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HomeMy WebLinkAbout2012 06.18 City Council Work Session Agenda *,ACHE✓ G 'Poa City of Apache jiinctioii Home OJ tlm .Si/peiStltton :%Ir7111iiains APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 Monday, June 18, 2012 7:00 PM AGENDA 1 CALL TO ORDER. 2 ROLL CALL. 3 DISCUSSION ON THE FISCAL YEAR 2012-2013 CITY OF APACHE JUNCTION BUDGET. 4 STATUS REPORT ON SEATING OF NEW COUNCIL MEMBER. Brief discussion on council swearing in of Councilmember Evans. 5. DISCUSSION ON THE RENEWAL WITH POSSIBLE THREE YEAR EXTENSION AND REVISION OF THE PROFESSIONAL SERVICE AGREEMENT(PSA) FOR VISITOR CENTER OPERATIONS IN AN ANNUAL AMOUNT OF$36,000.00. The current visitors'center professional service agreement(PSA)with the Apache Junction Chamber of Commerce ends June 30,2012 Included within the provisions of the current PSA is an option to extend the contract for three years,if mutually agreeable The city manager and I have previous met with Chamber representatives and they are mutually agreeable to such an extension at the present rate of$9,000 per quarter, $36,000 per year Recognizing city council's increased emphasis on tourism and tourism promotion,staff has included as a revision to the PSA city funding of Apache Junction's participation in the Visit Sunny AZ marketing consortium This participation represents a$5,000 annual investment and would be subject to the appropriation of funds PRESENTATION AND DISCUSSION OF ORDINANCE NO. 1381 REGARDING ACCESSORY BUILDING REGULATIONS The City Council will discuss proposed Ordinance No 1381 regarding accessory building design, height and size. 7 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 Thursdays,7 00a—6.00p, 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 � PgACHf�G °; o COI ofApache Junction z Home of'the .Superstition Mountains gRr2oN* Print TO: City Manager's Office FROM: Mayor John Insalaco DATE: June 18,2012 Agenda Type : Work Session Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: DISCUSSION ON THE FISCAL YEAR 2012-2013 CITY OF APACHE JUNCTION BUDGET. ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available O o �C,z ,► of Apache Junction U z Home of the .c'upei:•ti ion *!oriirtai,is 4R►zoto' Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: June 18, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: STATUS REPORT ON SEATING OF NEW COUNCIL MEMBER. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Brief discussion on council swearing in of Councilmember Evans. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download U Oath City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) County of Pmal ) ss City of Apache Junction ) I, Gail Evans, 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 Councilmember according to the best of my ability,so help me God. Signature ... Subscribed and sworn to before me the 5th day of June,2012,and on this 19th day of June, 2012. City Clerk *pACHF ` • '- City of Apache Junction U. z Home of't/m .Super:+•titiora :llorrrataira.s 4 P/2os* Print TO: City Manager's Office FROM: Steve Filipowicz, Econ Dev Dir. DATE: June 18, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Economic Development TITLE OF AGENDA ITEM: DISCUSSION ON THE RENEWAL WITH POSSIBLE THREE YEAR EXTENSION AND REVISION OF THE PROFESSIONAL SERVICE AGREEMENT (PSA) FOR VISITOR CENTER OPERATIONS IN AN ANNUAL AMOUNT OF $36,000 00 ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: The current visitors' center professional service agreement(PSA)with the Apache Junction Chamber of Commerce ends June 30, 2012. Included within the provisions of the current PSA is an option to extend the contract for three years, if mutually agreeable. The city manager and I have previous met with Chamber representatives and they are mutually agreeable to such an extension at the present rate of$9,000 per quarter, $36,000 per year Recognizing city council's increased emphasis on tourism and tourism promotion, staff has included as a revision to the PSA city funding of Apache Junction's participation in the Visit Sunny AZ marketing consortium This participation represents a $5,000 annual investment and would be subject to the appropriation of funds. FISCAL IMPACT: ?udgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Staff recommend approval of the PSA extension and revision. ATTACHMENTS: Click to download U Cover Memo I.) Draft Visitors'Center PSA ti �0 • ` City o Apache function -ipoz014A -Economic cDeve(opment DATE: June 7, 2012 MEMORANDUM TO. The Honorable Mayor& City Council MEMORANDUM Thru. George Hoffman, City Manager MEMORANDUM FROM. Steve Filipowicz, Econ. Dev. Dir. SUBJECT AJ Visitors' Center contract extension & revision Background We/City of AJ released an RFQ for Visitor Center Service on July 6, 2010. On Aug 2, 2010 the AJ Chamber were the only organization to submit response. On Oct 5th, 2010 M&CC selected the AJ Chamber to provide the services from Oct 1, 2010 to June 30, 2012 for quarterly payments of$9,000.00 {$36k per year or$108,000 over the full three year term of the PSA extension}. The rate remains unchanged for the term of the PSA extension Item 3 TERM contains a provision for the city to renew the Agreement for a three (3) year period (July 1, 2012 to June 30, 2015) if mutually acceptable, all subject to Council appropriation of funds. On their own the AJ Chamber re-joined the Visit Sunny AZ Consortium after an AJ absence of several years www visitsunnyaz corn Other consortium member cities are _. Chandler, Mesa and Tempe The Chamber staff has successful leveraged a number of marketing events and "FAM tours" familiarization tour for both domestic and international travel writers that have favorably reflected upon the tourism experiences in and near Apache Junction and help enhance our community's reputation among travelers and tourists. Seeking to build on this success and also implement Council's intent of placing greater emphasis on tounsm and tourism promotion staff has suggested city funding of Apache Junction's participation in this marketing effort. The investment required is $5,000 per year (paid in two semi-annual installments of $2,500 each) This too would be subject to Council's appropriation of funds within the annual budget process, thus allowing for future feedback, performance evaluation and dialogue or funding could simply be suspended. Subject to Council's questions, staff is prepared to recommend approval of the extension and proposed revision and could place the item on the next Consent Agenda. Voice (480)982-8002 Fax(480)982-7018 TDD(480)983-0095 www ajcity net 300 E Superstition Boulevard, Apache Junction,AZ 85119 PROFESSIONAL SERVICES AGREEMENT FOR OPERATION OF LOCAL VISITOR INFORMATION CENTER THIS AGREEMENT is made and entered into this day of October July 201002, by and between the CITY OF APACHE JUNCTION,ARIZONA, an Arizona municipal corporation ("City"), and APACHE JUNCTION CHAMBER OF COMMERCE ("Consultant"), for operation of a local Visitor Information Center. City and Consultant are sometimes referred to as the "Parties" collectively or a "Party"individually RECITALS A City desires to retain a consultant to operate a local visitor center and to make payment for such services in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the parties, and B. An RFQ process was conducted to obtain submittals for the services, and C On October 5, 2010, Consultant was selected by the Mayor and City Council as the most qualified firm to provide such service AGREEMENT NOW, THEREFORE, the City agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services required according to the terms and conditions and for the consideration set forth below 1. CONSULTANT'S DUTIES Consultant agrees to perform the professional services set forth in Exhibit A. 2 COMPENSATION AND REQUIRED QUARTERLLY REPORTS In accordance with the terms and conditions of this Agreement, City shall compensate Consultant for its professional services as follows A. An aggregate sum of up to SixtyT hrce Thousand Dollars {$63,000 00), One Hundred Eight Thousand Dollars ($108,000 00), billed in the amount of$9,000.00 each quarter for a total of 24 36 months, subject to Council appropriation of funds. B An aggregated sum of up to Fifteen Thousand Dollars ($15,000), billed in the amount of Two Thousand Five Hundred ($2,500 00) semi-annually for three years, to coincide with the invoice/billing cycle for Apache Junction's participation in the Visit Sunny AZ Marketing Consortium, subject to Council appropriation of funds Page 1 of 10 C Within ten (10) working days following the last day of each fiscal year quarter, Consultant shall submit to the City Clerk detailed reports accounting for the expenditure of City funds Consultant shall submit a separate, concise summary of all expenditures within each report The summaries shall be subject to public disclosure as public records in accordance with A.R.S. § 39-121, et seq. Each report shall be typewritten or prepared on a word processor and shall include the status of Consultant's progress on the Page 1 of 10 schedule work items as referenced in Section 2 above. It shall include a description of all work undertaken and all findings and conclusions In addition, it shall include documentation supporting these expenditures. These reports shall also contain the information required in this Agreement, and in doing so, shall demonstrate the value of work and its impact upon economic development within the corporate boundaries of City. Documentation for actual expenditures shall include a summary page detailing all quarterly expenditures made in accordance with this contract and all relevant bills, receipts, and statements, with the relevant expenditures highlighted. The Apache Junction City Manager or his or her designee ("City Manager") has the sole discretion to determine whether the above referenced reports contain adequate specificity. Should the City Manager desire additional information, such information shall be produced by Consultant within ten (10) working days from receipt of such request. The City Manager may withhold any and all payments due until such time as all reporting concerns have been resolved The books and records of Consultant shall be subject to inspection and audit by City during the term of this Agreement and for a period of three (3) years after expiration of this Agreement for the purpose of verifying Consultant's performance as well as the thoroughness and accuracy of the reports submitted hereunder. Records of Consultant shall be provided to City and/or made available for inspection and audit within three (3) working days following a written request by City. D Consultant shall design and use a business report that describes any and all progress made in the categories listed in Section 1 noted above. This report shall focus on and emphasize those activities listed in Section 1 wuhgre_work efforts and ar nscsbips have produced results in the form of enhanzety sales tax reven Consultant shall substantiate the information con fined in the report. Such report shall be provided to City on a quarterly basis at the time of submitting the quarterly reports required in Section 3(8) of this Agreement. 3 TERM. This Agreement shall be effective beginning October 1. 2010 July 1, 2012 and shall remain in full force and effect until June 30, 20125 City has the option to renew this Agreement for an additional three (3) year period if mutually agreeable, all subject to Council appropriation of funds 4 CITY'S STANDARD OF PERFORMANC : City shall furnish the Consultant with all data, information and other supporting services specified in Exhibit A City shall furnish Consultant with one (1) copy of a newly licensed business list one a monthly basis at no charge. This list shall be used solely to provide referrals to and information on businesses located within the city limits in accordance with Exhibit A, Sections B, D, F, J and K. This list shall not be used to solicit memberships for the Consultant. Should the Consultant wish to use these city business license monthly reports to solicit new members, they shall request a copy in accordance with Arizona Revised Statutes§ 39-121.01{A) Page 2 of 10 (public records for a commercial purpose) and pay the applicable commercial rate to the City 5 CONSULTANT'S STANDARD OF PERFORMANCE While performing the services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Phoenix metropolitan area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise Consultant shall be responsible for all errors and omissions Consultant commits in the performance of this Agreement. 6 NOTICES. All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel If to City Kathleen Connelly City Clerk City of Apache Junction 300 E. Superstition Blvd Apache Junction, AZ 85119 If to Consultant Larry Johnson, President/CEO Apache Junction Chamber of Commerce 567 W. Apache Trail P O Box 1747 Apache Junction, AZ 85117-1747 7. TERMINATION. This Agreement may be terminated by either party upon sixty (60) calendar days' written notice. If this Agreement is terminated, Consultant shall be paid for services performed to the date of receipt of such termination notice In the event of such termination, Consultant shall deliver to City all work in any state of completion at the date of effective termination. 8. SUBCONTRACTORS This is a personal service contract and therefore no work under this contract may be subcontracted without the City's prior written consent. 9 RECORDS: Records of Consultant's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Consultant shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 10 INSURANCE A Required Limits Page 3 of 10 1 Commercial General Liability Consultant shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc Policy Form CG 00011093 or any replacements thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc 's Additional Insured, CG 20261185, and shall include coverage for Consultant's operations and products and completed operations If Consultant sublets any part of the work, services or operations, Consultant shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, a Protective Liability insurance policy for bodily injury and property damage, including death,which may arise in the prosecution of the Consultant's work, service or operations under this Agreement Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues General Liability insurance. 2 Workers' Compensation Consultant shall carry Workers'Compensation insurance to be provided by an insurance company which is authorized to transact insurance business in the State of Arizona, covering obligations imposed by federal and state statutes having jurisdiction of Consultant's employees engaged in the performance of the work or services, and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease Page 4 of 10 policy limit By execution of this Agreement,Consultant certifies as follows. "I am aware and understand the provisions of A.R.S. § 23-900, et seq which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the work of this Agreement." If Consultant has no employees for whom workers' compensation insurance is required, Consultant shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Consultant employs any employees subject to coverage In case any work is subcontracted, Consultant will require subconsultant to provide Workers' Compensation and Employer's Liability to at least the same extent as required of Consultant. B CERTIFICATES OF INSURANCE Upon execution of this Agreement or simultaneously thereto, Consultant shall furnish the City Clerk all Certificates of Insurance or formal endorsements as required by Agreement, issued by Consultant's insurer(s), as evidence that policies providing the required coverages, conditions and limits set forth in this Agreement are in full force and effect and remain so for the duration of the Agreement The form of the certificates of insurance and endorsements shall be subject to the approvalof the Apache Junction City Attorney In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Consultant's work or services and as evidenced by annualCertificates of Insurance, to be filed with the City Clerk If a policy is expired,canceled, or materially changed during the life of the Agreement, such notice must be sent to City thirty (30) calendar days prior to such action The cancellation clause on the Certificate of Insurance shall state the insured party shall send notice of such cancellation at least thirty (30) calendar days in advance of such Page 5 of 10 cancellation The Certificate of Insurance shall include an original signature of the insured's representative Photo copies will not be accepted and failure to provide such certificate and failure to provide timely notice as noted above will be considered a material breach of contract Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City Clerk and shall include City as an additional insured party The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following language "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its mayor, councilmembers, officers and employees are added as additional insured parties under this policy." 11. ENFORCED DELAYS (FORCE MAJEURE) Neither City nor Consultant, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or matenalmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism oreco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by Consultant in connection with the Project Consultant agrees that Consultant alone will bear all risks of delay which are not Enforced Delay In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay, provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay, and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days 12. INDEMNIFICATION Consultant shall defend, indemnify, and hold City, its Page 6 of 10 officers and employees harmless from any and all loss,damage, claim for damage, liability, expense, or cost, including attorney fees, which arise out of, or is in any way connected with the performance of work under this Agreement by Consultant, or any of Consultant's employees, agents or subconsultants, and from all claims by Consultant's employees, agents and subconsultants for compensation for services rendered to Consultant in the performance of this Agreement, notwithstanding that City may have benefited from their services This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Consultant or Consultant's employees, agents or subconsultants This section shall survive the expiration or early termination of the Agreement 13. WAIVER OF TERMS AND CONDITIONS: The failure of City or Consultant to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR. Consultant shall at all times during Consultant's performance of the services retain Consultant's status as independent contractor. Consultant's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Consultant 15 COMPLIANCE WITH FEDERAL AND STATE LAWS. Consultant understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 16 GOVERNING LAW AND VENUE. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account ofthe breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including. all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action 17 OWNERSHIP OF RECORDS AND REPORTS. All of the files, reports, documents, information as well as all data prepared in Autocad or other electronic drasing or text files or assembled in any other form by Consultant under this Agreement shall be and shall remain the property of City and shall be forwarded to City at any time City requires such papers and files. Page 8 of 10 18. LICENSE: Consultant represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Consultant understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Consultant agrees to obtain a business occupational license and sales tax license pursuant to the Apache Junction City Code and keep such licenses current during the term of this Agreement Any Consultant activities or programs within the corporate city limits will invoke the same business occupational license and sales tax regulations. All participants in these activities and programs will obtain any required business occupational and sales tax licenses. Any activity by subconsultants within the corporate city limits will invoke the same business occupational license and sales tax regulations on any subconsultants, and Consultant ensures its subconsultants will obtain any required business occupational license and sales tax license. In the event any subconsultant fails to pay required license fees or taxes due, Consultant shall pay to city such amounts within ten (10) working days after notification from City that such amounts are due and payable 19. POLITICAL ACTIVITIES. As a community service-based organization, Consultant is considered a non-political organization and its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Consultant shall solicit any contribution in cash or services from any Consultant employee to support any candidate for public office No board member or officer shall use the name of Consultant, or use their affiliation with Consultant, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Consultant in any way, while engaging in said activity The functions and activities of Consultant are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Consultant function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office 20 NONASSIGNMENT This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Consultant Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part Consultant shall not assign any monies due or to become due to it hereunder without the prior written consent of City 21 ENTIRE AGREEMENT This Agreement and any attachments represent the entire agreement between City and Consultant and supersede all prior negotiations, representations or agreements, either express or implied, written or oral It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Page 8 of 10 Agreement shall be valid unless made in writing and signed by the parties hereto Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein, provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary 22. SEVERABILITY. If any part, term or provision of this Agreement shall be held illegal, unenforceable or in conflict with any law,the validity of the remaining portions and provisions hereof shall not be affected 23 CONFLICTS OF INTEREST. This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R S § 38-511 24 ACCURACY OF WORK Acceptance of services or work by City shall not relieve Consultant of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities Consultant shall make all necessary revisions or corrections resulting from errors and omissions on the part of Consultant without additional compensation 25 CONSULTANT'S ENDORSEMENT. Consultant (if a firm, the responsible principal) is required to endorse and affix its seal to plans, reports and engineering data furnished under this Agreement 26 HEADINGS. The headings for each paragraph and subparagraph of this Agreement are for convenience and reference purposes only and in no way define, limit or describe the scope or intent of said paragraphs of this Agreement nor in any way affect this Agreement 27 AUTHORITY OF CONSULTANT Each individual signing this Agreement on behalf of Consultant represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of Consultant and this Agreement is binding upon said Consultant. 28 SUSPENSION AND/OR DEBARMENT Consultant affirms no suspension or disbarment has occurred during the preceding three (3) years of the signing of this Agreement IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written CONSULTANT ie:; Y/ Page 9 of 10 CITY OF APACHE JUNCTION an Arizona murnci al rporation By a HN S. INSALACO Title ayor ATTEST. fr I I KAT LEEN kkJEL LY City Clerk APPROVED AS TO FORM :_ 9,26 . 0 RICHA- ■ J STERN City Attorney Page 10 of 10 EXHIBIT A Consultant agrees to perform the following professional services in connection with this Agreement, all to be performed in accordance with all city codes, ordinances, regulations, policies and procedures A. Operate a visitor and community information center fully staffed located within the city limits, consistent with the guidelines established by the Arizona Office of Tourism Minimum requirements to be met include i) be open Monday through Friday, 8 00 a.m to 5 00 p.m. Mountain Standard Time, ii) provide information racks accessible to the public on weekends and holidays, iii) make public restrooms accessible during operating hours, iv) make available public telephone during operating hours; v) provide drinking water during operating hours, and vi) provide general information about the City of Apache Junction, this region, and the State Operating hours shall be extended to include Saturdays from 9-00a.m. to 2.00p.m. Mountain Standard Time from December 1, 2010 through April15, 2011 and again on December 1, 2011 through April15, 2012. Requests for specific information regarding city government operations and City services shall be referred directly to City officials. B. Provide referrals to businesses located within the city limits and referrals to area cultural, historical and recreational attractions. C. Develop, implement and revise a program to encourage return visits to the community. D. Provide licensed businesses located within the city limits with an opportunity to participate in the Visitor/Information Center. E Update and reformulate informational packets issued by Visitor/Information Center to include information on City-sponsored events. F Through the Internet, develop a program offering information on businesses located within the city limits, as well as information on cultural, historical and recreational attractions occurring or existing within the City and the area G Design and print Apache Junction brochure in cooperation with City and Arizona Office ofTourism H Research and provide cost for web-based virtual tour of City of Apache Junction Develop, implement and revise a cooperative marketing program in conjunction with a regional marketing association, firm, agency or consultant and chambers of commerce to promote City businesses and the area's cultural, historical and recreational attractions. J Develop, implement and revise a "destination tourism" program including but not limited to group/package tours using licensed hotels, motels, restaurants and retail establishments located within the city limits as resources K. Develop, implement and revise a "shop local" program designed to assist licensed businesses located within the city limits and to reduce retail sales leakage to Maricopa County, Mesa, Tempe, Gilbert, Phoenix, and the communities known as "Gold Canyon" and "Johnson Ranch" L Provide information and services listed above on an impartial basis and regardless of membership status in the Apache Junction Chamber of Commerce. M Enhance city sales tax revenues through the information and services listed above PpACHf✓ ° Gyro dolt, C City of i uche Junction U z t I of/ie of the Superstition :%l ou twins 4 'izot4* Print TO: City Manager's Office FROM: Brad Steinke, Director of Development Services DATE: June 18, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION OF ORDINANCE NO 1381 REGARDING ACCESSORY BUILDING REGULATIONS. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: The City Council will discuss proposed Ordinance No 1381 regarding accessory building design, height and size. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION: -esentation and discussion only ATTACHMENTS: Click to download L] cover memo D ordinance PF �. Cityof Apache Junction on Development Services Department To: Mayor and City Council From Brad Steinke, Director of Development Services Date: June 5, 2012 Subject. Proposed Ordinance 1381 Accessory Building Zoning Text Amendment(Case AM-4-11) On April 3, 2012, the Council held a public hearing on Ordinance 1381 and continued the matter to a date uncertain pending review and recommendation from the grass roots neighborhood group After two professionally facilitated meetings,this grass roots neighborhood group has gained consensus. The draft ordinance (i e, Ordinance No. 1381 — Neighborhood Group Version) reflects the neighborhood group's shared recommendation on changes to the ordinance. The strikethrough text is the existing code regulations that will be deleted and replaced with the new language highlighted in grey As you can see, the fundamental changes for accessory structures within the R1-43 district include the following: 1 Applies to all R1-43 zoned property(see Exhibit A map) 2. Allows metal sided buildings subject to metal sidewall height limitations based on variable setback distances 3. Prohibits unpainted galvanized corrugated metal and fiberglass siding 4. Prohibits Quonset Hut type buildings 5 Establishes maximum building size of 2,000 square feet 6 Establishes maximum building height of 20 feet. 7. Establishes a neighborhood petition option for increased size, building height and/or steel siding height. Planning&Zoning Commission Recommendation At their January 10, 2012, meeting the Planning and Zoning Commission voted 4-3 to recommend Council approval of an accessory building ordinance amendment (Note: the draft ordinance before the Council is a variation of the Commission's recommended ordinance). Staff Comment Staff is pleased with the facilitated group outcome and believes that the recommended changes are worthy of consideration by the Council. A new public hearing has been scheduled for July 17th At that time the Council can decide to take one of the following actions. 1 Approve proposed Ordinance 1381 (neighborhood group version) 2 Deny proposed Ordinance 1381. 3 Modify and approve proposed Ordinance 1381. 1 Exhibit A GR and R1-43 Zones MCKELLIPS Atik NORTH o r, 2'0 z = Q Q ...... a ( G�� z w d p i .'� QP L 2 p P as '4111- . I. rr ' G� P i ■ TEPEE Alkss i Legend rim, . 1 ' Zoning I ` o GR- APACHE a R1-43 Mil `N,, N W R1-431PD BROADWAY�-- - �.. a r i W ill 2 T ' us h' z SOUTHERN - - - - z Q r I- a- r :,,y60 33 w 1 0 60 2 i I , ix BASELINE y us ._ , ■ lye Q GUADALU's .' 1292009 City of.:pache Juncllon Development Services GIS Note:A colored version of this map will be illustrated at the Council meeting. 2 ORDINANCE NO. 1381 (Neighborhood Group Version) AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, ARTICLE 1-6, GENERAL PROVISIONS AND EXCEPTIONS, BY REPEALING, AMENDING AND READOPTING SECTIONS 1-6-19-C, 1-6-19-D AND 1-6-19-E ACCESSORY BUILDINGS AND STORAGE SHEDS, IN CASE AM-4-11; AND REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Section 1-6-19 of the Zoning Code sets forth the regulations for Accessory Buildings and Storage Sheds in certain zoning districts; and WHEREAS, the Planning and Zoning Commission ("Commission") received a petition from approximately 105 residents living within the R1-43 zoning district petitioning against metal and Quonset hut accessory buildings larger than 120 square feet in size located within their R1-43 zoning district; and WHEREAS, the Commission directed staff to draft an ordinance amendment to strengthen the design requirements for accessory structures located within the R1-43 zoning district, and then schedule a public hearing on such amendment; and WHEREAS, on January 10, 2012, after holding two work sessions and one public hearing, the Commission voted 4 to 3 to recommended amendment to Sections 1-6-19-C, 1-6-19-D and 1-6-19-E regarding accessory building design, height and size standards, and WHEREAS, on February 21, 2012, after reviewing and discussing the Commission's recommendation, the City Council gave direction to staff to reformulate the recommended ordinance amendment and return to the Council for public hearing and possible action regarding amendment to the accessory building regulations. WHEREAS, following public hearing at the City Council on April 3, 2012, the Council continued the ordinance to a date uncertain pending stakeholder group discussion and resolution of the ordinance issues; and WHEREAS, on May 23, 2012, after two professionally facilitated meetings, a group of local residents recommended certain revisions to the Planning and Zoning Commission's recommended ordinance, which are included in this ordinance. Ordinance No. 1381 Page 1 of 8 3. Side Yard Interior Lot Setback. a) Structures with metal sidewalls up to eight (8) feet in height shall be allowed subject to a ten (10) foot minimum side- yard setback. b) Structures with metal sidewalls up to ten (10) feet in height shall be allowed subject to a twenty (20) foot minimum side-yard setback. c) Structures with metal sidewalls up to twelve (12) feet in height shall be allowed subject to a thirty (30) foot minimum side-yard setback. 4 . Side Yard Corner Lot Setback. a) Structures with metal sidewalls up to ten (10) feet in height shall be allowed subject to a twenty (20) foot minimum corner lot side-yard setback. b) Structures with metal sidewalls up to twelve (12) feet in height shall be allowed subject to a thirty (30) foot minimum corner lot side-yard setback. 5 Neighborhood Petition. The maximum metal �. sidewall heights established above for properties with R1-43 base zoning may be increased to 15 feet if 100% of the property owners of adjacent properties and 500 of the property owners of those properties within 80 feet of the adjacent properties agree with the proposed increase (s) through a petition that is drafted, signed and acknowledged in accordance with Development Services Department standards . Adjacent properties shall be defined as property adjoining the subject property and/or property directly across the street, private road or road easement from the subject property. Ordinance No. 1381 Page 5 of 8 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS' SECTION I: IN GENERAL The Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 6, General Provisions and Exceptions, Sections_1- 6-19-C, 1-6-19-D and 1-6-19-E Accessory Buildings and Storage Sheds, shall be repealed, amended and readopted to read as follows. (C) Accessory buildings arc permitted in a rear yard or in thc buildable ar a where thc main building is permitted. An accessory building in a -multiple family residential zone or commercial zone, shall not be larger than the existing building footprint square footage of the main structure. Accessory buildings in a single family residential zone (minimum lot size of 20, 000 square feet) shall be limited, in terms of square footage, by the maximum lot covcragc allowed for all buildings in the zone in which they arc located� An aecessory build-i g in a--single _`— -'_y residential zone (lot sizes less than 20, 000 square feet) shall not be larger than 75% of the existing building footprint square footage of the main structure and must also comply with setback and lot covcragc requirements . (D) Maximum height for an accessory building larger than 120 square feet in arca may be equal to the height allowed for the main building. Any accessory building covering an arca greater than 120 square feet when complete, shall be sign criteria including: -(,, e-es e ldings �-s constructed--of `�.,i, '; ng materials that match or improve upon the main structure. (2) Accessory buildings arc encouraged to have an architectural style that matches or improves upon the main structure . (3) Accessory buildings must complement the natural desert landscaping with color, building materials, and architectural style . (1) Any air conditioning units must be placed on the ground behind accessory buildings or out of view from the public right of way. Ordinance No. 1381 Page 2 of 8 (5) The height o accessory buildings is defined as the distance from ground level to the top of the parapet or the peak of the roof, depending on the design of the roof (6) Seventy five percent of each exterior wall of a metal building located in a single family residential zone and larger than 120 square feet shall be covered with — supplemental building materials including, but not limited to masonry, stucco, siding which matches the home, textured paint or brick. (E) Any accessory building proposed to be taller than the maximum height allowed for the main structure in the district and/or larger than the maximum size building and/or which adds more square footage, as allowed by divisions (C) and (D) above, is subject to the design criteria described in division (D) immediately above and must be approved through a conditional use permit, which may invoke additional design criteria. (C) Location and Size Requirements . The following location and size requirements shall apply to accessory structures larger than 120 square feet. (1) Accessory structures are permitted in the buildable area where the main building is permitted. (2) Accessory structures in the multiple family residential zones or commercial zones shall not be larger than the existing building footprint of the main structure. (3) Accessory structures located on property with R1-43 base zoning shall not be larger than 2, 000 square feet in size . Neighborhood Petition. The maximum structure size established above for properties with R1-43 base zoning may be increased to 5, 000 square feet if 100% of the property owners of adjacent properties and 50% of the property owners of those properties within 80 feet of the adjacent properties agree with the proposed increase through a petition that is drafted, signed and acknowledged in accordance with Development Services Department standards . Adjacent properties shall be defined as property adjoining the subject property Ordinance No 1381 Page 3 of 8 and/or property directly across the street, private road or road easement from the subject property. (4) Accessory structures in a single-family residential zone with lot sizes less than 20, 000 square feet shall not be larger than 75% of the existing building footprint of the main structure. (5) Accessory structures in single-family residential zones shall comply with the maximum lot coverage zoning standard. (D) Design Requirements The following design requirements shall apply to accessory structures larger than 120 square feet . (1) Accessory structures located on property with R1-43 base zoning shall comply with the following design requirements : (a) Non-painted galvanized metal siding and corrugated fiberglass siding shall be prohibited. (b) An accessory structure of corrugated metal or fiberglass having a semicircular cross section that curves down to form walls or attach to walls shall be prohibited. (see Images 6-1 and 6-2) . (c) Permitted metal sided structures shall be treated with factory applied paint. (d) Accessory structures with wood, stucco, brick, �.. concrete block or other masonry siding shall be setback in accordance with the R1-43 zoning district setback standards . (e) Accessory structures with metal siding shall be setback in accordance with the following: 1 . Front Yard Setback. Structures with metal sidewalls up to twelve (12) feet in height shall be allowed subject to a thirty (30) foot minimum front-yard setback. 2 . Rear Yard Setback. Structures with metal sidewalls up to twelve (12) feet in height shall be allowed subject to a thirty (30) foot minimum rear-yard setback. Ordinance No. 1381 Page 4 of 8 3. Side Yard Interior Lot Setback. a) Structures with metal sidewalls up to eight (8) feet in height shall be allowed subject to a ten (10) foot minimum side- yard setback. b) Structures with metal sidewalls up to ten (10) feet in height shall be allowed subject to a twenty (20) foot minimum side-yard setback. c) Structures with metal sidewalls up to twelve (12) feet in height shall be allowed subject to a thirty (30) foot minimum side-yard setback. 4 . Side Yard Corner Lot Setback. a) Structures with metal sidewalls up to ten (10) feet in height shall be allowed subject to a twenty (20) foot minimum corner lot side-yard setback. b) Structures with metal sidewalls up to twelve (12) feet in height shall be allowed subject to a thirty (30) foot minimum corner lot side-yard setback. 5 Neighborhood Petition. The maximum metal �. sidewall heights established above for properties with R1-43 base zoning may be increased to 15 feet if 100% of the property owners of adjacent properties and 500 of the property owners of those properties within 80 feet of the adjacent properties agree with the proposed increase (s) through a petition that is drafted, signed and acknowledged in accordance with Development Services Department standards . Adjacent properties shall be defined as property adjoining the subject property and/or property directly across the street, private road or road easement from the subject property. Ordinance No. 1381 Page 5 of 8 (f) Earth tone colors shall be used for accessory structures . (2) Residential zoning districts, except GR, TR and R1-43, shall have at least seventy-five percent (75%) of each exterior wall of a metal building covered with .0... supplemental building materials including, but not limited to, wood, masonry, stucco or brick that are compatible and consistent with the main dwelling structure. (3) The Zoning Administrator shall be responsible for determining if the accessory structure' s proposed design and exterior façade is compatible and consistent with the main structure. (4) Existing accessory structures, or any additions, alterations or expansions of existing accessory structures that were legally constructed prior to the effective date of this ordinance amendment shall be grandfathered. (E) Height Regulations . The following height requirements shall apply to accessory structures larger than 120 square feet. (1) Maximum height for accessory structures located in residential and commercial zoning districts, except the GR, TR, R1-43, R1-43/MH, R1-43/PD, CB-1, CB-2, CI- 1 and CI-2 zoning districts, shall be less than or equal to the maximum height allowed by the zoning district for the main building. (2) Maximum height for accessory structures located on property with R1-43 base zoning shall be twenty (20) feet. Neighborhood Petition. The maximum structure height established above for properties with R1-43 base zoning may be increased to 25 feet if 100% of the property owners of adjacent properties and 50% of the property owners of those properties within 80 feet of the adjacent properties agree with the proposed increase (s) through a petition that is drafted, signed and acknowledged in accordance with Development Services Department standards . Adjacent properties shall be defined as property adjoining the subject Ordinance No 1381 Page 6 of 8 — property and/or property directly across the street, private road or road easement from the subject property. (3) The height of accessory structures is defined as the distance from pre-construction ground level (i.e. , prior to filling) to the top of the parapet or the peak of the roof, depending on the design of the roof. .,. (4) Proposed accessory structures that do not comply with the height requirements established above may be approved through a conditional use permit, which may result in additional design, landscape or site conditions. s - k. ....- 41.N __,, ttii 4 '-'''-.""*"..,,,,,,: '' Pt. rf .t i ii ..... --.44444t ,,t Li Image 6-1 .•. If ill ill.. ? w Image 6-2 Ordinance No. 1381 Page 7 of 8 SECTION II: REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III: PROVIDING FOR SEVERABILITY If any section, subsection, sentence phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent Jurisdiction, such decision shall not affect the validity of the remaining portions thereof PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012. SIGNED AND ATTESTED TO THIS DAY OF , 2012. . r JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk i.. APPROVED AS TO FORM• R. JOEL STERN City Attorney Ordi nce o. 1381 Page of �)