HomeMy WebLinkAbout2012 10.15 City Council Work Session Agenda ____
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APACHE JUNCTION CITY COUNCIL WORK SESSION
CITY COUNCIL CHAMBERS
300 EAST SUPERSTITION BOULEVARD
APACHE JUNCTION,ARIZONA 85219
Monday, October 15, 2012
7.00 PM
AGENDA
1. CALL TO ORDER.
2 ROLL CALL.
3. INTERVIEW OF APPLICANTS FOR CONSTRUCTION CODE BOARD OF APPEALS, HEALTH AND HUMAN SERVICES
COMMISSION, INDUSTRIAL DEVELOPMENT AUTHORITY, MUNICIPAL PROPERTY CORPORATION AND PUBLIC SAFETY
PERSONNEL RETIREMENT BOARD.
This item allows the council to interview applicants for appointment or reappointment to the Construction Code Board of Appeals, Health and
Human Services Commission, Industrial Development Authority, Municipal Property Corporation and Public Safety Personnel Retirement
Board Appointments for these positions will be made at the October 16 meeting
4. PRESENTATION AND DISCUSSION OF PROPOSED CASES PZ-3-12 AND SD-2-12, REQUESTS BY DAN KAUFMAN,
REPRESENTING GLEN A.WILT JR., FOR A PLANNED DEVELOPMENT REZONING AND PRE-PLAT APPROVAL OF A
PROPOSED SUBDIVISION TO BE CALLED "STAGECOACH TRAILS".
The 15-gross-acres property located at the southeast corner of W Roundup Street and N. Main Drive is proposed to be rezoned from CR-5
(Multi-Family Residences)and GR(General Rural)to CR-3/PD(Conventional Single-Family Homes by Planned Development),for the purpose
of developing a gated 105-lot subdivision with private streets and resident amenities
-'66.,, PRESENTATION AND DISCUSSION ON RESOLUTION NO 12-34 AUTHORIZING THE SUBMISSION OF A FISCAL YEAR
2013 BROWNFIELDS ASSESSMENT GRANT APPLICATION
Presentation by city staff and Mr Tod Whitwer,Allwyn Environmental, regarding the staff's recommendation to submit a Brownfields
Assessment Grant application for the funds to conduct a community wide Phase I and Phase II Assessment
If adopted, Resolution No. 12-34 would authorize the submission of a Brownfields Assessment Grant application for funds to conduct a
community wide Phase I and Phase II Assessment for potential petroleum and hazardous materials contamination
6 PRESENTATION AND DISCUSSION ON A PROFESSIONAL SERVICES AGREEMENT WITH CARSONBISE TO PREPARE AN
UPDATED DEVELOPMENT FEE STUDY AND ORDINANCE IN AN AMOUNT NOT TO EXCEED$76,240 00.
The city council will review and discuss a proposed professional services agreement with CarsonBise to prepare an updated development fee
study and ordinance in an amount not to exceed$76,240 00 This update will allow the city to comply with recent changes in state law
regarding development fees
7. DISCUSSION OF PROPOSED ORDINANCE NO. 1386 EXEMPTING ART FROM PUBLIC PROCUREMENT.
This is follow-up action on council's September 4,2012 direction to the city attorney,to prepare an amendment which eliminates public art
acquisition from procurement requirements under City Code Vol I,Article 3-7 A city manager created committee is now tasked with
recommending to council public art issues and the use of grant money and donations, in addition to public funds to acquire public art Greater
flexibility beyond cost is needed in selecting unique pieces of art Ordinance No. 1386 accomplishes this goal
8. DISCUSSION ON QUESTIONS POSED AND ANSWERS RECEIVED FROM THE SEWER DISTRICT.
On October 2,2012,the city received the requested responses to various operational questions posed to the sewer district pursuant to
council's request Staff seeks council discussion as to whether any further council direction is necessary
9. PROPOSED INTERGOVERNMENTAIREEMENT WTIH PINAL COUNTY FOR Elr'CTION AND VOTER REGISTRATION
SERVICES FOR SPRING 2013 ELEC INS.
This agreement would provide required election-related services for the March 2013 and May 2013 elections
10. 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
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TO: City Manager's Office
FROM: Kathy Connelly, City Clerk
DATE: October 15, 2012
Agenda Type : Work Session Agenda
Council Priority Focus Area Required by Federal Law or State Statute
TITLE OF AGENDA ITEM•
INTERVIEW OF APPLICANTS FOR CONSTRUCTION CODE BOARD OF APPEALS, HEALTH AND HUMAN SERVICES
COMMISSION, INDUSTRIAL DEVELOPMENT AUTHORITY, MUNICIPAL PROPERTY CORPORATION AND PUBLIC
SAFETY PERSONNEL RETIREMENT BOARD.
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION / BACKGROUND INFORMATION:
This item allows the council to interview applicants for appointment or reappointment to the Construction Code Board of
Appeals, Health and Human Services Commission, Industrial Development Authority, Municipal Property Corporation and
Public Safety Personnel Retirement Board Appointments for these positions will be made at the October 16 meeting
FISCAL IMPACT:
OPTIONS/ ALTERNATIVES:
RECOMMENDATION:
ATTACHMENTS:
Click to download
❑ cover memo
OCTOBER 3, 2012
MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS
THROUGH GEORGE HOFFMAN, CITY MANAGER
THROUGH: KATHLEEN CONNELLY, CITY CLERK
FROM JAN MASON, DEPUTY CITY CLERK
SUBJECT: AGENDA ITEM FOR OCTOBER 15, 2012
(BOARD/COMMISSION INTERVIEWS)
Interviews for the October 15 work session are for all new applicants and reappointees for
the Construction Code Board of Appeals, Health and Human Services Commission,
Industrial Development Authority, Municipal Property Corporation and Public Safety
Personnel Retirement Board The Construction Code Board of Appeals has two year
terms of office The Industrial Development Authority has six year terms of office The
Public Safety Personnel Retirement Board has four year terms of office The Health and
Human Services Commission and the Municipal Property Corporation have three year
terms of office. There are vacant positions on the Construction Code Board of Appeals,
the Industrial Development Authority and the Municipal Property Corporation.
Most individuals whose terms are expiring have indicated a desire to be reappointed.
The following list includes (a) current board/commission members who have expressed
interest in being reappointed and (b) new applicants who have expressed interest in being
appointed to a city board or commission. Letters were sent to all applicants and those
requesting reappointment for the boards/commissions
Copies of the talent bank applications have been given to council in an accompanying
notebook. If an applicant for reappointment/appointment is currently on another
board/commission, it is so noted under "Additional Comments" in each section of the
notebook
Construction Code Board of Appeals (three positions)
Reappointments New Applicants
Dallas Dewey Anthony Bowler
Jesse Gage
Health and Human Services Commission (two positions)
Reappointments New Applicants
Randy Mullen Bruce Klingaman
Jodene Weeter Karen Sundt
Rudolph Tameron
Industrial Development Authority (three positions)
Reappointments New Applicants
None Jeff Struble
Municipal Property Corporation (two positions)
Reappointments New Applicants
Wayne Standage Jesse Gage
Jeff Struble
Public Safety Personnel Retirement Board (Two positions—second position is elected
by police department)
Reappointments New Applicants
Tom James Rudolph Tameron
Clyde Allison (police rep.)
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Print
TO: City Manager's Office
FROM: Rudy Esquivias, Senior Planner/Zoning Admin.
DATE: October 15, 2012
kgenda Type : Work Session Agenda
Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities
TITLE OF AGENDA ITEM:
PRESENTATION AND DISCUSSION OF PROPOSED CASES PZ-3-12 AND SD-2-12, REQUESTS BY DAN KAUFMAN,
REPRESENTING GLEN A WILT JR , FOR A PLANNED DEVELOPMENT REZONING AND PRE-PLAT APPROVAL OF A
PROPOSED SUBDIVISION TO BE CALLED "STAGECOACH TRAILS".
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION / BACKGROUND INFORMATION:
The 15-gross-acres property located at the southeast corner of W Roundup Street and N Main Drive is proposed to be
rezoned from CR-5 (Multi-Family Residences) and GR (General Rural) to CR-3/PD (Conventional Single-Family Homes by
Planned Development), for the purpose of developing a gated 105-lot subdivision with private streets and resident amenities
FISCAL IMPACT:
Budgetary Approval Not Required
OPTIONS / ALTERNATIVES:
Zoning Ordinance Requirement
RECOMMENDATION:
On September 25, 2012, the Planning and Zoning Commission voted to recommend approval of both the rezoning and pre-
plat requests by a vote of 5-1, with all of the recommended conditions of approval.
ATTACHMENTS:
Click to download
l] PZ-3-12-SD-2-12 Council Memo
D PZ Staff report and attachments
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City of Apache Junction
4;4 °N1. Development Services Department
Date• October 3, 2012
To Honorable Mayor and City Council Members
Through George Hoffman, City Manager
Brad Steinke, Development Services Director
From Rudy Esquivias, Senior Planner/Zoning Admin.
Subject: October 15, 2012, City Council Work Session -Agenda Item
PZ-3-12/SD-2-12 Stagecoach Trails Subdivision
Background
Dan Kaufman, representing property owner Glen Wilt Jr, has applied for rezoning and
preliminary subdivision plat approval for a new 105-lot, conventional single-family homes
subdivision to be called "Stagecoach Trails". The previously undeveloped 15-gross-acres
property is located at the southeast corner of W Roundup Street and N. Main Drive. The north
5-acres of the property is currently zoned CR-5 (Multiple-Family Residence Zone) and the south
10 acres is currently zoned GR (General Rural). The proposed zoning for the property is CR-
3/PD (Conventional Single-Family Homes by Planned Development).
Planning and Zoning Commission Recommendation
On September 25th, 2012, the Planning and Zoning Commission held a public hearing regarding
the development plan and preliminary plat (P&Z staff report and exhibits attached) The
Commission voted to recommend approval of both the PD rezoning with all recommended
conditions, and the preliminary plat with all recommended conditions, by a vote of 5 to 1. The
dissenting vote was cast because of concerns that the lots were too small, that the homes are
too close together; that residents would not enjoy any privacy and that the proposal was
straying too far away from standard CR-3 zoning requirements The Commissioner felt that if
developers are going to request projects that deviate so much from the standards, that perhaps
the City should develop a new zoning district to accommodate such requests first. Staff and the
developer commented that no negative reviews or concerns had been expressed by the
reviewing agencies, including the Fire District, especially with regard to health and safety
Three neighbors spoke at the public hearing Their concerns had mainly to do with building
heights and the blocking of views, with the high number of homes and people that would come
into the neighborhood, that they did not want streetlights, that there were drainage concerns
and that the developer should be required to construct both sides of Main instead of just his
half Staff responded that 25' and 30' building heights were already allowed for all of the
surrounding properties, that the nearest new homes (relative to the homes to the west) would
be perhaps 80' to 100' away, that streetlights on public streets are a normal requirement of
new subdivisions (not in the "Y" area), and that the property which Mr. Kaufman is going to
purchase and develop lies east of the centerline of Main Drive Mr Kaufman echoed these
points during his presentation He also spoke of the amenities that the subdivision would
feature, of other developments he has done in the City, and that the types of concerns
expressed by Commissioners and neighbors have not proven problematic in his other
developments The Commissioners ultimately recommended approval with all conditions as
suggested and commented that this was another housing choice that may appeal to many
people, but not necessarily to all
Council Meeting
At their work session on October 15th, staff will present to Council the rezoning proposal, as
well as the most recently revised version of the preliminary plat
Attachments PZ Staff Report from September 25, 2012, including neighborhood meeting summary, vicinity and aerial
maps,lot layout exhibits,clubhouse exhibit,home model plans,conceptual landscape exhibit,and pre-plat
submittal(these last three large format attachments NOT included as electronic attachments)
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Development Services Department
PLANNING AND ZONING COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: September 25, 2012
CASE NUMBER: PZ-3-12/SD-2-12
APPLICANT/OWNER: Glen A. Wilt Jr.
REPRESENTATIVE : Dan Kaufman
REQUEST: An application requesting rezoning and
preliminary plat approval for a proposed
planned development subdivision to be
called "Stagecoach Trails". The devel-
opment plan proposes to rezone the +/-15-
gross-acres property from GR (General
Rural) and CR-5 (Multiple-Family Residence
Zone) to CR-3/PD (Single-Family Residences
by Planned Development) ; and to plat the
property for +/-105 lots for single-family
homes and private amenity areas .
LOCATION: The property is located at the southeast
corner of W. Roundup St . and N. Main Dr.
GENERAL PLAN/
ZONING DESIGNATION: Medium Density Residential at 1 to 6
dwelling units per acre . The property is
currently zoned GR (south 10 acres) and
CR-5 (north 5 acres) .
SURROUNDING USES: North: Mostly manufactured homes (zoned
GR and TH-Trailer Homesites)
South: Vacant property (zoned GR)
East : Manufactured homes (zoned GR) ;
Ironwood Trails Subdivision (zoned
CR-3/PD-Conventional single-family
Homes) ; and Trails End MHP (TH) .
West - Conventional and manufactured homes
(zoned GR and TH) .
PZ-3-12/SD-2-012 (Stagecoach Trails/Kaufman)
PAGE 2 OF 10
BACKGROUND
The subject property consists of three 5-acre parcels which have
never been developed, except for partial adjacent street
A... improvements on Main and Roundup. The north 10 acres of the
property contains one of the last remaining identifiable
southeast-bound stretches of the old stagecoach trail (also
referred to as the old Globe Highway) , hence the name of the
proposed subdivision, "Stagecoach Trails".
In May of 1983, the City Council approved the rezoning of the
north 5 acres of the property (parcel 100-35-022) from GR to CR-
5 (Ordinance No. 187) , subject to no conditions of approval
The old case file contains minimal information about what the
proposed project was, but it appears that the owners at the time
wanted to develop the property with apartments, possibly four-
plexes . The city' s original General Plan had designated that
part of the city for medium to high density residential uses .
The property was never developed and the zoning never reverted
PROPOSAL
Attached please find vicinity and aerial maps for the subject
property, along with model plans, concept landscape and amenity
plans, and a proposed preliminary plat for Stagecoach Trails, a
105-lot single-family homes subdivision. Mr. Kaufman, the
developer of the property, is modeling this subdivision very
similarly to the Broadway San Marcos Subdivision (at the
northwest corner of W. Broadway Avenue and the S . San Marcos
Drive alignment) , which he is currently building out. The
subdivisions will be similar in terms of lot sizes, model types,
amenity features and areas, and private streets with controlled
entries .
The main entrance to the subdivision will be off of Main Drive
and an additional separate emergency exit gate is provided
farther south on Main. The plat also proposes to abandon and
relinquish the N. Saguaro Drive and W. Greasewood Street
alignments, which are not currently used nor needed for access
by any adjoining properties .
At least eight model types are proposed, four 1-story and four
2-story, ranging in size from 1045 square feet to 2265 square
PZ-3-12/SD-2-012 (Stagecoach Trails/Kaufman)
PAGE 3 OF 10
feet. Each model offers three elevation options. As usual,
Staff will request that the models offer four-sided architecture
(i e. , no flat blank walls) and ground-mounted air conditioning
units . Each home will also have a 2-car enclosed garage.
OIN
The subdivider will also be required to provide all standard
subdivision improvements, as requested by the City Engineer,
including the widening and improvement of his half of N. Main
Drive with asphalt, sidewalk, curb, gutter, street-lights, fire
hydrants, and street frontage landscaping Preliminary comments
from Public Works Engineering indicate that they are not going
to require Roundup to be fully improved Instead Public Works
is asking the developer to construct the additional portion of
Main from the property' s southwest corner to Superstition
Boulevard. Both Main and Roundup will be dedicated public
streets. The internal streets will be private HOA-maintained
streets. Perimeter walls, on-site retention and internal
landscaping and amenity areas will also be required.
PLANNING STAFF ANALYSIS AND FINDINGS
Relationship to General Plan:
The subject site and all of the surrounding properties (with the
exception of the "community commercial" corner at Ironwood and
Superstition) are designated by the General Plan as "MD" Medium
Density Residential, maximum of 6 dwelling units per acre
(du/ac) This development proposes a density of 7 du/ac. This
slightly higher density would normally raise concerns. However,
staff believes there are extenuating circumstances which justify eN
this slightly higher density under the proposed planned
development zoning The fact is, if the developer were to take
maximum advantage of the existing CR-5 zoning on the north 5
acres, 109 multi-family units could be constructed on that
parcel alone. Instead, the developer is proposing to construct
105 single-family units spread out over the entire 15 acres,
thus bringing the zoning and the density much closer into
compliance with the city' s current General Plan, and much more
in character with the surrounding single-family neighborhoods.
Zoning/Site Context:
The requested CR-3/PD zoning is compatible with the other medium
density single-family zoning districts and with the existing
development pattern which surrounds the site, including 2 nearby
Aw.
PZ-3-12/SD-2-012 (Stagecoach Trails/Kaufman)
PAGE 4 OF 10
mobile home parks . The new neighborhood will have very close
access to Superstition Boulevard, which is a major arterial,
section line road. And, the additional improvements on Main
will provide better access for the greater neighborhood in
general Overall, staff believes this development proposal will
provide a significant improvement to the general area and
represents quality in-fill development. The alternative is that
the three 5-acre lots could be individually sold off for land
splits, bringing no added street improvements or infrastructure
to the area.
Planned Development Request:
Planned Development deviations are being requested for the lot
size, lot width and setbacks proposed for Stagecoach Trails .
Listed below are the specific development standards for CR-3 as
stated in the Apache Junction Zoning Ordinance, and a comparison
of how the proposed planned development deviates from the CR-3
standards •
• The City of Apache Junction Zoning Ordinance, Section 1-15-6,
states that lots in a straight CR-3 zone must meet a minimum lot
area of 7, 000 net square feet (SF) . Stagecoach Trails basically
proposes 4 lot sizes . the majority of the lots are about 3465 SF
in size; the larger lots along the south perimeter are about
4750 SF in size, there are some lots in between; and a handful
of corner lots are larger.
• 60' is the minimum lot width in a straight CR-3 zone. This
development proposes minimum lot widths of 45' and 50' .
• Maximum lot coverage by all buildings is 40% in a CR-3 zone.
The lots in this development will have similar lot coverage.
• The maximum building height in CR-3 is 25' , same as what is
proposed.
• The minimum setbacks in CR-3 are 20' front, 20' rear, and 5'
and 10' on the sides, with corner lots requiring 15' from the
side street . Stagecoach Trails proposes very similar setbacks
as Broadway San Marcos; 10' front (18' minimum to the garage) ,
10' rear, 5' sides for interior lot, 8' street side for a corner
lot (See typical lot layouts for the models with the largest
footprints attached. )
PZ-3-12/SD-2-012 (Stagecoach Trails/Kaufman)
PAGE 5 OF 10
Because of the deviations listed above, a Planned Development
process is necessary for this development.
Some of the Planned development trade-offs offered by the
developer include passive and active recreation areas, including
a clubhouse and a swimming pool, and an extensive landscaped
frontage along Main (see concept plans) . There is also a
children' s play area, and turf play areas . The developer will
also be responsible for accommodating off-site flows across and
possibly around the property, as well as retaining whatever they
are displacing on-site, and making sure that those drainage
features are incorporated effectively and attractively into the
design of the subdivision.
Public Input.
The applicants conducted their public participation neighborhood
meeting on Tuesday, September 11 (see summary report attached) .
Concerns included questions about drainage patterns in the
general neighborhood and how this development would handle
drainage, parking of construction vehicles, neighborhood
lighting, sewer, public or private streets, proximity of 2-story
homes, if the development would be age-restricted and what the
homes would look like. Mr. Kaufman answered the neighbors'
questions as best he could, but the issue of off-site drainage
in particular has led Mr. Kaufman to make revisions to the pre-
plat as explained below.
Planning and Zoning Commission Work Session
v�
At their work session on September 11, the Commissioners
expressed three main concerns. that once again, a developer was
proposing very small, very tight lots with minimal setbacks and
thus minimal privacy; that circulation inside the development
was perhaps constricting and needed to provide for better
internal connectivity; and if there should be an additional main
ingress and egress entrance for the subdivision.
Please see the revised preliminary plat date-stamped September
18, 2012 and compare with the original submittal . Mr. Kaufman
has attempted to address some of the Commission and neighborhood
concerns in this revised plat. First, please note that
additional internal connectivity points are now provided next to
lots 84 and 85, and between lots 19/26 and 18/27 . Even though
the Fire District has not raised any concerns about the internal
PZ-3-12/SD-2-012 (Stagecoach Trails/Kaufman)
PAGE 6 OF 10
circulation pattern, this should provide residents with more
circulation choices in case of an emergency in the neighborhood.
Lots have shifted slightly and open space areas made a bit
smaller, given these changes . Lot sizes and requested setbacks
Am. have not changed. Secondly, the other main change on the
revised plat is that the emergency exit on Roundup has been
eliminated in an attempt to allay concerns of neighbors about
the ponding that occurs at the northeast corner area. The
engineers prefer to create an open drainage channel which will
help move water westerly on Roundup, along the north side of the
subdivision and around the corner at Main Installing culverts
at the northeast corner, to accommodate an additional emergency
exit (as shown on the original pre-plat) , may not work towards
improving the drainage situation. Lastly, Mr Kaufman prefers
not to provide an additional full time ingress/egress, as his
intent is to create a gated community with controlled access .
He states that this concept (one main entrance, one emergency
exit) has worked well in two of his other AJ developments,
Jacobs Ranch (351 lots) and Broadway San Marcos (84 lots) .
Planning Division Recommendation
Staff notes that numerous planned development deviations are
being requested for this unique subdivision. As such and within
the context of trade-offs for the requested deviations, staff
respectfully recommends to the Commission that they include the
following conditions of approval as part of a favorable
recommendation to the City Council The developer has made
changes to address some of the Commission and neighbor concerns,
however, Commissioners may recommend additional conditions which
they feel will improve the development plan.
RECOMMENDED MOTION FOR PLANNED DEVELOPMENT REZONING
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council the (APPROVAL/DENIAL) of planned
development rezoning case PZ-3-12, a request by Glen A. Wilt
Jr , represented by Dan Kaufman, for the subject property
located at the southeast corner of N. Main Drive and W. Roundup
Street, to rezone the north 5 acres from CR-5 to CR-3/PD and to
rezone the south 10 acres of the property from GR to CR-3/PD,
for 105 single-family home lots, subject to the following
conditions of approval :
PZ-3-12/SD-2-012 (Stagecoach Trails/Kaufman)
PAGE 7 OF 10
1) Street improvements along the property' s N. Main Drive
frontage from Superstition Boulevard to Roundup Street,
such as extension of pavement and the provision of
sidewalk, curb, gutter, streetlights, fire hydrants,
landscaping, retention areas, etc. , normally required
for CR-3-zoned subdivisions, shall be required as part eN
of this planned development project, subject to approval
by the City Engineer. Additional off-site improvements
along the property' s W. Roundup Street frontage shall
also be provided subject to the City Engineer' s
determination at the time of final subdivision plat and
improvement plans submittal.
2) Xeriscape landscaping shall be provided throughout the
development as illustrated on the submitted conceptual
landscape plan. The swimming pool and playground
amenity areas shall be shaded for the mitigation of
summer heat by drought-tolerant, low-water using trees
A complement of either 24" box Ironwoods or 24" box Rio
Salado Mesquites shall be used in these amenity areas,
with the Ironwood representing the first choice as it is
slow growing, and the Mesquite g g, q to as a secondary option as
it is resistant to high winds and is a good shade tree.
Play stations and usable open space shall be provided in
compliance with the city' s Parks and Recreation
standards for HOA maintained areas
3) The perimeter of the development shall be landscaped in
accordance with the city' s Landscape and Screening
Requirements, except that all required trees shall be
24" box and all required shrubs shall be 5-gallon
shrubs. A 6' tall decorative masonry wall shall
complement the W. Roundup streetscape and a 6' wall
incorporating wrought iron view fencing shall complement
the N. Main frontage from the corner at Roundup to just
south of Tract A.
4) The proposed homes shall include southwestern
architectural features as illustrated in the City' s
Design Guidelines and in the submitted elevations, and
shall offer ground mounted air conditioning units and
architectural treatments on all four sides of the
buildings so as to preclude flat or blank facades,
including pop-outs and roofline and color variations to
add visual interest
PZ-3-12/SD-2-012 (Stagecoach Trails/Kaufman)
PAGE 8 OF 10
5) All applicable permits shall be applied for and plans
shall be designed to current City codes prior to any lot
grading or construction on the lots . Inclusively, all
applicable development fees shall be paid at the time of
permits issuance on a per-building basis .
6) The preliminary and final plats shall reflect
substantial compliance and consistency with the Planned
Development concepts presented with case PZ-3-12,
incorporated by reference herein, and as otherwise
specified through these conditions of approval, to
include general layout, setbacks (10' front/18' to
garage, 10' rear, 5' interior sides, 8' street side) ,
public and private rights-of-ways, easements and tracts,
amenities, perimeter and interior lot separation walls,
model types, landscaping and other improvements .
7) The rear yard patios shall be covered, shall meet
setback requirements for the homes and shall at no time
hereafter be enclosed.
8) All common areas, amenity areas, and tracts within and
immediately adjacent to the proposed development,
including perimeter walls and fences, and interior and
exterior common area landscaping, shall be owned and
maintained in good condition at all times by the owners
or homeowners association of the proposed subdivision.
9) All-weather surface access drives for fire apparatus and
other emergency providers shall be provided during
construction of the development; and all construction
vehicles and equipment shall be kept on the subject
property.
RECOMMENDED MOTION FOR PRELIMINARY PLAT
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council the (APPROVAL/DENIAL) of a pre-
liminary plat, case SD-2-12, a request by Glen A. Wilt Jr. ,
represented by Dan Kaufman, for a proposed subdivision to be
named Stagecoach Trails, located at the southeast corner of N.
Main Drive and W. Roundup Street, subject to the following
conditions of approval -
/'1
/1
PZ-3-12/SD-2-012 (Stagecoach Trails/Kaufman)
PAGE 9 OF 10
1) All conditions of approval for the CR-3/PD-zoned property
as approved pursuant to planned development rezoning case
PZ-3-12 shall govern the design and subsequent improvements
of the Final Subdivision Plat.
2) Within one year of Preliminary Subdivision Plat approval,
the developers shall submit for formal review, the Final
Subdivision Plat and improvement plans for the proposed
subdivision.
3) Street improvements along N. Main Drive from Superstition
Boulevard to Roundup Street, including but not limited to,
the extension of pavement and the provision of sidewalks,
curbs, gutters, streetlights, fire hydrants, landscaping,
etc. , shall be designed and constructed according to the
City of Apache Junction Engineering Guidelines. Additional
off-site improvements along the property' s W. Roundup
Street frontage shall also be provided subject to the City
Engineer' s determination at the time of final subdivision
plat and improvement plans submittal .
4) The Conditions, Covenants and Restrictions for Stagecoach
Trails shall also include provisions to address the
following: prohibitions on owners using garages for
personal storage to the extent that two normal passenger
vehicles cannot be accommodated in them at all times;
establishing a uniform system for garbage pick-up and mail-
delivery; and specifying that the homeowners association is
responsible for the maintenance and upkeep of the internal
private streets, the common areas and the fencing and
landscape improvements both internal and along the outside
perimeter of the subdivision.
5) The developer shall work with and coordinate separately
with all known utility companies which serve Apache
Junction, to relinquish the 33' and 66' wide utility
easements in the existing W Greasewood Street and N
Saguaro Drive federal patented easements, prior to or upon
final plat approval . The City shall relinquish its rights
to said easements for roadway purposes upon approval of the
final subdivision plat.
PZ-3-12/SD-2-012 (Stagecoach Trails/Kaufman)
PAGE 10 OF 10
This case shall next be scheduled for City Council work session
and public hearing, subject to advertisement and notification of
surrounding property owners in accordance with City and State
laws .
tv
Prepared by Rudy Esquivias
Senior Planner/Zoning Administrator
Attachments.
Exhibit #1 - PZ-3-12 Vicinity Map
Exhibit #2 - Citizen participation meeting Summary Report
Exhibit #3 - Aerial image of property
Exhibit #4 - Aerial image of surrounding neighborhood
Exhibit #5 - Proposed models
Exhibit #6 - Typical lot layout for models with largest footprints
Exhibit #7 - Concept elevations and floor plan of clubhouse
Exhibit #8 - Conceptual landscape and amenity plans
Exhibit #9 - SD-2-12 Proposed Preliminary Plat for Stagecoach Trails
Exhibit #10 - Revised Preliminary Plat received 9-18-12
,--
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Plan 1303 Approx: 1,303 sq. ft.
OPT COVEiEO PATIO- -
BEDROOM 2 MASTER SUITE
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ry s. , -KAU ` F 1<f 'Homes`. `f _
giTAGEl : . 3 Bedroom
2 Bath
Plan 1229 Approx- 1,255sq ft
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OPTIONAL
MASTER BEDROOM I BR 3/DEN COVERED
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1 8-0 x¢-a
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Homes .._ _..,
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Tandem Garage / Opt 4th Bedroom / Den '
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d•i Kitchen
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Porch Garage Plans and elevationsare an artist's conception
only and should not be relied upon as a repre-
sentation of a completed house The actual
home as constructed may or may not contain
the features and layouts depicted Floorplans,
elevations, features and related information,
and information concerning the pricing and
availability of our homes, are subject to
Opt.Bedroom WO. change without notice Drawings shown are
not to scale
l
1
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Living
Room
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briAl
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Opt Deck B Opt Deck A Opt Deck C
Opt Door Master Bath
Master Opt, WIC
Suite Double
Venkl CO-_
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Opt.built In entertainment center Opt.built In entertainment center&fireplace iF=-^
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Bedroom 4
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d
Room ` 1
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Living
Room Options-Second Floor
//,._. t-, t__ii Opt.Z'Garage Extension
r+ I� L _ii Opt.4 Garage Extension Plans and elevationsare an artists conce5tion
Porch only and should not be relied upon as a repre-
■ sentation of a completed house The actual
■ home as constructed may or may not contain
the features and layouts depicted Floorptans,
elevations, features and related information,
Options-Main Floor and information concerning the pricing and
availability of our homes are subject to
change without notice Drawings shown are
not to scale
t -
•
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1 305 square feet, 3 bedrooms, 2 bathrooms
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City of Apache Juncrion
2
Home of the Superstition Mountains
4przoNo4
Print
TO: City Manager's Office
FROM: Roger S. Hacker, Revenue Resources Manager '
DATE October 15, 2012
4genda Type Work Session Agenda
Council Priority Focus Area- Community Development
TITLE OF AGENDA ITEM.
PRESENTATION AND DISCUSSION ON RESOLUTION NO. 12-34 AUTHORIZING THE SUBMISSION OF A FISCAL YEAR
2013 BROWNFIELDS ASSESSMENT GRANT APPLICATION.
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION / BACKGROUND INFORMATION:
Presentation by city staff and Mr Tod Whitwer, Allwyn Environmental, regarding the staff's recommendation to submit a
Brownfields Assessment Grant application for the funds to conduct a community wide Phase I and Phase II Assessment
If adopted, Resolution No. 12-34 would authorize the submission of a Brownfields Assessment Grant application for funds to
conduct a community wide Phase I and Phase II Assessment for potential petroleum and hazardous materials contamination.
FISCAL IMPACT:
Budgetary Approval Not Required
OPTIONS / ALTERNATIVES:
'ederal Law Requirement
RECOMMENDATION:
Staff respectfully recommends that the City Council review and discuss the proposed grant application
To meet grant guidelines, the proposed grant application will need to be discussed at a public hearing during the October 16,
2012 Council meeting. At the end of that hearing, staff respectfully recommends adoption of Resolution No 12-34.
ATTACHMENTS:
Click to download
❑ Staff Report
❑ Resolution No. 12-34
❑ Map of Environmental Concerns
THERE IS ADDITIONAL
INFORMATION ON THIS ITEM
IN THE REGULAR MEETING
SECTION UNDER ITEM K'
�acr� J
E �. �o y of Apache Junt aon
Home of the Superstition Mountains
4P12014i)
Print
TO: City Manager's Office
FROM: Brad Steinke, Development Services Director
DATE: October 15, 2012
agenda Type : Work Session Agenda
Council Priority Focus Area. Community Development
TITLE OF AGENDA ITEM.
PRESENTATION AND DISCUSSION ON A PROFESSIONAL SERVICES AGREEMENT WITH CARSONBISE TO
PREPARE AN UPDATED DEVELOPMENT FEE STUDY AND ORDINANCE IN AN AMOUNT NOT TO EXCEED $76,240 00.
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION / BACKGROUND INFORMATION:
The city council will review and discuss a proposed professional services agreement with CarsonBise to prepare an updated
development fee study and ordinance in an amount not to exceed $76,240 00 This update will allow the city to comply with
recent changes in state law regarding development fees
FISCAL IMPACT:
Budgeted Expenditure
OPTIONS/ ALTERNATIVES:
City Code Requirement
1ECOMMENDATION:
Presentation and discussion only.
ATTACHMENTS:
Click to download
D Cover Memo
❑ PSA
U °Z City of Apache Junction
.,. 00. Development Services Department
To Mayor and City Council
From. Brad Steinke,Director of Development Services
Date September 27, 2012
RE Professional Services Agreement for Updated Development Fee Study and
Ordinance
As a result of recent changes to state law regarding development fees (0 e , SB 1525), Arizona
communities must update their development fees by August 1, 2014 City staff has discussed the
various consultant options and recommend that CarsonBise be retained to conduct a new
development fee study, update our development fee ordinance and establish updated fees
As Council members may be aware, CarsonBise has effectively served as our development fee
consultants for over 5 years and is the most respected development/impact fee firm in the
country CarsonBise has provided the City with ongoing support of our current development fee
program at minimal cost and continues to be very responsive to our needs Finally, CarsonBise's
contract price to conduct this study (i.e., $76,240) is quite reasonable compared to costs for other
Valley communities
Project Scope of Service
The scope of services for this project is attached to the professional services contract This scope
includes the following
1. Prepare comprehensive development fee study and infrastructure improvement plan in
accordance with new state law The proposed fees include library, police, parks/open
space, roads and possibly bike/hike/horse trails.
2 Prepare updated development fee ordinance
3. Prepare updated development fee schedule
The cost of this study includes up to 4 meetings with the Council, 2 meetings with staff and 2
meetings with outside stakeholders Additional meetings will be charged at a rate of
$2,800/meeting
Staff Recommendation
Staff recommends that the Council review and discuss this matter at their October 15th work
session and then adopt the agreement at their October 16th regular meeting
300 E Superstition Boulevard • Apache Junction,AZ 85119 • Ph (480)474-5082 • Fax(480)982-7010
PROFESSIONAL SERVICES AGREEMENT WITH TISCHLERBISE
This Agreement is made as of the day of 20 (the
"Effective Date") by and between THE CITY OF APACHE JUNCTION, an Arizona
municipal corporation ("City"), and TISCHLERBISE, a Maryland corporation,
("Consultant"), both of which may be hereinafter referred to collectively as the
"Parties", for the project entitled "2013 Development Fee Study."
RECITALS
A. City desires to retain a consultant to prepare a development fee study
and to make payment for the same 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.
B. The open market procedures set forth in the Apache Junction City
Code have been satisfied.
C. The Parties have set forth below contemplated services Consultant will
provide City, including payment terms for such services and products.
AGREEMENT
NOW, THEREFORE, in consideration of the Recitals noted above, the
mutual covenants and conditions below, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
the Parties agree as follows:
1. CONSULTANT'S DUTIES. Consultant agrees to perform the
professional services detailed in Exhibit A (Scope of Services).
2. COMPENSATION: In accordance with the terms and conditions of
this Agreement, City shall compensate Consultant for professional services in an
amount not to exceed $76,240.00, in accordance with the cost table set forth in
Exhibit B.
3. CONSULTANT BILLING: Consultant shall bill City on a time and
expense basis in a total amount not to exceed Section 2 above. City shall pay
such billings within thirty (30) calendar days of the date of receipt.
4. TERM/RENEWAL: This Agreement shall be effective beginning on
November 7, 2012 and shall remain in full force and effect until June 1, 2013,
unless otherwise terminated as set forth herein. Following the initial term, the
Parties may, by mutual agreement, renew or extend this Agreement a maximum
of 4 additional months
1
[October 8, 2012 version]
5. CITY'S STANDARD OF PERFORMANCE: City shall furnish
Consultant with all data, information and other supporting services specified in
Exhibit A.
6. 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.
7. NOTICES: All notices to the a 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:
If to City: City of Apache Junction
C/O Brad Steinke, Development Services Director
300 East Superstition Boulevard
Apache Junction, AZ 85119
If to Consultant: TischlerBise
Attn: Carson Bise
4701 Sangamore Road
Suite S240
Bethesda, MD 20816
8. INSURANCE- Consultant, at its own expense, shall purchase and
maintain the herein stipulated minimum insurance with companies duly licensed,
possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in
the State of Arizona with policies and forms satisfactory to City.
All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted; failure to do so may, at the sole
discretion of City, constitute a material breach of this Agreement.
Consultant's insurance shall be primary insurance as respects the City, and any
insurance or self-insurance maintained by City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance
policies or any breach of an insurance policy warranty shall not affect coverage
afforded under the insurance policies to protect City.
The insurance policies, except Workers' Compensation, shall contain a waiver of
transfer rights of recovery (subrogation) against City, its agents, officers,
2
officials and employees for any claims arising out of Contractor's acts, errors,
mistakes, omissions, work or service.
The insurance policies may provide coverage which contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to City under such policies.
Consultant shall be solely responsible for the deductible and/or self retention
and City, at its option, may require Consultant to secure payment of such
deductibles or self-insured retentions by a Surety Bond or an irrevocable and
unconditional letter of credit.
City reserves the right to request and to receive, within ten (10) working days,
certified copies of any or all of the herein required insurance policies and/or
endorsements. City shall not be obligated, however, to review same or to advise
Consultant of any deficiencies in such policies and endorsements, and such
receipt shall not relieve Consultant from, or be deemed a waiver of, City's right
to insist on strict fulfillment of Consultant's obligations under this Agreement.
The insurance policies, except Workers' Compensation and Professional
Liability, required by this Agreement, shall name City, its agents, officers,
officials and employees as Additional Insureds.
REQUIRED COVERAGE
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 that on Insurance Service Office, Inc. Policy Form No. CG
00011093, or any replacements thereof.
Such policy shall contain a severability of interest provision, and shall not
contain a sunset provision or commutation clause, nor any provision which
would serve to limit third party action over claims.
The Commercial General Liability additional insured endorsement shall be at
least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B,
CG 20101185, and shall include coverage for Consultant's operations and
products and completed operations.
3
If required by this Agreement, 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, an
Owner and Consultant's Protective Liability insurance policy for bodily injury and
property damage, including death, which may arise in the prosecution of
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
Consultant's Commercial General Liability insurance.
Automobile Liability
Consultant shall maintain Commercial/Business Automobile Liability insurance
with a combined single limit for bodily injury and property damage of not less
than $1,000,000 each occurrence with respect to Consultant's owned, hired, and
non-owned vehicles assigned to or used in performance of Consultant's work.
Coverage will be at least as broad as coverage code 1, "any auto", (Insurance
Service Office, Inc Policy Form CA 00011293, or any replacements thereof).
Such insurance shall include coverage for loading and off loading hazards. If
hazardous substances, materials or wastes are to be transported, MCS 90
endorsement shall be included and $5,000,000 per accident limits for bodily
injury and property damage shall apply.
Workers' Compensation
Consultant shall carry Workers' Compensation insurance to cover 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 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.
4
In case any work is subcontracted, Consultant will require subcontractors to
provide Workers' Compensation and Employer's Liability insurance to at least
the same extent as required of Consultant.
Professional Liability
Consultant retained by City to provide the work or service required by this
Agreement will maintain Professional Liability insurance covering acts, errors,
mistakes and omissions arising out of the work or services performed by
Consultant, or any person employed by Consultant, with a limit of not less than
$1,000,000 each claim.
Certificates of Insurance
Prior to commencing work or services under this Agreement, Consultant shall
furnish City with Certificates of Insurance, or formal endorsements as required
by the Agreement, issued by Consultant's insurer(s), as evidence that policies
providing the required coverages, conditions and limits required by this
Agreement are in full force and effect. The form of the certificates of insurance
and endorsements shall be subject to the approval of the Apache Junction City
Attorney's Office, shall comply with the terms of this Agreement, and shall be
issued and delivered to City Attorney, City of Apache Junction, 300 East
Superstition Boulevard, Apache Junction, AZ 85119.
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 Consultant's work or services and as evidenced by annual
Certificates of Insurance.
If a policy does expire during the life of the Agreement, a renewal certificate
must be sent to City thirty (30) calendar days prior to the expiration date.
All Certificates of Insurance shall be identified with bid serial number and title.
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 and shall include the City as an additional insured. The policy
or policies shall be in the usual form of a public liability insurance, but shall also
include the following provision:
"Solely as respects work done by or on behalf of the named insured
for the City of Apache Junction, it is agreed that the City of Apache
Junction and its officers and employees are added as additional
insureds under this policy."
Insurance required herein shall not expire, be canceled, or materially changed
without thirty (30) calendar days' prior written notice to City.
5
9. APPLICABLE LAW AND VENUE: The terms and conditions of this
Agreement shall be governed by and interpreted in accordance with the laws of
the State of Arizona. Any action at law or in equity brought by either party for
the purpose of enforcing a right or rights provided for in this Agreement, shall be
tried in a court of competent jurisdiction in Pinal County, State of Arizona. The
parties hereby waive all provisions of law providing for a change of venue in
such proceeding to any other county. In the event either party shall bring suit to
enforce any term of this Agreement or to recover any damages for and on
account of the breach of any term or condition in this Agreement, it is mutually
agreed that the prevailing party in such action shall recover all costs including:
all litigation and appeal expenses, collection expenses, reasonable attorneys'
fees, necessary witness fees and court costs to be determined by the court in
such action.
10. 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 subcontractors or materialmen due to such
causes, acts of a public enemy, war, terrorism or act of terror (including but not
limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade,
insurrection, riot, labor strike or interruption, extortion, sabotage, or similar
occurrence or any exercise of the power of eminent domain 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 obligations under this Agreement. 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, subcontractors, vendors
or investors desired by Consultant in connection with the obligations under this
Agreement. 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
such 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.
11 TERMINATION• This Agreement may be terminated by either Party
for any reason upon one months' written notice. If this Agreement is terminated,
City shall be reimbursed from Consultant the amount paid for any undelivered
and/or unaccepted products or services. Upon termination, City agrees to pay
6
for all delivered, accepted, and properly invoiced services that were provided
up to the announced Termination Date.
12. INDEMNIFICATION: To the fullest extent permitted by law,
Consultant shall defend, indemnify and hold harmless City, its elected and
appointed officers, officials, agents, and employees from and against any and all
liability including but not limited to demands, claims, actions, fees, costs and
expenses, including attorney and expert witness fees, arising from or connected
with or alleged to have arisen from or connected with, relating to, arising out of,
or alleged to have resulted from the acts, errors, mistakes, omissions, work or
services of Consultant, its agents, employees, or any tier of Consultant's
subcontractors in the performance of this Agreement. Consultant's duty to
defend, hold harmless and indemnify City, its Special Districts, elected and
appointed officers, officials, agents, and employees shall arise in connection
with any tortious claim, damage, loss or expense that is attributable to bodily
injury, sickness, disease, death, or injury to, impairment, or destruction of
property including loss of use resulting therefrom, caused by an Consultant's
acts, errors, mistakes, omissions, work or services in the performance of this
Agreement including any employee of Consultant, any tier of Consultant's
subcontractor or any other person for whose acts, errors, mistakes, omissions,
work or services Consultant may be legally liable.
13. 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 tax license pursuant to Chapter 8 of the Apache Junction City Code and
keep such license current during the term of this Agreement. Any activity by
subcontractors within the corporate city limits, will invoke the same business tax
regulations on any subcontractors, and Consultant ensures its subcontractors
will obtain any required business tax license.
14. 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.
15. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this
Agreement shall imply City is obligated to obtain the services described herein
with only this particular Consultant.
16. 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
7
contained herein shall not be considered as thereafter waiving such terms,
conditions, rights or privileges, and they shall remain in full force and effect.
17. COMPLIANCE WITH FEDERAL AND STATE LAWS. Consultant
understands and acknowledges the applicability of the American with
Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug
Free Workplace Act of 1989 to the services performed under this Agreement.
As required by A.R.S. § 41-4401, Consultant hereby warrants its compliance with
all federal immigration laws and regulations that relate to its employees and
A.R.S. § 23-214(A). Consultant further warrants that after hiring an employee,
Consultant will verify the employment eligibility of the employee through the E-
Verify program. If Consultant uses any subcontractors in performance of
services, subcontractors shall warrant their compliance with all federal
immigration laws and regulations that relate to its employees and A.R.S. § 23-
214(A), and subcontractors shall further warrant that after hiring an employee,
such subcontractor verifies the employment eligibility of the employee through
the E-Verify program. A breach of this warranty shall be deemed a material
breach of the Agreement that is subject to penalties up to and including
termination of this Agreement. Consultant is subject to a penalty of$100 per day
for the first violation, $500 per day for the second violation, and $1,000 per day
for the third violation. City at its option may terminate this Agreement after the
third violation Consultant shall not be deemed in material breach of this
Agreement if the Consultant and/or subcontractors establish compliance with
the employment verification provisions of Sections 274A and 274B of the federal
Immigration and Nationality Act and the E-Verify requirements contained in
A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any
Consultant or subcontractor employee who works under this Agreement to
ensure that the Consultant or subcontractor is complying with the warranty. Any
inspection will be conducted after reasonable notice and at reasonable times. If
state law is amended, the Parties may modify this paragraph consistent with
state law.
18. 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 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.
19. SEVERABILITY: City and Consultant each believe that the
execution, delivery and performance of this Agreement are in compliance with
all applicable laws. However, in the unlikely event that any provision of this
8
Agreement is declared void or unenforceable (or is construed as requiring City
to do any act in violation of any applicable laws, including any constitutional
provision, law, regulation, or City Code), such provision shall be deemed
severed from this Agreement and this Agreement shall otherwise remain in full
force and effect; provided that this Agreement shall retroactively be deemed
reformed to the extent reasonably possible in such a manner so that the
reformed agreement (and any related agreements effective as of the same date)
provide essentially the same rights and benefits (economic and otherwise) to the
Parties as if such severance and reformation were not required. Unless
prohibited by applicable laws, the Parties further shall perform all acts and
execute, acknowledge and/or deliver all amendments, instruments and consents
necessary to accomplish and to give effect to the purposes of this Agreement, as
reformed
20. 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.
21. 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.
IN WITNESS WHEREOF, Consultant and City have executed this
Agreement as of the date first set forth above.
TischlerBise, a Maryland corporation
By:
Its:
CITY OF APACHE JUNCTION, ARIZONA,
an Arizona municipal corporation
By: John S. Insalaco
Its. Mayor
ATTEST:
Kathleen Connelly, City Clerk
9
APPROVED AS TO FORM:
By:
R. Joel Stern, City Attorney
STATE OF ) _
) ss.
County of
The foregoing was acknowledged before me this day of
20 , by as of
TischlerBise, a Maryland corporation
Notary Public
My Commission Expires.
(seal)
STATE OF ARIZONA )
) ss.
COUNTY OF
The foregoing was acknowledged before me this day of
, 20 , by John S. Insalaco, as Mayor of the City of Apache
Junction, Arizona, an Arizona municipal corporation.
Notary Public
My Commission Expires:
(seal)
10
EXHIBIT A
SCOPE OF WORK
Project Understanding and Project Approach
I PROJECT UNDERSTANDING
The passage of SB 1525 has dramatically changed the way that development fees are calculated and
their role in financing the infrastructure requirements of new development These changes have
occurred against the backdrop of an economic recession which has especially impacted real estate
development In this new statutory and economic environment, the City of Apache Junction has an
opportunity to bring a new perspective to its development fee programs
In addition to meeting the new technical and legal requirements of SB 1525, TischlerBise has identified
the following key issues which must be addressed in this update of the City's development fees:
Fiscal Sustainability. The new definition of "necessary public services" will limit the type of
infrastructure for which development fees can be collected Additionally, there is now a
requirement that only projects to be constructed in the next ten years may be funded with
development fees (with the exception of water or wastewater facilities) Taken as a whole, these
changes raise the issue of whether certain development fees are fiscally sustainable Put another
way, a community "could" charge certain categories of development fees, but the more important
question is whether the fee "should" be charged at all
Realistic Assumptions In light of the recent economic recession and prolonged recovery, growth
assumptions and capital improvement programs should be re-evaluated to ensure that the key
variables in the development fee formula are appropriate In several of our recent development fee
engagements, TischlerBise has witnessed a trend of development fee amounts decreasing as a
result of slower growth projections and scaled-back capital improvement plans
Role of Development Fees In addition to revising the assumptions underlying the development fee
calculations, the update process is an opportunity for the City to re-evaluate all aspects of its
development fee program including (but not limited to) land uses included in the fee schedule,
administrative processes, and the role of development fees in financing infrastructure needs
II PROJECT APPROACH
TischlerBise believes that one of the positive aspects of the recent changes to the State's development
fee legislation is that it will redirect focus on the fact that development fees are a land use regulation
rather than simply a one-time revenue accruing from new development. Many communities in Arizona
lost this perspective during the building boom that occurred in the State from 2000 to 2007 Revenue
maximization was the focus of development fees versus how a development fee methodology and
program could be crafted to help a community implement land use and economic policy objectives.
For example, TischlerBise pioneered the concept of tiered transportation impact fees, varying the fees
by vehicle miles of travel, which can have the effect of incentivizing development in areas with existing
infrastructure capacity (e g, urban core) and discouraging development on the fringe With this update
to the Infrastructure Improvement Plan and Development Fee Study, Apache Junction has an
opportunity to revisit and examine updated approaches for its development fee program and craft a
methodology that reflects City land use and economic development objectives.
Evaluation of Alternatives. Development fees are fairly simple in concept, but complex in delivery
Generally, the jurisdiction imposing the fee must (1) identify the purpose of the fee, (2) identify the use
to which the fee is to be put, (3) show a reasonable relationship between the fee's use and the type of
development project, (4) show a reasonable relationship between the facility to be constructed and the
type of development, and (5) account for and spend the fees collected only for the purpose(s) used in
calculating the fee
Reduced to its simplest terms, the process of calculating development fees involves the following two
steps
1. Determine the cost of development-related capital improvements, and
2 Allocate those costs equitably to various types of development
There is, however, a fair degree of latitude granted in constructing the actual development fees, as long
as the outcome is "proportionate and equitable." Fee construction is both an art and a science, and it
is in this convergence that TischlerBise excels in delivering products to clients.
Designing the optimum development fee approach and methodology is what sets TischlerBise apart
from our competitors Unlike most consultants, we routinely consider each of the three methodologies
for each component within a fee category The selection of the particular methodology for each
component of the development fee category will depend on which methodology is most beneficial for
each community In a number of cases, TischlerBise will prepare the development fees using several
methodologies and will discuss the various trade-offs with the City There are likely to be policy and
revenue tradeoffs depending on the capital facility and methodology. We recognize that "one size does
not fit all" and create the optimum format that best achieves the City's goals
Each community is different, each fee category is different, and TischlerBise compares alternative
methodologies to maximize revenues for our clients.
41111114,
For example, TischlerBise typically calibrates development fees to the specific jurisdiction's road
network and demographic data, whether using an incremental expansion or plan-based method Our
firm is able to evaluate different methods because we do not rely on state/regional transportation
models to provide data inputs for the development fee calculations In essence, we develop our own
aggregate travel demand model that is in some ways more sophisticated than the large-scale computer
models used by state and regional agencies. For instance, while it is common for link-specific computer
models to lump together all housing types and only separate retail from all other types of
nonresidential development, we routinely use at least two types of housing units and between three
and five nonresidential development types in our travel demand analysis.
Public Outreach. While no one wishes to see their cost of doing business increase, well-informed
stakeholders do understand the need for the necessary resources to construct growth-related
infrastructure and provide essential development-related review services Additionally, SB 1525
requires the creation of an "infrastructure improvement advisory committee" It is incumbent upon the
City and the consultant to provide the information needed to develop well-informed committee
members and citizens
Based upon our experience with development fees and infrastructure funding efforts in the State of
Arizona, we anticipate that this study may attract controversy, especially given the current economic
climate Therefore, it is essential to build a coalition of support early in the process, to educate and
inform the public and other key stakeholders about the purpose of the study, and to explain how it will
benefit both key constituents (developers) as well as the general public. It is critical to develop a
communications strategy that will offset and correct misinformation that may proliferate, and to
provide clear and compelling logic for public adoption of the revised development fee program. Our
seasoned project team has actively participated in legislative body meetings and citizen committees to
educate and lead stakeholders regarding the technical process of development fee calculations as well
as the pros and cons of development fee and user fee rate increases, particularly during challenging
economic times
III WORK PLAN AND TASK SCHEDULE
The following is the Scope of Work for this assignment. We have designed this work plan to be
responsive to the City's needs and the new requirements of ARS 9-463.05 per SB 1525 The following
scope of work includes development fees for streets, water resources, parks, libraries and police
Consideration of expanding either the transportation or parks development fee categories to include
biking/hiking trails is also included.
TASK 1: PROJECT INITIATION
Description. The purpose of this task is to develop a complete understanding of land use planning
issues In addition,this task will serve as an opportunity for TischlerBise to make contact
with staff and conduct project "kick-off" activities. During this task, we will meet with
City staff to establish lines of communication, review and discuss project goals and
policies related to the project, and review (and revise, if necessary) the project
schedule. This meeting will also outline the expected data and documentation to be
prepared and presented by staff related to the project. The specifics of this initial
discussion are outlined below.
• Review and refine work plan and schedule, if appropriate
• Assess information needs and required staff support
• Discuss the City's infrastructure needs
• Discuss overall capital facility financing issues
• Identify and discuss trade-offs with different development fee approaches
including: residential fees by house size, condensed nonresidential fee schedule,
and geographic services areas
• Identify and collect data and documents relevant to the analysis
• Become familiar with the City's land use and economic development goals
• Identify key stakeholders for the Infrastructure Improvements Advisory Committee.
TischlerBise will also meet with elected officials to brief them on the development fee
.o.
update process and identify any policy issues or objectives and receive direction from
them.
Meetings. One (1) meeting with City staff and elected officials
Deliverables. 1) Data request memorandum. 2) Revised project schedule, if necessary. 3) Project
team member contact list including names, location addresses, phone numbers, and e-
mail addresses.
TASK 2: DEVELOP LAND USE ASSUMPTIONS
Description. TischlerBise will review and calculate annual projections of population, employment,
housing, and commercial, industrial, and other nonresidential square footage data for
the City The projections will be based on discussions with staff and review of published
information from sources including the City's General Plan, U S Census Bureau, and
Maricopa Association of Governments (MAG). This task will serve to establish forecasts
reflecting population, housing, employment, nonresidential building area, and other
relevant data for the time period to be covered by the IIP This task will also include an
analysis of City service areas as well the possible need for additional service areas in
light of the enhanced language of SB 1525
TischlerBise will prepare a plan which includes projections of changes in land uses,
densities, intensities, and population for a specific service area over a period of at least
ten (10) years and pursuant to the City's General Plan. A map of the area to which the
land use assumptions apply will also be included in this task
Meetings. None
Del►verables• TischlerBise will produce a Land Use Assumptions memorandum for review and
approval for the City.
TASK 3:ASCERTAIN DEMAND FACTORS AND LEVELS OF SERVICE FOR "NECESSARY PUBLIC
SERVICES"
Description: Communities in Arizona may assess development fees for "necessary public services"
which have a useful life of more than three (3) years and that are owned and operated
on behalf of the City
"Necessary public services" allowable under State law which is to be analyzed in this
study include Libraries, Streets, Fire, Police and Parks TischlerBise will also evaluate the
eligibility of including Facilities Financed Prior to June 1, 2010 (facilities which were
debt financed and whose debt service is to be repaid using development fees), which is
allowed under the new Act.
There are several important subtasks that are outlined below.
1) Proportionate Share— Determine the proportionate share of the cost of"necessary
public services," based on service units, needed to provide such services to new
development.
2) Determine Existing Levels of Service—The costs for the "necessary public services"
required to serve new development are based on the same level of service being
provided to existing development in the service area. We will determine the
existing level of service by conducting onsite interviews, evaluating the appropriate
studies, and analyzing relevant local data. These onsite interviews will also include
discussions about and defining of the infrastructure components to be included in
the IIP and development fees
3) Determine Service Areas — This subtask specifies the area(s) within the City's
boundaries in which development will be served by the "necessary public services"
or facility expansions and that a substantial nexus exists between the necessary
public services or facility expansions and the development being served as
prescribed in the IIP
The above subtasks will enable us to ensure that three important development fee
requirements are met, collectively referred to as rational nexus requirements
demonstration of impact, benefit, and proportionality
Meetings. One (1) meeting with City staff
Deliverables. See Task 7
TASK 4: EVALUATE DIFFERENT ALLOCATION METHODOLOGIES
Description• The requirement that the development fees be based on an IIP does not equate to a
requirement that only the plan-based methodology can be used in the calculations The
IIP can reflect the past capacity investments in infrastructure which will be repaid by
new development with development fee revenues Likewise, the City can plan to
provide new development the same level-of-service being currently provided to existing
development
TischlerBise will evaluate different allocation methodologies for each IIP and
development fee component to determine which methodology is the most appropriate
measure of the demand created by new development.These methodologies include:
Buy-in Methodology — This methodology is best suited for infrastructure which has
already been built and has excess capacity available to be utilized for new development.
Incremental Expansion Methodology — Under this approach, new development will
receive the current level of service being provided to existing development by the
existing inventory of infrastructure
Plan-Based Methodology — This methodology primarily evaluates the Capital
Improvement Plan for new development's proportionate share of planned capital
projects. It is important to note, however, that capital improvement plans are often
fiscally constrained and may not reflect the true requirements of new development.
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TischlerBise will therefore also evaluate master plans for different categories of
infrastructure
This comprehensive approach and consideration of alternative methodologies will allow
maximization of the development fees.
Meetings. Conference Calls as Necessary
Deliverables. See Task 7
TASK 5: IDENTIFY CAPITAL NEEDS AND COSTS
Description: This task will determine the relevant capital needs and costs due to growth
1) Long-Range Capital Need - In this subtask, TischlerBise will focus primarily on the
Capital Improvements Plan (CIP) and will review various studies and other relevant
data to determine long-range capital needs Discussions will aim not only to
understand the specific costs, but also to assess the size and scope of projects and
whether capital facility needs are due to normal replacement, catch-up, or new
demand
2) Service Units —TischlerBise will define the standardized measures of consumption,
use, generation, or discharge attributable to an individual unit of development for
each category of"necessary public services" or facility expansions.
3) Review Cost Estimates - In this subtask, TischlerBise will review the costs of
infrastructure improvements, real property, financing, engineering, and
architectural services associated with the "necessary public services"to be included
in the IIP and development fees.
4) Financing Costs — TischlerBise will identify projected interest charges and other
financial costs which are to be used for repayment of principal and interest of debt
used to finance construction of"necessary public services" identified in the IIP.
5) Identify Ineligible Costs —In this subtask, TischlerBise will identify costs which are
not eligible for inclusion in the IIP and development fees Ineligible costs include
projects not included in the IIP, repair, maintenance, or operation of existing
facilities, projects which serve existing development in order to meet stricter
regulatory requirements, projects which provide a higher level of service to existing
development,and administrative, maintenance,and operating costs
As part of calculating the fee, costs for infrastructure improvements, real property,
financing, engineering, and architectural services will be considered TischlerBise will
consider all of these components in developing an equitable allocation of costs
Meetings- One(1) meeting with City staff
Deliverables: See Task 7
TASK 6. DETERMINE THE NEED FOR CREDITS
Description. There are two (2) types of "credits," each with specific, distinct characteristics that
should be considered as part of this analysis The first is a credit due to possible
"double-payment" situations These could occur when future contributions are made by
the property owner toward the capital costs of the public facility covered by the
development fee Per state law, TischlerBise will forecast revenues generated by new
service units other than development fees, such as state-shared revenue, highway user
revenue, federal revenue, ad valorem property taxes, construction contracting, or
similar excise taxes and the capital recovery portion of utility fees attributable to
development based on the approved land use assumptions
The second is a credit toward the payment of a development fee for the required
dedication of public sites and improvements provided by the developer and for which
the development fee is imposed. Both types of credits will be addressed in the
calculation of development fees
Meetings: None
Deliverables. See Task 7
TASK 7: DISCUSSION OF PRELIMINARY METHODOLOGIES AND POLICY OPTIONS
Description. The completion of the previous tasks will allow TischlerBise to prepare draft levels of
service tables and methodology recommendations for each infrastructure category and
component. We will discuss this information with City staff to ensure understanding
and acceptance Policy alternatives will be discussed as appropriate This should help
ensure "sign-off" and prevent time delays in finalizing the analysis.
Meetings- One (1) meeting with City staff and elected officials to discuss and explain the
preliminary findings, assumptions, and results One (1) meeting with representatives
from the development community to present land use assumptions and preliminary
findings
AO.6k
Deliverable. For Tasks 3 —7, TischlerBise will prepare a memorandum for staff review and comment
detailing proposed levels-of-service, cost estimates, service areas, and recommended
calculation methodologies
TASK 8: PREPARE INFRASTRUCTURE IMPROVEMENT PLAN(IIP)
•�• Description• In this task, TischlerBise's qualified professionals will prepare an IIP using generally
accepted engineering and planning practices for each "necessary public service" for
which a development fee can be assessed Development of the IIP will include the
following subtasks:
1) Reserve Capacity — The IIP will identify infrastructure capacity to be reserved to
serve future development
2) Description of Existing Necessary Public Services in Service Area — The IIP will
include a description of the existing "necessary public services" in the service area
and the costs to upgrade, update, improve, expand, correct, or replace those
services to meet existing needs and usage and stricter safety, efficiency,
environmental, and regulatory standards
3) Analysis of Total Capacity — The IIP will identify the current usage and
commitments for usage of capacity of the existing"necessary public services "
4) Description of"Necessary Public Services"Attributable to New Development-The
IIP will describe all parts of the "necessary public services" of facility expansions and
their costs necessitated by and attributable to development in the service area
based on the approved land use assumptions Cost forecasts will include the costs
of infrastructure improvements, real property, financing, engineering, and
architectural services.
5) Equivalency/Conversion Table—The IIP will include a table establishing the specific
level or quantity of use, consumption, generation, or discharge of a service unit for
each category of "necessary public services" or facility expansions The table will
include the ratio of a service unit to various types of residential, commercial, and
industrial land uses.
6) Projected Service Units —The IIP will include the total number of projected service
units necessitated by and attributable to new development in the service area,
based on the approved land use assumptions.
7) Projected Demand for Necessary Public Services — The IIP will include a ten-year
projection of the demand for "necessary public services" or facility expansions
required by new service units
8) Forecast of Non-Development Fee Revenues from New Service Units—The IIP will
forecast revenues generated by new service units other than development fees,
such as state-shared revenue, highway user revenue, federal revenue, ad valorem
property taxes, construction contracting or similar excise taxes, and the capital
recovery portion of utility fees attributable to development based on the approved
land use assumptions This subtask will include a plan to include these contributions
in determining the extent of the burden created by new development
These subtasks will result in a written plan that identifies each "necessary public
service" or facility expansion that is to be the subject of a development fee and
complies with the requirements of State law
Meetings: None
Deliverables: Draft Infrastructure Improvement Plan
TASK 9: COMPLETE DEVELOPMENT FEE METHODOLOGY AND CALCULATIONS
Description• The completion of the previous task will enable the development fee methodology and
calculations to be finalized. TischlerBise will calculate the maximum justifiable fee for
commercial, residential, and industrial development that can be charged and conform
to fee requirements
Meetings. None "^
Deliverables. See Task 11
TASK 10: CONDUCT FUNDING AND CASH FLOW ANALYSIS, ESTIMATE ANNUAL OPERATING
COSTS
Description• In order to prepare a meaningful infrastructure improvement plan, it is important to
evaluate the anticipated funding sources In this task, TischlerBise will prepare a ten-
year cash flow analysis This calculation will allow the City to better understand the
revenue potential of the development fees and the amount which would be needed if
the fees were discounted It will also provide a good understanding of the cash flow
needed to cover the infrastructure costs for new development The cash flow analysis
will indicate whether additional funds might be needed or whether the IIP might need
to be altered This could also affect the total credits calculated in the previous task
Therefore, it is likely that a number of iterations will be conducted in order to refine the
cash flow analysis reflecting the capital improvement needs. Development fee
revenues can only be spent on capital projects which add capacity Operating and
maintenance costs associated with these capital improvements will have to be funded
from other revenue sources, mostly likely from the General Fund. To estimate the
annual operational and maintenance costs of the projected infrastructure, TischlerBise
will utilize several data sources, including.
• Most recently adopted operating budget
• Most recently adopted capital improvement plan
• Capital project/program submittal sheets from departments.
Meetings• None
Deliverables: See Task 11
TASK 11: PREPARATION OF IIP AND DEVELOPMENT FEE REPORT, ORDINANCE AND
PRESENTATIONS
Description: TischlerBise will prepare a written report for the City that summarizes the need for
development fees for the appropriate public facility category and the relevant
methodologies employed, as well as documentation for all assumptions and cost
factors. The report will include at a minimum the following information:
• Executive Summary
• A detailed description of the methodologies used during the study
• A detailed description of all level of service standards and cost factors used and
accompanying rationale
• An IIP spanning a maximum ten-year planning horizon listing projects, costs,
timing, and financing
• A detailed schedule of all proposed fees listed by land use type and activity
• Other information which adequately explains and justifies the resulting
recommended fee schedule
OW
■ Ten-year cash flow analysis of development fees and estimate of operating costs
• Prepare updated Development Fee Ordinance that complies with the intent and
spirit of SB 1525. This will include outlining procedures for establishing the
required Advisory Committee or Biannual Audit process It is anticipated that
the League of Cities Model Ordinance will serve as the base, with appropriate
revisions to meet specific Apache Junctions needs .....
Meetings: One (1) meeting with the development community to present and discuss final
recommendations
Two (2) presentations/worksessions with the City Council to present and discuss final
Impact Fee Report, IIP and Ordinance
Deliverable. Draft and Final IIP, Development Fee Report and Development Fee Ordinance.
TASK 12• INFRASTRUCTURE IMPROVEMENTS ADVISORY COMMITTEE
Description• TischlerBise will meet with City stakeholders two (2) times during the course of the
study process. The purpose of this committee is to allow interested parties to
understand assumptions and raise any questions about the technical demographic,
cost, revenue, credit, and other data and supporting documentation that is being used
in the calculation of development fees
1 Meeting #1 with development community - The first meeting will describe the
study process, land use projections and will allow the participants to identify and
communicate and potential issues which may affect them Future development
projections will also be presented This will occur during Task 7
2 Meeting #2 with development community - The second meeting will be a
presentation and discussion of final recommendations This meeting will occur
following the completion of Task 11
The following table presents our proposed task schedule for this assignment TischlerBise envisions a
12-month schedule to complete the study TischlerBise will devote the time and resources required to
meet this schedule.
610.111.
City of Apache Junction-Development Fee Study
Project Schedule
Task I Timeframe I Meetings
Task 1 Project Initiation October 2012 1
Task 2 Develop Land Use Assumptions October/November 2012 0
Task 3 Ascertain Demand Factors and Levels of Service for
"Necessary Public Services" November/December 2012 1
Task4 Evaluate Different Al location Methodologies December/January 2012 1
Task 5 Identify Capital Needs and Costs December/January 2013 1 or 2
Task 6 Determine the Need for Credits January 2013 0
Task 7 Discussion of Preliminary Methodologies and Policy
Options January/February 2013 1
Task 8 Prepare Infrastructure Improvement Plan(IIP) January/February 2013 0
Task 9 Complete Development Fee Methodology and Calculations March/April 2013 0
Task 10 Conduct Funding and Cash Flow Analysis,Estimate Annual
Operating Costs April 2013 0
Task 11•Preparation of IIP,Development Fee Report,Development
Fee Ordinance,Presentation April/September 2013 3
Task 12 Infrastructure Improvements Advisory Committee January 2013 through April 2013 2*
*These meetings are included in the meetings shown in the previous tasks
EXHIBIT B
Cost
The table below represents our proposed fee for this project Our total proposed not-to-exceed fee is
$76,240. This includes hours, billing classification, and hourly rate for each member of our consultant
team for each work plan task, and reimbursement levels for direct expenses Additional meetings will ,-►
be conducted at a cost of$2,800
City of Apache Junction,AZ—Development Fee Study
Project Team Member Bise Guthrie Total
Hourly Rate* $200 $180 Hours Cost
Tasks
Task 1:Project Initiation 8 8 16 $3,040
Task 2 Develop Land Use Assumptions 8 40 48 $8,800
Task 3 Ascertain Demand Factors and Levels of Service for"Necessary Public Services 8 36 44 $8,080
Task 4 Evaluate Different Allocation Methodologies 8 24 32 $5,920
Task 5 Identify Capital Needs and Costs 16 36 52 $9,680
Task 6.Determine the Need for Credits 0 8 8 $1,440
Task 7 Discussion of Prelininary Methodologies and Policy Options 4 16 20 $3 680
Task 8 Prepare Infrastructure Improvement Plan(IIP) 8 40 48 $8,800
Task 9 Complete Impact Fee Methodology and Calculations 2 8 10 $1,840
Task 10•Conduct Funding and Cash Flow Analysis,Estimate Annual Operating Costs 4 8 12 $2,240
Task 11 Preparation of IIP and Development Fee Report,Presentation 32 56 88 $16,480
Task 12 Infrastructure Improvements Advisory Committee 24 8 32 $6,240
Total 122 288 410 $76,240
Taco C of •
Apache Junction
Home of the Superstition Mountains
4Dtzelr'
a Print
TO: City Manager's Office
FROM: Joel Stern, City Attorney
DATE: October 15, 2012
Agenda Type : Work Session Agenda
Council Priority Focus Area: Community Development
TITLE OF AGENDA ITEM:
DISCUSSION OF PROPOSED ORDINANCE NO 1386 EXEMPTING ART FROM PUBLIC PROCUREMENT
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION / BACKGROUND INFORMATION:
This is follow-up action on council's September 4, 2012 direction to the city attorney, to prepare an amendment which
eliminates public art acquisition from procurement requirements under City Code Vol I, Article 3-7 A city manager
created committee is now tasked with recommending to council public art issues and the use of grant money and donations,
in addition to public funds to acquire public art Greater flexibility beyond cost is needed in selecting unique pieces of art.
Ordinance No. 1386 accomplishes this goal
FISCAL IMPACT:
Budgetary Approval Not Required
OPTIONS / ALTERNATIVES:
RECOMMENDATION:
Discussion only.
ATTACHMENTS:
Click to download
ITEM #7
WORK SESSION
Monday, October 15, 2012
ORDINANCE NO 1386
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY
CODE, VOL. I, CHAPTER 3, ADMINISTRATION, ARTICLE 3-7,
PROCUREMENT PROCEDURE, SECTION 3-7-4 (E) , PUBLIC WORKS
PROJECTS EXEMPTIONS, BY ADDING A NEW SUBSECTION (3) , PUBT,TCT
ART; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING
FOR SEVERABILITY.
WHEREAS, recently there has been community interest in
acquisition and placement of public art in public places; and
WHEREAS, Article 3-7 of the City Code, Vol. 1, requires city
staff to publicly procure works of art so that the lowest responsive
and responsible bidder is selected, and
WHEREAS, on August 20, 2012, the Mayor and City Council
authorized the City Manager to create a committee to decide public
art issues, and
WHEREAS, the committee may recommend using grant money and
donations, in addition to public funds to select, purchase or
otherwise acquire unique pieces of art to be located in conspicuous
public locations throughout the city, and
WHEREAS, to enhance the success of the newly formed committee,
staff recommends changes to the procurement regulations so that the
City has greater flexibility in selecting unique pieces of art for
public viewing; and
WHEREAS, on September 4, 2012, the Mayor and City Council
directed the City Attorney to draft the procurement code change; and
WHEREAS, the Mayor and City Council further find the code
amendment will protect and preserve the cultural heritage of the
community.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF APACHE JUNCTION, ARIZONA, as follows .
SECTION I IN GENERAL
Apache Junction City Code, Volume I, Chapter 3, Administration,
Article 3-7, Procurement Procedure, Sec 3-7-4, Public Work Projects
Exemptions, is amended by adding the following subsection.
3 . Public Art - Any painting, sculpture, mural, monument,
memorial, fountain, civic statuary, that has been planned and
executed with the specific intention of being sited or staged in
the physical public domain including on any city property and on
ORDINANCE NO 1386
PAGE 1 OF 2
eN eas
any city easements, accessible to the viewing public for the
purpose of defining a sense of place for residents and/or to
enhance tourism and historical and cultural awareness of the
community.
SECTION II REPEALING CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance, or any part of the code adopted herein
by reference, 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 portion thereof.
APPROVED 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 .
John S. Insalaco
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM.
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1386
PAGE 2 OF 2
INTEROFFICE MEMO
OFFICE OF THE CITY ATTORNEY
TO: Honorable Mayor and DATE: October 3, 2012
Members of the City Council
FROM: R. Joel Stern
City Attorney
SUBJECT. PROPOSED EXEMPTION FOR ART PURCHASES FROM
PROCUREMENT CODE; OUR FILE NO. 12-069
Recently there has been community interest in acquiring and placing public art
in conspicuous locations along Apache Trail.
Pursuant to Article 3-7 of the City Code, Vol I, works of art must be publicly bid
to ensure the lowest responsive and responsible bidder is selected.
On August 20, 2012, the Mayor and City Council authorized the City Manager to
create a committee to recommend to council public art acquisitions and
placements. This committee may also make recommendations to utilize grant
money, donations and public funds to select, purchase and acquire unique
pieces of art for public viewing.
To enhance the success of this committee, staff recommends changes to the
procurement regulations. Aside from cost, art should be judged on relevance to
the community, visual appeal, anticipated longevity, and ability to be viewed and
enjoyed by the community within public places.
On September 4, 2012, the Mayor and City Council directed the City Attorney to
draft necessary changes to the procurement code. This code amendment
(proposed Ordinance No. 1386) will protect and preserve the cultural heritage of
the community by allowing other factors to be considered instead of just cost.
Attached is a redline of the proposed code change.
R. Joel Stern
City Attorney
Attachment
4
§ 3-7-4 EXEMPTIONS.
(A) Professional services Unless otherwise required by Council,provisions of this article shall not apply to the following types
of professional services appraisal architectural certified public accountant,clergy,dental,employment,engineering financial,
legal,medical,nursing,physician,psychologist,surveying,technological,veterinarian and any healthcare related affiliations
(B) License and maintenance agreements Unless otherwise required by Council,license and maintenance agreements are
exempted from this article
(C) Materials and equipment valued less than$1,000 The provisions of this article do not apply to materials and equipment
valued at less than$1,000
(D) Library materials exemption The City of Apache Junction Public Library shall not be required to use the competitive
bidding process as set forth in this article for the purchases of audiovisual materials books,periodicals and subscriptions
(E) Public works projects exemption
(1) Public buildings Any building,structure,addition or alteration thereto contemplated on city property constructed with the
use of the city's regularly employed personnel or contractors in an amount up to and including$100,000(excluding materials and
equipment previously acquired by bid)does not require Mayor and Council approval
(2) Public infrastructure Any street,road,bridge,water or sewer work,other than a water or sewer treatment plant or
building,constructed with the use of the city's regularly employed personnel or contractors in an amount up to and including
$100,000(excluding materials and equipment previously acquired by bid)does not require Mayor and Council approval
(3) Public Art-Any painting,sculpture,mural,monument,memorial,fountain,civic statuary,that has been planned and
executed with the specific intention of being sited or staged in the physical public domain including on any city property and on any
city easements,accessible to the viewing public for the purpose of defining a sense of place for residents and/or to enhance tourism
and historical and cultural awareness of the community
(F) Single source procurement Materials,supplies and services may be procured without competition if the City Manager or
his or her designee determines the needed materials,supplies or services are available from only 1 source and only when proven
by city staff that the advantages and overriding considerations are paramount to the city's interests
(G) Emergency purchases The City Manager or his or her designee may authorize city staff to make emergency purchases
without competition if
(1) There exists a threat to public health,welfare or safety(including but not limited to damaged city property causing such
threat without repair,replacement or substitute),
(2) If a situation exists which makes compliance with the procurement process contrary to the public interest,
(3) There is immediate need to prepare for national or local defense or assistance,
(4) There is a breakdown in machinery or in an essential service which requires the immediate purchase of equipment,
supplies or services to protect the public health welfare or safety,or
(5) An essential departmental operation effecting the public health,welfare and safety would be greatly hampered if the
prescribed procurement procedure would cause an undue delay in obtaining the needed item or service
(H) Alternative bid procedure When deemed to be in the best interest of the city supplies materials and equipment and
services not otherwise exempted herein may be purchased pursuant to specifications solicitation or contracts issued by other local,
state or federal governmental entities or through the state bid procurement lists or by quasi governmental units or school districts
which have used procurement procedures that are equal to or stricter than the provisions set forth herein In such instances,the
requirement for the city to obtain sealed or written bids or to contact prospective suppliers from bidder lists or to publish or post
notices regarding bids is not required
APACH J
X. too Cii of Apache Junction
2
Home of the Superstition Mountains
4Pizolo.
Print
TO: City Manager's Office
FROM: Joel Stern, City Attorney
DATE: October 15, 2012
Agenda Type : Work Session Agenda
Council Priority Focus Area Organizational Development
TITLE OF AGENDA ITEM
DISCUSSION ON QUESTIONS POSED AND ANSWERS RECEIVED FROM THE SEWER DISTRICT
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION / BACKGROUND INFORMATION:
On October 2, 2012, the city received the requested responses to various operational questions posed to the sewer district
pursuant to council's request Staff seeks council discussion as to whether any further council direction is necessary
FISCAL IMPACT:
Budgetary Approval Not Required
OPTIONS / ALTERNATIVES:
RECOMMENDATION:
Discussion only
/ 1(ATTACHMENTS:
Click to download /
olV
(4,1,)/
ITEM #8
WORK SESSION
October 15, 2012
RYLEYCAL K A PROFESSIONAL CORPORATION
One North Central Avenue, Suite 1200
OL A P P l_ E W H l T E Phoenix, Arizona 85004
Attormys P 602.258.7701 F 602.257.9582
Clarke H.Greger Offices in Arizona &Colorado
Direct Line: 602-440-4870 www.rcalaw.com
Direct Fax 602-257-6970
E-mail cgreger a rcalaw coin
September 27, 2012
Mr R. Joel Stern
City Attorney
City of Apache Junction
300 East Superstition Blvd.
Apache Junction, Arizona 85119
Re Superstition Mountains Community Facilities District No. 1 — City of Apache
Junction
Dear Mr. Stern.
The following is the Distnct's response to the questions posed in your e-mail to me of
September 6, 2012
1. Abrupt resignation of three board members over the years;
Response.
Recently board members Dan Austin, Ray Soden and Conrad Pisinski resigned Mr.
Austin advised the District he was resigning for health reasons Mr Soden advised the
District he was resigning for health reasons and because he needed to devote more time to his
business Mr. Pisinski did not notify the District he was resigning. The District learned of
his resignation from the City
Mr. Austin served as a Board member for 8 years, 6 months, with the last 4 years and
2 months as Chairman. During his tenure, Mr. Austin voted over 450 times on Board
motions; all of them in the affirmative
Mr. Soden served as a Board member for 4 years, 3 months with the last one year and
4 months as Chairman. During his time on the Board, Mr. Soden voted over 245 times on
Board motions; all of them in the affirmative
Mr. Pisinski served as a Board member for 6 years, 8 months. Mr Pisinski voted 397
times on Board motions, with 394 ayes(99 2%) and 3 nays (0.8%).
2. Citizen concerns regarding paying for service when services are not being
utilized; CITY -
KO D OCT 2 2012 am 9`4E:
2386766.5
Mr R. Joel Stern RYLEY CARLOCK
September 27,2012 'A P P L t ,® lAttorneeys E
Page 2
Response.
Formation documents, specifically the Petitions that were the documents executed by
owners of property and the parcels of land that form the District, state "...WHEREFORE,
each Petitioner agrees as follows. 1. When the Distnct's wastewater improvements (the
"System") are extended adjacent to the Petitioner's Property, Petitioner shall commence to
pay the District's monthly bills for sewer service regardless of whether Petitioner actually
utilizes the System. Delinquent bills are subject to late charges, interest and costs of
collection as may be duly authorized by the Board from time to time, and Petitioner
authorizes the District to record a hen against the Petitioner's Property for any delinquent
amounts 2 At Petitioner's expense, Petitioner is responsible for connection of the
Petitioner's Property to the System, including without limitation construction of a wastewater
line from structures on Petitioner's Property to the System and the closure of any existing
wastewater treatment facilities such as septic tanks All such work shall be done in
accordance with applicable state, county and local laws and codes 4 This Petition
constitutes an irrevocable offer to purchase sewer service from the District."
3. District practice of charging new owners for previous delinquent accounts;
Response
The assessments for charges are against the Property The District's policies provide
as follows: that before sewer service will be provided to any property(including connection
of disconnected property), all Fines, rates, fees and charges for service to the property then
due and payable to the District must be paid (whether or not the charges were incurred by the
person seeking service), including, without limitation: charges for labor supplied or materials
furnished by the District in installation of sewer pipe lines connecting the property with the
Collection System; fees or charges for connecting to the Sewage Treatment System; any
Fines duly imposed by the District, any expenses incurred by the District (including, without
limitation, legal expenses) in connection with service provided to the Property; any
Connection Fee, Disconnection Charge, or Reconnection Charge; or charges for repair or
Replacement of damaged, stolen or misused Sewage Treatment System facility or facilities
I am told this provision was intended to provide sufficient revenues to pay debt service on the
bonds whose proceeds financed construction of the District's collection and treatment
facilities.
Sections 1 03 and 2.08(e) of the Service Agreement between the District and a
customer incorporate the District's Policies and Procedures.
4. Eminent domain in an RV park(Mrs. Webb in Raindance MHP);
Response
Mr R. Joel Stern RYLEYCARLOCK
September 27 2012 &. :` :- LEWH 1 T 1_
p Attorneys
Page 3
This matter was addressed during the meeting with the City on August 27, 2012. As
was explained, the District extended a sewer main across a portion of the Raindance Mobile
Home Park owned by the PB&J Family Ltd. Partnership, a Colorado limited partnership.
The extension was initially built to serve Barleen's Arizona Opry. The work was done
pursuant to a permit issued by Pinal County Both the County and the District believed the
main was to be located in a County right-of-way. The plat for the Raindance Mobile Home
Park designated the area where the main is located for utilities. In fact, there are other
utilities, both buried and above-ground, that are much closer the Mobile Home Park than the
sewer main. The area appeared to be roadway right-of-way and had been treated as right-of
way by the County. When the error was discovered, the District offered to purchase an
casement for the main. PB&J requested a pnce for the easement that was more than 25 times
the fair market value. Ultimately, PB&J insisted the line be removed. The District brought
an action to condemn an easement for the main. Eventually that action was settled and the
District obtained a permanent easement for the main.
5. Two sewer lines running up to a block wall and not connected;
Response-
The Distract believes one of these may be for the Acacia Mobile Home Park. Acacia
was recently in the newspaper because of the odors and raw sewage that was coming from its
septic tanks. The tenants in the park were upset with the City and County because nothing
was being done. The District was installing an extension and performing some on-site work
at an adjacent mobile home park that had recently applied to connect to the sewer. Because
of the problems at Acacia, the District planned in advance to construct a stub out to Acacia
while it was working in the other park. This was done in the event that Acacia needed to
connect. The stub out that was constructed for Acacia was to allow for Acacia to be served
by gravity feed in lieu of having to put in-a pump station
During the week of September 10th, the District was contacted by Jeff Gonzales. He
is interested in acquiring the Acacia Park property. He inquired about connecting and
whether the property would be able to have sewer service
6. Compensation for Ed and Patty and two nieces who work at the District;
Response:
Enclosed is information from the District's FY2013 Salary Steps adopted by the
District's Board This information shows the compensation of Mr. Grabek, Ms. Briseno, and
Ms. Briseno's nieces that you requested The compensation for these four is in accordance
with the District's compensation plan that is a part of the District's budget process and has
been approved by the Board
AM ilk
Mr R Joel Stern RYLEY CARLOCK
APPT
September 27,2012 °` t! H,tt, s
Page 4
7. Nepotism concerning the high number of family members working for the
district;
Response.
As of April 19, 2011, the District's Employment Manual now includes an
Employment of Relatives Policy. A copy of that policy is attached. The related employees
were employed by the District before the effective date of the policy. Mr. Grabek and Ms.
Brisefo were employed by Professional Services Group, Inc., a firm contracted to manage
the District When PSG's contract was terminated, they became District employees They
advised the Board they were marrying. The Board told them their employment with the
District could continue after their marriage.
8. Succession planning, (i.e.,will Patty take over for Ed after Ed retires?);
Response:
When Mr Grabek announces his retirement, his position will be advertised both
internally and externally. Employment applications will be accepted from internal applicants
(if any) as well as external applicants. The Board of Directors will review the applications,
conduct interviews and perform background checks. The best qualified candidate will be
offered the position. However, at this time Edward Grabek has no immediate plans to retire
The entire management team receives training and each member receives cross training to
cover various duties for the District Manager in his absence.
9. District concerns about City staff issuing building permits when a septic tank has
failed/was repaired (i.e.primacy);
Response.
The District operates under the CAAG 208 Area—wide Water Quality Management
Plan Amendment of October 2010, approved by the EPA and ADEQ Under that Plan
Amendment, the District's service area conforms closely to the outer boundary of the City
and includes unincorporated areas of Pmal County within that area. That Plan Amendment is
part of a Certified Area—wide Water Quality Management Plan as defined in Ariz. Admin.
Code R 18-5-301.1. Pursuant to Anz. Admin. Code R 18-9-A309.A.5. a person constructing
a new on-site wastewater treatment facility or replacing the treatment works or disposal
works of an existing on-site wastewater treatment facility (this includes "conventional septic
tank systems or alternate system installed at a site to treat and dispose of wastewater" Anz
Admin. Code R 18-9-101.27) within an area designated for connection to a collection system
by a Certified Area—wide Water Quality Management Plan must connect to a sewage
collection system. The 208 Plan Amendment requires connection to a collection system.
The 208 Plan Amendment provides that persons within the service area are required to
Mr. R. Joel Stem RYLEYCARLOCK
September 27,2012 & A P i-
Page 5 Attorneys
connect to the District's system unless the District makes a written determination that it will
not provide service. Thus, the District is the only entity with authority to determine if
connection is not required. The County and the City should not be making that
deter inination.
10. District budget and increasing rates; and
Response.
Each year through a public process, the District adopts a budget and the rates, fees,
and charges for its services to support that budget. During the District's regular public
meetings in March and April the Board and staff discuss the proposed rates, fees, and charges
for the ensuing fiscal year During the District's regular meeting in May the proposed rates,
fees, and charges and proposed budget are presented, discussed and approved by the Board
Then public notice is given of the proposed budget and rates, fees, and charges. Comments
from the Mayor and Council are invited During the District's regular meeting in June, the
budget and rates, fees, and charges are presented, discussed, and comment from the public is
invited. Afterward, the budget and rates, fees, and charges for the ensuing fiscal year are
adopted The rates are set to generate sufficient revenue to meet the cost of operation of the
District, cover debt service on the District's bonds, and ensure the District's reserves, as
required by the Trust Indenture securing the bonds, are funded. The District's costs for
electricity, bulk chemicals, fuel, pipeline materials, and hundreds of parts and supplies for
daily operations have increased by an average of six percent a year. The average annual debt
service on the District's bonds has increased by 3.27%. In fiscal year 2002 the debt service
was $500,000. For fiscal year 2013 the debt service will exceed $2,000,000 In 2017 the
debt service will exceed $3,000,000 The District's annual rate increases for the 17 years it
has operated have averaged approximately three percent, approximately equal to the
increases in the CPI during that period.
11. Odor easement.
Response:
ADEQ requires the District maintain a 1000 foot odor easement measured from the
District's treatment facilities. Since the District started operating, that requirement has been
satisfied by an easement provided by the Arizona State Land Department over its land
surrounding the District's treatment facilities ASLD can require that the District purchase
the land impacted by the easement. The District is in the process of purchasing an
approximately 30 acre portion of the easement. The initial bid price for that land is S837,240
If the District has to purchase the remaining 68 acres of the odor easement, it would cost the
District at least $850,000 If the City adopts the proposed ordinance, resulting in reducing
the odor buffer from 1000 feet to 350 feet, it will save the District and its customers over
$850,000, the cost of the odor easement. In addition, the new odor control system the
Mr. R. Joel Stern RYLEY CARLOCK
September 27, 2012 `� ' - T
Page 6 Attorneys
District will install to meet the 350 foot requirement is much better than the current odor
controls.
The District's Board and staff are considering the two requests in your e-mail of
September 19,2012 And I hope to respond to those requests soon.
Very truly yours,
Clarke H. Greger
cc. Ms. Kathleen Waldron
Ms Patncia Richmond
Mr. Steven McDaniel
Mr Anthony Bowler
Mr. Edward J Grabek
SUPERSTITION MOUNTAINS COMMUNITY
FACILITIES DISTRICT NO. 1
Employment
Manual
April 19, 2011
(Revised December 28, 2011)
Acts or threats of violence include conduct which is sufficiently severe, offensive, or
intimidating to alter the employment conditions at the District, or to create a hostile,
abusive, or intimidating work environment for one or several employees. Examples of
workplace violence include,but are not limited to, the following:
1. All threats or acts of violence occurring on the District's premises, regardless of the
relationship between the District and the parties involved.
2. All threats or acts of violence occumng off the District's premises involving someone
who is acting in the capacity of a representative of the District.
Specific examples of conduct, that may be, considered threats or acts of violence include,
but are not limited to, the following:
1. Hitting or shoving an individual.
2. Threatening an individual or his/her family, fnends, associates, or property with
harm.
3. Intentional destruction or threatening to destruct the District's property.
4 Making harassing or threatening phone calls.
5. Harassing surveillance or stalking (following or watching someone).
6 Unauthorized possession or inappropriate use of firearms or weapons.
The District prohibition against threats and acts of violence applies to all persons
involved in the District's operation, including but not limited to personnel, contract, and
temporary workers and anyone else on District property. Violations of this policy by any
individual on District property will lead to disciplinary action, up to and including
termination and/or legal action as appropriate.
Every employee is encouraged to report incidents of threats or acts of physical violence
of which he/she is aware. The report should be made to your supervisor.
8.18 Employment of Relatives
The following policy is effective for all employees hired on or after April 19, 2011
The Distnct is committed to providing an equal opportunity, merit based work
environment for all employees. This includes a work environment that is free from
instances of favoritism because of relationships. Although not a complete Iist by any
means, examples of favoritism include giving a job, a promotion, a biased performance
Rev Apnl 15,2011 66
review, more favorable working conditions, access to confidential information or
unwritten authority over others that is not congruent with a job position.
Therefore, the District prohibits:
o Employment of anyone who is related to a member of the Apache Junction City
Council
o Employment of anyone who is related to a member of the Board of Directors
o Employment of related employees within the same department
o A manager or supervisor directly supervising or managing an employee to whom
the supervisor or manager is related
In addition, no manager, supervisor or employee may initiate or participate in decisions
that involve a direct benefit offered to anyone to whom the manager, supervisor, or
employee is related. Benefits include but are not limited to initial employment or rehire,
promotion, salary, performance appraisals, work assignments or other working
conditions.
No employee may use their relationship to gain access to confidential information to
which they are not entitled by their job position nor may they use their relationship to
gain formal or informal authority over others that is not congruent with their job position.
The District recognizes that the potential for conflict of interest exists in relationships
other than familial; thus "relationship"as used in this policy is defined very broadly. For
purposes of this policy, "relationship" means by family or by close personal relationship.
Family relationship means by blood or marriage, including but not limited to: spouse,
parent, child, sibling, in-law, grandparent, grandchild, aunt, uncle, cousin, niece, nephew
or step-relative. Relationship also extends to any individual with whom there is a close
personal affiliation such as domestic partners, cohabitants, significant others, and
intimate partners.
Employees are required to disclose all relationships that may be covered by this policy.
Individuals who have questions or are uncertain as to the application of this policy should
speak to the Manager of Administration.
Exceptions to this policy may be granted by the District Manager. Exceptions will be
documented by a written statement describing the relationship, the reason for the
exception and the safeguards that will be taken (if necessary) to ensure that no favoritism
will result from the exception.
This policy is enforced in compliance with all applicable laws.
Rev April 15,2011 67
ISliktiP
Superstition Mountains Community Facilities District No. i
2013 Fiscal Year Salary Steps by_Pay Grade
FY 2013 wages Salary Steps-CPI-U Adjusted to Current FY. After last step is reached CPI-U adjustments only.
Step Adjustments MIN 3.50°/° I 3.50°/0 3.50% 3.75/ %4.00% 1 4.00% 4.00 4.00% MAX
Grade Step A Step B Step C Step D I Step E i Step F Step G Step H 1 Step I Step 7
200 Hourly 58.901 60.96. 63.09 65.30. 67,75 70.46 73.28 76 21' 79.26' 82.46
Biweekly 4,712.00 4,876.80 5,047.20 5,224.00 5,420.00 5,636.80 5,862,401 6,096 80 6,340.80 6,596,80
Monthly 10,209,33 10,566.40 10 935.60 11,318.67 11,743 33 12 213.07 12 701.87.. 13,209 73 13,738.40 14,293.07
SALARY Annual 122,512,00 126,796.80 131,227.20 135,824.00 140,920.0W 146,556.80 152,422,40 158,516,80 164,860.80 171,516.80
126 Hourly 53.641 55.52' 57.46 59.471 61.70 64.17 66.74 69.41 72.19 75.10
Biweekly , 4,291.20 4441.60 4,596.80 4,757.60 4,936.00 5,133.60 5,339.20 5,552.80 5,775.20 6,008.00
Monthly 9,297,60 9,623.47 9,959.73 10,308.13 10,694.67 11,122.80 11,568 27 12,031.07 12,512.93 13,017 33
SALARY Annual 111,571.20 115,481.60 119,516.80, 123,697.60 128,336.00 133,473.60 138,819.20 144,372.80! 150,155.20 156,208.00
124 iHourty 50.97 52.751 54.60 56.511 58.63 60.981 63.42. 65.96 68.60' 71 36
Biweekly 4,077.601 4,220.00: 4,368.00 4,520.80, 4,690.40 4,878.40' 5,073.60. 5 276.80 5ase.00' 5,708.80
Monthly 8,834.80' 9,143.33 9,464.00 9,795.071 10,162.53 10,569.87 10,992.8 11,433.07 11,890.67 12,369.07
SALARY Annual _ 106,017.60 109,720.00 113,568.00 117,540.801 121,950.40 0W 126,838.40 131,913.60i 137,196.80 142,688,001 148,428.80
122 'Hourly__ 48.42 50.11 51 86' 53.68 55.691 57 92 60.24 62.651 65.16 67 79
Biweekly 3,873.60 4,008.80, 4,148.80 4,294.40 4,455.20 4,633.60 4,819 20 5,012.00' _5.212.80 5,423.20
Monthly 8,392.80 8,685.73, 8,939.07 r 9,304.53! 9,652.93 10,039.47 10,441.60 10,859 33! 11,294.40 11,750.27
SALARY Annual 100,713,601 104,228.801 107,868.80 111,654.401 115,835.20 120,473.601 125,299.20 130,312.001 135,532.80 141,003.20
120 Hourly 46.01 47.62 49.29i 51.02 52.93 55.05 57.25 59.54 61.92 64.41
Month)Biweekly 73 975.8007 3,809.60 38 543.2060 4,081.603404.00 953.60 5 152.80
Monthly 7 975.07 8 254.13 8 543.60, 8,843.47 9 174.53 9 542.00 9 923.33 10 320.27 10 732.80
SALARY ,Annual 95,700.80 99,049.60 102,523.20 106,121.60 110,094.40 114,504.00 119,080.00, 123,843.201 128,793.60 133,972.80
118 Hourly 43.71 45.24 46.82 48.461 50.28 52.29 54.38. 56.56 58.82 61 19
Biweekly 3,496.80 3,619.20 3745.60 3,876.80 4,022.40 4,183.20 4,350.40, 4,524.80 4,705.60, 4,895,20
,Monthly 7,576.40 7,841.60 8,115.47'' 8,399.73 8,715.20 9,063.60 9,425.87 9,603.73 10,195,471 10,606.27
SALARY 'Annual 90,916.80 94,099.20 97,385.601 100,796.80 104,582.40 108,763.20 113,110.40 117,644,80 122,345.601_ 127,275,20
116 Hourly 1 41 791 43 251 44.76 46.331 48.07 49.991 51.99 54.071 56.23 _ 58.51
Biweekly ` 3,343.20 3460.00' 3,580.80 3,706.40. 3,845,60 3,999.20• 4,169.20 4,325.60 4,498.40' 4,680.80
Monthly 7,243.60 7,496.67 7,758.40 8,030.53 8,332.13 8,664 93 9,011.60 9,372.13 9,746.53 10,141,73
SALARY Annual _ 86,923.20 89,960.00' 93,100.80 96,366.40 99,985.60 103,979.20 108,139.20 112,465.60 116,958.40, 121,700.80
114 ly,;Hour 39 77 41.16� 42.60 44,09 45.74i 47.57 49.47 51 45' 53.51 55.68
'Biweekly 3,181.60 3,292.80 3,408.00 3,527.20 3,659.20 3,805.60 3,957.60' 4,116.00 4,280.80 4,454.40
Monthly_ 6,893.47i 7134.40�i 7,384,00 7,642.27 7,928.27 8,245.47' 8,574.80 8,918.007 9,275.07 9,651.20
SALARY Annual 82,721.601 612.60 88,608.00 91,707.20. 95,139.20 98,945.60i 102,897.60 107,016.001 111,300.80_ 115,814.40
112 lHourly 37.81 39.13 40.501 41.92 43.49 45.23 47.04i 48.92 _ 50.881 52.93
187weekly_,3,024,80 3,130.40 3,240.00 3,353.60 3,479.20 3,618.40 3,763.20 3,913.60 4,070.40 4,234.40
Monthly 6,553,73 6,782.53 7,020.00 7,266.13 7,538,27 7,839.87 8,153.60 8,479.47 8,819.20 9,174.53
SALARY lAnnuel 6 78,644.80 81,390.40 84,240,00 87,193.60 90,459.201 94,078.40 97,843.20. 101,753.60 105,830.40 110,094.40
110 Hourly 35.98' 37 241 38.54 39.89 41.39 43.05T 44.77 46.56 48.42 50.37
Biweekly 2,878.40 2,979.20 3,083.20_ 3 191.20. 3,311 20 3,444.001 3,581.60 3,724,80'- 3,873.60 4029.60
Monthly , 6,236.53 6,454.93 6,680.27 6,914.27 7,174.27 7,462.00' 7,760.131 8,070.40 8,392.80 8,730.90
SALARY ,Annual 74,838.40 77,459.20 80,163.20. 82,971.20 86,091.20 89,544.00 93,121.601 96,844.80 100,713.60, 104,769.60
108 !Hourly__ 35.40 36.64 37.92 39.341 40.91 42.55 44.25 46.021 47.88
Biweekly 2,736.00 2,832.00, 2,931 20 3,033.60 3,147.20! 3,272.80 3,404.00/ 3,540.00 3681.60 3,830.40
Monthly 5,928.00,, 6,136.00! 6,350.93 6,572.80 6,818.93j 7,091.07 7,375.33' 7,670.00 7,976.80 8,299.20
SALARY Annual 71,136.00' 73,632.00, 76,211.20 78,873.60 81,827.201 85,092.80 88,504.00. 92,040,00 95,721.60 99,590.40
106 Houma 32.56 33.70 34.88 36.10 37.45 38.95 40.51 42.13' 43.82 45.58
Biweekly 2,604.80 2,696.00 2,790.40. 2,888.00 2,996.00 3,116.00 3,240.80 3,370.40 3,505.60. 3,646.40
,.M onthl 5 643.73 5,841.33 6,045.87 6,257.33 6,492.33 6,751.33 7,021 73! 7,302.53 7595_47 7,900.53
SALARY Annual 67,724.80 70,096.00 72,550.40 75,088.00 77,896.00 81,016.00_ 84,260.80i 87,630.40 91,145.60 94,806.40
104 Hourly 30.931 32.01i 33.13 34.291 35.58 37.00 38.48 40.021 41.621 43.30
Biweekly 2,474.40 2,560.80 2,650.40 2,743.20i 2,846.40 2,960.00 3,078.40 3,201.60 3,329.60 3,464.00
Monthly 5,361.20 5,548.40 5,742.53 5,943.601 6,167.20 6,413.33 6,669.87. 6,936.80! 7,214.13 7,505.33
SALARY (Annual 64,334.40 66,580.80 68,910,40. 71,323.201 74,006,40 76,960.00 80,038.40! 83,241,601 86,569.60., 90,064,00
102 Hourly __LL 29.45 30.48 31.55 32.65 33.87; 35.22 36.631 38.10 39.662 41,23
Biweekly , 2,356.00 2 438.40 2,524.00 2,612.00 2,709.60 2,817.60 2,930.40` 3,048.00 3,169.60 3,298.40
Monthly 5,104.67 5,283.20 5,468.67 5,659.33 5,870.80 6,104.80 6,349.20 6,604.001 6,867.47 7,146.53
SALARY Annual - 61,256.00 63,398.40 65,624.00 67,912.001 70,449.60 73,257.601 76,190.40 79,248.001 82,409.60 85,756.40
100 ..Hourly 28,01 28.99 30.00 31.05 32 21 33.50 3184 36.23 37.68i 39.11
Biweekly_L, 2,240.80 2,319.20 2,400.00 2,484.00 2,576.80, 2,680,00 2,787.20 2,898.40 3,014.40 3 136.80
Monthly 4,855.07 5,024.93'1 5,200.00 5,382.00 5,583.07 5,806,67 6,038.93' 6,279.87, 6,531.20 6,796.40
SALARY Annual _ 58,260.801 60,299.201 62,400.00 64,584.00 66,996.80 69.680.001 72,467.20 75,358,40, 78,374.40 81,556.80
30 Hourly 2C.611 27.541 28.50 29.50 30.611 31.83 33 10r 34.a2� 35.80 37 25
Biweekly 2,128,80' 2,203.201 7,230.00 2,360.00 2,4 48.80 2,546.40 2,648.00 2,753.60 2,864.00 2,980.00
Monthly 4,612.40, 4,773.60 4,940.00 5,113.33r-6,305.73 5,517.20 5,737.33. 5,966.13 6,205.33 6,456.67
`Annual 55,348.80 57,283.20 59,280.001 61,360.001 63,668.80 66,206.40 68,848.00i 71,593.60 74,464,001 77,480.00
•
E41eF0 Superstition Mountains Community Facilities District No.1
2013 Fiscal Year Salary Steps by Pay Grade
FY 2013 Wages Salary Steps-CPI-U Adjusted to Current FY. After last step is reached CPI-u adjustments only.
Step Adjustments MIN 3.50% 3.50% ( 3.50% 3.75% l 4.00% 4.00% 4.00% 1 4.00% MAX
Grade r Stems Step B _ Step C Step D _ Step E Step F Step G Step H Step I Step)
28 Hourly _ 25.33 26.22 27.14 28.09 29 14 30.31 31.52. 32.78; 34.09 35.46
Biweekly 2,026.40. 2,097.60 2,171.20 2,247,20 2,331.20 2,424.80 2,521.60 2,622.401 2,727 20 2,836.80
,Monthly 4,390.53 4,544.80, 4,704.27 4,868.93 5,050.93 5,253.73 5,463.47 5,681.87T- 5,908.93 6,146.40
}Annual 52,686.40 54,537.601 56,451.20 58,427.20> 60,611.20 63,044.80 65,561.60 68,182.401 70,907.20 73,756.80
26 Hourly 24.13 24.97 25.84 26.74 27.74 28.851 30.00' 31,20 32.451 33 78
Biweekly 1,930.40 1,997.60 2,067.20 2,139.20 2,219.20-- 2,308.001 2,400.00 2,496.00 2596.001 2,702.40
Monthly 4,182.53 4,328.13 4,478.93i 4,634.93 4,808.27 5,000.67 5,200.00 5,408.00, 5,624.67 5,855.20
Annual 50,190.40 51,937.60 53,747 20> 55,619.20 57,699.20i 60,008.00 62,400.00 64,896.00' 67,496.00 70,262.40
24 Hourly 22.94 23.741 24.57 25.43 26.38 27.44 28.541 29.68 30.87 32.12
Biweekly 1,835.20 1,899.201 1,965.60 2,034.40 2,110.40i 2,195.20 2,283.201 2,374.40 2,469,60 2,569.60
;Monthly_ 3,976.27 4,114.93 4,256 60 4,407.87 4,572.53 4,756.27 4,946.93' 5,144.53 5,350.60 5,567.47
[Annual 47,715.20 49,379.20 51,105.60 52,894.40 54,870.40 57,075.20 59,363.20' 41,734.40 64,209.60j 66,809.60
_ 22 Hourly 21.80 22.56 23.351 24.17 25.08 26.08 27.12 28.20! 29.33 30.52
Biweekly_ 1,744.00 1,804.80 1,868.00. 1,933.60 2,006.40 2,086.40 2,169.60, 2 256_00' 2,346.40 2,441.60
Monthly 3,778.67 3,910.40 4,047 33± 4,189.47 4,347,20 4,520.53^ 4,700,80; 4 888.00 5,083.87 5,290.13
Annual 45,344.00 46,924.80 48,568.001 50,273.60 52,166.40 54,246.40_ 56,409.601 58,656.00 61,006.40 63,481,60
20 Hourly' 20.75 21.481 22,23 23.01 IIIIIIIIEEKSIIIIIIIIECIMIIIIIIIIIIFMMIMIFEIIIIIIIIIIIEGM 29.05
I Biweekly 1,660,00, 1,718.40. 1,778.40 1 840.80. 1 909.60 1 985.60 2 064.80'. 2 147.20 2,232 80. 1324.00
'Monthly 1 3,596.671 3,723.20! 3,853.20 3,988.401 4,137.47 4,302.13 4,473.73 4,652.27 4,837 73i 5,035,33
;Annual 43,160.001 44,678.401 46,238.40 47,860.801 49,649.60 51,625.601 53,684.80 55,827.20 58,052.801 60,424.03
18 Hourl-y., 19.77 20,46 21 18 21.92 22.74 23.65 24.60 25.58! 26.60 27.68
Biweekly 1,581.60 1,636,80 1,694.40 1,753.60 1,819.20 1,892.00 1,968,00 2,046.40 2,128.00 2,214.40
Monthly 3,426.80 3,546.40 3,671.20 3,799.47 3,941.60, 4,099.33 4,264.001 4,433.87 4,610.67 4,797.87
Annual , 41,121.60 42,556.80 44,054.40, 45,593.60 47,299.201 49,192.00 51,168.001 53,206.40 55,328.00 57.574.40
16 Houyy_ 18.761 19.42 20.10 20.80 21.58 22.44 23.34 24.27 25.24 26.26
Biweekly 1,500.801 1,553.60 1,608,00 1,664.00 1,726.40 1,795.20 1,867.20 1,941.60 2,019.20 2,100.80
Monthly_ 3,251.73 3,366.13 3,484.00_ _ 3,605.33 3,740.53 3,,889.60 4,045,60 4,206.80 4,374.93 4,551,73
Annual 39,020.801 40,393.60 41,808.00 43,264.001 44,486.40 46,675.20 48,547.20, 50,481.60 52,449.20 54,620.80
14 Hourly 17,82' 18.441 19.09 19.76 20.50 21.321 22.17 23.061 23.98 24.95
Biweekly 1,425.60 1,475.20 1,527.20 1,580.80 1,640.00 1,705 60 1,773.60 1,844.80 J918.40 1,996.00
,Monthly 3,088.80 3,196.27 3,308,93 3,425.07 3,553.33. 3,695^47 3 842_80; 3,997.07 4,156.53 4,324.67
Annual 37,065.60 38,355.20 39,707.20 41,100.80_ 42,640.00' 44,345.60 46,113.601 47,964,80 49,878.40 51,896,00
12 Hourly_.. 16,961 17.55 18.16' 18,80 19.51 20.29 21.101 21.94 22.821 23.74
Biweekly 1,356.80 1,404.00 1,452.80 1,504.00 1,560.80 1,623.20! 1,688.001 1,755.20 1,825,601 1,899.20
Monthly_ 2,939.73, 3,042.00 3,147.73 3,258.67 3,381.73 3,516.93 3,657,33 3,802.93 3,955.47 4,114.93
Annual 35,276.801 36,504.00. 37,772.80 39,104.00! 40_580.80 42,203.20' 43,888.00 45,635.20, 47,465.60 49,379.20
10 Hourly 16.18 16,75 17.34 17.95 18.62 19.36 20.13. 20.94 21 78 22.65
Biweekly 1,294.40 1,340.00 1,387.20 1,436.00 1,489.60 1,548.80 1,610.40 1,675.20 1,742.40 1,812.00
Monthly_ 2,804.53 2,903.33 3,005.60 3,111.33 3,227.47! 3,355.73 3,489.20! 3,629.60 3,775.20 3,926.00
!Annual 33,654.40 34,840.00 36,067.20 37,336.00 38,729.601 40,268.80 41,670,401 43,555.20 45,302.40 47,112.00
8 1Hourly _ 15.35 15.89 16.4 J 17.03 17.67 18 38 19.121 19.88 20.68 21.49
Biweekly 1,228.00 1,271.20 1,316.00 1,362.40 1,413.60 1,470.40 1,529.60, 1,590.40 1,654,40 1,719.20
Monthly 2,660.67_ 2,754.27 2,851.33 2,951.87 3,062.80 3,185.87 3,314.13'. 3,445.87 3,584.53 3,724.93
Annual 31,92 OB O6 0 33,051.20 34,216.00 35,422.40, 36,753.60 38,230.40 39,769.60' 41,350.40 43,014,40 44,699,26
6 ;Hourly 14.62 15.13 15.66 16.21 16.82 17.49 18.19 18.92 19.68 20.47
;Biweekly_ __1,169.60 1,210.40 1,252.80 1,296.80 1,345.60 1,399,20 1,455.20 1,513.60 1,574.40 1637.60
Monthhy_, _ 2,534.13 2,622.53 2,714.40 2,809.73 2,915.47. 3,031.60 3,152.93 3,279.47 3 411.20 3,548.13
Annual 30,409.60 31,470.40 32,572.80. 33,716.80 34,985.60 36,379,20 37,835.20i 39,353.60 40,934.40, 42.577.60
4 Hourly 13 89 14.38_ 14.88'_ 15.40 15,98 16.62 17.28' 17.97 18.69j 19.45
Biweekly_ 1,111.20 1,150.40 1,190.40 1,232.00 1,278.40 1,329.60 1,382.40' 1,437.60 1495.20' 1,556.00
Monthly 2,407.60 2,492.53 2,579.20 2,669.331 2,769.87 2,880.80 2,995.20 3,114.80 3,239.60 3,371.33
Annual 28,891.201 29,910.40 30,950.40 32,032.00, 33,238.40 34,569.60 35,942.40 37,377,60 38,875.20 40,456.00
a;." Superstition Mountains Community Facilities District No. 1
2013 Fiscal Year Grade Step by Employee Position Held
FY 2013
Years of
Grade Employee Position Service Step
200 'Eduard J Grabek 'District Manager 18 J
mileage d cell allowance,per pay period -------._�
f122 'Patricia D.Bnseno 'Manager,Administration I 18 I J 1
118 IDarron Anglin Manager,Operations 5 A 1
114 Susan A.Sopko Financial Services Manager(PT-1/2 time) 6 J
100 Paul Gonzales Maintenance Supervisor 12 I I
:M aria Zagar Accountant 6
24 Andrea Dominguez Executive Assistant 12 -- H
I 22 James Drye John Molnar � 'Treatment Process Operator _ 3 C
'Inspector 6 F
Scott Maydew operations Support Specialist 12 J
20 Jennifer Chavez Accounting Technician 10 G
Dennis L Johnson..... Mechanic-11 _. .._ 5 _.._..I.
Dante Perez Mechanic-II 4 F
Theresa Kellow Customer Service 11 13 I
Carolyn Smarter( Customer Service II I 11 J
Martha Collett 'Customer Service II 6. a
Sahrdra Marshall 'Customer Servrrce-II._._. 6 0
18 ICunis Anderley Collection System Tech-II 9 G
;Torus Weinman Purchasing Specialist 6 G
16 Terry Barnes Solids Process Operator 6 h I
14 Jim Scheuneman Building 8 Grounds-II 6 G
Keith Bostwick Collections System Technician-I 5 F
Benjamin DanceaLukey Collections System Technician-I 5 E
10 'Fernando Reza Collection System Worker a J
roennis M Johnson Collection System Worker 4 D
Page 1 of 1 9/13/2012 11 33 AM
pACH
„IC � City ofApache Junction
Home of the Superstition Mountains
4olzoto'
aS Print
TO: City Manager's Office
FROM: Kathy Connelly, City Clerk
DATE October 15, 2012
Agenda Type : Work Session Agenda
Council Priority Focus Area. Required by Federal Law or State Statute
TITLE OF AGENDA ITEM:
PROPOSED INTERGOVERNMENTAL AGREEMENT WTIH PINAL COUNTY FOR ELECTION AND VOTER
REGISTRATION SERVICES FOR SPRING 2013 ELECTIONS.
ACTION REQUESTED:
Presentation and Discussion
DISCUSSION / BACKGROUND INFORMATION:
This agreement would provide required election-related services for the March 2013 and May 2013 elections.
FISCAL IMPACT:
Budgeted Expenditure
OPTIONS/ ALTERNATIVES:
RECOMMENDATION:
ATTACHMENTS:
Click to download
No Attachments Available