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Home My WebLink About2011 06.06 City Council Work Session Agenda o uto of A ache Junctton Home of the Superstition Mountains 4 lzo$F �.. APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 Monday,June 6, 2011 7:00 PM AGENPA 1 CALL TO ORDER. 2 ROLL CALL. 3 PRESENTATION AND DISCUSSION ON PROPOSED POLICIES GOVERNING THE CITY'S SPONSORSHIP OF NONPROFIT ORGANIZATIONS FOR PARTICIPATION IN THE INDIAN COMMUNITY STATE SHARED REVENUE PROGRAM. During the May 3,2011 City Council meeting,city staff was given the directive to prepare a draft of policies governing the city's"sponsorship"of local nonprofit organizations for participation in the Indian Community State Shared Revenue Program 4 PRESENTATION AND DISCUSSION ON POTENTIAL GRANT APPLICATIONS FOR SUBMISSION TO THE GILA RIVER INDIAN COMMUNITY FOR PARTICIPATION IN THE FISCAL YEAR 2011-2012 INDIAN COMMUNITY STATE SHARED REVENUE PROGRAM. Staff respectfully requests that the city council review and discuss potential projects to be submitted to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2011-2012 The deadline for submitting applications is June 30,2011 Staff will present to council three city projects and two nonprofit projects 5. PRESENTATION AND DISCUSSION ON TERM LIFE INSURANCE REQUEST FOR PROPOSALS(RFP). Liz Riley, Human Resources Director,will provide an overview of the twelve responses to the Request for Proposal (RFP)for term life insurance 6. DISCUSSION ON PROPOSED DOWNTOWN OVERLAY ZONING DISTRICT AND DESIGN GUIDELINES. The city council will continue their discussion on the proposed Downtown Overlay Zoning District and the Downtown Design Guidelines,which were recommended for approval by the Planning and Zoning Commission on April 26, 2011 7 DISCUSSION ON PROCEDURES FOR JUNE 7,2011,COUNCIL MEETING. Discussion on procedures and logistics for regular council meeting in order to effectuate council transition. 8 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 Is ACM 0 o A acheJunction z :l f Nome of the Superstition Mountains al Print ,.. TO: City Manager's Office FROM- Roger S. Hacker, Revenue Resources Manager DATE June 6, 2011 Agenda Type • Work Session Agenda Council Priority Focus Area. Revenue Development TITLE OF AGENDA ITEM. PRESENTATION AND DISCUSSION ON PROPOSED POLICIES GOVERNING THE CITY'S SPONSORSHIP OF NONPROFIT ORGANIZATIONS FOR PARTICIPATION IN THE INDIAN COMMUNITY STATE SHARED REVENUE PROGRAM ACTION REQUESTED. Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: During the May 3, 2011 City Council meeting,city staff was given the directive to prepare a draft of policies governing the city's "sponsorship"of local nonprofit organizations for participation in the Indian Community State Shared Revenue Program FISCAL IMPACT. Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Staff respectfully recommends that the City Council review and discuss the proposed policies At the end of the discussion, staff respectfully requests Council's suggested changes to the policies. ATTACHMENTS: Click to download D Staff Report D Proposed Indian Community Grant Policies O IGA Between Tribal Entity and Pass Through Municipality O Proposed IGA Between City and Nonprofit Organization o Proposed Council Resolution Sponsonno Nonprofit Grant Application "ow *304 City of Apache Junction Development Services Department MEMORANDUM DATE: May 26, 2011 TO: The Honorable Mayor and City Council THROUGH. George Hoffman, City Manager Brad Steinke, Development Services Director FROM: Roger S. Hacker, Revenue Resources Manager SUBJECT: Indian Community State Shared Revenue Program REQUEST Staff respectfully requests that the City Council review and discuss the proposed policies governing the City's "sponsorship" of local nonprofit organizations for participation in the Indian Community State Shared Revenue Program. BACKGROUND During the April 18, 2011 City Council work session, City staff gave an update regarding the Indian Community State Shared Revenue Program. As noted in the presentation, Proposition 202 stipulated that local nonprofit organizations may apply for Program funds if"sponsored" by an appropnate municipality. The presentation included the following topics: 1. Why municipalities sponsor nonprofit organizations for such applications; 2 How requests for sponsorship are handled; 3 Competition between City and nonprofit grant requests; 4. Costs related to sponsorship, and 5 The City's liability for sponsorship. Council asked staff to return to a future meeting to formally seek direction regarding this matter. During the May 3, 2011 City Council meeting, City staff was given the directive to prepare a draft of policies governing the City's "sponsorship" of local nonprofit organizations for participation in the Indian Community State Shared Revenue Program. The draft was to be presented to Council at a subsequent meeting. DISCySSIQN To assist in the preparation of the policies, staff consulted with. 1) other municipalities (i.e. Mesa, Maricopa, Tempe) that sponsor nonprofit participation in the tribal grant program, 2) the grant administrator for the Gila River Indian Community, 3) the insurance company that provides coverage for the Friends of Apache Junction and the Apache Junction Community Development Corporation, and 4) local nonprofits that had previously requested sponsorship for the program (i e Empowerment Systems and East Valley Adult Resources). Based on these discussions, staff developed a set of policies that 1. Stipulates criteria for sponsorship, 2 Establishes a non compete criteria for sponsorship, 3 Identifies the process to be used for consideration of sponsorship requests, 4. Stipulates staff's role in the recommendation process; 5 Suggests Directors and Operators Liability Insurance for participating nonprofits; 6 Addresses the issue of administrative costs incurred by the City; 7. Addresses the issue of City liability; and 8 Addresses the issue of malfeasance by a sponsored nonprofit organization See Attachment 1 for the draft policies Staff also developed/secured documents that would be needed to complement the proposed policies These documents include a. 1. Sample of an intergovernmental agreement executed between a tribal entity and a pass through municipality. See Attachment 2 for a copy of the intergovernmental agreement used by the Fort McDowell Yavapai Nation between itself and a pass through municipality 2. Draft intergovernmental agreement that could be used between the City and a nonprofit when an IGA is not executed between the tribal entity and a pass through municipality See Attachment 3 for a copy of a proposed intergovernmental agreement between the City of Apache Junction and a nonprofit agency receiving pass through funds from the City. 3. Draft resolution that could be used by the City when sponsoring a nonprofit agency See Attachment 4 for a copy of a proposed City Council resolution authorizing the City's sponsorship of a nonprofit organization for participation in a tribal grant program RECOMMENDATION Staff respectfully recommends that Council review and discusses the proposed policies. Page 2 ACTION REQUIRED Review and discuss the proposed policies. Identify changes to be made to the policies. Attachment 1 Proposed Policies Attachment 2' Intergovernmental Agreement Utilized by the Ft McDowell Yavapai Nation Attachment 3 Proposed Intergovernmental Agreement Between the City of Apache Junction and a Nonprofit Organization Attachment 4 Proposed Resolution Sponsorship a Local Nonprofit for Participation in the Indian Community State Shared Revenue Program Page 3 IIICity Council Report: Attachment 1 AIR/ZONPP CITY OF APACHE JUNCTION, ARIZONA INDIAN COMMUNITY STATE SHARED REVENUE PROGRAM: LOCAL NONPROFIT PARTICIPATION As Adopted by the City Council on June 21, 2011 PURPOSE OF DOCUMENT The purpose of this document is to delineate criteria which the City may utilize to determine "sponsorship" of a nonprofit organization for participation in the Indian Community State Shared Revenue Program. BACKGROUND In November 2002, the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Anzona and the Native American communities. An important provision of Proposition 202 was the shanng of gaming revenues with the State. Henceforth, tribes would be assessed by the State a percentage of their gross gaming revenue. Tribes had the option of either paying all of this assessment into a State managed fund or to pay 88% of the assessment into the State managed fund and retain 12% of the assessment for distribution as grants Several Native American communities (e.g. Gila River Indian, Ak-Chin, Fort Mc Dowell Yavapai) exercised their option to retain and administer 12% of State shared revenue. Known as the Indian Community State Shared Revenue Program, the Program makes "Distributions to cities, towns, or counties for government services that benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development" Typical tribal funding priorities include. 1) public safety (police, fire, ems), 2) transportation; 3) health care services, 4) economic and/or community development, 5) education, and 6) environment The law also stipulates that local nonprofits may submit applications to tribal entities if the nonprofit organization is"sponsored" by an appropriate municipality. In such cases, the municipality agrees to act as a pass through for the grant funds. The municipality receives the grant funds from the tribal entity and in turn issues a check to the nonprofit agency. Pate I of 4 Communities choose to support nonprofit tribal grant applications because' 1) the law stipulates this role for municipalities, 2) it is a way to address local needs that government cannot (e g social services), 3) it is a way to assist local nonprofits, and 4) it is considered being a "good neighbor" Some tribal entities formalize the relationship between themselves and the pass through municipality by using an Intergovernmental Agreement (e.g. Fort Mc Dowell Yavapai Nation) See Addendum 1. Other tribal communities (e.g. Gila River Indian Community) do not formalize this relationship rather they encourage the pass through municipality and the nonprofit organization to develop their own contractual agreement if so desired. See Addendum 2 for a sample Intergovernmental Agreement that the City could utilize CRITERIA I CONSIDERATION FOR SPONSORSHIP An organization may be considered for sponsorship by the City Council if it is legally recognized by the Internal Revenue Service as a 501 (c) 3 organization, is in good standing in the City (e g current business license), provides a service to the residents of Apache Junction, and has a physical presence in the community (e g. branch office, satellite office) II NON COMPETE An organization may be considered for sponsorship if its grant application is not determined by City staff to be in competition with an application to be submitted by the City to the same tribal community during the same funding cycle III PROCESS TO BE UTILIZED a Grant Initiated by Nonprofit Organization An organization wishing to be sponsored by the City should initiate contact with the City's Revenue Resources Manager The organization will provide information as requested by the Manager in a timely fashion so that the necessary City Council reports may be prepared The Revenue Resources Manager will present to the City Council a report summarizing the organizations seeking sponsorship, the projects to be funded, and a recommendation on whether or not to sponsor the agency This information will be presented to the City Council during regularly scheduled work session(s) and City Council Meeting(s) The ultimate decision on sponsorship rests with the City Council As directed by the Page 2 of 4 tribal communities, sponsorship will be determined by the adoption of a City Council resolution authorizing the submission of the grant application under the auspices of Apache Junction See Addendum 3 for a sample resolution. b Grant Initiated by an Indian Community Some Indian Communities accept grant applications only by invitation (e g Salt River Pima-Maricopa Indian Community). In such cases, the Indian Community requests a nonprofit to submit a grant application that addresses a priority area of the Community, such applications still must be submitted through a sponsoring municipality If a nonprofit is requested by an Indian Community to submit a grant application that will address a need of the residents of Apache Junction, the City's Revenue Resources Manager will work with the Indian Community and the City Council to facilitate the honoring of that request IV STAFF RECOMMENDATION City staff will meet with an agency requesting sponsorship to determine if the agency. 1) serves Apache Junction residents, 2) addresses an identified community need, 3) maintains necessary City registration(s); and 4) maintains Directors and Operators Insurance coverage (See Section V). Based upon this information, staff will prepare a recommendation of sponsor/do not sponsor and submit to the City Council for consideration V DIRECTORS AND OPERATORS LIABILITY INSURANCE It is a good business practice for a nonprofit to maintain a Directors and Operators Liability Insurance Policy as part of its insurance package Such a policy protects the agency against allegations of wrongful acts or decisions that result in a financial loss Nonprofit agencies seeking "sponsorship" by the City are encouraged to maintain such a policy and to name the City of Apache Junction as a co-insured An agency's financial inability to maintain such a policy will not eliminate an organization from consideration for sponsorship VI ADMINISTRATIVE COSTS The City will incur some administrative costs (e g staff time) for sponsoring a nonprofit organization City staff will discuss with representatives of the nonprofit organization these costs and the possible reimbursement of them Inability to reimburse the City for these administrative costs will not eliminate an organization from consideration for sponsorship. Page 3 of 4 VII LIABILITY As noted earlier, some tribal entities execute Intergovernmental Agreements ("IGAs") between itself and the pass through municipalities Such IGAs typically have language which holds the municipalities harmless for any malfeasances with the funds to be granted. When possible, the City will execute an IGA with the tribal community. See Attachment 1 When an IGA is not utilized by the funder, the City will execute an IGA with the nonprofit receiving funds See Addendum 2 VIII MALFEASANCE Because its role is limited to that of a financial pass through, the City has no responsibility for the re-cooping of grant funds or the pursuit of legal remedies should malfeasance by the funded nonprofit organization occur during the life of a grant contract Financial malfeasance would be covered by a standard Directors and Operators Liability Insurance Policy. Malfeasance on the part of a nonprofit organization will preclude City sponsorship in future funding cycles Page 4 of 4 City Council Report. Attachment 2 Addendum 1 Intergovernmental Agreement Between The City of Mesa and The Fort McDowell Yavapai Nation To Provide Funds For Promoting Tourism and other Public Programs in the City of Mesa And Surrounding Communities Pursuant To A Tribal Revenue Sharing Agreement Authorized By Section 12 Payment of Regulatory Costs; Tribal Contributions Fort McDowell Yavapai Nation and State of Arizona Gaming Compact 2002, And Aft A.R.S. §5-601.02 Fort McDowell,Arizona 674966 1 Intergovernmental Agreement Between The City of Mesa and The Fort McDowell Yavapai Nation to Provide Funds for Promoting Tourism,Education and other Public Programs in the City of Mesa and Surrounding Communities This Intergovernmental Agreement (this "Agreement") is entered into by and between the City of Mesa, an Arizona municipal corporation (the "City") and the Fort McDowell Yavapai Nation(the "Nation"), a Federally-Recognized Indian Tribe, pursuant to Section 12 Payment of Regulatory Costs, Tribal Contributions ("Section 12") of the Fort McDowell Yavapai Nation and State of Arizona Gaming Compact 2002 (the"Compact")and A.R.S. §5-601 02. Recitals A. The City and Nation may enter into an agreement with one another for the distribution of 12% of the Nation's annual contribution under Section 12(b)(1) of the Compact to cities, towns, or counties that benefit the general public or promote commerce and economic development and pursuant to A R S § 5-601 02 B The Nation is authorized by Section 13(A)(15) of Article V, Legislative Branch, of the Constitution of the Fort McDowell Yavapai Nation to consult, negotiate, contract and conclude and perform agreements with Federal, state, local governments and Indian tribes, as well as any person, association, partnership,corporation,government or other private entity. C The City is authorized by A R S §§ 5-601 02 and 11-952 to enter into agreements with Indian Tribes for the purpose of accepting distributions to cities, towns or counties for governmental services that benefit the general public, including public safety, mitigation of impacts of gaming, or promotion of commerce and economic development. D. The City and Nation desire to enter into this Agreement to provide funds for the purpose of promoting education to benefit the general public in the State of Arizona and specifically the City of Mesa and surrounding communities, as designated by the Nation, hereinafter referred to as the "Designated Projects", as more particularly described in Exhibit A attached hereto and incorporated herein by reference. ,^ E The City and Nation desire to enter into this Agreement to define the terms and conditions of the Nations' funding of the Designated Projects F The total cost of the Designated Projects is One Hundred Ten Thousand One Hundred Eighty-Four dollars and zero cents($110,184 00) G The$110,184.00 is hereby made available for the Designated Projects from revenue generated by the Nation's Gaming Enterprise also known as the Fort McDowell Casino H The Nation intends to provide $110,184 00 (the "Funds"), which represents a portion of its contribution pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the Compact and A.R.S. § 5-601 02 to complete the Designated Projects. 674966 I Agreement NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the covenants and promises set forth below,the Nation and the City,hereby mutually agree as follows: 1. Designated Projects. The Designated Projects consist of the Nation providing the Funds to entities within the City of Mesa to promote education, public safety and for the benefit of the general public .•. in the City of Mesa and surrounding area,as identified in the attached Exhibit A. 2 Disbursement of Funds. Promptly after receipt of the Funds from the Nation, the City shall send a payment to such Designated Entity in the amount of the payment received from the Nation. 3. Consideration and Reliance. The Nation expressly acknowledges that the City's promise to accept and disburse to the Designated Entities all Funds received by the City pursuant to this Agreement is full and adequate consideration and shall render this promise to provide funding irrevocable, and this Agreement shall constitute a binding obligation of the Nation under applicable law. 4. Limited Duties of City. The Nation further expressly agrees that, except as specifically set forth in this Agreement, the City has no duties under or related to this Agreement other than to receive the Funds and deliver same to the Designated Entities,selection of Designated Entities and determination as to the amount of funding are solely at the discretion of the Nation. The Parties agree that there are no third-party beneficiaries to this Agreement. 5. Financing;Verification of Payment. A. Nation Deposit The Nation shall deposit with the City the amount of$110,184 00 within thirty (30) days of the Effective Date of this Agreement to be disbursed according the Designated Project amounts in Exhibit A. B. Verification of Payment. At the request of the Nation, the City shall provide a verification of payment to the Designated Entities The City's responsibility is limited to disbursement to each Designated Entity and the City has no further duty with regard to any third parties, provided that the disbursement is complete 6 Inspection and Audit. To ensure compliance with the City's limited duties herein, the Nation may inspect any and all records maintained by the City with respect to the Designated Project upon seven (7) days prior, written notice to the City This Section 6 shall survive termination, cancellation, or revocation,whether whole or in part,of this Agreement for a period of one(1)year following the date of such termination,cancellation,or revocation. 7 Term and Termination of Agreement. A. Effective Date This Agreement shall be effective on the date it is signed by the Nation's authorized representative B. Term. This Agreement shall commence upon the Effective Date and shall terminate when the funds have been received by the City and disbursed to the Designated Entities. C Termination. The Nation may terminate this Agreement with or without cause at any time prior to providing payment to the City, provided that such notice shall be in writing and delivered to the parties' designated representatives,as set forth in the Notice section 674966 I 2 w^ 8 Indemnification A Indemnification Each party shall indemnify, defend, and hold harmless the other party, its governing body, officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney's, consultant's, and accountant's fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of the negligence or willful misconduct of the indemnifying party, its employees or agents in performing the duties set forth in this Agreement. B. No Liability for Other Parry's Debts and Obligations Neither party shall be liable for any debts, accounts, obligations, nor other liabilities whatsoever of the other, including and without limitation the other parry's obligation to withhold employment and income taxes for itself or any of its employees C Severability This Section 8 shall survive termination,cancellation,or revocation,whether whole or in part, of this Agreement for a period of one (1) year from the date of such termination, cancellation or revocation unless a timely claim is filed under A R.S § 12-821 01, in which case this Section 8 shall remain in effect for each claim and/or lawsuit filed thereafter,but in no event shall this Section 8 survive more than five(5)years from the date of termination, cancellation or revocation of this Agreement 9 Interpretation of Agreement A Entire Agreement This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein, and all prior or contemporaneous agreements and understandings,oral or written,are hereby superseded and merged herein B. Amendment This Agreement shall not be modified, amended, altered, or changed except by written agreement signed by both parties C Construction and Interpretation All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals contained herein D Relationship of the Parties Neither party shall be deemed to be an employee or agent of the other party to this Agreement E. Days. Days shall mean calendar days F. Severability In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of the Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision 10 Waiver Waiver or delay in enforcement by either party of any breach of a term, covenant, or condition contained herein shall not be deemed a waiver of any other term,covenant,or condition,or any subsequent breach of the same or any other term,covenant,or condition contained herein 674966 I 3 11 Notification Any notice, communication, or modification shall be given in writing and shall be given by registered or certified mail or in person to the following individuals The date of receipt of such notices shall be the date the notice shall be deemed to have been given. For the Fort McDowell Yavapai Nation Raphael R Bear,President Drew Ryce, General Counsel Fort McDowell Yavapai Nation Fort McDowell Yavapai Nation .•. P O Box 17779 P O Box 17779 Fountain Hills,AZ 85269 Fountain Hills, AZ 85269 For the City of Mesa Christopher J Brady Mesa City Attorney's Office City Manager Attn City Attorney P 0 Box 1466 P 0 Box 1466 Mesa,AZ 85211-1466 Mesa,AZ 85211-1466 12 Assignment and Delegation Neither party shall assign nor delegate any of its rights, interest, obligations, covenants, or performance under this Agreement Any termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 13 Non-Waiver of Sovereign Immunity Nothing in this Agreement, Exhibit A or the Funding Agreements shall be construed to waive the Sovereign Immunity of the Nation [SIGNATURES ON FOLLOWING PAGE] Amok 674966 I 4 IN WITNESS WHEREOF, The City of Mesa has caused this Intergovernmental Agreement to be executed by the City Manager, upon resolution of the City Council and attested to by the Clerk of the City, and the Fort McDowell Yavapai Nation has caused this Intergovernmental Agreement to be executed by the Nation's Tnbal Council and attested to by its Tnbal Secretary This Agreement is effective upon signature of a duly appointed representative of the Fort McDowell Yavapai Nation ATTEST. FORT MCDOWELL YAVAPAI NATION Pansy Thomas, Secretary Raphael R Bear Fort McDowell Yavapai Nation President,Tnbal Council Fort McDowell Yavapai Nation Date ATTEST CITY OF MESA Linda Crocker,Clerk Christopher J. Brady,City Manager City of Mesa,Arizona City of Mesa,Arizona Date 674966 I 5 The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the FORT MCDOWELL YAVAPAI NATION,and has determined that this Agreement is in proper form and that execution hereof is within the powers and authonty granted under the Constitution of the Fort McDowell Yavapai Nation, Section 13(A)(15), Article V Legislative Branch, as adopted October 19, 1999 and approved by the U S Deputy Commissioner of Indian Affairs November 12, 1999. This acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Fort McDowell Yavapai Nation OIN Drew Ryce,General Counsel Date Fort McDowell Yavapai Nation In accordance with the requirements of A R.S. § 11-952(D), the undersigned attorney acknowledges that (i)he has reviewed the above Agreement on behalf of the CITY OF MESA and(u)as to the City of Mesa only,has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the laws of the State of Arizona Mesa City Attorney Date 674966 1 6 11 *.. EXHIBIT A DESIGNATED PROJECTS Entity Purpose Award Contact City of Mesa School District $71,000 00 Jerry Dillehay (Fremont Jr $20,500) City Of Mesa,Grants Coord (Red Mountain H.S.$15,500.00) 480-644-4202 .•� (Salk Elementary$35,000) Dr Debra Duvall Superintendent Mesa Schools 63 E main St #101 Mesa AZ 85201 480-472-0000 City of Mesa Public Safety $5000 00 Jerry Dillehay Fire Department City of Mesa Public Benefit $20,000 00 Chris Scarpati Child Crisis Center Child Crisis Center 817 N Country Club Drive Mesa, AZ 85201 480-834-9492 City of Mesa Public Benefit $14,184 00 Jerry Dillehay Mesa Art Center Am Indian Art Ctr. TOTAL $110,184 00 .o. 674966 1 City Council Report: Attachment 3 Addendum 2 When recorded return to. Richard Joel Stern, Esq. Apache Junction City Attorney 300 East Superstition Blvd. Apache Junction, AZ 85119 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND EAST VALLEY ADULT RESOURCES THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made as of the day of 20_, by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and East Valley Adult Resources, a nonprofit agency ("EVAR"). City and EVAR are sometimes referred to herein collectively as the "Parties," or individually as a "Party " RECITALS • EVAR, serving Apache Junction residents, is a nonprofit organization which provides social, recreational, fitness, advocacy, and transportation services at the Apache Junction Active Adult Center. • EVAR desires to utilize funds provided by the Gila River Indian Community to provide transportation services in Apache Junction • The Gila River Indian Community ("GRIC") desires to convey to Apache Junction a portion of its annual 12% local revenue-sharing contribution required to be paid to local governments for the benefit of the general public in -- accordance with the Tribal-State Gaming Compact executed by and between GRIC and the State of Arizona in 2003, and pursuant to A.R.S. § 5-601.02, for disbursement by Apache Junction to EVAR. • Apache Junction desires to disburse the aforementioned contribution to the EVAR and to set forth the mutual understandings between Apache Junction and EVAR. • The City has the desire and the ability to assist EVAR • There is a need for mutual cooperation for a pass through of grant funds from the Gila River Community to the City of Apache Junction and ultimately to East Valley Adult Resources. • Mutual cooperation would result in EVAR's obtaining assistance from City, which translates to public savings. 1 • EVAR is authorized to contract with cities and towns and to provide programming and transportation to the senior citizen population of the East Valley pursuant to A.R.S. § 15-1441 et seq. • The Parties have mutual interests in this project and wish to enter into this Agreement with certain terms and conditions. AGREEMENT —. NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants set forth herein, and for other consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows. 1. ACCURACY OF THE RECITALS: The Parties hereby confirm the accuracy of the Recitals set forth above, which are incorporated herein by this reference. 2. CITY'S OBLIGATIONS: City agrees to do all of the following: a. Disburse the aforementioned contribution to EVAR. b. Review copies of all reports and documents sent to the Gila River Indian Community by EVAR related to funded project. c. 3. EVAR'S OBLIGATIONS. EVAR agrees to do all of the following: -' a Hold harmless the City of Apache Junction and its agents b. Provide to the City of Apache Junction a copy of all reports and documents sent to the Gila River Indian Community related to funded project. c. 4. Purpose. The purpose of this Agreement is to set forth the rights and responsibilities of the Parties with respect to the acceptance and distribution of the contribution to EVAR. 2 5. Funding Schedule. GRIC shall deliver a one-time payment of $45,000 to the City of Apache Junction for disbursement to EVAR for the provision of transportation services at the Apache Junction Active Adult Center ("Center"). The purpose of the contribution is to provide Apache Junction residents with transportation to: the Center, Center Programs, local medical appointments, and local shopping hubs. 6. Term. The term of this Agreement shall begin on the date of execution and shall terminate when Apache Junction has disbursed the contribution to EVAR. 7. Indemnification and Hold Harmless. EVAR shall indemnify, defend and hold harmless Apache Junction its governing body, departments, officials, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, fees for attorneys, consultants and accountants or costs and expenses of any kind and nature, resulting from or arising out of the negligence or willful misconduct of Apache Junction, its governing body, departments, employees and agents in performing the duties set forth in this Agreement. 8. Transactional Conflicts of Interest. Each Party acknowledges that this Agreement is subject to cancellation pursuant to the provisions of A.R.S. § 38-511. 9 Waiver. No waiver, whether written or tacit, of any remedy or provision of this Agreement shall be deemed to constitute a waiver of any other provision hereof or a permanent waiver of the provision concerned, unless otherwise stated in writing by the Party to be bound thereby. 10. Severability. If any provision of this Agreement shall be found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected thereby and shall remain in effect and be valid and enforceable to the fullest extent permitted by law. 11. NOTICES. Except as otherwise required by law, any notice required or permitted under this Agreement shall be in writing and shall be given by personal delivery, or by deposit in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed to the Parties at their respective addresses set forth below, or at such other address as a Party may designate in writing pursuant to the terms of this Section, or by telecopy or telefacsimile machine, or by any nationally recognized express or overnight delivery service (e.g. Federal Express or UPS), delivery charges prepaid: 3 If to City: City of Apache Junction Attn: City Manager 300 E. Superstition Blvd. Apache Junction, Arizona 85119-2899 Telephone: (480) 474-5066 Facsimile: (480) 474-5110 With a copy to: City of Apache Junction Attn: City Attorney — 300 E. Superstition Blvd. Apache Junction, Arizona 85119-2899 Telephone• (480) 474-2604 Facsimile: (480) 982-5883 If to EVAR: East Valley Adult Resources Attn: Executive Director 45 West University Suite A - Mesa, Arizona 85201 Telephone: (480) 964-9014 Facsimile: (480)898-7306 With a copy to: Telephone: ( ) - Facsimile: ( ) - 4 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. EAST VALLEY ADULT RESOURCES, an Arizona nonprofit organization By• Mary Turley Its. President, Board of Directors CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco Its: Mayor ATTEST: By: Kathy Connelly, City Clerk 5 STATE OF ARIZONA ) ) ss. County of ) The foregoing was acknowledged before me this day of , 20_, by [Name], [Title] of [Other Agency], an Arizona [description of agency]. Notary Public My Commission Expires: (seal) STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 2010, by John S. Insalaco, the Mayor of City of Apache Junction, Arizona, an Arizona municipal corporation, who acknowledged that he signed the foregoing instrument on behalf of City. Notary Public My Commission Expires: (seal) 6 COUNSEL APPROVAL AS TO FORM• I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. -- , EVAR Attorney Date I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Richard J. Stern, City Attorney Date 7 EXHIBIT A [TITLE OF EXHIBIT A] 1 Aambk EXHIBIT B [TITLE OF EXHIBIT B] 1 City Council Report: Attachment 4 Addendum 3 RESOLUTION NO. 11-31 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS . SAID APPLICATION IS SUBMITTED BY THE CITY OF APACHE JUNCTION ON BEHALF OF EAST VALLEY ADULT RESOURCES . WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that. 1) benefit the general public; 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development, and WHEREAS, private, not-for-profit organizations wishing to access Proposition 202 funding to provide public benefits must secure sponsorship from a city, town or county before making application. Said sponsorship must be expressed in a resolution passed by the local government sponsor. WHEREAS, the Gila Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS . RESOLUTION NO 11-31 PAGE 1 OF 3 ON ^ Section 1. Staff is authorized to submit an application, on behalf of East Valley Adult Resources, to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the application, contracts and grant documents for receipt and distribution of the Proposition 202 funds for the operation of the transportation program at the Apache Junction Active Adult Center in an amount not to exceed $45, 000. Section 2 : Staff is directed to execute an Intergovernmental Agreement between the City of Apache Junction and the East Valley Adult Resources Board of Directors for use of the funds if the grant is awarded. Section 3: The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application Section 4 . The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 5. The City has no duties under or related to this resolution other than to receive the funds and deliver same to East Valley Adult Resources; the determination as to the amount of funding is solely at the discretion of the Gila River Indian Community. All parties agree there are no third-party beneficiaries to this document. Section 6- If awarded funding, East Valley Adult Resources will provide the City of Apache Junction copies of all reports and documents related to the project funded by the Gila River Indian RESOLUTION NO. 11-31 PAGE 2 OF 3 ems Community. Section 7 : The City Council supports this grant request for funding and if awarded will administer the funds directly to East Valley Adult Resources as a pass through grant. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011 SIGNED AND ATTESTED TO THIS DAY OF , 2011 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J STERN City Attorney RESOLUTION NO. 11-31 PAGE 3 OF 3 Q,QpCHF� �� ' .., "4.0 z City ofApache V Junction Rizot Development Services Department MEMORANDUM DATE: June 3, 2011 TO: The Honorable Mayor and City Council FROM: Roger S. Hacker, Revenue Resources Manager SUBJECT: City Council Work Session June 6, 2011 Agenda Item Number 3 PRESENTATION AND DISCUSSION ON PROPOSED POLICIES GOVERNING THE CITY'S SPONSORSHIP OF NONPROFIT ORGANIZATIONS FOR PARTICIPATION IN THE INDIAN COMMUNITY STATE SHARED REVENUE PROGRAM Attached are amended versions of the following documents contained in the staff report. • City Council Report Attachment 3 (Proposed Intergovernmental Agreement Between the City of Apache Junction and a Nonprofit Organization); and • City Council Report. Attachment 4 (Proposed Resolution Sponsorship a Local Nonprofit for Participation in the Indian Community State Shared Revenue Program). The amended documents were not prepared in time for inclusion in the Council packet The amended documents supersede the corresponding documents contained in the Council packet and will be reviewed and discussed during the June 6, 2011 Council work session Please accept staff's apologies for any inconvenience or confusion this may have caused Thank you City Council Report: Attachment 3 Addendum 2 When recorded return to: Richard Joel Stern, Esq. Apache Junction City Attorney 300 East Superstition Blvd. Apache Junction, AZ 85119 GRANT PASS THROUGH AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND EAST VALLEY ADULT RESOURCES THIS GRANT PASS THROUGH AGREEMENT (the "Agreement") is made as of the day of 20 , by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and East Valley Adult Resources, a nonprofit agency ("EVAR"). City and EVAR are sometimes referred to herein collectively as the "Parties," or individually as a "Party." RECITALS A. EVAR is a nonprofit organization which provides social, recreational, fitness, advocacy, and transportation services at the Apache Junction Active Adult Center for Apache Junction residents. B. EVAR desires to utilize Gila River Indian Community funds for transportation services in Apache Junction C. The Gila River Indian Community ("GRIC") desires to convey to City a portion of its annual 12% local revenue-sharing contribution required to be paid to local governments for the benefit of the general public in accordance with the Tribal-State Gaming Compact executed by and between GRIC and the State of Arizona in 2003, and pursuant to A.R.S. § 5-601.02, for disbursement by City to EVAR. D. City desires to disburse the aforementioned contribution to the EVAR and to set forth the mutual understandings between City and EVAR. E. There is a need for mutual cooperation for a pass through of grant funds from GRIC to City and ultimately to East Valley Adult Resources F. Mutual cooperation would result in EVAR's obtaining assistance from City, which translates to public savings. 1 G. The Parties have mutual interests in this project and wish to enter into this Agreement with certain terms and conditions. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants set forth herein, and for other consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1. ACCURACY OF THE RECITALS: The Parties hereby confirm the accuracy of the Recitals set forth above, which are incorporated herein by this reference. 2. CITY'S OBLIGATIONS: City agrees to do all of the following a. Disburse the aforementioned GRIC contribution to EVAR. b Review copies of all reports and documents sent to the Gila River Indian Community by EVAR related to funded project 3 EVAR'S OBLIGATIONS. EVAR agrees to do all of the following: a. Hold harmless the City of Apache Junction and its agents for any acts or omissions by City, its elected officials, appointees, and employees. b. Provide to the City of Apache Junction a copy of all reports and documents sent to the GRIC related to funded project no later than 30 days after their submission to GRIC 4. Purpose. The purpose of this Agreement is to set forth the rights and responsibilities of the Parties with respect to the acceptance and distribution of the contribution to EVAR 5. Funding Schedule. GRIC shall deliver a one-time payment of $45,000 to the City for disbursement to EVAR for the provision of transportation services at the Apache Junction Active Adult Center ("Center"). The purpose of the contribution is to provide City residents with transportation to the Center, Center Programs, local medical appointments, and local shopping hubs 6. Term. The Term of this Agreement is one calendar year from the execution date 7. Indemnification and Hold Harmless. EVAR shall indemnify, defend and hold harmless the City, its Mayor and City Council, appointees, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, fees for attorneys, consultants and accountants or costs and expenses of any kind and nature, resulting from or arising out of the negligence or willful misconduct of City, its Mayor and City Council, appointees, employees and agents in performing the duties set forth in this Agreement. 8. Transactional Conflicts of Interest. The Parties acknowledge that this Agreement is subject to cancellation pursuant to the provisions of A.R.S. § 38-511 9. Waiver. No waiver, whether written or tacit, of any remedy or provision of this Agreement shall be deemed to constitute a waiver of any other provision hereof or a permanent waiver of the provision concerned, unless otherwise stated in writing by the Party to be bound thereby. 10. Severability. If any provision of this Agreement shall be found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected thereby and shall remain in effect and be valid and enforceable to the fullest extent permitted by law. 11 No Third Party Beneficiary Rights The Parties agree that no third party rights attach to this agreement. 12. NOTICES: Except as otherwise required by law, any notice required or permitted under this Agreement shall be in writing and shall be given by personal delivery, or by deposit in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed to the Parties at their respective addresses set forth below, or at such other address as a Party may designate in writing pursuant to the terms of this Section, or by telecopy or telefacsimile machine, or by any nationally recognized express or overnight delivery service (e.g. Federal Express or UPS), delivery charges prepaid: If to City City of Apache Junction Attn: City Manager 300 E. Superstition Blvd. Apache Junction, Arizona 85119-2899 Telephone: (480) 474-5066 Facsimile: (480) 474-5110 If to EVAR• East Valley Adult Resources Attn: Executive Director 3 45 West University Suite A - Mesa, Arizona 85201 Telephone: (480) 964-9014 Facsimile: (480)898-7306 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. EAST VALLEY ADULT RESOURCES, an Arizona nonprofit organization By Mary Turley Its: President, Board of Directors CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco Its: Mayor ATTEST: By: Kathy Connelly, City Clerk APPROVE AS TO FORM: By: Richard J Stern, City Attorney 4 STATE OF ARIZONA ) ) ss. County of ) The foregoing was acknowledged before me this day of , 20 , by [Name], [Title] of [Other Agency], an Arizona [description of agency]. Notary Public My Commission Expires- (seal) STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 2010, by John S. Insalaco, the Mayor of City of Apache Junction, Arizona, an Arizona municipal corporation, who acknowledged that he signed the foregoing instrument on behalf of City. Notary Public My Commission Expires (seal) 5 City Council Report: Attachment 4 Addendum: 3 RESOLUTION NO. 11-31 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS. WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that: 1) benefit the general public; 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, private, not-for-profit organizations wishing to access Proposition 202 funding to provide public benefits must secure sponsorship from a city, town or county before making application. Said sponsorship must be expressed in a resolution passed by the local government sponsor. WHEREAS, the Gila Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: Section 1 : RESOLUTION NO. 11-31 PAGE 1 OF 3 Staff is authorized to submit an application, on behalf of East Valley Adult Resources, to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the application, contracts and grant documents for receipt and distribution of the Proposition 202 funds for the operation of the transportation program at the Apache Junction Active Adult Center in an amount not to exceed $45, 000. Section 2: The Mayor is authorized to execute a Grant Pass Through Agreement between the City of Apache Junction and the East Valley Adult Resources Board of Directors for use of the funds if the grant is awarded. Section 3: The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application. Section 4 : The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 5: The City has no duties under or related to this resolution other than to receive the funds and deliver same to East Valley Adult Resources, the determination as to the amount of funding is solely at the discretion of the Gila River Indian Community. All parties agree there are no third-party beneficiaries to this document. Section 6. If awarded funding, East Valley Adult Resources will provide the City of Apache Junction copies of all reports and documents related to the protect funded by the Gila River Indian Community. RESOLUTION NO. 11-31 PAGE 2 OF 3 Section 7 : The City Council supports this grant request for funding and if awarded will administer the funds directly to East Valley Adult Resources as a pass through grant. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011 . SIGNED AND ATTESTED TO THIS DAY OF , 2011 . JOHN S. INSALACO Mayor ATTEST : KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 11-31 PAGE 3 OF 3 rpACH 44 1 City of Apache Junction Home of the Superstition Mountains AS Print TO: City Manager's Office FROM. Roger S.Hacker,Revenue Resources Manager DATE. June 6,2011 Agenda Type. Work Session Agenda Council Priority Focus Area: Revenue Development TITLE OF AGENDA ITEM- PRESENTATION AND DISCUSSION ON POTENTIAL GRANT APPLICATIONS FOR SUBMISSION TO THE GILA RIVER INDIAN COMMUNITY FOR PARTICIPATION IN THE FISCAL YEAR 2011-2012 INDIAN COMMUNITY STATE SHARED REVENUE PROGRAM ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION. Staff respectfully requests that the city council review and discuss potential projects to be submitted to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2011-2012 The deadline for submitting applications is June 30, 2011. Staff will present to council three city projects and two nonprofit projects FISCAL IMPACT: Budgetary Approval Not Required �► OPTIONS/ALTERNATIVES: RECOMMENDATION: Staff respectfully recommends that the City Council review and discuss the potential projects and then indicate to staff which project(s) should move forward in the application process ATTACHMENTS: Click to download U Staff Report U Children's Health Outreach Coalition t] Electronic Community Message Marquee U Fit Families U Maior Crimes Evidence Recovery Squad U Senior Transportation Proaram Agn P A f • : .. City of Apache Junction 4A' ° P Department of Public Safety MEMORANDUM DATE: May 26,2011 TO: The Honorable Mayor and City Council THROUGH: George Hoffman,City Manager Brad Steinke, Development Services Director FROM: Roger S Hacker, Revenue Resources Manager SUBJECT: Gila River Indian Community State Shared Revenue Program Grant Application For Fiscal Year 2011-2012. REOUEST Staff respectfully requests that the City Council review and discuss potential projects to be submitted to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2011-2012 funding Please see Attachments 1-5 for summaries of the proposed projects. At the end of the discussion, staff respectfully requests an indication of which project(s)to move forward in the application process. The resolutions for the selected projects, a mandated part of the Gila River application,will be presented to the Council during the June 20,2011 and June 21, 2011 Council meetings BACKGROUND Amok Gila Community In November 2002, the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Arizona and the Native American tribes An important provision of Proposition 202 was the sharing of gaming revenues with the State. Henceforth,tribes would be assessed by the State a percentage of their gross gaming revenue. Tribes had the option of either paying all of this assessment into a State managed fund or to pay 88%of the assessment into the State managed fund and retain 12%of the assessment for distribution as grants. The Gila River Indian Community("GRIC")exercised its option to retain and administer 12%of State shared revenue. Known as the Gila River Indian Community State Shared Revenue Program,the Program makes"Distributions to cities,towns, or counties for government services that benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development" Gila River's policy is to generally limit the distributions to cities,towns, and counties in Maricopa and Pinal Counties. Funding priorities /Mk. ... include. 1) Public Safety(police, fire, EMS); 2) Transportation Facilities, 3) Health Care Services, 4) Economic Development, and 5) Education. The law also stipulates that local nonprofits may submit applications to tribal entities if the nonprofit organization is"sponsored" by an appropriate municipality. In such cases, the municipality agrees to act as a conduit for the grant funds. The municipality receives the grant funds from the tribal entity and in turn issues a check to the nonprofit agency. Since the inception of the grant program, the City has received funding from GRIC for two public safety projects. $77,958 to purchase an automated fingerprinting identification system (2006) and $62,702 to purchase equipment to be used in Operation DUI Purge(2007) Public safety projects not funded include the purchase of a Fire Arms Training System (2008); eight mobile data terminals (2009), and three mobile data terminals (2010) City of Apache Junction Since the inception of the Indian Community State Shared Revenue Program, the City has received four requests for nonprofit sponsorship Each time, the City opted not to sponsor nonprofits for tribal grant submissions for a variety of reasons Instead, the City has exclusively submitted grant applications for City public safety projects. Given the impact that the current economic situation has had on nonprofit agencies, Arizona nonprofits have lost an average of 20%of their income over the last two years while the demand for services has increased dramatically, and the fact that Gila River has indicated it will have considerably more funds for its grant program, staff thought it an opportune time to discuss with the City Council the Indian Community State Shared Revenue Program. In April and May 2011, City staff discussed with the Council the possibility of the City sponsoring nonprofit organizations for submission of grant applications to tribal entities. On May 3, 2011 the City Council directed staff to present a set of policies to govern such sponsorships .•. The first review of these policies is to occur during the June 6, 2011 work session DISCUSSION This year, staff is forwarding to the City Council for consideration a mixture of projects from the City(3) and local nonprofits(2) The nonprofit projects are forwarded with the understanding that the Council will discuss the policy of sponsoring such applications earlier in the June 6, 2011 work session Nonprofit applicants understand that their applications may not move forward in the application process Page 2 wolik Projects for consideration by Council include Project Amount Requested GRIC Priority Children's Health Outreach Coalition $50,000 health Electronic Community Message Marquee $50,000 economic development .�. Fit Families $35,900 education, health,transport Major Crimes Evidence Recovery Squad $38,919 public safety Senior Transportation Program $45,000 transportation City projects (Electronic Community Message Marquee, Fit Families, Major Crimes Evidence Recovery Squad)were submitted by City staff with the approval of Department/Division Directors Nonprofit projects(Children's Health Outreach Coalition, Senior Transportation Program) were solicited from appropriate nonprofits that had requested sponsorship in previous years. These projects/agencies meet the criteria set out in the proposed Indian Community State Shared Revenue Program• Local Nonprofit Participation policies. RECOMMENDATION Staff respectfully recommends that Council discuss the five projects under consideration and indicate which project(s) should move forward in the grant application process. ACTION REQUIRED Review and discuss projects. Indicate which project(s) should move forward in the grant application process Attachment 1. Children's Health Outreach Coalition (Empowerment Systems, Inc) Attachment 2• Electronic Community Message Marquee (City. Econ. Development Division) Attachment 3. Fit Families (City. Parks and Recreation Department) Attachment 4 Major Crimes Evidence Recovery Squad (City: Police Department) Attachment 5: Senior Transportation Program (East Valley Adult Resources) Page 3 �Qp r.Ck� �� .. O 2a VI I � w�� 1 City of Apache junction Development Services Department MEMORANDUM DATE: June 3, 2011 TO: The Honorable Mayor and City Council FROM: Roger S. Hacker, Revenue Resources Manager SUBJECT. City Council Work Session June 6, 2011 Agenda Item Number 3 PRESENTATION AND DISCUSSION ON PROPOSED POLICIES GOVERNING THE CITY'S SPONSORSHIP OF NONPROFIT ORGANIZATIONS FOR PARTICIPATION IN THE INDIAN COMMUNITY STATE SHARED REVENUE PROGRAM Attached are amended versions of the following documents contained in the staff report. • City Council Report Attachment 3 (Proposed Intergovernmental Agreement Between the City of Apache Junction and a Nonprofit Organization); and • City Council Report Attachment 4 (Proposed Resolution Sponsorship a Local Nonprofit for Participation in the Indian Community State Shared Revenue Program) The amended documents were not prepared in time for inclusion in the Council packet The amended documents supersede the corresponding documents contained in the Council packet and will be reviewed and discussed during the June 6, 2011 Council work session. Please accept staff's apologies for any inconvenience or confusion this may have caused Thank you City Council Report. Attachment 3 Addendum 2 When recorded return to: Richard Joel Stern, Esq. Apache Junction City Attorney 300 East Superstition Blvd. Apache Junction, AZ 85119 GRANT PASS THROUGH AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND EAST VALLEY ADULT RESOURCES THIS GRANT PASS THROUGH AGREEMENT (the "Agreement") is made as of the day of 20_, by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and East Valley Adult Resources, a nonprofit agency ("EVAR") City and EVAR are sometimes referred to herein collectively as the "Parties," or individually as a "Party." RECITALS A. EVAR is a nonprofit organization which provides social, recreational, fitness, advocacy, and transportation services at the Apache Junction Active Adult Center for Apache Junction residents. B. EVAR desires to utilize Gila River Indian Community funds for transportation services in Apache Junction. C The Gila River Indian Community ("GRIC") desires to convey to City a portion of its annual 12% local revenue-sharing contribution required to be paid to local governments for the benefit of the general public in accordance with the Tribal-State Gaming Compact executed by and between GRIC and the State of Arizona in 2003, and pursuant to A.R.S. § 5-601.02, for disbursement by City to EVAR. D. City desires to disburse the aforementioned contribution to the EVAR and to set forth the mutual understandings between City and EVAR E. There is a need for mutual cooperation for a pass through of grant funds from GRIC to City and ultimately to East Valley Adult Resources. F. Mutual cooperation would result in EVAR's obtaining assistance from City, which translates to public savings. 1 G. The Parties have mutual interests in this project and wish to enter into this Agreement with certain terms and conditions AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants set forth herein, and for other consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1 . ACCURACY OF THE RECITALS: The Parties hereby confirm the accuracy of the Recitals set forth above, which are incorporated herein by this reference. 2. CITY'S OBLIGATIONS: City agrees to do all of the following: a. Disburse the aforementioned GRIC contribution to EVAR. b. Review copies of all reports and documents sent to the Gila River Indian Community by EVAR related to funded project. 3. EVAR'S OBLIGATIONS: EVAR agrees to do all of the following: a Hold harmless the City of Apache Junction and its agents for any acts or omissions by City, its elected officials, appointees, and employees b. Provide to the City of Apache Junction a copy of all reports and documents sent to the GRIC related to funded project no later than 30 days after their submission to GRIC 4. Purpose The purpose of this Agreement is to set forth the rights and responsibilities of the Parties with respect to the acceptance and distribution of the contribution to EVAR. 5. Funding Schedule. GRIC shall deliver a one-time payment of $45,000 to the City for disbursement to EVAR for the provision of transportation services at the Apache Junction Active Adult Center ("Center"). The purpose of the contribution is to provide City residents with transportation to the Center, Center Programs, local medical appointments, and local shopping hubs. 6. Term. The Term of this Agreement is one calendar year from the execution date. 7. Indemnification and Hold Harmless. EVAR shall indemnify, defend and hold harmless the City, its Mayor and City Council, appointees, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, fees for attorneys, consultants and accountants or costs and expenses of any kind and nature, resulting from or arising out of the negligence or willful misconduct of City, its Mayor and City Council, appointees, employees and agents in performing the duties set forth in this Agreement. 8. Transactional Conflicts of Interest. The Parties acknowledge that this Agreement is subject to cancellation pursuant to the provisions of A.R.S. § 38-511. 9. Waiver. No waiver, whether written or tacit, of any remedy or provision of this Agreement shall be deemed to constitute a waiver of any other provision hereof or a permanent waiver of the provision concerned, unless otherwise stated in writing by the Party to be bound thereby. 10. Severability. If any provision of this Agreement shall be found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected thereby and shall remain in effect and be valid and enforceable to the fullest extent permitted by law. 11. No Third Party Beneficiary Rights. The Parties agree that no third party rights attach to this agreement 12. NOTICES: Except as otherwise required by law, any notice required or permitted under this Agreement shall be in writing and shall be given by personal delivery, or by deposit in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed to the Parties at their respective addresses set forth below, or at such other address as a Party may designate in writing pursuant to the terms of this Section, or by telecopy or telefacsimile machine, or by any nationally recognized express or overnight delivery service (e.g. Federal Express or UPS), delivery charges prepaid: If to City: City of Apache Junction Attn City Manager 300 E. Superstition Blvd. Apache Junction, Arizona 85119-2899 Telephone (480) 474-5066 Facsimile: (480) 474-5110 If to EVAR: East Valley Adult Resources Attn Executive Director 3 45 West University Suite A - Mesa, Arizona 85201 Telephone (480) 964-9014 Facsimile: (480)898-7306 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. EAST VALLEY ADULT RESOURCES, an Arizona nonprofit organization By: Mary Turley Its President, Board of Directors CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco Its: Mayor ATTEST: By: Kathy Connelly, City Clerk APPROVE AS TO FORM: By: Richard J. Stern, City Attorney 4 STATE OF ARIZONA ) ) ss. County of ) The foregoing was acknowledged before me this day of , 20_, by [Name], [Title] of [Other Agency], an Arizona [description of agency]. Notary Public My Commission Expires: (seal) STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 2010, by John S. Insalaco, the Mayor of City of Apache Junction, Arizona, an Arizona municipal corporation, who acknowledged that he signed the foregoing instrument on behalf of City. Notary Public My Commission Expires: (seal) 5 City Council Report: Attachment 4 Addendum: 3 RESOLUTION NO. 11-31 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS. WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that: 1) benefit the general public; 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, private, not-for-profit organizations wishing to access Proposition 202 funding to provide public benefits must secure sponsorship from a city, town or county before making application. Said sponsorship must be expressed in a resolution passed by the local government sponsor. WHEREAS, the Gila Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: Section 1 : Staff is authorized to submit an application, on behalf of East RESOLUTION NO. 11-31 PAGE 1 OF 3 Valley Adult Resources, to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the application, contracts and grant documents for receipt and distribution of the Proposition 202 funds for the operation of the transportation program at the Apache Junction Active Adult Center in an amount not to exceed $45, 000. Section 2 : The Mayor is authorized to execute a Grant Pass Through Agreement between the City of Apache Junction and the East Valley Adult Resources Board of Directors for use of the funds if the grant is awarded. Section 3: The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application Section 4 : The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 5: The City has no duties under or related to this resolution other than to receive the funds and deliver same to East Valley Adult Resources; the determination as to the amount of funding is solely at the discretion of the Gila River Indian Community. All parties agree there are no third-party beneficiaries to this document. Section 6: If awarded funding, East Valley Adult Resources will provide the City of Apache Junction copies of all reports and documents related to the project funded by the Gila River Indian Community. RESOLUTION NO. 11-31 PAGE 2 OF 3 Section 7 : The City Council supports this grant request for funding and if awarded will administer the funds directly to East Valley Adult Resources as a pass through grant . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011. SIGNED AND ATTESTED TO THIS DAY OF , 2011 JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 11-31 PAGE 3 OF 3 Isp,CH ✓y City of Apache Junction Home ofthe Superstition Mountains 4' ,zo$R al Print TO: City Manager's Office FROM. Liz Riley, Human Resources Director DATE: June 6, 2011 Agenda Type Work Session Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON TERM LIFE INSURANCE REQUEST FOR PROPOSALS (RFP). ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION. Liz Riley, Human Resources Director, will provide an overview of the twelve responses to the Request for Proposal (RFP)for term life insurance FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D Cover Memo 1Rr2octP To: George Hoffman, City Manager Through: Bryant Powell,Assistant City Manager p� From: Elizabeth H. Riley, Director of Human Resources Date: May 13, 2011 Subject: Term Life Insurance On March 16, 2011 the City of Apache Junction released a Request for Proposal (RFP) for group life insurance Responses were due on April 20,2011at 2.00 PM. The City mailed copies of the RFP to applicable companies on the City's bid list in addition to others who had expressed an interest over time. The mailing went to approximately16 companies Information relating to the RFP was also posted on the City's website and advertised in the Arizona Republic Responses were received from 12 companies including Standard Insurance Company, which is the current provider Responses were received from. Aetna Humana MetLife Standard Cigna ING MinnLife SunLife Hartford Lincoln Prudential UNUM The responses were reviewed by the City's Benefit Consultant,Jim Loeb and the Director of Human Resources The Benefit Consultant and the Director of Human Resources recommend the City accept the proposal submitted by Minnesota Life. The cost is$24,315 per year for a three(3)year contract this amount includes the Water District. It is also recommended that there are two one-year renewal periods,for a total of five(5)years. It is anticipated that by contracting with Minnesota Life the City will realize a cost avoidance of approximately $7,535 while enhancing some of the provisions offered by the current provider Elizabeth H Riley Director of Human Resources City of Apache Junction 300 E Superstition Blvd Apache Junction.AZ 85219 480.474.2617 P4AHf✓ City of Apache unctio Home of the Superstition Mountains 4RrzoNP Print TO. City Manager's Office FROM: Brad Steinke, Director of Development Services DATE: June 6, 2011 Agenda Type . Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: DISCUSSION ON PROPOSED DOWNTOWN OVERLAY ZONING DISTRICT AND DESIGN GUIDELINES ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION. The city council will continue their discussion on the proposed Downtown Overlay Zoning District and the Downtown Design Guidelines, which were recommended for approval by the Planning and Zoning Commission on April 26, 2011. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES. Zoning Ordinance Requirement RECOMMENDATION: Presentation and discussion only ATTACHMENTS: Click to download 0 Cover Memo P A H City of Apache Junction 4q Development Services Department To: Mayor and City Council From• Brad Steinke, Director of Development Services Date. May 25, 2011 RE: 1. Downtown Overlay Zoning District Draft 2. Downtown Overlay District Design Guidelines Draft On June 6`h, the council is scheduled to have their 2"d work session on the proposed "Downtown Overlay Zoning District" and the "Downtown Overlay District Design Guidelines". At the last work session, staff gave a presentation of the Planning and Zoning Commission's recommended ordinance and design guidelines The following addresses comments made by the council at that meeting. 1. Expectation that residential development within the Transition Zone will reflect the Old West design. If the developer wishes to provide residential units above ground floor retail uses, the old west design can easily be incorporated into the architecture If, however, the developer wishes to build a stand alone multi-family building that's unrelated to a business use, the residential developer may find the true old west design to be a liability Alternatively, in those instances it seems reasonable to ask for a southwest design that both relates to our design expectations and also provides the contemporary needs of the rental/condo residential market. As an example, picture the Best Western motel building design for the Apache Junction and Gold Canyon locations. 2 Should We Allow Standalone Multi-Family Residential Buildings in the Downtown? Yes. If we look at emerging downtowns and catalysts for downtown reinvestment, multi- family residential rentals and condos have been an important factor. While we might prefer to have 1S` story retail and upper stories residential, the residential development model typically reflects an independent residential product. Therefore, I think it's important to allow flexibility with residential development approaches in the downtown 3 Building Height Conflict with Mountain Views. While our current city center district ("CCD") allows building heights up to 75 feet in portions of the Core Downtown Zone, it is unlikely that our localized market will necessitate these higher urban buildings. Alternatively, 4-story buildings up to 45 feet in height may occur within the CCD, but should minimally impact mountain views. 4 Voluntary Approach to Design Guidelines May Not Fulfill II.wntown Plan Goals. The Downtown Overlay District and Downtown Design Guidelines are being proposed as an optional choice for property owners The Planning and Zoning Commission debated this matter and concluded that a mandatory ordinance amendment may invite opposition, protest and political failure. If, however, the council disagrees and is interested in requiring mandatory design standards, the draft ordinance can be easily modified to accomplish this 5. What Uses Should Be Allowed? The proposed overlay ordinance references the North American Industry Classification System ("NAICS") for allowed uses, rather than using the traditional approach to listing uses within the zoning regulations. Staff has distributed an NAICS list of proposed allowed uses to council members (check your council boxes) and is asking council members to review the list and determine which uses should be ... permitted by right, permitted by conditional use or expressly prohibited Hopefully we can reconcile this list at the June 6th meeting 6. Will Temporary Use Regulations be Streamlined?Yes The proposed ordinance identifies specific types of temporary uses that the city's Zoning Administrator would be allowed to administratively approve without Planning & Zoning Commission, Board of Adjustment or City Council approval. Attached Exhibit A reflects an updated version of the temporary uses proposed to be allowed through administrative approval by the Zoning Administrator. Council members should review the temporary use table and determine if additional uses should be added, or if some listed uses should be removed or modified. 7 Why is There No Minimum Lot Size Requirement for Business Sites? The short answer is that G&G Consulting recommends that there be no minimum lot size in order to allow flexibility with redevelopment of our current undersized lots From a practical matter, if the developer complies with our necessary parking standards, building setback standards and design standards, should we really be concerned about how small the building or site is? 8. We Should Remove the Restriction on Liquidation Sales. Agreed Therefore, the first sentence in paragraph 3, page 10 of the 4/28/11 draft version of the overlay ordinance should be removed (i e, 9. Electronic Message and Temporary Signs. The proposed ordinance does not change the .�. current regulations regarding temporary signs. Accordingly, the only temporary signs allowed are two 30 square foot banners or two fin flags. Portable/A-frame signs are only allowed adjacent to the road right-of-way in the CCD district. This proposed ordinance does not change the current regulations regarding electronic/digital message signs. More specifically, changing message signs for business related messages are currently allowed only on freeway pylon signs, whereas downtown business message signs are limited to only time, temperature and/or messages provided by the city or state. If the council wishes to change the current prohibition on digital business message signs in the downtown, staff will return with suggested standards. Copies of the draft ordinance (4/28/11 version) and design guidelines (3/30/33 version) have been previously distributed to you. You can also access on-line colored versions of these drafts at the following city web site- http.//www.ajcity net/index aspx7nid=372 If you've misplaced your copy, please let me know and we will replace it 2 I've repeated below the proposed ordinance summary from my previous memo I. Downtown Overlay District Ordinance Ordinance Application (p. 4). The overlay ordinance will ideally be applied through an uncontested blanket rezoning of downtown properties initiated by the city council The ordinance is intended to add to, not replace, the existing underlying base zoning Accordingly, the property owners will have the choice to use either the base district zoning standards or the proposed overlay district zoning standards If the property owner chooses to use the overlay district standards rather than the base zoning district standards, their proposed development may be subject to compliance with certain downtown design standards Because the property owner, rather than the city, will decide whether or not to follow the overlay district zoning standards and design guidelines, we recognize that the downtown brand promoted through the G&G plan may not occur quickly or comprehensively In any event, this voluntary rather than mandatory approach appeared more acceptable to stakeholders and may help avoid property owner zoning protests. Use Requirements (p. 5). Rather than attempting to create an exhaustive list of allowed uses within each overlay zone, the proposed overlay zoning will refer to the well established and comprehensive compendium of uses listed in the North American Industry Classification System ("NAICS") for allowed retail, office, administrative, and service uses While the proposed overlay zoning and NAICS compendium specifically allows a greater amount of retail, office, and service uses than the base zoning district, the overlay zoning excludes primary manufacturing, wholesale, and construction uses, which are to some extent allowed in the base districts See attached Exhibit A for further details. As stated earlier, if the council wants to prohibit or require a conditional use permit for certain types of retail or retail service uses such as tattoo parlors, check cashing stores, vender kiosks, nightclubs, head shops or pawn shops, you should amend the draft ordinance accordingly Temporary Uses (p. 6). The overlay zoning standards include specific criteria that allow, but reasonably manage, certain types of temporary uses through a streamlined administrative review and approval process Council members should review these proposed uses and time frames for acceptability. Zoning Standards (p. 8). This section establishes the dimensional zoning standards for the overlay zones Clearly, these draft overlay zoning standards provide a relaxation of certain base district standards as illustrated in the table below Zoning District Comparison Table Existing Proposed Zones Zones Zoning Suburban Transition Core Overlay Standards CB-1 CB-2 CCD Overlay Zone Overlay Zone Zone Max Residential N/A N/A 50 du/ac 30 du/ac 30 du/ac 50 du/ac Density Max FAR None None 3 1 5 2 3 0 3 •••• mo Min Lot Size(business None None None None None None use) Min Lot Size 10,000 sq ft 7,000 sq ft N/A 5,000 sq ft 5,000 sq ft None (residential use) Min Lot Width O ft(bus) O ft(bus) N/A 50 ft O ft O ft 60 ft(res) 60 ft(res) Min Bldg Front Setback 20 ft 15 ft(bus) Oft Oft Oft O ft 20 ft(res) Min Bldg Side Setback 10 ft 10 ft(bus) O ft 5 ft 5 ft 5 ft 7 ft(res) Min Bldg Rear Setback 10 ft/25 ft 10 ft/25 ft 5 ft 5 ft 5 ft 5 ft (alley/no (alley/no alley) alley) Max Height 30 ft 35 ft 75 ft 35 ft 45 ft 75 ft Min Front Parking N/A N/A 20 ft 10 ft 10 ft 20 ft Setback Min Side or Rear N/A N/A N/A 3ft 3ft 3 ft Parking Setback Outside Use and Display Standards (p. 10). The overlay zoning standards will allow and enable the conditional outdoor display of merchandise and outdoor dining Parking Standards (p. 10) The overlay parking standards relax the existing parking use standards for commercial uses in all three overlay zones, and introduce the ability for administrative adjustment to the overlay parking standards based on certain technical criteria Landscaping Standards (p. 12). The overlay landscaping standards substantially relax the existing commercial landscaping standards (i.e., Chapter 6 of the Land Development Code) for the Transition Overlay Zone. While these relaxed landscaping standards retain some minimal effort to reduce the heat island effect of larger parking lot landscaping, the existing requirement for buffers, trees, and shrubs has essentially been replaced with strategically placed planting beds, flower boxes and pots that will minimally accommodate two 5 gallon shrubs per 20 feet of property frontage. This proposed overlay district landscape standard suggests that internal site landscaping is not viewed as critically important for the Transition Zone and that if the city values landscaping ,••. along and/or within the right-of-way, the city will have to provide it Mixed-Use Development Standards (p. 14) The overlay standards introduce and enable mixed-use development as a permitted use by right with minimal development restrictions other than the maximum floor area ratio, maximum height and minimum parking standards. In other words, as presently drafted, any type and size of housing development may be placed anywhere within the downtown area. While this may provide enormous discretion and incentive for downtown housing,the council will need to discuss the following • Are all types of residential (e.g., RVs, single-family homes, duplexes and manufactured homes) appropriate for the downtown • Should mixed-use only allow residential units above 1st floor retail uses, or also as independent residential buildings without a retail component? • Should we allow residential anywhere in the downtown, or are there some areas that should be reserved for commercial use only? 4 Adak woo 1%. • Should we encourage and provide regulatory incentives for certain types of residential development (e g , senior housing, young professional housing, affordable housing, rental housing, ownership housing, student housing, etc.)? Live-Work Unit Standards (p. 14). The overlay standards provide specific standards for live- work units. Civil Engineering Standards (p. 15) The overlay standards provide a relaxed standard for stormwater management requirements relative to downtown redevelopment, expansion, and renovation projects. More specifically, the suggested standard would require that only a net increase in impervious surface would necessitate stormwater management, and then the standard would only have to meet the 10-year and 24-hour event Additionally, the overlay district provides that the standards for access management (i.e., driveway locations and median cuts) could be administratively varied if determined that the development can safely manage ingress and egress. Sian Standards (p. 16) The proposed overlay district standards provide that signage within the Suburban Zone and Core Downtown Zone (except for the CCD zoned properties) shall continue to comply with the existing sign regulations Signage within the CCD District shall continue to comply with the CCD District sign regulations. Signage in the Transition Zone, however, shall comply with the existing sign regulations except as follows • Substantially alteration to existing signs in the Transition Zone shall comply with the Downtown Overlay District Design Guidelines for signage; • Substantial improvement to existing buildings shall require existing and new signage to comply with the Downtown Overlay District Design Guidelines for signage The draft overlay ordinance limits temporary signs to the fin flags/banners currently in use, and prohibits electronic/digital signs. If the council wishes to expand the use of temporary signs (e g, A-frame signs) and electronic/digital signs along the Trail, now is the time to discuss it. �► II. Downtown Overlay District Design Guidelines The proposed Downtown Overlay District Design Guidelines are intended to replace and supersede the city's existing design guidelines as applied to the downtown area The draft set of design guidelines is intended to reflect the design standards recommended in the "Downtown Redevelopment and Implementation Strategy" prepared by G&G Consulting and ultimately approved by the city council. The proposed guidelines provide a combination of descriptive and visual design criteria for buildings, site development, landscaping, signage, lighting, open space and screening. Based on the proposed approach, these guidelines would only be applied as required standards if the developer/property owner chose to follow the Downtown Overlay District zoning and if the proposed development/redevelopment was deemed substantial Otherwise, these proposed design standards, like our existing design standards, are only advisory in nature. 5 mole Exhibit A Temporary Uses The proposed Downtown Overlay Zoning District will provide, among other things, a streamlined administrative approach to permitting certain types of temporary uses in the downtown Table 26-2 reflects the types of temporary uses that the Zoning Administrator would be authorized to administratively approve without P&Z, Board of Adjustment ("BOA") or .•. Council review. Temporary uses not listed in the table would continue to require the necessary conditional use permit or temporary use permit approvals from the P&Z or BOA, respectfully [Note Table 26-2 below is an updated version of the table found on page 8 of the 4/28/11 draft version of the overlay ordinance previously distributed to you] Table 26-2:Temporary Uses and Structures Requiring Prior Administrative Approval Temporary Use or Structure Maximum Time Frame Location Temporary Office Facilities (i.e.,To 1 year Developed or support existing or developing business use) developing site Construction-Related Activities (i e, 1 year Developed or Construction trailers,modular units and developing site parking to support construction and land development projects) Community Events (Applies to events 4 consecutive days per Developed or vacant conducted,organized and sponsored by calendar year site non-profit organizations.See Volume I, Chapter 8 of the Apache Junction City Code) — Private Events (Applies to events 4 consecutive days per Developed or vacant conducted,organized and sponsored by for- calendar year site profit organizations/businesses See Volume I,Chapter 8 of the Apache Junction City Code) Seasonal Holiday Sales for 40 days per holiday per Developed or vacant Christmas, Halloween, Thanksgiving, location site Easter or 4th of July/fireworks. Farmers Market, Fruit& Produce 3 days per week per Developed or vacant Stands (Excludes flea markets and swap location site meets) Flea Markets and Swap Meets(See 3 days per week per Developed site Volume I,Chapter 8 of the Apache Junction location City Code) 6 Vendors Using Carts, Booths or 3 days per week per Developed site Kiosks(excludes food and beverage sales) location Food/Beverage Cart or Concession 7 consecutive days per Developed site Trailer(See Volume I,Chapter 8 of the location Apache Junction City Code) Car Tent Sales (i.e.,Applies only to city 7 consecutive days, 4 Developed site approved new and/or used car sites) occurrences per year Classic Car Shows 3 days per week per Developed site location Grand Openings (See Volume I,Chapter 14 consecutive days Developed site 8 of the Apache Junction City Code) Art Display and/or Sales 7 days per week Developed or vacant site Notes: 1 City council approved special events conducted, organized and sponsored by non-profit organizations do not require Development Services Department approval. 2 In addition to approval from the Zoning Administrator,temporary uses listed in Table 26-2 may require approval of the Building Official, Fire Marshall and/or Police Department approval, and license approvals from the City Clerk's office 3 Approval of temporary uses not listed in Table 26-2 are subject to conditional use permit or temporary use permit approval as otherwise provided in Chapter 1(Zoning Code)of the City of Apache Junction Land Development Code ^ 7 tsl•CHE�Gti : City of Apache Junction I Home f the Superstition Mountains 4P/zoo>) 25,Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: June 6, 2011 Agenda Type . Work Session Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: DISCUSSION ON PROCEDURES FOR JUNE 7, 2011, COUNCIL MEETING. ACTION REQUESTED: Presentation and Discussion DISCUSSION /BACKGROUND INFORMATION: Discussion on procedures and logistics for regular council meeting in order to effectuate council transition. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download U cover memo D cover memo D insalaco oath of office D insalaco certification of election D barker oath of office U barker certification of election ra D serdv oath of office D serdv certication of election U wilson oath of office D wilson certification of election /re AO Ilk_ ... Pp ACHE / • cy f icue Home of the Superstition ,Jountanis 4Rj QNP I► MAY 19, 2011 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK `(, ,/ SUBJECT PROTOCOL FOR JUNE 7 COUNCIL MEETING At the June 7 council meeting a "changing of the guard" of sorts will take place when I swear in the mayor and three council members In order to accomplish this transition with the honor and dignity it deserves, I will be coordinating the ceremonies that are scheduled for the evening Since each of you will be a participant, I ask that you please review the following procedures and let me know if you have any questions 1 Mayor Insalaco will open the meeting. The invocation will be followed by the Pledge of Allegiance oak 2 Council will take action on the items listed on the Consent Agenda 3 Immediately following the Consent Agenda vote, Mayor Insalaco will present any awards or read any proclamations that are listed on the agenda 4 Following any awards and proclamations, I will administer the Oaths of Office. I will stand on the center-right of the room (as you face the dais) in front of the speaker's podium. The person taking the oath will be facing me and standing at the approximate center of the room When I move to the podium area I will firs':ask for •voice(480)982-8002 • i`AX (480)982-7018 • fDr)(-180)983-0095 • ‘‘‘%ti4 tacit net 300 13 Super•tttion i3oute‘ard, Apache Junction,AZ 85219 p Protocol for June 7 Council meeting Page 2 mayor-elect Insalaco to come to the floor of the council chambers to take the oath of office I will repeat this for each of the three councilmembers-elect, calling upon you in alphabetical order (Barker, Serdy, Wilson) and administering individual oaths You will each be asked to raise your right hand and repeat the oath after me I will do the oath a few words at a time and wait for you to complete each section before going onto the next Copies of the oath are in the council packet under this item so you can become familiar with the words After you have each taken your oath, please step to the side and remain standing until I complete the ones for the remaining councilmembers-elect 5 After all oaths have been taken, I will announce to Mayor Insalaco that all of the requirements of state law and city code have been met and that the members of the Apache Junction City Council are ready to assume their official duties. 6 Mayor Insalaco will then ask the newly-sworn councilmembers to take their seats and will introduce them to the audience 7 Mayor Insalaco and councilmembers will take the opportunity to introduce visiting officials, special guests and family members in the audience. 8 Following the introductions, the meeting will proceed with Call to the Public and the remainder of the agenda NOTE 1 Due to budget limitations, there will not be a reception following the meeting. 2 Due to budget limitations, we will not be sending out invitations for this meeting and swearing in 3 Cameras, including video cameras, can be used in the council chambers provided they do not interfere with the meeting Please contact me if you have any questions City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) County of Pinal ) ss City of Apache Junction ) I, JOHN S INSALACO, do solemnly swear that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, and the Ordinances of the City of Apache Junction, that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign or domestic, and that I will faithfully and impartially discharge the duties of the office of Mayor according to the best of my abihty, so help me God. bk Signature Subscribed and sworn to before me this 7th day of June,2011. City Clerk CERTIFICATE OF ELECT ION I, Kathleen Connelly, Clerk of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona DO HEREBY CERTIFY that at a Primary Election held in and for the City of Apache Junction on the 8th day of March, 2011, John S . Insalaco was duly elected to the office of Mayor of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona, as appears by the official returns approved by the City Council and on file in my office. IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Apache Junction this 7th day of June, 2011 Kathleen Connelly City Clerk City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) County of Pmal ) ss City of Apache Junction ) I, ROBIN BARKER, do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, and the Ordinances of the City of Apache Junction; that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign or domestic, and that I will faithfully and impartially discharge the duties of the office of Councilmember according to the best of my ability, so help me God. .., Signature Subscribed and sworn to before me this 7th day of June,2011 City Clerk CERTIFICATE OF ELECTION I, Kathleen Connelly, Clerk of the City of Apache Junction, Counties of Pinal and Maricopa, r State of Arizona DO HEREBY CERTIFY that at a Primary Election held in and for the City of Apache Junction on the 8th day of March, 2011, Robin Barker was duly elected to the office of Councilmember of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona, as appears by the official returns approved by the City Council and on file in my office IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Apache Junction this 7th day of June, 2011 Kathleen Connelly City Clerk 1 City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) County of Penal ) ss City of Apache Junction ) I, JEFF SERDY, do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, and the Ordmances of the City of Apache Junction, that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign or domestic, and that I will faithfully and impartially discharge the duties of the office of Councilmember according to the best of my ability,so help me God. .r Signature Subscribed and sworn to before me this 7th day of June,2011 City Clerk CERTIFICATE OF ELECTION I, Kathleen Connelly, Clerk of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona DO HEREBY CERTIFY that at a General Election held in and for the City of Apache Junction on the 17th day of May, 2011, Jeff Serdy was duly elected to the office of Mayor of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona, as appears by the official returns approved by the City Council and on file in my office. IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Apache Junction this 7th day of June, 2011 Kathleen Connelly City Clerk City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) County of Pinal ) ss City of Apache Junction ) I, WALTER "CHIP" WILSON, do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, and the Ordinances of the City of Apache Junction, that I will bear true faith and allegiance to the same, and defend them against all enemies,foreign or domestic, and that I will faithfully and impartially discharge the duties of the office of Councilmember according to the best of my ability,so help me God Signature Subscribed and sworn to before me this 7th day of June,2011 City Clerk CERTIFICATE OF ELECTION I, Kathleen Connelly, Clerk of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona DO HEREBY CERTIFY that at a General Election held in and for the City of Apache Junction on the 17th day of May, 2011, Walter "Chip" Wilson was duly elected to the office of Councilmember of the City of Apache Junction, Counties of Pinal and Maricopa, State of Arizona, as appears by the official returns approved by the City Council and on file in my office. IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Apache Junction this 7th day of June, 2011. Kathleen Connelly City Clerk