thinks it followed through from years ago up to the REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 5 OF 29 present. They will re-examine that and other elements of the development fees. He thinks the current consultant is uncomfortable with that in the ordinance. Vice Mayor Eck commented he had a lot like this with a trailer on it that was a 1961 . He wanted out, so he sold it . The first thing the new owner did was get rid of that awful trailer. Now he is stuck with the bare lot and he is in the same situation. All of the situations .•. he has seen where they take it off have been because of the aesthetics of the mobile home. They are usually not even livable. He would like the idea of voiding that part of the ordinance. Someone has already been there at sometime. He does not think it will come up that it will change the revenues on the city that bad. It gives the people the incentive to fill that lot with something that is newer. He likes the ten years or longer. Councilmember Coleman asked if by the consultant being uncomfortable it meant that they do not feel it would hold up in court if it was litigated. Development Services Director Brad Steinke stated he is uncomfortable with giving legal advice like that. Councilmember Wilson commented a person who lives near him removed an old trailer because they found transit people that were living in it and using it. They removed the trailer that was not suitable for someone to live in. They did not realize that they would fall under this . There has not been a home put up on it since because they are faced with this $9, 000 plus fee. They are upset with themselves for pulling something off but they did it because they were afraid of possible legal problems with having a transit person on their property. Vice Mayor Eck commented it makes them keep that old trailer on there if we do not do this . He thinks they see where they are going with this one and where they may be going in the future with this ordinance. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 6 OF 29 Mayor Insalaco requested the applicant address the council. Mr. John Fairman stated he has owned the property since 1982 . There have been renters on the property. There is no reason to have him pay a fee in order to put his modular home on the property that he had bought over 6 weeks ago. It is a brand new, 2009 modular home. He plans on /1.l.+ putting a garage on it and moving onto the property himself. He asked that the fee be waived. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council . He commented on a property he bid on in the city and his development fee concerns . He requested they get rid of them or have them the same across the city for everyone. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT THE DEVELOPMENT FEE APPEAL FROM JOHN AND JOANNE FAIRMAN TO WAIVE THE REQUIRED $9, 508 DEVELOPMENT FEE FOR PLACEMENT OF A MOBILE HOME ON THEIR PROPERTY LOCATED AT 2143 N. APACHE DRIVE BE APPROVED. Vice Mayor Eck SECONDED THE MOTION. VOTE: Unanimous . The motion carried. USE OF FISCAL YEAR 2010 STATE SPECIAL PROJECT FUNDING ) Program Coordinator Heather Patel briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 7 OF 29 Vice Mayor Eck asked if the road would come in front of the new building being built . Mayor Insalaco stated it would be south of that building. Vice Mayor Eck commented he thought it was south of Superstition. Program Coordinator Heather Patel stated it is south of Superstition on Plaza Drive. That is the first portion. Councilmember Barker stated that is with a grant. Program Coordinator Heather Patel stated that is correct . That is the CDBG application. Councilmember Barker commented that is already taken care of. Program Coordinator Heather Patel stated that is done. It is 660' , and they would continue to go from that point further on down into the plaza. Councilmember Dietz stated the $300, 000 for Plaza Drive would be for the west side where the other grant leaves off. This would continue it down to where Plaza ends as far as it being a city road. Program Coordinator Heather Patel stated that is correct. Councilmember Dietz stated this finishes paying for the rest of the road. Program Coordinator Heather Patel stated that is correct. It would be both east and west, if applicable, depending on the engineering that is completed for the second part . The second grant is for the whole thing. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 8 OF 29 Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council . He commented on grant money going towards big developments. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. Councilmember Barker commented they were told they could only request up to $300, 000 and it could only be one project. Program Coordinator Heather Patel stated that is correct. Vice Mayor Eck commented there is a road going from Superstition on Plaza only so far where it then stops at an older road that does not continue on. He believes this grant will then complete this road on both sides . Program Coordinator Heather Patel stated that is correct. If this is selected, Plaza Drive would be completely redone to Superstition. Vice Mayor Eck asked if this would complete it up to where the businesses start . Mayor Insalaco stated that is correct. The road ends where the businesses start as that is private property. Vice Mayor Eck stated otherwise they will have a real nice road but it stops where the buildings are at. Councilmember Barker stated that is correct unless the property owners decide to fix it. It appears to her they have on tonight' s agenda a discussion on the downtown redevelopment that includes this area, and they also REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 9 OF 29 have the general plan which also includes this area. It is the same basic thing they are talking about with this particular road. They can either have half a road or finish it up. If we leave half a road, it will create a problem. If they finish it up, then that creates its own thing. It seems to her it would be smarter to go ahead and finish the road up and go on to the next project. Councilmember Dietz agreed. Vice Mayor Eck asked what half the road is . Councilmember Barker stated the CDBG grant will take up about the first 600' ; that is already done. Vice Mayor Eck commented she means on Plaza. Councilmember Barker stated that is correct. The work is not done, but the grant is already done. Vice Mayor Eck commented she is talking about half of the total length of the road is already done. Councilmember Barker stated that is correct . Vice Mayor Eck commented he thought she was talking about only doing the building side of the road when she said half the road. It was his mistake. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Coleman MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE SELECTION OF THE PROJECT TO BE SUBMITTED FOR FY10 SSP FUNDING AND THE PREPARATION OF THE APPLICATION AND ALL RELEVANT MATERIALS REQUIRED FOR APPLICATION SUBMISSION: THAT THEY REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 10 OF 29 PREPARE THOSE DOCUMENTS FOR THE DOWNTOWN REDEVELOPMENT PROJECT, PLAZA DRIVE IMPROVEMENTS. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. PROPOSED RESOLUTION NO. 10-34, ACCEPTING AND ADOPTING THE DOCUMENT ENTITLED "DOWNTOWN REDEVELOPMENT AND IMPLEMENTATION STRATEGY" ) Business Advocate Janine Solley briefed the council on the item. Mr. Ed Gawf, G & G Consulting, gave a presentation including having a shared vision, goals and strategies . He commented that implementation is more important to talk about than the goals and strategy. They need to move quickly, smartly, and use the plan. He gave examples of different events that will sell the downtown. They need to produce results early and invest this year on specific visual improvements . Keep a public scorecard of activities and results. They have identified the priorities and council and staff need to identify the lead person. City Manager George Hoffman ,,W stated what makes this plan different from those the council and community have seen before is that it is cohesive, comprehensive, it takes a near term view and gives a long term strategic view. Most importantly, it translates good planning into practical application and concrete tasks. It sets forth 5 guiding principles : a unique identity or branding, a three zone concept, work on the Apache Trail median, the revitalization and economic vitality and the downtown four. Each of the goals will be translated into strategies. He gave council the example of goal 2 . 2 of the three zone concept . This task will take some real work, be he believes staff and the council are up to it. Ed is recommending that he bring a quarterly report back publicly to the council on the items they will be working on REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 11 OF 29 regularly. They are looking at a flat or declining revenue scenario. There will be many things that compete for the money for the downtown. He believes they need to integrate the thinking and work plan of the focal plan group into this project. The grants discussion tonight is the kind of decision they will be faced with time and time again, and if they make it clear that the downtown is a priority then simple things like street improvements will come to fruition. A key point made by Ed was it is critical to keep going and not let the best be the enemy of the good. If they champion that, the community will understand why they will only build 660' of road this year and the rest next year or two years later. Included in this year' s budget is Plaza Drive, Apache Trail median from Idaho to North Apache Trail, decorative lighting installation at the focal point and other three intersection corners, construction drawings for North Apache Trail from Apache Trial to Idaho, the northwest corner of Apache Trail and North Apache Trail, landscape enhancements, downtown identification signage, platform for the marquee and perhaps doing the marquee, initiation of the branding concept, painting of light fixtures and traffic signals on Apache Trail, and installing 5 new downtown directional signs. This is the largest project the city will have undertaken if this is approved. Councilmember Serdy asked how people will be able to see this and view it . City Manager George Hoffman asked if it is on the G & G Consulting site. Mr. Ed Gawf stated it will be on their site. It is already on the city site. Aft. City Manager George Hoffman stated it will be available through the Internet . Mr. Ed Gawf stated it will also be put on a computer disk so that they can make more copies. Vice Mayor Eck commented he loves the monument signs and would like to have them at all the entrances to the city, especially a huge one at US 60 . He would REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 12 OF 29 ... 0. like people to know when they hit Apache Junction. He likes what he said about the median. They have never really known exactly what they were going to do with it. He likes what his idea is; to make it look nicer as it is not going anywhere. He asked if they could landscape it and beautify it in a way to keep labor costs down. Right now parks and recreation or public works guys are out there twice a month grading the median. He would like to keep that in mind. Ordinance No. 940 requires so many plants and trees . Sometimes they require that, but the trees are getting in the way of the business signs, such as the credit union by Harley-Davidson. He suggested everybody think of these things. Mr. Ed Gawf stated the landscaping for the first section is being done in house. City Manager George Hoffman stated Nick Blake will be bringing back a draft design to them this fall. Mr. Ed Gawf stated it will lower the cost significantly versus going out . They have to do things quickly but be smart about it. They have also found someone who will put together a sign template for not very much money because everyone needs work these days . They will get a template that will allow them over the next 5 to 15 years as these 5 to 10 signs are being built, to have a consistent theme that is attractive. They are looking at ways to economize. Landscaping needs to make sure that it is still a commercial street. That will be considered as part of the landscaping design of the median and as part of the development approval process. They are also looking at revocable permits or encroachment permits allowing lower level signs to be closer to the road and be under the tree canopy. They have recommended that each section be looked at for its own sort of sign requirements. There are opportunities that have not been taken full advantage of. Vice Mayor Eck commented he really liked what he and Janine said, that they keep going and have celebrations . They get something done no matter how big it is, just get things done. If you do not, people will notice REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 13 OF 29 there is nothing getting done. He likes the way they speak. He and Janine are doing a great ]ob. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council. He stated it was interesting about putting these plans on the shelf. He is concerned as there is still no transportation in these plans . They spent a lot of money 10-12 years ago on a plan that was well supported by the people and they have not seen it since. He hopes it will resurface in this downtown strategy. They need to remember the people . He asked if any of them would take a pledge to not go over budget like they did on this building and several others. Mayor Insalaco stated they did not go over budget . He is tired of Mr. Fisher saying they went over budget. They decided to add things . He is tired of his saying they went over budget on this city hall. Mr. Elliott Fisher stated it was in the paper. Mayor Insalaco stated they did not go over budget . They added things to the city hall. Mr. Elliott Fisher apologized. He commented on Mayor Daly putting planters in throughout the City of Chicago and he took a lot of heat for it. When it was done, the tourism went up and the image went up because of those planters . They were cheap but they helped. They do not have to spend a lot of money but they have to consider the people and how they are going to get there. Mr. Jeremy Hoenack addressed the council. He commented he applauds the plan. He thinks it is very good and likes the fact that it deals with the transition area and different perspectives . It is great the city is looking at economic development, along with latitude on nonconforming properties and additional signage. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 14 OF 29 Ms . Liz Reynolds addressed the council. She stated Jeremy owns the building that Jakes-0- Mine is in. They looked at ways they could increase business . One of the biggest issues is it being seen by customers from the street . It is a real concern and Jeremy is looking to buy a new sign. She asked if there is a procedure in place for them to look at. City Manager George Hoffman commented they will ask Janine to follow up and find out the details of her question and her interest and see where she can help. Councilmember Dietz asked if they are taking the existing sign down that has all the other businesses on it and rebuilding it . Ms . Liz Reynolds stated she did not know, she was here asking for help. Jeremy has all the statistics . Councilmember Dietz commented they should get with Janine. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. Councilmember Barker thanked G & G for taking those early Arizona Main Street plans and folding them right into this . The public that has been here for .•► awhile should recognize a lot of this . A lot of the drawings are very similar. It is something they wanted 20 years ago and appear to still want, which is nice to know. The public has retained a focus on what they want. She added for Mr. Fisher' s benefit that the transportation item is in here but he will have to read it on the web. Councilmember Serdy commented if they will remember, he did a presentation three years ago on the medians just as the economy starting tanking. He thinks that some of the Main Street businesses will kick in and help as well. Fry' s just did a big expansion. He thinks that once this REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 15 OF 29 starts happening, they can revisit it. Superstition Harley wants to kick in. There will be other opportunities to spread the cost out among the people in front of their businesses . Vice Mayor Eck agreed. It is all about business in the long run. It is about economics . Mayor Insalaco closed the item with no further discussion and called for a ten minute break. Mayor Insalaco reconvened the meeting. RESOLUTION NO. 10-35, APPROVING THE PROPOSED 2010 APACHE JUNCTION GENERAL PLAN Development Services Director Brad Steinke briefed the council on the item. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council. He asked if this is state law that this goes to the voters or if the city is doing this on its own. He is glad to see it. Mayor Insalaco stated it is state law. Mr. Elliott Fisher stated it was not the case of it going to the voters 10 years ago. There were a lot of town hall meetings and there seemed to be a lot more public involvement during that process. This one seemed to go through quietly with not much being said. If it goes to the votes, more will be hashed out. He has not seen the document, but in general, the city seems to do what it needs not what the public needs . Mr. Bryan Martyn, Pinal County Supervisor, 575 N. Idaho, Apache Junction, addressed the council. He advised the county thanks them for working so REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 16 OF 29 diligently and appreciated the public involvement that he attended. They were responsive and made changes that demonstrated their willingness to see if recommendations would work. It is a good plan and demonstrates that the city is progressive and is looking at what it wants to be. The residents are given an idea of where they want the businesses to be and where they can raise their kids. It is a tool that allows them to grow in a predictable manner. Ms . Michelle Green, State Land Department, 1616 W. Adams, Phoenix, addressed the council. She echoed Supervisor Martyn' s comments about the involvement that has gone on during this plan. Staff has worked very hard to keep State Land involved. There is a good working relationship. It was done internally with very little resources. She believes it is a good plan. They have three issues. First is the planning area boundary, ongoing for years since the Superstition Vistas project. Several cities are working cooperatively and her department has asked all the cities to not extend planning area boundaries until the planning effort is complete. There was a tentative agreement in 2007 regarding this. They think it is premature. The second point is the master planned community designation should apply to other areas of the city besides State Land. It is meant to apply to areas 640 acres or greater. The third issue is the wildlife corridor. There is a goal relating to wildlife corridors that is very specific to State Trust Land. It talks about preserving them on State Trust Land. Wildlife corridors are a good thing to do, but it should not be based on land ownership patterns . It should be based on wildlife studies and science. There should be appropriate methods to acquire the land for wildlife corridors. State Land manages 9.2 million acres in trust and we have a judiciary obligation to raise money for the benefit of the beneficiaries of that land. It is not really public land. They have to be concerned and mindful of how the land is used. They have to make sure the beneficiaries, the largest of which are the schools, are compensated for what happens on the land. Another issue not in the letter, but reading through the comments on the plan, is the trails. She brought with her a brochure that talks about how to get trails on State Trust Land, what can be done on it and how to get recreation from it . REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 17 OF 29 Mr. Wayne Standage, 1920 E. 29th Avenue, Apache Junction, addressed the council . He stated there are 2 issues today: the G & G Consultants plan and the general plan. He is retired and enjoys research. He has talked to staff on both issues; they have been available and listened. They emailed copies for his review. There is no hidden agenda. Everything is public. This works for him. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. Councilmember Coleman commented he appreciated the comments given thus far. He appreciated Ms . Green' s comments about this being premature, but the general plan is only voted on by the community once every ten years. This is our opportunity to let others know what our intentions are. We have been very consistent with our message. The first time he talked about the south corridor being a growth potential publicly as an elected official was in 1991 when Mayor Mark Schnepf of Queen Creek was the chairman of a regional landfill siting committee, and they were proposing to put a regional landfill down there. He spoke against the landfill saying that is the one direction Apache Junction can grow. Their message has been very consistent that way for a long time. He asked if it is noted anywhere that our real intention is to go to the north side of the 802, wherever that is located. Development Services Director Brad Steinke stated the planning area map in words underneath states "final planning area boundary in this area to be determined upon final freeway alignment and in conjunction with the Town of Queen Creek". We do not know yet, but when we do, we will get together and adjust it as necessary. Councilmember Coleman commented he does agree with the two other recommendations in the State Land letter. He does not think those two items should be owner specific. He asked if it needs to be in the resolution. Development Services Director Brad Steinke stated there may be some other changes they wish to REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 18 OF 29 make. He requested they list them all. Others may have some as well. He agreed that she is correct in both of those. He can make those adjustments by pulling out the specific reference to a property owner. Councilmember Wilson commented the city has had the opportunity to talk to several of the council members from Queen Creek. During these conversations he was sought out by them. They knew they had voted on and sent a letter to us regarding the overlap. They said they understand and wanted to make sure that he understood and the city council understood that it is an area we can all work together on. They encouraged communication. The overall gist of the conversation was to stay in communication and work together on that area. He commented in Chapter 5 he and Brad had talked about alternative modes of transportation. He understands bicycles and electric vehicles. He asked if they could add a horse-drawn cart or carriage and have them follow the state rules of the road. In Chapter 5 strategies, he would like to see them add equine friendly crosswalks where they are marked a little different than normal pedestrian crosswalks. He would also like an equine friendly traffic signal with a button higher up for equine traffic at major intersections . In Chapter 9 he would like to add horse and cart traffic having the ability to get the keys from parks and recreation to go through the gates to use the trail system. And in Chapter 11, map 11-2, it lists 17 and 18 as Animal Control and Public Works, but they are missing on the map. Numbers 13 and 14 were put in their places on the map, which are two of the schools . They are on the map twice. He believes it is just an oversight. .-. Councilmember Barker commented she would like to see a word change on the map. She would like to see the words "in this area" on that map changed. It would read better and be more clarified if it said "the final plan of the southern boundary". That way whoever looks at it will realize they are not talking about the entire area. Development Services Director Brad Steinke agreed. Councilmember Barker commented Ms . Green mentioned something about trails on State REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 19 OF 29 Land. She was interested in how that might fit in the general plan or if it needs to be in the general plan. She asked if it is a process she was talking about. Development Services Director Brad Steinke stated it does not hurt to put in under the Circulation Goals and Objectives to work with State Land Department on properly identifying and implementing the trail system through State Trust Land property. Assistant City Manager Bryant Powell commented one area he wanted to look at was the southeast corner of the freeway and Tomahawk, across the street from Earnhardt' s . It is showing high density residential. Rudy and he were checking the definition of major plan amendments. They have had people in the past come in and check about rezoning it to commercial. He would like to avoid a major plan amendment if someone comes in. There was general discussion on the two properties north of the Denali Mobile Home Park. Development Services Director Brad Steinke stated a residentially zoned property in the general plan to be rezoned to a commercial property would be a major general plan amendment. He asked if they wanted to recolor those properties or put a paragraph in the major plan amendment stating this does not apply to that property. He would feel more comfortable to paint it commercial. He asked how many acres were involved. Senior Planner Rudy Esquivias .-. stated it is under 10 acres. Development Services Director Brad Steinke stated if it is less than 10 acres it does not qualify for a major planned amendment. Since they do not have the survey in front of them, he requested they give him direction to change it if it is over 10 acres to commercial land use and to leave it alone if it is less than 10 acres . Vice Mayor Eck asked if the south side was county land. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 20 OF 29 Senior Planner Rudy Esquivias stated the south side of the property is a county island. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 10-35, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, FINDING AND DETERMINING CERTAIN FACTS AND ADOPTING THE 2010 GENERAL PLAN, AND SUBMITTING THE PLAN TO CITY VOTERS AT THE MARCH 8, 2011 ELECTION FOR RATIFICATION, BE APPROVED WITH THE FOLLOWING AMENDMENTS: THAT FIRST IN CHAPTER 5, THAT WE ADD EQUINE FRIENDLY CROSSWALKS, EQUINE FRIENDLY ACCESS STOP LIGHTS; IN CHAPTER 9, THAT WE LOOK AT A CONNECTION FOR HORSE DRAWN VEHICLES USING EXISTING GATES WITH THE ABILITY TO POSSIBLY GET THE KEYS FROM PARKS AND REC; IN CHAPTER 11, MAP 11-2, RENUMBER THOSE LOCATIONS AND MAKE SURE THAT THEY ARE APPROPRIATE, THAT IS 17, 18, 13 AND 14; THE MAP ON 4-2, DELETE THE WORDS "IN THIS AREA" AND REPLACE THEM WITH "THE SOUTHERN BOUNDARY"; AND IN CHAPTER 4, THAT IT BE NOTED THAT THIS SHALL APPLY TO ANY PARCEL LARGER THAN 640 ACRES, THE MASTER PLANNED COMMUNITY; IN CHAPTER 7, THAT THE WILDLIFE CORRIDORS NOT BE DEPENDENT ON LAND OWNERSHIP AND THAT SOME MANNER OF ACQUISITION BE ADDRESSED; AND THAT A STATEMENT IN THE OBJECTIVES IN CHAPTER 5 UNDER ALTERNATIVE TRANSPORTATION, THAT WE ADD SOMETHING THAT INDICATES THAT WE WILL WORK WITH STATE LAND TO PROPERLY IDENTIFY AND IMPLEMENT ANY TRAIL SYSTEMS IN THAT AREA; AND THAT ON THE LAND USE MAP FOR (1) THE AREA OF TOMAHAWK AND US 60, THE SOUTHEAST CORNER, IF THAT IS MORE THAN 10 ACRES, IDENTIFY IT AS COMMERCIAL. Councilmember Wilson AMENDED THE MOTION TO ADD IN CHAPTER 5 SOME KIND OF STATEMENT ABOUT HORSE DRAWN VEHICLES FOLLOWING THE STATE RULES OF THE ROAD. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ORDINANCE NO. 1365, AMENDING THE REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 21 OF 29 CITY CODE, VOLUME I, CHAPTER 9 HEALTH AND SANITATION, ARTICLE 9-1 PROPERTY MAINTENANCE STANDARDS, SECTION 9-1-2 CARGO CONTAINERS Senior Planner Rudy Esquivias briefed the council on the item. Councilmember Barker commented it is so much clearer it actually makes sense. .-. Mayor Insalaco opened the public hearing on the item. Ms . Denise Moulson, 2094 W. Windsong, Apache Junction, addressed the council. She stated she came to the city council on March 17, 2009 regarding a semi truck trailer parked on residential property of less than a quarter of an acre. They were being used for storage containers on residential properties . She is hoping this will end that issue, whether the people are moving them or not moving them on their property. She was concerned on how it would be enforced and who would determine if it is considered a storage container. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council . He asked how long the cargo container issue has been going on. He requested they resolve it or form a commission for appeals on cargo containers or put some type of menu vote before the voters on the issue. They have the authority to put anything on the ballot. City Clerk Kathleen Connelly stated Mr. Fisher is incorrect. The council does not have absolute authority to put anything and everything on the ballot. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. Councilmember Coleman asked if the city attorney could answer the questions on who would be making the call, enforcing it and determine if it is not being moved and is being used as storage. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 22 OF 29 City Attorney Joel Stern stated the responsibility of this ordinance falls under the Development Services Department. A complaint would come in. It would be routed to the code compliance officer who has that area. They would go and check to see what kind of conditions match the complaint, and make an initial determination. Many times they are not positive so they will check with a supervisor or a planner. They would confirm the complaint one way or another. At one point there would be a notice that goes out as a violation. That could be appealed as it states in the ordinance. At one point someone may get a citation. They would be civil citations at first. The change is it does not go to the board of adjustment. We also had a case where there was an appeal. The person who appealed believed they could appeal the 1 . 25 acre declaration. That was not the intent of the original or second code. It was a hole in the ordinance, and it has been fixed here so that it is not an appealable issue. What are appealable are the conditions of which the development services director or his designee says they can have the cargo container under, but not the 1 . 25 acre issue. Vice Mayor Eck commented he believes Denise spoke tonight because of what she brought up to us several months ago. We did the changes, but he does not believe there was that much done in the field. From that time when the ordinance was changed, not much had been done. We are changing the ordinances and we are not getting the information to the employees and letting them know of the changes . It is time for new enforcement. City Attorney Joel Stern .•k stated he could defer to Brad on what was done. He could give you a brief history on it. He did not think he would like to give him all the history. He could give him a brief description on the change done 2 years ago and what was done on the enforcement issue. Vice Mayor Eck commented he does not believe this change was 2 years ago. City Attorney Joel Stern stated he believed it started about 2 years ago. There were REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 23 OF 29 some administrative actions that were taken, letters went out and some people were cited. Development Services Director Brad Steinke stated illegal semi trailers on residential properties are not on our list of proactive items . If there is a complaint, staff will go and address that complaint . Prior to tonight, and after tonight on certain properties under certain instances and circumstances, one can still have a semi trailer �. or a semi cab on a residential property. After tonight, if that semi trailer is being used as a cargo container for storage, it is no longer allowed. That is what they have done tonight. In the case of Denise' s situation, if this property owner is using this semi trailer as storage and we can see that, view it and understand it, then he will now be in violation. Vice Mayor Eck commented he thought they had passed that 6 to 8 months ago. Development Services Director Brad Steinke stated it took a long time to get here. Mayor Insalaco commented he had said that the code enforcement person will go out there. They have been on the job long enough to know what a cargo container looks like and a trailer looks like. They should be able to look at it and say it is not right . Development Services Director Brad Steinke stated up until tonight a semi trailer qualified legally as a cargo container. Councilmember Wilson asked if they can still have a semi trailer on their property as long as it is not being used for storage. He asked what proof the city has to come up with to ensure that or is this going to be a problem. Development Services Director Brad Steinke stated if they see the truck driver hopping in and moving back and forth using the truck, it is being used for his profession. They will probably assume that is not being used for a storage container. It is being used as part of his job. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 24 OF 29 Am. If one is sitting there, weeds are growing underneath it, we know it is not moving, the neighbor tells us it has not moved for 6 months, and they can get an objective neighbor to say they are pulling stuff in and out of there and are using it for storage, or if they can get a picture of it, that appears to be a reasonable situation and they will get rung up. But it has to be on a basis of complaint right now. �•. Mayor Insalaco asked what if they have an empty trailer there that has been sitting for 6 months. It has been sitting there without a tractor in front of it . Development Services Director Brad Steinke stated if it is sitting there and not being used as a cargo container, it is arguably not against the law they just passed. Councilmember Dietz asked if it still has to be licensed. Councilmember Wilson asked what if the license is expired. Development Services Director Brad Steinke stated it still has to be licensed and operable. Councilmember Wilson stated they still have other avenues. If it is not licensed or it has been expired for a year, that is showing it is not being used on the road. oft. Development Services Director Brad Steinke stated the best way to prohibit people from having semi trailers on their residential property is to flat out outlaw them. There are then no questions. That is a tough one for everybody here, but that is the cleanest way to do it. Mayor Insalaco commented that would be hurting a lot of people that drive for a living. He then closed the discussion with no further comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 25 OF 29 Councilmember Barker MOVED THAT ORDINANCE NO. 1365 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Coleman SECONDED THE MOTION. VOTE: Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1365, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Dietz SECONDED THE MOTION. VOTE: Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. ,.. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, SEPTEMBER 20, 2010, IN THE CITY REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 26 OF 29 COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5: 45 P.M. BE HELD ON TUESDAY, SEPTEMBER 21, 2010, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. ,. . VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Mr. Jeremy Hoenack, 1985 W. Apache Trail, Apache Junction, addressed the council regarding signage. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding putting questions on the ballot and his recall drive. Councilmember Serdy commented signs have been discussed several times and he has been trying to get them to relax the guidelines . He is hoping that with the information G&G Consulting is giving them they will have a better understanding that they do need to help. He urged him to be patient as he thinks there will be some positive changes within the next year. Vice Mayor Eck agreed with Councilmember Serdy and commented the city is lacking with the LEED certified signs . .. Mayor Insalaco commented to Mr. Hoenack that before he was here, he had his store in that plaza where he says that sign is atrocious . The city has tried to work with the man who owns the plaza but it is very difficult. The city does not like the sign but he will not bend or work with the city at all . That is why the sign still stands that way. The city has no control over it at the moment . He is new to the community so he is unaware of why that sign is the way it is. ADJOURNMENT ) REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 27 OF 29 I ... Mayor Insalaco adjourned the meeting at 9: 40 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Acceptance of Minutes of Regular Meeting of August 17, 2010 . 3 . Consideration of approval of the purchase of a street sweeper through HGAC Contract #SW04-10 . 4 . Consideration of Employment Agreement for City Attorney. 5 . Consideration of award of Bid PR-10-1 for the landscape maintenance of Renaissance Point, Arroyo Verde, Phelps Drive Phases I and II, Ironwood Cove, Royal Palm Rd. , Ironwood Dr. Exit, Goldfield Rd. Exit and Tomahawk Rd. Exit in an amount not to exceed $78, 535 . 60 ACCEPTED THIS 5TH DAY OF OCTOBER, 2010, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF OCTOBER, 2010 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 28 OF 29 CITY OF APACHE JUNCTION, an Arizona municipal corporation By. JOHN S. INSALACO Title. Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: q 26•10 RICHARD J.STERN City Attorney 11 PpACHf G .m. ° ti° City of Apache Junction 2 Home of the Superstition Mountains 4#aoNr tE Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 5,2010 Agenda Type : Regular Agenda Council Priority Focus Area: Communication/Outreach TITLE OF AGENDA ITEM: Consideration of professional services agreement with Apache Junction Chamber of Commerce for operation of a local visitor information center ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: As discussed at the Septembe 20 work session, the Apache Junction Chamber of Commerce was the only responder to a Request for Qualifications for visitor center services. This contract would be for the time period of October 1, 2010 to June 30, 2012 at$3,000 per month for a total of$63,000 FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: I_ RECOMMENDATION: ATTACHMENTS: Click to download 0 cover memo 0 Agreement Auk PPACH41/{treit&I tile trait t" Home of the Superstition Mountains RrzoNp' SEPTEMBER 23, 2010 MEMORANDUM TO HONORABLE MAYOR AND COUNCIL MEMBERS THROUGH GEORGE HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK SUBJECT. AGREEMENT FOR OPERATION OF A LOCAL VISITOR INFORMATION CENTER At the September 20 work session, Council discussed the proposed professional services agreement for operation of a local visitor information center In conjunction with a Request for Qualifications process, the Apache Junction Chamber of Commerce responded for a cost of$3,000 00 per month for a 21-month contract period (October 1, 2010 — June 30, 2012) The agreement will be placed on the consent agenda for the October 5 meeting • Voice(180)982-8002 • I.AX i4801982-7018• TDD(480)983-OO95 • ‘‘\%w alert\ net 300 L. Superstition Boulevard Apache Junction AZ 85219 PROFESSIONAL SERVICES AGREEMENT FOR OPERATION OF LOCAL VISITOR INFORMATION CENTER THIS AGREEMENT is made and entered into this day of 2010,by and between the CITY OF APACHE JUNCTION,ARIZONA,an Arizona municipal corporation("City"),and APACHE JUNCTION CHAMBER OF COMMERCE("Consultant"), for operation of a local Visitor Information Center City and Consultant are sometimes referred to as the"Parties"collectively or a"Party"individually RECITALS A City desires to retain a consultant to operate a local visitor center and to make payment for such services in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the parties; and B An RFQ process was conducted to obtain submittals for the services; and C On October 5,2010,Consultant was selected by the Mayor and City Council as the most qualified firm to provide such service. AGREEMENT NOW, THEREFORE,the City agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services required according to the terms and conditions and for the consideration set forth below: 1 CONSULTANT'S DUTIES- Consultant agrees to perform the professional services set forth in Exhibit A 2 COMPENSATION AND REQUIRED QUARTERLLY REPORTS. In accordance with the terms and conditions of this Agreement, City shall compensate Consultant for its professional services as follows A An aggregate sum of up to Sixty-Three Thousand Dollars ($63,000 00),billed in the amount of$9,000 00 each quarter for a total of 21 months, subject to Council appropriation of funds B Within ten(10)working days following the last day of each fiscal year quarter,Consultant shall submit to the City Clerk detailed reports accounting for the expenditure of City funds Consultant shall submit a separate, concise summary of all expenditures within each report The summaries shall be subject to public disclosure as public records in accordance with A R S § 39-121, et seq Each report shall be typewritten or prepared on a word processor and shall include the status of Consultant's progress on the Page 1 of 10 schedule work items as referenced in Section 2 above It shall include a description of all work undertaken and all findings and conclusions In addition, it shall include documentation supporting these expenditures These reports shall also contain the information required in this Agreement, and in doing so, shall demonstrate the value of work and its impact upon economic development within the corporate boundaries of City Documentation for actual expenditures shall include a summary page detailing all quarterly expenditures made in accordance with this contract and all relevant bills, receipts, and statements, with the relevant expenditures highlighted. The Apache Junction City Manager or his or her designee("City Manager") has the sole discretion to determine whether the above referenced reports contain adequate specificity Should the City Manager desire additional information, such information shall be produced by Consultant within ten (10)working days from receipt of such request. The City Manager may withhold any and all payments due until such time as all reporting concerns have been resolved The books and records of Consultant shall be subject to inspection and audit by City during the term of this Agreement and for a period of three (3) years after expiration of this Agreement for the purpose of verifying Consultant's performance as well as the thoroughness and accuracy of the reports submitted hereunder Records of Consultant shall be provided to City and/or made available for inspection and audit within three(3)working days following a written request by City C Consultant shall design and use a business report that describes any and all progress made in the categories listed in Section 1 noted above This report shall focus on and emphasize those activities listed in Section 1 where work efforts and partnerships have produced results in the form of enhanced city sales tax revenue. Consultant shall substantiate the information contained in the report Such report shall be provided to City on a quarterly basis at the time of submitting the quarterly reports required in Section 3(B) of this Agreement 3 TERM This Agreement shall be effective beginning October 1, 2010 and shall remain in full force and effect until June 30,2012. City has the option to renew this Agreement for an additional three(3)year period if mutually agreeable,all subject to Council appropriation of funds 3 CITY'S STANDARD OF PERFORMANCE. City shall furnish the Consultant with all data, information and other supporting services specified in Exhibit A City shall furnish Consultant with one(1)copy of a newly licensed business list one a monthly basis at no charge This list shall be used solely to provide referrals to and information on businesses located within the city limits in accordance with Exhibit A, Sections B, D, F, J and K. This list shall not be used to solicit memberships for the Consultant. Should the Consultant wish to use these city business license monthly reports to solicit new members, they shall request a copy in accordance with Arizona Revised Statutes § 39-121.01(A) Page 2 of 10 (public records for a commercial purpose)and pay the applicable commercial rate to the City. 5 CONSULTANTS STANDARD OF PERFORMANCE* While performing the services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Phoenix metropolitan area,and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Consultant shall be responsible for all errors and omissions Consultant commits in the performance of this Agreement. 6 NOTICES. All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel* If to City* Kathleen Connelly City Clerk City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 If to Consultant Larry Johnson, President/CEO Apache Junction Chamber of Commerce 567 W Apache Trail P O Box 1747 Apache Junction,AZ 85117-1747 7. TERMINATION This Agreement may be terminated by either party upon sixty(60)calendar days'written notice If this Agreement is terminated, Consultant shall be paid for services performed to the date of receipt of such termination notice In the event of such termination, Consultant shall deliver to City all work in any state of completion at the date of effective termination 8 SUBCONTRACTORS. This is a personal service contract and therefore no work under this contract may be subcontracted without the City's prior written consent 9. RECORDS Records of Consultant's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Consultant shall maintain records for a period of at least two(2)years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours 10 INSURANCE A Required Limits Page 3 of 10 1 Commercial General Liability Consultant shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a$2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including,but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc Policy Form CG 00011093 or any replacements thereof Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc's Additional Insured, CG 20261185, and shall include coverage for Consultant's operations and products and completed operations. If Consultant sublets any part of the work, services or operations, Consultant shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement,a Protective Liability insurance policy for bodily injury and property damage,including death,which may arise in the prosecution of the Consultant's work, service or operations under this Agreement Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues General Liability insurance. 2 Workers'Compensation Consultant shall carry Workers'Compensation insurance to be provided by an insurance company which is authorized to transact insurance business in the State of Arizona, covering obligations imposed by federal and state statutes having jurisdiction of Consultant's employees engaged in the performance of the work or services;and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease Page 4 of 10 policy limit. By execution of this Agreement,Consultant certifies as follows. "I am aware and understand the provisions of A.R.S § 23-900, et seq which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the work of this Agreement." If Consultant has no employees for whom workers' compensation insurance is required,Consultant shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Consultant employs any employees subject to coverage In case any work is subcontracted, Consultant will require subconsultant to provide Workers' Compensation and Employer's Liability to at least the same extent as required of Consultant B CERTIFICATES OF INSURANCE Upon execution of this Agreement or simultaneously thereto, Consultant shall furnish the City Clerk all Certificates of Insurance or formal endorsements as required by Agreement, issued by Consultant's insurer(s), as evidence that policies providing the required coverages,conditions and limits set forth in this Agreement are in full force and effect and remain so for the duration of the Agreement. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Consultant's work or services and as evidenced by annual Certificates of Insurance,to be filed with the City Clerk If a policy is expired,canceled,or materially changed during the life of the Agreement,such notice must be sent to City thirty(30)calendar days prior to such action The cancellation clause on the Certificate of Insurance shall state the insured party shall send notice of such cancellation at least thirty (30) calendar days in advance of such Page 5 of 10 cancellation The Certificate of Insurance shall include an original signature of the insured's representative Photo copies will not be accepted and failure to provide such certificate and failure to provide timely notice as noted above will be considered a material breach of contract Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City Clerk and shall include City as an additional insured party The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following language "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its mayor, councilmembers,officers and employees are added as additional insured parties under this policy" 11 ENFORCED DELAYS(FORCE MAJEURE) Neither City nor Consultant,as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay(an"Enforced Delay")due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes,and unusually severe weather or the delays of subconsultants or matenalmen due to such causes,acts of a public enemy,war, terrorism or act of terror(including but not limited to bio-terrorism or eco-terrorism),nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary)by any public entity directly affecting the Project In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants,vendors or investors desired by Consultant in connection with the Project Consultant agrees that Consultant alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay;provided,however,that the Party seeking the benefit of the provisions of this Section shall,within thirty(30)calendar days after such Party knows or should know of any Enforced Delay,first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay, and provided further that in no event shall a period of Enforced Delay exceed ninety(90) calendar days. 12 INDEMNIFICATION. Consultant shall defend, indemnify, and hold City, its Page 6 of 10 officers and employees harmless from any and all loss,damage,claim for damage,liability, expense, or cost, including attorney fees,which arise out of, or is in any way connected with the performance of work under this Agreement by Consultant,or any of Consultant's employees, agents or subconsultants, and from all claims by Consultant's employees, agents and subconsultants for compensation for services rendered to Consultant in the performance of this Agreement, notwithstanding that City may have benefited from their services This indemnification provision shall apply to any and all acts or omissions,willful misconduct or negligent conduct, whether active or passive, on the part of Consultant or Consultant's employees, agents or subconsultants This section shall survive the expiration or early termination of the Agreement 13 WAIVER OF TERMS AND CONDITIONS The failure of City or Consultant to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms,conditions,rights or privileges,and they shall remain in full force and effect 14 INDEPENDENT CONTRACTOR: Consultant shall at all times during Consultant's performance of the services retain Consultant's status as independent contractor Consultant's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers'compensation or unemployment insurance for or on behalf of them or Consultant. 15 COMPLIANCE WITH FEDERAL AND STATE LAWS: Consultant understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 16 GOVERNING LAW AND VENUE. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 17 OWNERSHIP OF RECORDS AND REPORTS All of the files, reports, documents,information as well as all data prepared in Autocad or other electronic drasing or text files or assembled in any other form by Consultant under this Agreement shall be and shall remain the property of City and shall be forwarded to City at any time City requires such papers and files Page 7 of 10 18 LICENSE. Consultant represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Consultant understands that , the activity described herein constitutes"doing business in the City of Apache Junction" and Consultant agrees to obtain a business occupational license and sales tax license pursuant to the Apache Junction City Code and keep such licenses current during the term of this Agreement. Any Consultant activities or programs within the corporate city limits will invoke the same business occupational license and sales tax regulations. All participants in these activities and programs will obtain any required business occupational and sales tax licenses Any activity by subconsultants within the corporate city limits will invoke the same business occupational license and sales tax regulations on any subconsultants,and Consultant ensures its subconsultants will obtain any required business occupational license and sales tax license. In the event any subconsultant fails to pay required license fees or taxes due, Consultant shall pay to city such amounts within ten(10)working days after notification from City that such amounts are due and payable 19. POLITICAL ACTIVITIES. As a community service-based organization, Consultant is considered a non-political organization and its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Consultant shall solicit any contribution in cash or services from any Consultant employee to support any candidate for public office. No board member or officer shall use the name of Consultant, or use their affiliation with Consultant, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Consultant in any way, while engaging in said activity. The functions and activities of Consultant are non-political with respect to candidates for political office Therefore,all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature,while attending or participating in Consultant function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office 20 NONASSIGNMENT. This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Consultant Neither party to this Agreement shall assign its interest in the Agreement,either in whole or in part Consultant shall not assign any monies due or to become due to it hereunder without the prior written consent of City 21 ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Consultant and supersede all prior negotiations, representations or agreements, either express or implied, written or oral It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Page 8 of 10 Agreement shall be valid unless made in writing and signed by the parties hereto Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary 22 SEVERABILITY If any part, term or provision of this Agreement shall be held illegal, unenforceable or in conflict with any law,the validity of the remaining portions and provisions hereof shall not be affected 23. CONFLICTS OF INTEREST This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A R S § 38-511. 24. ACCURACY OF WORK. Acceptance of services or work by City shall not relieve Consultant of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. Consultant shall make all necessary revisions or corrections resulting from errors and omissions on the part of Consultant without additional compensation 25 CONSULTANT'S ENDORSEMENT. Consultant (if a firm, the responsible principal) is required to endorse and affix its seal to plans, reports and engineering data furnished under this Agreement 26 HEADINGS The headings for each paragraph and subparagraph of this Agreement are for convenience and reference purposes only and in no way define,limit or describe the scope or intent of said paragraphs of this Agreement nor in any way affect this Agreement 27. AUTHORITY OF CONSULTANT Each individual signing this Agreement on behalf of Consultant represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of Consultant and this Agreement is binding upon said Consultant. 28. SUSPENSION AND/OR DEBARMENT: Consultant affirms no suspension or disbarment has occurred during the preceding three (3) years of the signing of this Agreement. IN WITNESS WHEREOF,the parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. CONSULTANT By Title Page 9 of 10 CITY OF APACHE JUNCTION an Arizona municipal corporation By JOHN S INSALACO Title Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 2 9'26 . 10 RICHA J. STERN City Attorney Page 10 of 10 EXHIBIT A Consultant agrees to perform the following professional services in connection with this Agreement, all to be performed in accordance with all city codes, ordinances, regulations, policies and procedures. A. Operate a visitor and community information center fully staffed located within the city limits, consistent with the guidelines established by the Arizona Office of Tourism Minimum requirements to be met include: i)be open Monday through Friday, 8 00 a m to 5 00 p m. Mountain Standard Time; ii)provide information racks accessible to the public on weekends and holidays; iii)make public restrooms accessible during operating hours; iv) make available public telephone during operating hours,v) provide drinking water during operating hours, and vi) provide general information about the City of Apache Junction, this region, and the State Operating hours shall be extended to include Saturdays from 9:00 a m to 2 00 p m Mountain Standard Time from December 1, 2010 through April 15, 2011 and again on December 1, 2011 through April 15, 2012. Requests for specific information regarding city government operations and City services shall be referred directly to City officials B Provide referrals to businesses located within the city limits and referrals to area cultural, historical and recreational attractions C Develop, implement and revise a program to encourage return visits to the community D Provide licensed businesses located within the city limits with an opportunity to participate in the Visitor/Information Center E. Update and reformulate informational packets issued by Visitor/Information Center to include information on City-sponsored events F Through the Internet, develop a program offering information on businesses located within the city limits, as well as information on cultural, historical and recreational attractions occurring or existing within the City and the area. G. Design and print Apache Junction brochure in cooperation with City and Arizona Office of Tourism H. Research and provide cost for web-based virtual tour of City of Apache Junction. I Develop, implement and revise a cooperative marketing program in conjunction with a regional marketing association,firm, agency or consultant and chambers of commerce to promote City businesses and the area's cultural, historical and recreational attractions. J Develop, implement and revise a"destination tourism"program including but not limited to group/package tours using licensed hotels, motels, restaurants and retail establishments located within the city limits as resources K Develop, implement and revise a"shop local"program designed to assist licensed businesses located within the city limits and to reduce retail sales leakage to Maricopa County, Mesa,Tempe, Gilbert, Phoenix, and the communities known as"Gold Canyon"and"Johnson Ranch" L Provide information and services listed above on an impartial basis and regardless of membership status in the Apache Junction Chamber of Commerce M Enhance city sales tax revenues through the information and services listed above ROLL CALL VOTE NOTES: 'r ��/ Ct 41)(Y oft,. I 0° ITEM# 1/1 MEETING OF 00. MOTION BY: Q.. ft SECONDED BY: Y S NO ABSTAINED COUNCILMEM BER DIETZ COUNCILMEMBER BARKER J/ VICE MAYOR ECK ✓ COUNCILMEMBER COLEMAN 1 COUNCILMEMBER SERDY I COUNCILMEMBER WILSON I MAYOR INSALACO V UNANIM VS IN FAVOR OPPOSED ABSTAINED TOTAL 41.1 Council of the City of Apache Junction, Arizona, held on the 7th day of September, 2010. I further certify that the meeting was duly called and held and that a quorum was present . Dated this 23rd day of September, 2010 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 7, 2010 PAGE 29 OF 29 CITY COUNCIL REGULAR MEETING SEPTEMBER 21, 2010 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on September 21, 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 : 09 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Coleman led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Eck (arrived 7 : 35 p.m. ) Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Wilson (Councilmember Dietz was absent. ) Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Public Works Director David Fern Economic Dev. Director Steve Filipowicz Others Present : Business Advocate Janine Solley REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21, 2010 PAGE 1 OF 6 ACCEPTANCE OF CONSENT AGENDA Councilmember Coleman MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 10-34, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ACCEPTING AND ADOPTING THE DOCUMENT ENTITLED "DOWNTOWN REDEVELOPMENT AND IMPLEMENTATION STRATEGY", BE APPROVED; AND THAT APPROVAL BE GIVEN FOR THE SETTLEMENT AGREEMENT WITH THE TRUST OF WAYNE GOLDEN IN SOUTHWEST RISK CLAIM NO. 13011613 IN THE AMOUNT OF $6, 500; AND THAT AUTHORIZATION BE GIVEN FOR THE CITY MANAGER TO SIGN THE AGREEMENT. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Public Safety Director Jerald Monahan presented a 25-year service award to Captain Troy Mullender and gave a brief overview of his career. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy announced the upcoming Festival of the Superstitions being put on by the chamber. They formerly had the Phestival on Phelps which was pretty successful . Last year they had the festival at the dog track. This one has the potential to grow and be bigger and better. It is over three days with a carnival, car show, and motorcycle show. A local hotel is kicking in some special rates and he hopes other businesses will take advantage and do some things also. It will benefit some charities . Contact the chamber for more information. Mayor Insalaco announced that he attended the United Way meeting this morning at the Multi-Generational Center. The City of REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21, 2010 PAGE 2 OF 6 rr. Apache Junction is one of the 25 top donors, actually number 16. We beat out a few other cities . CITY MANAGER' S REPORT City Manager George Hoffman commented on an article appearing in the Arizona Republic on the State not balancing the budget on the backs of cities; $17, 000 in savings from the aquatics .•bk program; the Business to Business Expo; the increase in single family building permits in 2010 for the city; maintenance activity on State Route 88 between the city and Tortilla Flat; Ironwood Drive reconstruction project from Tepee to Lost Dutchman; Ironwood Drive reconstruction project from 16th Avenue to Broadway; Southern and Meridian intersection plans; Winchester Road improvements; Plaza Drive improvements; the slurry seal and striping on Old West Highway; and the Gateway of the East Valley publication. PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES, LOST DUTCHMAN #3850 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. The applicant was not in attendance. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public '0 likk hearing and reopened the item to council discussion. Councilmember Barker MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES, LOST DUTCHMAN #3850, FOR SEPTEMBER 26, 2010, SUBMITTED BY TERRANCE BROWNELL, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Coleman SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21, 2010 PAGE 3 OF 6 VOTE: Unanimous . The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Coleman MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, OCTOBER 4, 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, OCTOBER 5, 2010, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Mr. Michael Weller, 471 W. 21st Avenue, Apache Junction, addressed the council regarding the reduction of the police department budget and giving free labor to two Apache Junction businesses . REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21, 2010 PAGE 4 OF 6 Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council to request the council and community volunteer at Children' s Hospital and give blood at the blood bank. Mr. Jeremy Hoenack, 1985 W. Apache Trail, Apache Junction, addressed the council regarding the signage issue. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the I04.6k council regarding his appointment as the Medical Reserve Corps Coordinator for Apache Junction and the Pinal County region and his seeking volunteers . He also voiced his interest on term limits . Councilmember Serdy directed the city manager to look into the sign issue and give the council a briefing at a council meeting on what they are looking at. He added something like Shannon' s concerns could have been done during our public announcement section. It is a shame that Call to the Public is no longer broadcast when it is a good cause like this . They might want to look at rebroadcasting it in order to get the good things out like this . They have not taught everyone a lesson, but this is as it should be. The speakers tonight were very orderly and useful . He would like to see that. If so, he thinks the rest of the public needs to see this as well. Councilmember Barker directed the city manager to address Mr. Weller' s problem. She realized it had been addressed at least once before according to what Mr. Weller said. Perhaps it could be re-explained. Someone from the judge' s office could explain the use of a work release or helper from the court. oak Vice Mayor Eck commented he would also like to see something on the sign issue. He does not know if it is in the work plan, but he would like to see where they are at. He believes they are very proactive with the blood drive as far as an organization. He does not know if we are as a community. As an organization, employees are giving blood as often as possible right here on site. He knows how important it is; he believes everyone knows how important it is . He would give it if he could. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 7 : 45 p m. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21, 2010 PAGE 5 OF 6 Consent Agenda Items are as follows: 1 . Acceptance of Agenda. 2 . Consideration of approval of Resolution No. 10-34 accepting and adopting the document entitled "Downtown Redevelopment and Implementation Strategy" . 3 . Consideration of settlement with Trust of Wayne Golden in �. Southwest Risk Claim No. 13011613 . ACCEPTED THIS 5TH DAY OF OCTOBER, 2010, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF OCTOBER, 2010 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 21st day of September, 2010 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 24th day of September, 2010 . 4-64-/ KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 21, 2010 PAGE 6 OF 6 � Pp ACHF�G y0 • Q Cis of Apache Junction v z Home op he .S upet:r/Ition Mountains ARrZONP Print TO: City Manager's Office FROM: Bryant Powell, Assistant City Manager DATE: October 5,2010 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM. Consideration of retroactive approval to purchase the city's phone system, software and upgrades through Avaya Financial Services in an amount not to exceed $229,806 30 ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: This item was discussed at the August 16, 2010 Work Session as a lease purchase However, after discussion with Avaya representatives, staff recommends purchase for ownership of the system and equipment in an amount not to exceed $229,806.30. FISCAL IMPACT: OPTIONS/ALTERNATIVES: lECOMMENDATION: ATTACHMENTS: Click to download D Avaya Cover Memo PQ ACHE do t 'Z cityo A ache Junction f p R►zo� lime of the Superstition iountatns DATE SEPTEMBER 16, 2010 TO• HONORABLE MAYOR AND CITY COUNCIL THROUGH GEORGE HOFFMAN,CITY MANAGER FROM BRYANT POWELL,ASSISTANT CITY MANAGER SUBJECT. AVAYA PHONE SYSTEM PURCAHSE Staff respectfully recommends city council approval on the retroactive purchase of the city's phone system, software and upgrades from Financial Avaya Services in an amount not to exceed $229,806.30 City council discussed the lease to purchase agreement at the August 16,2010 work session A lease renewal the new monthly payment would be$10,000.00,or$120,000 00 per annum The option to outright purchase(2-year cost)would total $229,806 30 Further,with the outright purchase option the city will begin actual savings upon the second year and second month of the terms(August 2012). Another item to take into consideration is the age of the phone system The city began leasing the phone system five years ago It is relatively new and in good shape If the city chose to renew the lease for another five years and then purchase,the system would be much older and have certain inherent risks of mechanical and software problems Oft•. It is my professional recommendation that in purchasing the Avaya phone system along with the upgrades that the phones can last up to ten years. Therefore, staff recommendation is to authorize the retroactive purchase of the city's phone system through Avaya Financial Services Office(480)982-8002 0 Ea. (480)982-7018 0 MD(480)983-0095 0 lowly ajczty.net 300 E.Superstition Bou&evard,Apache Junction,AZ 85119 PgACHE /► 1/4 City of Apache Junction Home of the Super.,tztion Mountain., 4RizONr a Print TO: City Manager's Office FROM: Heather Hodgman, Public Works Management Assistant DATE: October 5,2010 Agenda Type : Regular Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM: Consideration of award of bid, PW 2010-13 equipment and labor to crush recycled asphalt concrete for the City of Apache Junction,to Sunland Inc, Asphalt and Sealcoating in an amount not to exceed$182,500 00 ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: Five bids were received in response to the solicitation Staff respectfully requests city council approval and award of this bid to Sunland Inc, Asphalt and Sealcoating in the amount of$182,500.00. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: ^RECOMMENDATION: Approval ATTACHMENTS: Click to download 0 PW 2010-13 Asphalt Crushing Memo pQAchea Q4 Gy Public Works Department n 14.11 z City of Apache ` `� Junction 4Riz0.0 Home of the Superstition Mountains Date: September 22, 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. PW 2010-13 Equipment and Labor to Crush Recycled Asphalt Concrete The bid results were presented to City Council for presentation/discussion on September 20, 2010 This project would consist of the contractor to provide equipment and labor to crush approximately 40,000 tons of recycled asphalt concrete over the term of the contract This project was bid on a per-ton basis to include the equipment and labor necessary to crush recycled asphalt concrete located at 575 E Baseline Ave in Apache Junction The term of the contract will end June 30, 2011 with an automatic renewal for three (3) successive periods of one (1) year from the original signing of the agreement. The following three bids were responsive Sunland Inc. $6,250 00 mobilization 3 20/ton Up to 10,000 tons 3.15/ton 10,001 to 20,000 tons 3 10/ton 20,001 to 30,000 tons .- 3 05/ton 30,001 to 40,000 tons FNF Construction, Inc $33,200.00 mobilization 1 80/ton up to 10,000 tons 1 80/ton 10,001 to 20,000 tons 1.80/ton 20,001 to 30,000 tons 1.80/ton 30,001 to 40,000 tons J G Perrigo, LLC $6,000.00 mobilization 4 00/ton Up to 10,000 tons 3 60/ton 10,001 to 20,000 tons 3 36/ton 20,001 to 30,000 tons 3 20/ton 30,001 to 40,000 tons Public Works recommends award to Sunland Inc, Asphalt and Sealcoating for the value of the bid over the term of the agreement in the amount of$182,500.00. 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 4 PPACH old 2r= 2 City of Apache Junction Home of the Superstition Mountains 4Priot* Ei Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 5,2010 Agenda Type : Regular Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM: Consideration of Professional Services Agreement with East Valley Adult Resources, inc in the amount of$26,432 00 for the Ride Choice Program for Fiscal Year 2010-2011. ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: Council discussed the continuation of the Ride Choice Program at the October 4 work session. Approval of this agreement will allow the city residents who are seniors over 60 years of age and adults over 18 years of age with disabilities to have a driver reimbursed on a per mile basis for providing transportation to medical appointments, errands, etc FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download 0 cover memo 0 Agreement is p,CH7 . 0 e_ tar 56111-C114041 Horne of the Superstition Mountains. 4RIZe SEPTEMBER 23 ,2010 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R HOFFMAN, CITY MANAGER FROM KATHLEEN CONNELLY, CITY CLERK SUBJECT AGENDA ITEM FOR OCTOBER 4, 2010 WORK SESSION AND OCTOBER 5, 2010 REGULAR MEETING — RIDE CHOICE AGREEMENT Since 2003, the city has provided transportation funding for elderly city residents 60 years of age and older and disabled adult city residents (18 years of age and older) The program, initially known as Enabling Transportation, started operation in January 2004 with a funding level of $11,500 For fiscal years 2004, 2005 and 2006, funding was in the amount of $30,000, $33,960 in FY 2007 and $33,040 for FY 2008 Even though other service providers experienced a 20% reduction in FY 08-09, this program escaped that cutback by one meeting. For FY 09-10 the program did receive the 20% reduction and was funded in the amount of $26,432 00. East Valley Adult Resources is requesting the contract be restored to its FY 08-09 level for$33,040 The recommendation for FY 10-11 is to provide funding in the amount of$26,432 which is the FY 08-09 amount less 20% As indicated in the attached request, the funding will provide mileage reimbursement for 35,000 miles at 440 per mile up to a maximum of 200 miles per month per person The additional amount will cover staff support to monitor the program, marketing and brochures and normal office costs This agreement will be placed on your consent agenda for the October 5 meeting Please contact me if you have any questions • Voice i4SU)982-8002 • FAX 1480)082-7018 • I DU(480)983-1)t)95 • NI, ,tjeit' net 300 E superstition Boulevard Apache Junction A/ P1 k;*, EAST VALLEY ADULT RESOURCES Opportunities m Connect Gentributo end Care far Each Other V h n V:C e Apache Junction RIDE Choice City of Apache Junction FY 2010-11 INTRODUCTION The Ride Choice service began in January 2004 as an alternative transportation service (mileage reimbursement). The City of Apache Junction has continued to support this service by approving$30,000 for first two fiscal years and approving$33,960 for FY 2007/2008 and$33,040 00 for FY 2008/09. Due to City of Apache Junction funding restrictions a 20%reduction for FY 2009/10 made the allocation$26,432 The request for FY 2010/11 is$33,044 to restore the reduction and ensure the program is maintained in the community This new funding allocation triggered the following program adjustments • Maximum miles reimbursed per month was decreased by 33%from 300 to 200 miles per month. • There remains a possibility that the funds will be exhausted by the end of April therefore there would be no reimbursement transportation recipients for the months of May and June We are making every effort to avoid this option,but will need to know the funding direction for FY 2010/11 by May 2010 PIN Ride Choice Benefits to permanent Apache Junction Residents 1 The mileage reimbursement incentive will be utilized to encourage volunteer drivers to provide transportation for persons who have difficulty utilizing existing transportation systems The utilization of this reimbursement incentive is for the elderly(60 years and over)and disabled adults(18 years and over)of the community. The incentive will provide reimbursement to the enrollee at a rate of S 44 per mile. Participants' reimbursement shall be limited to a monthly maximum amount of 200 miles The trip purpose for clients is not restricted,but primary destinations are. Apache Junction Active Adult Center, medical appointments,grocery shopping,personal errands,banking, religious activities and volunteer work 1 /111 2 East Valley Adult Resources will be responsible for participant certification reimbursement distribution.East Valley Adult Resources staff will meet with social service providers who work with disabled adults and provide presentations to groups representing the disabled community to explain the service and how it is accessed. Information materials in the appropriate format will be developed in order to promote the service to disabled individuals 3. Staff support services will include,but not be limited to participant certification, travel verification,reimbursement request authorization,Coupon dispersal and payment distnbution. East Valley Adult Resources will be responsible for all accounting and related record keeping 4. Marketing efforts shall include the development of promotional items,displays and marketing campaigns to current clients and potential clients to promote program usage Ride Choice Budget Projections FY 2010/l l Mileage Reimbursement Item Expenses Justification Reimbursement $19.360.00 44 per male@44,000 miles Staff support $12,480 00 $20 00 per hour@624 hours Printing,postage, telephone $960.00 $80 per month Marketing S244.00 Brochures, flyers posters, etc Total $33,044 00 PROFESSIONAL SERVICES AGREEMENT WITH EAST VALLEY ADULT RESOURCES, INC. FOR MILEAGE REIMBURSEMENT INCENTIVE PROGRAM ("RIDE CHOICE") THIS AGREEMENT is made and entered into this day of 2010, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and EAST VALLEY ADULT RESOURCES, INC , a 501(c)(3) non-profit corporation ("Contractor") for the project entitled "Mileage Reimbursement Incentive Program"(also known as"Ride Choice"). WHEREAS, in previous Town Hall meetings with citizens, transportation was identified as an important issue within the City of Apache Junction,and WHEREAS, the City has historically assisted the elderly and disabled in their transportation needs as a public service;and WHEREAS, Arizona Revised Statutes Annotated ("A.R.S.") § 9-500 11(A) allows the City to appropriate and spend public monies for and in connection with economic development activities;and WHEREAS, A R S. § 9-500.11(c) defines "economic development activities" to include any project assistance, undertaking, program or study that the City Council finds and determines to improve and enhance the economic welfare of the inhabitants of the City,and WHEREAS, the City finds that assisting the elderly and disabled in their transportation needs is an important and valuable service which enhances the economic welfare of inhabitants in the City,and WHEREAS,an objective of the 1999 General Plan Circulation Element is to provide alternative transportation opportunities by providing low cost transportation for the elderly; and WHEREAS, Contractor's Ride Choice program is a mileage reimbursement program that was initiated in the City of Mesa in 1999; and WHEREAS,in 2003,the Apache Junction Mayor and City Council approved Eleven Thousand Five Hundred Dollars ($11,500.00) for the planning and initial implementation of the Enabling Transportation ("ET") Program for Fiscal Year 2003-2004; and WHEREAS, service began in January 2004 in the City of Apache Junction for the elderly; and 1 WHEREAS, in August 2004, September 2005, and September 2006 the Apache Junction Mayor and City Council approved $30,000 for the continuation of the ET Program, now renamed as the "Ride Choice" Program. In 2007, the Mayor and City Council budgeted$33,960,in 2008 budgeted$33,040 and in 2009 budgeted$26,432 for the Ride Choice Program. NOW, THEREFORE, City agrees to retain and does hereby retain Contractor and Contractor agrees to provide the services required according to the terms and conditions and for the consideration set forth below. 1 CONTRACTOR'S DUTIES: Contractor agrees to perform the following professional services in connection with the Project: A. In General Contractor will facilitate the Ride Choice to encourage drivers to provide transportation for persons who have difficulty utilizing existing transportation systems. The utilization of this reimbursement incentive is for the elderly(sixty(60)years old and over) and disabled adults (18 years of age and older), all of whom shall be residents of the City of Apache Junction Trip purposes are restricted to the following primary destinations except for political activities excluding voting. Apache Junction Senior and Multigenerational Centers; medical appointments; grocery shopping; personal errands; banking, and volunteer work The incentive will provide reimbursement to enrollees (drivers) at a rate of forty-four cents ($0 44) per mile. Participants' reimbursement shall be limited to a monthly maximum of two hundred(200)miles. B Certification/Marketing. Contractor will be responsible for participant certification and reimbursement distribution Contractor staff will meet with social service providers who work with disabled adults and provide presentations to groups representing the disabled community to explain the service and how it is accessed. Information materials in the appropriate format will be developed in order to promote the service to disabled individuals Marketing efforts shall include the development of promotional items, displays and marketing campaigns to current clients and potential clients to promote program usage 2 C. Staff Support. Staff support shall include but not be limited to: participant certification, travel verification, reimbursement request authorization and payment distribution. Contractor will be responsible for all accounting and related record keeping. 2. COMPENSATION. The Contractor shall be reimbursed for its reasonable costs in performing the services in an amount not exceed Twenty-Six Thousand Four Hundred Thirty-Two Dollars ($26,432) for the period of July 1, 2010 through June 30, 2011 as broken down more specifically in Section 4 below. To receive payment, Contractor shall present to the City accurate and properly itemized invoices. Such invoices shall be presented monthly. All payments made to the Contractor under this Agreement are conditioned upon the City receiving the funds projected to be available for expenditure hereunder The City shall not be liable for any purchases or contracts entered into by the Contractor in anticipation of receiving payments under this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2010 through June 30, 2011, and shall be subject to annual renewals as negotiated by the parties 4 CONTRACTOR'S BILLING. Contractor shall bill City with quarterly invoices within the budgeted amounts set forth below. City shall pay such billings within thirty (30) calendar days upon being presented acceptable invoices. Budget Request FY 2010-2011 Item Maximum Reimbursement Amount 1) Reimbursement $15,400.00 2)Staff support $10,000.00 3) Printing,postage,telephone. $ 800.00 Average$80.00 per month 4) Marketing and Brochures,etc. $ 232.00 Total $26,432 00 5. CONTRACTOR'S STANDARD OF PERFORMANCE While performing the services, Contractor shall exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Consultant shall be responsible for all errors and omissions Contractor commits in the performance of this Agreement. 3 6 NOTICES• All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid,return receipt requested, addressed to the following personnel: If to City: City Manager City of Apache Junction 300 E. Superstition Blvd. Apache Junction,AZ 85119 And to. City Attorney City of Apache Junction 300 E.Superstition Blvd. Apache Junction,AZ 85119 If to Contractor. Daniel H.Taylor Executive Director 45 W. University Drive Suite A Mesa,AZ 85201-5831 7. TERMINATION This Agreement may be terminated by either party upon fifteen (15) calendar days written notice. If this Agreement is terminated, Contractor shall be paid for all uncontested services performed to the date of receipt of such termination notice. 8 SUBCONTRACTORS: The duties under this agreement cannot be subcontracted in any form. 9 RECORDS AND EXPENSES: Records of Contractor's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. Contractor shall maintain financial records which enable the City to determine whether funds provided under this Agreement are being expended according to the budget supporting City funds as set forth in Section 4 of this Agreement.The City may also request Contractor to provide an accounting of expenses to be supplied to City within thirty (30) calendar days after the City makes such request. Should the City determine that Contractor has violated the budget limitations, the City may at its sole discretion terminate this Agreement pursuant to Section 7 above 10. INSURANCE The Contractor, at its own expense, shalt purchase and maintain the herein stipulated minimum insurance with companies duly 4 licensed, possessing a current A.M. Best, Inc Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted;failure to do so may, at the sole discretion of City,constitute a material breach of this Agreement. The Contractor's insurance shall be primary insurance as respects the City,and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes,omissions,work or service. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. The Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however,to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be 5 at least as broad as that on Insurance Service Office, Inc Policy Form No. CG 00011093,or any replacements thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, and shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work,services or operations under this Agreement,an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death,which may arise in the prosecution of the Contractor's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues the Contractor's Commercial General Liability insurance Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of Contractor's work Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services, and, Employer's Liability insurance of not less than$100,000 for each accident,$100,000 disease — for each employee,and$500,000 disease policy limit. By execution of this Agreement,Contractor certifies as follows: 6 "I am aware and understand the provisions of A.R.S § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect and are maintained so during the term of this Agreement. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance If a policy does expire or is cancelled during the life of the Agreement,a renewal certificate must be sent to City thirty (30) days prior to the expiration or cancellation date. All Certificates of Insurance must include this thirty (30) day notice provision in its cancellation clause. Failure to provide the thirty (30) day notice will constitute a material breach of contract. Policies or certificates and completed forms of City's Additional Insured Endorsement(or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City at the time of execution of this Agreement and shall include the City , its Mayor, City Council, appointees and employees as an additional insured parties. The policy or policies shall be in the usual form of a public liability insurance,but shall also include the following provision "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." 7 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant. 12 EXCUSABLE DELAYS City and Contractor shall exert all efforts to perform their respective responsibilities under this Agreement. However, neither party shall hold the other party responsible for inability to render timely performance if such inability is a direct result of a force beyond its control, including but not limited to the following strikes, lockouts,embargoes,failure of carriers, inability to obtain transportation facilities, acts of God or the public enemy, or other events beyond the control of the other or the other's employees and agents. 13 INDEMNIFICATION• To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless the City, its Mayor, City Council, agents, officers, officials and employees from and against all tortious claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor's subconsultants in the performance of this Agreement. Contractor's duty to defend, hold harmless and indemnify City, its agents, officers, officials and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Consultant's acts, errors, mistakes,omissions, work or services in the performance of this Agreement including any employee of the Contractor,any tier of Contractor's subconsultant or any other person for whose acts, errors, mistakes, omissions, work or services the Consultant may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph and such indemnification shall service the expiration or other termination of this Agreement. 14. WAIVER OF TERMS AND CONDITIONS: The failure of City or Contractor to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions,rights or privileges,and they shall remain in full force and effect. 15 INDEPENDENT CONTRACTOR. Contractor shall at all times during Contractor's performance of the services retain Contractor's status as independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no 8 obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Consultant. 16. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county and right to jury trial In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including. all litigation and appeal expenses, collection expenses, reasonable attorneys'fees, necessary witness fees and court costs to be determined by the court in such action. 17. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information as well as all data prepared or assembled in any other form by Contractor under this Agreement, shall be and shall remain the property of City and shall be forwarded to City at any time City requires such papers and files 18. LICENSE: Contractor represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code and keep such license current during the term of this Agreement. Any activity by subconsultants within the corporate city limits,will invoke the same business tax regulations on any subconsultants, and Contractor ensures its subconsultants will obtain any required business tax license. 19. NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Contractor. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part. Contractor shall not assign any monies due or to become due to it hereunder without the prior written consent of City. 20 ENTIRE AGREEMENT This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto Written and signed 9 amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 21. SEVERABILITY: If any part, term or provision of this Agreement shall be held illegal, unenforceable or in conflict with any law, the validity of the remaining portions and provisions hereof shall not be affected. 22. CONFLICTS OF INTEREST: The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 23. POLITICAL ACTIVITIES• As a community service-based organization, Consultant is a non-political organization Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election No board member, officer or employee of Consultant shall solicit any contribution in cash or services from any Consultant employee to support any candidate for public office. No board member or officer shall use the name of Consultant, or use their affiliation with Consultant,to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Consultant in any way, while engaging in said activity The functions and activities of Consultant are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Consultant function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. CONSULTANT: By: DANIEL TAYLOR Title. Executive Director 10 I� CONSENT AGENDA ITEMS NO. 1-7 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT RETROACTIVE APPROVAL BE GIVEN FOR THE PURCHASE OF THE CITY'S PHONE SYSTEM, SOFTWARE AND UPGRADES THROUGH AVAYA FINANCIAL SERVICES IN AN AMOUNT NOT TO EXCEED $229,806 30; AND THAT THE AWARD OF BID FOR PROJECT PW 2010-13, EQUIPMENT AND LABOR TO CRUSH ASPHALT CONCRETE FOR THE CITY OF APACHE JUNCTION, BE AWARDED TO SUNLAND INC., ASPHALT AND SEALCOATING IN AN AMOUNT NOT TO EXCEED $182,500.00, AND THAT APPROVAL BE GIVEN FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN EAST VALLEY ADULT RESOURCES AND THE CITY OF APACHE JUNCTION FOR THE RIDE CHOICE PROGRAM FOR FISCAL YEAR 2010-2011 IN THE AMOUNT OF $26,432.00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE APACHE JUNCTION CHAMBER OF COMMERCE AND THE CITY OF APACHE JUNCTION FOR OPERATION OF A LOCAL VISITOR INFORMATION CENTER FROM OCTOBER 1, 2010 TO JUNE 30, 2012 IN THE AMOUNT OF $63,000, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. O rpACrff�y ^ 3. Cif of Ap Apache Junction z U ' 2 Home of the Super:strtton 1 1 ountam s 4 Pr10Nr as Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: October 5,2010 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT. ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available Aar Am, , =44, Lay of Apache Junction Z Home of the .Superstrtron Mountain. 4Rizoot{ al Print TO: City Manager's Office FROM: Jeff Bell, Parks and Recreation Director DATE: October 5,2010 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON THE CITY'S 2010 HOLIDAY EVENT. ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION: Parks and Recreation staff will provide an update on the city's 2010 holiday event FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 10-32, DECLARING THE CODE OF THE CITY OF APACHE JUNCTION, ARIZONA, VOLUME I A PUBLIC RECORD (WITH THE EMERGENCY CLAUSE 2. Will CITY CLERK KATHLEEN CONNELLYspeak 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. Ask �'y�� c;ity of Apache Junction 2 Home of the Superstrtion Mountains gR1200. Eli Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 5,2010 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: RESOLUTION NO. 10-32, DECLARING THE CODE OF THE CITY OF APACHE JUNCTION, ARIZONA, VOLUME I A PUBLIC RECORD (WITH THE EMERGENCY CLAUSE) ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: As discussed at the August 16, 2010 Work Session, this is the first official step in the process to adopt the recodified and reformatted City Code. Adopting the code in this manner will save extensive legal advertising costs FISCAL IMPACT: OPTIONS/ALTERNATIVES: "~RECOMMENDATION: ATTACHMENTS: Click to download 6 cover memo 0 Resolution No. 10-32 PP AC HF re./ t.t. e_POcteite/,liitaiatt- Home of.the Superstrhon Mountcuns SEPTEMBER 13, 2010 MEMORANDUM TO. HONORABLE MAYOR AND COUNCIL MEMBERS THROUGH GEORGE HOFFMAN, CITY MANAGER FROM KATHLEEN CONNELLY, CITY CLERK SUBJECT ADOPTION OF APACHE JUNCTION CITY CODE, VOLUME I, RESOLUTION NO 10-32 AND ORDINANCE NO 1367 As discussed at the August 16, 2010, work session, I have completed almost two years of work on Volume I of the City Code This work, in conjunction with American Legal Publishing, has involved a complete review and reformatting of the original code which was adopted in June 1979 The revised code, which is 448 pages long, has been reviewed for internal consistency as well as compliance with state and federal law. Clerical and grammatical errors, sentence structure, inconsistent type style and format, and obsolete references were all addressed We also inserted ordinances that should have but were never adopted as code sections and removed outdated and superseded sections An expanded index and parallel reference have been added and the new dual column format is easier to read The adoption of the updated code is a two part process — a resolution declaring the code as a public record and an ordinance adopting it by reference This will save the cost of publishing the entire 448 pages four times as a legal advertisement following adoption These documents have been written with the emergency clause so that the revised code is effective immediately The adopting ordinance also references corrections and oversights on the part of the consultant that were found in Chapter 8 Chapter 8 Business underwent major changes during the code re-write which contributed to the errors Please contact me if you have any questions • Voice(480)982-8002 • FAX (480)982-7018• MD (480)98 3-009i • 14 v% aiLit' n,.t 300 I. Superstition Boulevard Apache Junction AZ 85219 RESOLUTION NO. 10-32 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "CODE OF THE CITY OF APACHE JUNCTION, ARIZONA", VOLUME I, CHAPTERS 1 THROUGH 16, AND DECLARING AN EMERGENCY WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R S. ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; and WHEREAS, it is the intent of the City to declare such documents and compilations as public records, on file in the office of the City Clerk NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS . SECTION I IN GENERAL That certain document entitled "Code of the City of Apache Junction, Arizona" , Volume I , three copies of which are on file in the office of the City Clerk of the City of Apache Junction, Arizona, is hereby available for public use and inspection, and shall remain on file with the city clerk. SECTION II DECLARING AN EMERGENCY The immediate operation of the provision of this ordinance is necessary for the immediate preservation of the public peace, health or safety, and that an emergency is hereby declared to exist; and this ordinance shall be in full force and effect from and after its passage, adoption and approval by mayor and city council of the City of Apache Junction PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF RESOLUTION NO. 10-32 PAGE 1 OF 2 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. 10-32 PAGE 2 OF 2 ROLL CALL VOTE /V/ NOTES D fjo) ?))}6) r ITEM # I MEETING aF ' 00 ° y n MOTION BY: SECONDED BY: ilf 1 YES NO ABSTAINED COUNCILMEMBER COLEMAN I COUNCILMEMBER DIETZ ✓ COUNCILMEMBER SERDY ✓ COUNCILMEMBER BARKER V COUNCILMEMBER WILSON V VICE MAYOR ECK 17 MAYOR INSALACO r UNANIM5 US IN FAVOR OPPOSED ABSTAINED TOTAL a a ITEM NO. 10 I MOVE RESOLUTION NO 10-32,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "CODE OF THE CITY OF APACHE JUNCTION, ARIZONA", VOLUME I, CHAPTERS 1 THROUGH 16; AND DECLARING AN EMERGENCY, (BE APPROVED) OR (BE DENIED). PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1367,ADOPTING THE CODE OF THE CITY OF APACHE JUNCTION,ARIZONA, VOLUME I BY REFERENCE (WITH THE EMERGENCY CLAUSE 2. Will CITY CLERK KATHLEEN CONNELLY 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. P ✓G pP.CHE z„o City of A,ache Junction �=y Z Home of the Superstition Mountains 4PrzONP Print TO: City Manager's Office FROM. Kathy Connelly, City Clerk DATE: October 5,2010 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: ORDINANCE NO 1367, ADOPTING THE CODE OF THE CITY OF APACHE JUNCTION, ARIZONA, VOLUME I BY REFERENCE (WITH THE EMERGENCY CLAUSE) ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: As discussed at the August 16, 2010 Work Session, this is the final step in the process of adopting the recodified and reformatted City Code FISCAL IMPACT: Budgeted Expenditure OPTIONS I ALTERNATIVES: ,RECOMMENDATION: ATTACHMENTS: Click to download 6 Ordinance No.1367 ORDINANCE NO. 1367 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REPEALING THE CODE OF THE CITY OF APACHE JUNCTION, ARIZONA, VOLUME I, IN ITS ENTIRETY AND ADOPTING BY REFERENCE A NEW CODE OF THE CITY OF APACHE JUNCTION, ARIZONA, VOLUME I, CHAPTERS 1 THROUGH 16, MAKING NECESSARY CORRECTIONS, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, PROVIDING AN EFFECTIVE DATE OF REPEAL; PROVIDING AN EFFECTIVE DATE OF THE NEW CODE, PROVIDING PENALTIES FOR VIOLATION; AND DECLARING AN EMERGENCY WHEREAS, the Mayor and City Council on June 20, 1979 adopted the original Apache Junction City Code, Volume I; and WHEREAS, the Mayor and City Council have since adopted numerous amendments to the originally adopted version of the City Code, and WHEREAS, as a result of the multiple amendments and changes in State and Federal law, some of the existing language is outdated; and WHEREAS, the 2010 revision of the Code of the City of Apache Junction, Volume I, recodifies and reformats the original City Code and corrects clerical and grammatical errors, sentence structure, inconsistencies in format and type style, obsolete references, inserts ordinances adopted without referencing a specific code section, makes necessary corrections and removes outdated and superseded sections; and WHEREAS, A R.S . § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; and WHEREAS, City staff has determined that for administrative efficiency, it is more appropriate to update the Code of the City of Apache Junction, Volume I, by repealing the original City Code in its entirety and replacing it with an updated 2010 version of the Code of the City of Apache Junction, Volume I, to include ORDINANCE NO. 1367 PAGE 1 OF 4 Chapters 1 through 16 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . That the existing Apache Junction City Code, Volume I, is i. hereby repealed 2 That certain document known as "The Code of the City of Apache Junction, Volume I", three copies of which are on file in the office of the City Clerk, which document was made a public record by Resolution No 10-32 of the City of Apache Junction, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R.S . § 9-802 . SECTION II MAKING NECESSARY CORRECTIONS That the following corrections be made to Chapter 8 BUSINESS. 1 . Article 8-3 PEDDLERS, Section 8-3-1 UNLAWFUL ACTIVITIES- insert Subsection (D) as originally adopted by Ordinance No. 1296 on May 1, 2007, renumber balance of Section to conform. 2 . Article 8-5 MASSAGE ESTABLISHMENTS : insert Section 8-5-3 INSPECTION OF PREMISES, Subsections A through D as originally adopted by Ordinance No. 1296 on May 1, 2007; renumber balance of Sections to conform. 3 . Article 8-5 MASSAGE ESTABLISHMENTS, Section 8-5-7 SUSPENSION AND REVOCATION OF LICENSE: delete Subsection (E) as originally adopted by Ordinance No. 1296 on May 1, 2007 . 4 . Article 8-11 SEXUALLY ORIENTED BUSINESS OPERATORS, MANAGERS, ADULT SERVICE PROVIDERS AND EMPLOYEES : insert Section 8-11- 13 APPLICABILITY and Section 8-11-14 SEVERABILITY as originally adopted by Ordinance No. 1296 on May 1, 2007 SECTION III REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. ORDINANCE NO. 1367 PAGE 2 OF 4 SECTION IV PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations 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. SECTION V EFFECTIVE DATE OF REPEAL The effective date of repeal which shall be set forth in Chapter 1, GENERAL, Section 1-1-12 shall be 12 . 01 a.m. on October 6, 2010 . SECTION VI EFFECTIVE DATE OF CODE The effective date of the new code which shall which shall be set forth in Chapter 1 GENERAL, Section 1-1-14 shall be 12 . 01 a.m on October 6, 2010 . SECTION VII PROVIDING PENALTIES FOR VIOLATION After the City exhausts all of its civil violation procedures as referenced in the adopted regulations, any violation of any provisions adopted herein, shall be punishable as a Class 1 Misdemeanor consistent with Apache Junction City Code, Volume I, Chapter 1, GENERAL, Article 1-1 GENERAL, Section 1-1-11 PENALTY. SECTION VIII DECLARING AN EMERGENCY The immediate operation of the provision of this ordinance is necessary for the immediate preservation of the public peace, health or safety, and that an emergency is hereby declared to exist; and this ordinance shall be in full force and effect from and after its passage, adoption and approval by mayor and city council of the City of Apache Junction, except as noted in Section VII above 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. ORDINANCE NO 1367 PAGE 3 OF 4 p ... JOHN S INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD J. STERN City Attorney ORDINANCE NO. 1367 PAGE 4 OF 4 ROLL CALL VOTE NOTES: 1 I\ V 0,1 4ii loid , , ITEM # , J./MEETING OF MOTION BY• / Ii\ii,i 1--- SECONDED BY: ES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR ECK J COUNCILMEMBER DIETZ COUNCILMEMBER WILSON if COUNCILMEMBER COLEMAN i/ COUNCILMEMBER BARKER I MAYOR INSALACO j/ UNANIMOJS IN FAVOR OPPOSED ABSTAINED \ TOTAL v, ROLL CALL VOTE NOTES � (11 j\t)) \i(" VP v • I)ITEM # I P n " MEETING OF i 0 .(i, 0, ,\ i j. 1 WY\ ,-) 4 t, k MOTION BY: SECONDED BY (J ES NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER COLEMAN COUNCILMEMBER WILSON V COUNCILMEMBER DIETZ / VICE MAYOR ECK V COUNCILMEMBER SERDY :// MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED 1 TOTAL 1, ITEM NO. 11 I MOVE THAT ORDINANCE NO. 1367 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Note. This motion must have a unanimous vote to carry; if the vote is not unanimous, the clerk must read the entire ordinance.) CALL UPON THE CITY CLERK TO READ ORDINANCE NO. 1367 BY TITLE ONLY. I MOVE THAT ORDINANCE NO 1367, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED). I MOVE THAT ORDINANCE NO. 1367, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS. PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1368,ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "APACHE JUNCTION CITY CODE VOLUME II LAND DEVELOPMENT CODE" 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. PpACkE�G /� � C iy of ipache Junction 2 Home qf the Superstition Mountains Print TO City Manager's Office FROM: Brad Steinke, Director of Development Services DATE: October 5,2010 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PROPOSED ORDINANCE NO 1368, ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED"APACHE JUNCTION CITY CODE VOLUME II LAND DEVELOPMENT CODE" REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY ACTION REQUESTED: Item to be Continued DISCUSSION/ BACKGROUND INFORMATION: Volume II of the City Code has been revised, reformatted, and recodified and is ready for public heanng. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: City Code Requirement 'RECOMMENDATION: Hold public hearing and continue to October 19, 2010 for final review and adoption. ATTACHMENTS: Click to download 0 Cover Memo P ACH City of Apache Junction qq� NP Development Services Department To: Mayor and City Council From. Brad Steinke, Director of Development Services Date: September 23, 2010 Subject Public Hearing for Recodification of Volume II (Land Development Code) In August 2008, the City hired American Legal Publishing to recodify Volume II (Land Development Code) of our City Code The recodification process is intended to clerically clean- up and systematically arrange the following Volume II chapters into an organized format that will be easily accessed, updated and posted on the web Chapter 1.Zoning Ordinance Chapter 2: Subdivision Regulations Chapter 3 Street Improvements Chapter 4: Underground Utilities Chapter 5. Floodplain Management—Stormwater Regulations Chapter 6 Landscape and Screening Regulations Chapter 7: Development Fees Chapter 8 Communications Chapter 9: Plants Chapter 10 Engineering Design Guidelines and Policies Following a year of staff review and revision, the proposed recodification of Volume II is now ready for City Council review and action. Since the recodification process is essentially a clerical reorganization of the code, very little substantive change has occurred to the Development Code's standards and regulations. The Council is advised, however, that staff did find some substantive errors in the existing code that we recommend be corrected as part of this recodification. The following list itemizes and briefly explains these changes I. Incorrect Code Citations. There were quite a few incorrect or obsolete references to Arizona Revised Statutes, Federal Law, and local ordinances that were corrected in Chapter 1 2. Conditional Use Permit Appeal Scheduling. Inserted requirement that a Conditional Use Permit appeal from the Planning & Zoning Commission's decision shall be scheduled for the next regularly scheduled meeting of the Council in accordance with state law (Chapter 1; Section 1-6-1-D; p. 35). 1 3 Board of Adjustment ("BOA") Annual Report Changed the requirement that BOA must issue an annual, not monthly report to the City Council (Chapter 1; Section 1-11-2; p 67) 4. Board of Adjustment Action. Deleted requirement that the BOA must report its finding to the Planning&Zoning Commission and City Council (Chapter; Section 1-12-3,p 72) 5. Board of Adjustment Appeal Time Period Replaced the deadline to appeal from 20 days to 30 days(Chapter 1, 1-12-7-E, p. 74). I'1 6. Planned Development Zoning Review Process Removed the requirement that plans for the proposed Planned Development zoning be reviewed by the "Development Coordinating Committee",which does not exist(Chapter 1, Section 1-19-3-B-3,p 150). 7 Planned Development Zoning Reversion Clause. The current ordinance provides that a planned development rezoning shall revert back to the previous zoning if substantial development or a zoning deadline extension does not occur within 2 years. This language will be replaced to suggest that the planned development zoning may be subject to reversion(Chapter 1, Section 1-19-11-D, p. 155) 8 Political Signs. Deleted the regulation prohibiting signs to be displayed within 60 days of an election and added the requirement that signs must be removed within 10 days after the election(Chapter 1; Section 1-21-4-4-K; p 178) 9. Conditional Use Permit Appeal Time Period. Replaced the deadline to appeal the Planning & Zoning Commission's decision to the City Council from 20 days to 30 days (Chapter 1, Section 1-21-10-4-B, p. 188) 10. Building and Fire Code Updates. Changed all references throughout code from Uniform Building Code to International Building Code, 2006 Edition, and all references from Uniform Fire Code to International Fire Code,2006 Edition. 11 Fees Replaced individual fees scattered throughout the code with statement that refers to the fee section in Volume I, Chapter 4. 12 Development Fees Replaced 2002 Development Fee Schedule with most recently approved 2007 schedule (Chapter 7) 13. Portalis Name Change. Replaced the name of"Lost Dutchman Heights" with "Portalis" throughout the chapter(Chapter 10). 14 Update Engineering References Updated and corrected reference numbers for "Apache Junction Standard Engineering Details" and "MAG Specifications and Details" throughout Chapter 10 15 Letters of Assurance Updated template exhibits for "Letters of Assurance" and "Performance Bonds"(Chapter 10-p 107-110) 2 1 Since the recodified Volume II code consists of 550 double-sided pages, we chose not to provide you with individual copies for budgetary reasons. Alternatively, if you wish to review the entire recodified draft version of Volume II, please visit http://www.amlegal.com, click on "library"at the top of the page, then click on the map of Arizona, and then finally click on "Apache Junction" Plannine and Zoning Commission Recommendation. At their April 27, 2010, meeting, the Planning and Zoning Commission unanimously recommended city council approval of the changes in Chapter 1 (Zoning Code). Staff Recommendation: Staff presented this proposed recodification at the council's August 16, 2010, work session. The matter has been scheduled for public hearing at your October 5th meeting Since the final ordinance and resolution has not yet been completed, we recommend that the council hold the public hearing and then continue it to the October 19t meeting for approval 3 ITEM NO. 12 PUBLIC HEARING ONLY-NO ACTION AT THIS TIME PQACHE✓G i. A r aye= City of Apache Junction Home of the Superstition Mountains 26 Print TO: City Manager's Office FROM: Mayor John S.Insalaco DATE: October 5,2010 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: ACCEPTANCE OF R.E. ECK'S RESIGNATION AS VICE MAYOR AND DISCUSSION AND POSSIBLE ACTION ON VICE MAYOR RE-SELECTION. ACTION REQUESTED: No Recommendation DISCUSSION/BACKGROUND INFORMATION: R.E. Eck has submitted his resignation as vice mayor with a reversion to councilmember status Consequently,the council may select a councilmember to assume the vice mayor duties for the period from the selection date through June 7, 2011. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: .4".4ECOMMENDATION: ATTACHMENTS: Click to download RE Eck VM Resignation Letter 27 fi' 6: � � . 1 U4 Date: September 24, 2010 To: Mayor John Insalaco Subject: Resignation as Vice Mayor I, Robert "R.E." Eck, hereby resign my position as Apache Junction vice mayor. It has been an honor to serve in this capacity, but I believe it is time to pass the baton to another councilmember. In talking to the city attorney, it is my understanding that I will revert back to councilmember status upon acceptance of my resignation by council L�V Robert "R E " Ec ROLL CALL VOTE NOTES: t V )/51, ITEM # MEETING OF C61)/- MOTION BY: SECONDED BY: J / YES NO ABSTAINED VICE MAYOR ECK COUNCILMEMBER WILSON a COUNCILMEMBER BARKER COUNCILMEMBER SERDY I COUNCILMEMBER DIETZ COUNCILMEMBER COLEMAN MAYOR INSALACO UNANIMO)JS IN FAVOR OPPOSED ABSTAINED TOTAL p ROLL CALL VOTE NOTES: tf\, I 11) 0/° ITEM # MEETING OF okda,:c 1(L MOTION BY: J- l SECONDED BY YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY COUNCILMEMBER COLEMAN V :w'•v,' ECK COUNCILMEMBER BARKER COUNCILMEMBER DIETZ MAYOR INSALACO V UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES ITEM # MEETING OF_ MOTION BY: SECONDED BY• YES NO ABSTAINED COUNCILMEMBER DIETZ COUNCILMEMBER BARKER VICE MAYOR ECK COUNCILMEMBER COLEMAN COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO oat- UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 13 I MOVE THAT WE ACCEPT THE RESIGNATION OF R.E. ECK AS VICE MAYOR AND THAT HE BE RETURNED TO THE STATUS OF COUNCIL MEMBER EFFECTIVE OCTOBER 6, 2010 FOR SELECTION OF NEW VICE MAYOR: STEP 1. I MOVE THAT WE OPEN NOMINATIONS FOR THE OFFICE OF VICE MAYOR STEP 2. I NOMINATE fLOK) '0 FOR VICE MAYOR (A SECOND IS NOT NECESSARY STEP 3. I MOVE THAT NOMINATIONS FOR THE OFFICE OF VICE MAYOR BE CLOSED. tyACHE • 00 of Apache Junction Home of the Superstition Mountains "'PrzoNr g Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 5,2010 Agenda Type : Regular Agenda Council Priority Focus Area: Communication/Outreach TITLE OF AGENDA ITEM: ANNUAL APPOINTMENTS/REAPPOINTMENTS TO BOARD OF ADJUSTMENT, LIBRARY BOARD, PARKS AND RECREATION COMMISSION AND PLANNING AND ZONING COMMISSION. ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: At the October 4 Work Session council interviewed the candidates for appointment and/or reappointment for these boards and commissions This item gives the council the opportunity to make the appointments/reappointments to these boards and commissions this evening FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download a cover memo 69pCHF J retv„,/ e Gy Iv • 3/1 '' ' y Home of the Superstition Mountains 4RfZoNP SEPTEMBER 23, 2010 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R. HOFFMAN, CITY MANAGER ' THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK -' i SUBJECT AGENDA ITEM FOR OCTOBER 5, 2010 (BOARD & COMMISSION APPOINTMENTS & REAPPOINTMENTS) The council interviewed new applicants and reappointees for board and commission appointments at the work session of October 4, 2010 Copies of talent bank applications for current board and commission members wishing to be reappointed and new applicants were given to council in an accompanying notebook Included in the notebook was an updated version of the board and commission list showing current vacancies and term expiration dates You may choose to fill any or none of these vacancies from the pool of applicants Please contact me if you have need additional information • Voice t-i80)982-8002 • I.aX (480)982-701 S • I DD(-ISO) 98 i-0095 • v,wu ulcrtc net 300 1 Super tition Boulevard ApachL Junction A/Si219 City of Apache Junction Luciano Buzzm Attn. John Insalaco Mayor 3355 S. Cortez Rd # 35 and Apache Junction AZ 85119 Members of the City Council 300 E. Superstition Blvd. Apache Junction AZ. 85219 October 04, 2010 RE; Application for the Planning and Zoning Commission To whom it may concern. I am interested m said position,but,unfortunately I will not be able to attend the hearing for the above position as I have a previous commitment, with the Central Arizona College. The reason I am interested in the above position is as follows. 1) To insure that it is of benefit for the citizens of Apache Junction. 2) To be able to share my knowledge and expertise with others, as deemed necessary 3) Having been a business owner, and a member of the Board of Trade,I have extensive knowledge in the field of construction,drafting etc I am also able to clearly envision future developments,that will enhance ,the future growth for the City of Apache Junction Sincerely yours 6, Luciano Buzzm Forwarded Message ---- From: charles Bunten <win5er©yahoo corn> To: Gailevansrealtor@yahoo corn Sent: Sun, October 3, 2010 11:20:33 AM Subject: Resignaton. Dear Mrs. Evans, C/C Mayor/Hoffman/ October 3,2010 I Charles H. Bunten immediately resign from my position as a member of the City of Apache Junction Planning and Zoning Commission. I can no longer stand by and watch our City; a City that should be run by the elected City Council It is my personal belief that it is being run by its Chief Administrator I intend to start speaking out to what I personally consider improprieties of our elected and appointed. This speaking out would only interfere with your valuable task of making recommendations to the Honest members of the Apache Junction City Council. I have enjoyed working with you and the Planning and Zoning Commission. Thank you, Charles H Bunten ROLL CALL VOTE NOTES. ITEM # MEETING OF MOTION BY: d SECONDED BY: • YES NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER COLEMAN L:` COUNCILMEMBER WILSON I J C_QUNCILMEMB-RR DIETZ Czm CE M R ECK COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ,,/ ROLL CALL VOTE NOTES: (-IVO ITEM# MEETING OF MOTION BY41 SECONDED BY. lad S NO ABSTAINED VICE-Z7R ECK COUNCILMEMBER WILSON COUNCILMEMBER BARKER V COUNCILMEMBER SERDYdthreterci V hBPR DIETZ COUNCILMEMBER COLEMAN (/ MAYOR INSALACO AOMba UNANIM S IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: /r ITEM # MEETING OF aLt 64MOTION BY. SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY COUNC MEMBER COLEMAN V,ISECK COUNCILMEMBER BARKER ✓ Ccu(k\uMEMBER DIETZ MAYOR INSALACO UNANIMOU IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: CX " /41 ITEM # MEETING OF MOTION BY: C SECONDED BY YES NO ABSTAINED Jain�;E�I:1P1R DIETZ COUNCILMEMBER BARKER VICE MAYOR ECK it COUNCILMEMBER COLEMAN COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: 0(fib ITEM # MEETING OF 6 MOTION BY• 4'1 SECONDED BY: ji: YES NO ABSTAINED COUNCILMEMBER COLEMAN V !I C f DIETZ 1/7 COUNCILMEMBER SERDY COUNCILMEMBER BARKER Y COUNCILNIEMBER WILSON -1.4c7E-144CK C./ MAYOR INSALACO V UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: flit 4/- ITEM # MEETING OF MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR ECK COUNCILMEMBER DIETZ COUNCILMEMBER WILSON COUNCILMEMBER COLEMAN / COUNCILMEMBER BARKER i// MAYOR INSALACO ✓ UNANIrUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: /dr , d //' ITEM# MEETING OF MOTION BY: ��( �4 SECONDED BY: 41-444t )(SS NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER COLEMAN 1/ COUNCILMEMBER WILSON COUNCILMEMBER DIETZ VICE MAYOR ECK COUNCILMEMBER SERDY 1// MAYOR INSALACO ' / UNANIMOU IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES ITEM # MEETING OF MOTION BY: /64 `" SECONDED BY: jeid NO ABSTAINED VICE MAYOR ECK COUNCILMEMBER WILSON COUNCILMEMBER BARKER COUNCILMEMBER SERDY COUNCILMEMBER DIETZ COUNCILMEMBER COLEMAN MAYOR INSALACO ✓ UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL f ROLL CALL VOTE NOTES: //I° ITEM # MEETING OF ff MOTION BY. _ L ` SECONDED BY: 'i rfd -4' JJJ / YES NO ABSTAINED COUNCILMEMBER WILSON /. COUNCILMEMBER SERDY COUNCILMEMBER COLEMAN 1./ VICE MAYOR ECK COUNCILMEMBER BARKER Lam' rfr.) DI ETZ 1 may. MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL f ROLL CALL VOTE NOTES: ITEM # MEETING OF C�� MOTION BY: SECONDED BY 4/14:1-' YES NO ABSTAINED COUNCILMEMB R COLEMAN • CQUNCILNJR DIETZ COUNCILMEMBER SERDY COUNCILMEMBER BARKER COUNCILMEMBER WILSON VICE MAYOR ECK MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL j / kG-q‘SW IC) ITEM NO. 14 BOARD OF ADJUSTMENT (3 POSITIONS) (motion for reappointment I MOVE THAT — 0) BE REAPPOINTED TO THE BOARD OF ADJUSTMENT FOR A RM TO EXPIRE ON OCTOBER 31, 2013 (motion for new appointme I MOVE THAT BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE ON OCTOBER 31, 2013. (motion to fill vacancy) I MOVE THAT \47 BE APPOINTED TO THE BOARD OF ADJUSTMENT FORA TE 0 EXPIRE ON OCTOBER 31, 2012 LIBRARY BOARD (3 POSITIONS) (motion for reappointment) I MOVE THAT 41, G y7 i i BE REAPPOINTED TO THE LIBRARY BOARD FOR A T D' (S) TO EX IRE ON OCTOB/' 31, 2013 fib (motion for new appointment) I MOVE THAT .e—e— BE APPOINTED TO THE LIBRARY BOARD FORA TERM(S) TO EXPIRE ON OCTOBER 31, 2013 PARKS AND RECREATION COMMISSION (2 POSITIONS) (motion for reappointment) I MOVE THAT BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION FORA TERM(S) TO EXPIRE OCTOBER 31, 2013. (motion for new appointment) I MOVE THAT tr%i' -- 'YZs BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FORA TERM(S) TO EXPIRE OCTOBER 31, 2013 PLANNING AND ZONING COMMISSION (2 POSITIONS) (motion for reappointment) r I MOVE THAT17 )/ ---X-= BE REAPPOINTED TO THE PLANNING AND ZONING COM ISSION •'• A TERM TO EXPIRE ON OCTOBER 31, 2013. (motion for new appointment) VE THA BE PO O T L G AND ING COMMISSION FO A TERM(S) PIRE ON OCTOBER 31, 2013 (motion to fill vacancy created by Charles Bunten resignation) I MOVE THAT l BE APPOINTED TO THE PLANNI NG AND ZONING COMMISSION FOR A TERM TO EXPIRE ON OCTOBER 31, 2011 ITEM NO. 14 BOARD OF ADJUSTMENT (3 POSITIONS) (motion for reappointment) I MOVE THAT BE REAPPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE ON OCTOBER 31, 2013. (motion for new appointment) I MOVE THAT BE APPOINTED TO THE BOARD OF ADJUSTMENT FORA TERM TO EXPIRE ON OCTOBER 31, 2013 (motion to fill vacancy) I MOVE THAT BE APPOINTED TO THE BOARD OF ADJUSTMENT FORA TERM TO EXPIRE ON OCTOBER 31, 2012. LIBRARY BOARD (3 POSITIONS) (motion for reappointment) I MOVE THAT BE REAPPOINTED TO THE LIBRARY BOARD FOR A TERM(S) TO EXPIRE ON OCTOBER 31, 2013. (motion for new appointment) I MOVE THAT BE APPOINTED TO THE LIBRARY BOARD FOR A TERM(S) TO EXPIRE ON OCTOBER 31, 2013 PARKS AND RECREATION COMMISSION (2 POSITIONS) (motion for reappointment) I MOVE THAT BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM(S) TO EXPIRE OCTOBER 31, 2013 (motion for new appointment) I MOVE THAT BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM(S) TO EXPIRE OCTOBER 31, 2013. PLANNING AND ZONING COMMISSION (2 POSITIONS) (motion for reappointment) I MOVE THAT BE REAPPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE ON OCTOBER 31, 2013. (motion for new appointment) I MOVE THAT BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM(S) TO EXPIRE ON OCTOBER 31, 2013 Pp ACHE✓G �. 0 y� Laty of Apache Junction Horne of be Superstition Mountains 4PizoNr a Print TO: City Manager's Office FROM: Bryant Powell, Assistant City Manager DATE: October 5, 2010 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: COUNCIL DIRECTION TO STAFF CONCERNING NEAR-TERM DOWNTOWN IMPLEMENTATION STRATEGY. ACTION REQUESTED: Direction to Staff DISCUSSION/ BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available ROLL CALL VOTE NOTES 4. .,/,,) , 0„ ,, / ), , , o, ,, ,, ITEM # MEETING OF MOTION BY: 0, SECONDED BY: )(i,lit.1.1(...; YES NO ABSTAINED COUNCILMEMBER COLEMAN f r BER DIETZ I COUNCILMEMBER SERDY I COUNCILMEMBER BARKER COUNCILMEMBER WILSON �/ AYOR ECK MAYOR INSALACOt./ UNANIM7S IN FAVOR OPPOSED ABSTAINED TOTAL V' ITEM NO. 15 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF CONCERNING NEAR-TERM DOWNTOWN IMPLEMENTATION STRATEGY ROLL CALL VOTE NOTES: if 11 I i� 1 f\I . 0 1 . I ()I< ii L) ITEM # MEETING OF r MOTION BY: SECONDED BY: lb L L. /YES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR ECK I COUNCILMEMBER DIETZ / . COUNCILMEMBER WILSON COUNCILMEMBER COLEMAN I COUNCILMEMBER BARKER i/ MAYOR INSALACO UNANIM US IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 16 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M. AND WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, OCTOBER 18, 2010, IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS, RESPECTIVELY, AND THAT AN EXECUTIVE SESSION AT 5.45 P.M. BE HELD ON TUESDAY, OCTOBER 19, 2010, IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M ROLL CALL WS ICI dICI REG: It '✓ It) SPEC. CITY COUNCIL: P / A P / A P / A ,..... MAYOR INSALACO / / VICE MAYOR ECK /.�/ /COUNCILMEMBER BARKER 1` , / COUNCILMEMBER COLEMAN V COUNCILMEMBER DIETZ / / COUNCILMEMBER SERDY / j/ COUNCILMEMBER WILSON L/ / TOTAL Le I 1 CITY STAFF: 10(. it// City Manager George Hoffman v Assistant City Manager Bryant /"' Powell City Clerk Kathleen Connelly VJ V City Attorney Joel Stern i/ Public Safety Director Jerald �� Monahan N/tT `" City Engineer Giao Pham V Parks & Recreation Director / Jeff Bell V Finance Director Donna Meinerts Public Works Director / David Fern V s Development Svcs Director / Brad Steinke v j�4 Human Resources Director Liz ` I• Riley / 1 - � u Planning Manager Fred Baker �[ Economic Development v Director Steve Filipowicz YAssistant to the City Manager Matt Busby itili OTHERS ' I 0 n `/' 1\it ' - ,(efittY P, 0# 1' I qt\-A)s ►. 1 it / UU •r / -f- y0 Date: U 4jo 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 ❑ I am in favor of the Item. ❑ I am opposed to the proposed Item. proposed CA em . Pi4c/ cC Name (Print) 33q Co /u/ Es-ro ki) • 14/ i Address City Z p Code ,.0) g7- 3-- /5v 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 b Date: I ~ g:) City of Apache Junction Item 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 E ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. .c\-\'1 '3"/C\- Name (Print) c: ) N F\, , kcal, c A. -- 5731i) 0\ Address City Zip Code SA1 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 Date: lc 10 City of Apache Junction Item No. Request to Speak Form or Call to The Public (One Form Per (tern) 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? YesE No❑ Only If Necessary ❑ ❑ I am in favor of the proposed Item. , ❑ I am opposed to the proposed Item. ohyt kokIA-LsKy Name (Print) �1 cy Address City Zip Code L-110-9,(e3 —(\a\ 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 Date: City of Apache Junction Item 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? Ye / No❑ Only If Necessary ❑ E I am in favor of the proposed Item. n I am opposed to the proposed Item. . may - „ Name (Print) 19 P Address City Zip Code el ° LEc? 0 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 Date: 4,(2jc'I0 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 r ' No Only If Necessary ❑ ❑ I am in favor of the proposed Item ❑ I am opposed to the proposed Item. ) (A:, .6 _I )--)06 ic-r? 7C'x Name (Print) -ta 3 6 . j4ZL4L Li- �h/Y V r) Address City Zip Code ' 37YJOi ) r � '� 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