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Home My WebLink About2013 01.15 City Council Regular Agenda PLEASE FILL OUT A"REQiii"cST TO SPEAK" FORM IF YOU WISH TO ADDFW.RS THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARINC _M ACH • City of Apache Junction Home of the Superstition Mountains Z.1l APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA January 15, 2013 7:00 PM A. CALL TO ORDER. B INVOCATION AND PLEDGE OF ALLEGIANCE. c• ROLL CALL. D CONSENT AGENDA. The Council may,at this time,take single action on any or all items listed as consent agenda items These items may include, but are not limited to,acceptance of agenda,acceptance of minutes,appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The Consent Agenda is a timesaving device of which the Mayor and City Council is to receive documentation on these items from the City Manager for their review prior to the meeting.Any member of the Council may remove any item from the Consent Agenda for discussion and cause a separate vote on the matter later in the agenda. 1. Acceptance of Agenda. 2 Approval of Minutes of Regular Meeting of December 18,2012. 3 Consideration of allowing the mayor to sign an amendment extending the current agreement between the City of Apache Junction and the Arizona Department of Economic Security (Contract number DE081140-001)for vending services at the city library. p City staff and the Arizona Department of Economic Security(DES)desire to amend the current agreement extending its term by one year. The extension will allow the city and DES to negotiate a new multi-year agreement to begin in January 2014 4 Consideration of approval of Resolution No 12-38,adopting Commercial Rehabilitation Guidelines Resolution No. 12-38 establishes guidelines for a Commercial Rehabilitation Program. Approval of the guidelines does not designate funds toward this program nor will the program be initiated until funding is secured Funding will be sought through grant funding 5. Consideration of approval of Resolution No 12-39,adopting Housing Rehabilitation Program Guidelines. Resolution No 12-39 approves the modifications and adopts the City's Housing Rehabilitation Program Guidelines The modifications have been updated to reflect changes required by the Arizona Department of Housing and how the city's program has developed over the years E. AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards,presentations from other organizations, proclamations issued by the mayor,and acknowledgement of distinguished guests and visitors,and staff presentation of receipt of grant or donated funds are permitted at this time None F ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance,time and location G CITY MANAGER'S REPORT..-. �• The City Manager, members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City There shall however be no discussion at this time except for clarification inquiries 6. MANAGER'S REPORT. 7. PRESENTATION BY AND DISCUSSION WITH LIZ LANGENBACH, RECREATION SUPERINTENDENT,AND YOUTH REPRESENTATIVES FROM THE WELLNES PARTNERSHIP YOUTH FORUM HELD AT CENTRAL ARIZONA COLLEGE. The Wellness Partnership recently sponsored a youth forum at Central Arizona College. Liz Langenbach, Recreation Superintendent, will provide an overview of the details of how the youth forum came to exist and details of the event. Youth representatives that attended the event will reflect on the forum and items they identified regarding the community they live in 8. PRESENTATION AND DISCUSSION ON CLASSES THE LIBRARY IS CONDUCTING IN COLLABORATION WITI—'1E APACHE JUNCTION MUNICIPAL COURT THROUGH THE USE OF GRANTS. Tracie Curtis, Library Manager,will provide an overview of the classes the library is providing for patrons in collaboration with the Apache Junction Municipal Court Funding for the classes has been attained through grant funds H PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak All remarks shall be addressed to the Council as a whole and not to any member thereof. Such remarks shall be limited to five (5) minutes unless additional time is granted by the Mayor.This time limitation shall not apply to applicants and their agents appearing before the Council 9 PROPOSED ORDINANCE NO. 1388, CASE PZ-4-12, AN APPLICATION BY JAMES E.AND NORMA JEAN TALBOTT, REPRESENTED BY RON DWYER,TO REZONE THEIR PROPERTY AT THE SOUTHEAST CORNER OF W SUPERSTITION BOULEVARD AND N SAGUARO DRIVE FROM GR(GENERAL RURAL)TO C-2/PD(LOCAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT), FOR THE PURPOSE OF DEVELOPING A WATER AND ICE DISPENSING KIOSK BUSINESS. This rezoning proposes an infill business use for a property which has never been developed. The rezoning would allow for an un- manned kiosk business to be operated from the property,would require certain improvements on the property and would also establish a palette of future more permanent uses for the property 10. PROPOSED RESOLUTION NO. 12-40,AUTHORITY TO SUBMIT FOR FISCAL YEAR 2013 COMMUNITY DEVELOPMENT BLOCK GRANT AND STATE SPECIAL PROJECT FUNDS. A public hearing is required to solicit community input on potential projects for the submittal of Fiscal Year 2013 Community Development Block Grant and State Special Project grant applications. Resolution No. 12-40 identifies the projects selected by the city council and further authorizes the mayor to sign the application,contract,grant documents,and take fall actions necessary to implement and complete activities submitted within the applications. I OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previou_ postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk None. J NEW BUSINESS. The Council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk None K. COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters. None. L SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 11• EXECUTIVE SESSION AT 5.45 P.M. AND WORK SESSION AT 7.00 P M. FOR MONDAY, FEBRUARY 4, 2013. 12. EXECUTIVE SESSION AT 5.45 P.M. FOR TUESDAY, FEBRUARY 5,2013.OTHER MEETINGS IF NECESSARY. M. CALL TO PUBLIC. At this time the public has the privilege to address the Council with requests,communica,ons,comments or suggestions relating to City business that are not listed on the agenda.All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda. If there is a group speaking on the same item,they should select a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The Council may not answer questions of the speaker,discuss the matter with one another, but may,at the conclusion. 1) respond to criticism by a speaker,2) ask the City Manager to review a matter,3)ask the City Manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address There is a three(3)minute time limit per speaker N• ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through Thursdays,7 OOa—6 OOp,excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at (480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time CITY COUNCIL REGULAR MEETING DECEMBER 18, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 18, 2012, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 04 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Evans led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Evans Councilmember Serdy Councilmember Wilson Aar (Councilmember Waldron was absent . ) Staff Present : Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Others Present : Business Advocate Janine Solley City Magistrate James Hazel REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18, 2012 PAGE 1 OF 9 ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 12-41, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE USE OF A SAFE ROUTES TO SCHOOL NON- INFRASTRUCTURE GRANT; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN H2 GROUP, LLC AND THE CITY OF APACHE JUNCTION FOR RENOVATIONS TO THE POLICE DEPARTMENT BUILDING IN A TOTAL AMOUNT NOT TO EXCEED $38, 654 . 00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE RELEASE, MUTUAL INDEMNIFICATION AND AUTHORIZATION AGREEMENT BETWEEN AJ TOWN CENTRE LIQUIDATION TRUST AND THE CITY OF APACHE JUNCTION FOR THE DEMOLITION OF THE FORMER R&S FENCE BUILDING LOCATED AT 98 EAST SECOND AVENUE; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT DALE COLLIER AND REBECCA STANDAGE BE REAPPOINTED AS DEPUTY CITY MAGISTRATES FOR THE TERM OF JANUARY 16, 2013 THROUGH JANUARY 15, 2015; THAT WALTER SWITZER BE REAPPOINTED AS MAGISTRATE PRO TEM FOR THE TERM OF JANUARY 16, 2013 THROUGH JANUARY 15, 2015; AND THAT THE APPOINTMENTS BE EFFECTIVE FOR SAID TERM AFTER THE EXECUTION OF THEIR RESPECTIVE OATHS OF OFFICE. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Members of the Apache Junction Boys and Girls Club performed a medley of Christmas songs . REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18, 2012 PAGE 2 OF 9 AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced he is getting ready to adopt out a rescue horse. Councilmember Serdy thanked the parks and recreation department for their work on the Christmas lights for the focal point . Councilmember Evans announced the labyrinth was built in Earth Heart Park last weekend. Councilmember Evans announced she is still collecting sleeping bags, jackets and sweaters for the Kit and Kaboodle. They are donated free of charge to anyone who needs them. CITY MANAGER' S REPORT Assistant City Manager Bryant Powell commented on the clean up effort after the holiday parade and scams or home intrusions in the city, presented a video on the city winning the Best in the West Award for the new health insurance program and presented pictures from the pet pictures with Santa. Pinal County Economic Development Manager Tim Kanavel gave a presentation on the county' s economic development efforts. He commented on three major aspects of economic development : how to enhance their position as a county within the state, region, southwest region, nationally and globally; asset management; and internally setting the county up to handle economic development. Councilmember Wilson commented anything they do here as a city will augment the county. He thinks joining forces in the economic development area is a good idea. Both of them will come out positively on joint efforts, even trying to attract a specific business to the community or helping a business to increase its size . Pinal County Economic Development Manager Tim Kanavel commented he hopes that Janine would say they have been working together REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18, 2012 PAGE 3 OF 9 very well . He is right in that is what it is going to take. The old way of doing economic development by oneself is long gone and will never return. They have to cooperate together and know what everybody wants. We need to be partners . Councilmember Serdy asked who he gets his direction from. Pinal County Economic Development Manager Tim Kanavel stated he works directly for the county manager. The county manager, Greg Stanley of development services and he work together as development services is an integral part of what they do. He works in the development services building in Florence and he works with those people all the time. They continuously think about how they can do things better and how they would work with things. It has worked out well and there has been a remarkable improvement since he took over two years ago. He does not want to just talk about it, he wants to get it done . Councilmember Serdy commented he mentioned Greater Phoenix Economic Council of which four Pinal County cities are members . He asked why the county is not a member. Pinal County Economic Development Manager Tim Kanavel commented he approached Greater Phoenix Economic Council when he first joined Pinal County. Supervisor Martyn asked him to do that . They told us at that time that they did not think they could politically do that as their main contributors are in Maricopa County. They did not think that by joining it the counties could solve any issues. If Mesa is putting in $500, 000 and we put in $100, 000, it is obvious where the projects are going to go. That has come up several different times and they think about it often. Now they are proposing a huge superregional that would include four counties - Maricopa, Pima, Pinal and probably Yavapai . These counties are the heart and soul of the sun corridor. Councilmember Serdy asked if they have broken ground on the Phoenix Mart that is being built in Casa Grande. Pinal County Economic Development Manager Tim Kanavel stated they have not . It was advertised that they would break ground in December but that has not happened yet . The main money for that project comes from China. They are having their own REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18, 2012 PAGE 4 OF 9 economic development fluctuations, too. Until they get things calmed down over there, he does not see this project coming. It could be the end of next year, but he does not know. Councilmember Serdy asked how he thinks that project would affect Apache Junction and if the county would have a liaison to them once it is up and running. There are a lot of people interested in being a part of that . Pinal County Economic Development Manager Tim Kanavel stated they have not discussed a liaison just yet . It is a great idea. Any project they look at on the county level affects the entire county indirectly. It may not affect them directly. Councilmember Serdy commented he is disappointed that he did not mention tourism at all. He could understand that down in the flat parts or the ugly parts of Pinal County they do not have any. But here in Apache Junction, the most beautiful place in the valley, it is a big part of our future. Even if there is no economic development ever, they will always have the mountain and the weather. People want to come here. He thinks they should not overlook that . They need to keep it on their agenda and keep their ideas open on that . Pinal County Economic Development Manager Tim Kanavel stated the county made a statement about two years ago when they discontinued the county visitor center. He does not have anything like that on his website. The county now has the opinion that the city is more responsible for that then the county. He does not know why because it affects all of us . The issue has been brought up several different times but it goes "` nowhere. Councilmember Serdy commented that direction would come from the board of supervisors . Pinal County Economic Development Manager Tim Kanavel stated on something like that it would. It is a totally different program. Councilmember Serdy commented that is why he has interest in the Phoenix Mart . If they have wealthy Chinese people coming here, they are going to want to look around. He asked if they would REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18, 2012 PAGE 5 OF 9 be going to Maricopa County or can they be coaxed out here. He sees a lot of opportunity on that . It is why he is interested in whether or not there will be a contact person on that. Pinal County Economic Development Manager Tim Kanavel stated even when this gets started being built, it will take at least two years to build. He hopes that their economic development department will increase in size by that time. Right now there is only him. When this comes on, he believes they will have to have one person who works with the Phoenix Mart alone . PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE ON JANUARY 12, 2013 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Ms . Elizabeth Detlivson Garman, executive director of Community Alliance Against Family Abuse, addressed the council. Mayor Insalaco asked what they have going on over there. Ms . Elizabeth Detlivson Garman stated on January 12 they are having their major fundraiser, Disco Fever. There will be disco dancing, dinner and drinks. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18, 2012 PAGE 6 OF 9 COMMUNITY ALLIANCE AGAINST FAMILY ABUSE FOR THE DISCO FEVER FUNDRAISER ON JANUARY 12, 2013, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS None . NEW BUSINESS AGREEMENT WITH ARIZONA REPUBLIC FOR LEGAL ADVERTISING FOR 2013 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco called for any discussion. There being no discussion, he called for a motion. Vice Mayor Dietz MOVED THAT THE AGREEMENT BETWEEN THE ARIZONA REPUBLIC AND THE CITY OF APACHE JUNCTION FOR LEGAL ADVERTISING FOR 2013 IN THE AMOUNT OF 33 CENTS PER LINE PER DAY IN THE MESA REPUBLIC, 25 CENTS PER LINE PER DAY IN THE ARIZONA BUSINESS GAZETTE, AND 80 CENTS PER LINE PER DAY IN THE ARIZONA REPUBLIC FOR THE TERM OF JANUARY 1, 41.1k 2013 THROUGH DECEMBER 31, 2013 BE APPROVED; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. VOTE: Unanimous . The motion carried. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18, 2012 PAGE 7 OF 9 00. Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, JANUARY 14, 2013, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5: 45 P.M. BE HELD ON TUESDAY, JANUARY 15, 2013, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED i•e, THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Mr. Daniel Driscoll, 1852 N. Goldfield, Apache Junction, addressed the council regarding Resolution No. 12-37, the expansion of Goldfield Road, to advise that Goldfield Road is 100% on the residents' land. Mayor Insalaco directed Assistant City Manager Bryant Powell to look into this and see what can be done . ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 : 58 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda . 2 . Approval of Minutes of Regular Meeting of December 4, 2012 . 3. Consideration of proposed Resolution No. 12-41, authorizing the City of Apache Junction to enter into an Arizona Safe Routes to School Program Cycle 6 Intergovernmental Agreement . 4 . Consideration of approval of contract with H2 Group for the renovations to the Apache Junction Police Department in an amount not to exceed $38, 654 . 00. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18, 2012 PAGE 8 OF 9 5. Consideration of agreement between the City of Apache Junction and AJ Town Centre Liquidation Trust for demolition of former R and S Fence building, located at 96 E. 2nd Avenue. 6. Consideration of Appointment of Deputy City Magistrates and Magistrate Pro Tem. ACCEPTED THIS 15TH DAY OF JANUARY, 2013, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF JANUARY, 2013 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and +► correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 18th day of December, 2012 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 20th day of December, 2012 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 18 , 2012 PAGE 9 OF 9 ____ City of Apache junction Home (jibe Superstition Mountains 4 E N� M Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: January 15, 2013 '►genda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: Consideration of allowing the mayor to sign an amendment extending the current agreement between the City of Apache Junction and the Arizona Department of Economic Security (Contract number DE081140-001) for vending services at the city library ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: City staff and the Arizona Department of Economic Security (DES) desire to amend the current agreement extending its term by one year The extension will allow the city and DES to negotiate a new multi-year agreement to begin in January 2014. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: .ECOMMENDATION: Approval. ATTACHMENTS Click to download O Memo to Council CI Amendment to contract AWNS Public Works Department u- z e y of44,4„,„ • :. Home of the Superstition Mountains a Date. December 27, 2012 To Mayor and Members of the City Council Through. George Hoffman, City Manager Giao Pham, Interim Public Works Director From. Shane Kiesow, Public Works Manager Subject Amendment to Agreement with AZ Department of Economic Security This item is planned for a quick turnaround for a January 14th discussion and January 15th regular session consent due to the current contract term ending January 27, 2013 This amendment extension will add an additional one year to the existing agreement (contract number DE081140-001) to allow the City and AZ Department of Economic Security to negotiate a new multiyear agreement to continue providing and equipping the City with vending equipment and related stocking services starting in January 2014 City staff respectfully requests Council approval to sign amendment extension 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 SUttlitt DEPARTMENT OF ECONOMIC SECURITY Your Partarr ForA Straoacr Arizona INTERGOVERNMENTAL AGREEMENT CONTRACT AMENDMENT 1 CONTRACTOR(Name and address) 2. CONTRACT ID NUMBER City of APACHE JUNCTION DE081140-001 300 E Superstition Blvd Apache Junction, AZ 85119-2825 3 AMENDMENT NUMBER 4 THE PARTIES AGREE TO THE FOLLOWING AMENDMENT' Pursuant to paragraph 4 of the contract, AMENDMENTS OR MODIFICATIONS, the above referenced contract Is extended for the period of January 28, 2013 through January 27, 2014 5. In accordance with A.R.S.§35-393.06,the Contractor certifies that the Contractor does not have scrutinized business operations in Iran. In accordance with A.R.S §35-391 06, the Contractor certifies that the Contractor does not have scrutinized business operations in Sudan. 6. EXCEPT AS PROVIDED HEREIN,ALL TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AS HERETOFORE CHANGED AND/OR AMENDED REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT THE AMENDMENT SHALL BECOME EFFECTIVE ON THE DATE OF LAST SIGNATURE UNLESS OTHERWISE SPECIFIED HEREIN BY SIGNING THIS FORM ON BEHALF OF THE CONTRACTOR,THE SIGNATORY CERTIFIES HE/SHE HAS THE AUTHORITY TO BIND THE CONTRACTOR TO THIS CONTRACT 7 8 NAME OF CONTRACTOR ARIZONA DEPARTMENT OF ECONOMIC SECURITY City of APACHE JUNCTION SIGNATURE OF AUTHORIZED INDIVIDUAL SIGNATURE OF AUTHORIZED INDIVIDUAL TYPED NAME TYPED NAME Phyllis Mack TITLE TITLE Manager,Operations Unit DATE DATE IN ACCORDANCE WITH ARS§i 1-952 THIS CONTRACT AMENDMENT HAS BEEN REVIEWED BY THE UNDERSIGNED WHO HAVE DETERMINED THAT THIS CONTRACT AMENDMENT IS IN APPROPRIATE FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO EACH RESPECTIVE PUBLIC BODY ARIZONA ATTORNEY GENERALS OFFICE COUNSEL FOR City of APACHE JUNCTION By By Assistant Attorney General Public Agency Legal Counsel Date Date: Revised 5/28/09 40, _____ Ciy of Apache Junciion Home of the Superstition Mountains AS Print TO: City Manager's Office FROM: Heathe Patel, Program Coordinator DATE: January 15, 2013 genda Type . Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: Consideration of approval of Resolution No. 12-38, adopting Commercial Rehabilitation Guidelines. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Resolution No 12-38 establishes guidelines for a Commercial Rehabilitation Program. Approval of the guidelines does not designate funds toward this program nor will the program be initiated until funding is secured. Funding will be sought through grant funding. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: 'COMMENDATION: Staff respectfully recommends that the City Council approve Resolution No. 12-38. ATTACHMENTS. Click to download V Staff Report D Resolution No. 12-38 CI Guidelines Pp ACFi ✓ O� 2 i na v City of Apache Junction n' °N Development Services Department MEMORANDUM DATE: January 3, 2013 TO: The Honorable Mayor and City Council THROUGH. George Hoffman,City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel,Program Coordinator SUBJECT: Consideration of proposed Resolution No 12-38, adopting Commercial Rehabilitation Guidelines REQUEST Staff respectfully requests that the City Council approve proposed Resolution No 12-38 adopting Commercial Rehabilitation Guidelines for the City of Apache Junction. BACKGROUND While conducting the public participation process for the Fiscal Year 2012 Community Development Block Grant("CDBG")application, Commercial Rehabilitation was among the eligible projects discussed On October 29, 2010 during a Leadership Team meeting,the potential to create and implement a Commercial Rehabilitation Program was first discussed Based upon the grant program requirements and the recommendations of the Downtown Redevelopment and Implementation Strategy("DRIS"), the Leadership Team made the decision to forward a recommendation of a Commercial Rehabilitation Program, among other eligible projects on to the City Council for consideration during a public hearing On December 6,2011 a public hearing was held to receive input from the public and discuss potential project ideas. The City Council requested the public hearing be continued on January 3,2012 to further discuss the proposed projects However, a Commercial Rehabilitation Program generated interest among the Council. Councilmember Barker stated that staff should work on potential commercial rehabilitation guidelines for a grant submittal in 2013 Thus allowing ample time for the Council to review and approve guidelines as well as secure business interest. On January 3,2012, Council discussed potential projects for CDBG funding and both the City Council and Management directed staff to draft commercial rehabilitation guidelines and present them to the City Council for further discussion, consideration for grant funding and possible implementation at a later date On August 6, 2012, a presentation was made before the City Council regarding the ments of a Commercial Rehabilitation Program Staff collected sample guidelines from other successful Commercial Rehabilitation Programs throughout Arizona and proceeded to outline guidelines. It was determined that in order to proceed with finalizing guidelines a few fundamental questions should be asked in order to develop a comprehensive program and manage expectations for the Council,business community and the community at large. Following this meeting, staff continued to work on draft Commercial Rehabilitation Guidelines. DISCUSSION On October 1, 2012, staff presented draft Commercial Rehabilitation Guidelines to the Council As a result of that meeting, minor adjustments were made to the guidelines, specifically eligibility criteria for privately held loans on commercial properties. These properties have been determined eligible so long as a Warranty Deed has been recorded and a lien may be placed on the property Staff returned to Council on December 17,2012 to discuss,review and consider the attached guidelines Questions primarily arose regarding the determination of properties located within a FEMA floodplain. These properties are identified on the most recent floodplain map updated by FEMA in 2012. Potential applicants will be notified if they are in a floodplam,thus excluding them from the program RECOMMENDATION /, Staff respectfully recommends that the City Council approve Resolution No 12-38 adopting Commercial Rehabilitation Guidelines for the City of Apache Junction. ACTION REQUIRED Approval of Resolution No 12-38 and the Commercial Rehabilitation Guidelines. ATTACHMENTS Attachment One Resolution No 12-38 Attachment Two Commercial Rehabilitation Guidelines 2 RESOLUTION NO. 12-38 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE ADOPTION OF COMMERCIAL REHABILITATION GUIDELINES. WHEREAS, the City of Apache Junction, Arizona, is desirous of undertaking a commercial rehabilitation program; and WHEREAS, this program is anticipated to be funded with funds provided by the State of Arizona Department of Housing ("ADOH") ; and WHEREAS, ADOH requires that every local government requesting funds for commercial rehabilitation adopt specific guidelines for such a program; and WHEREAS, the City of Apache Junction has developed such Commercial Rehabilitation Guidelines ("CRGs") dated January 2013, which have been pre-approved by ADOH. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : 1) The City Council of the City of Apache Junction, Arizona, hereby adopts such CRGs, dated January 2013, in Attachment A, which shall be used to implement its commercial rehabilitation program; and 2) The City of Apache Junction, Arizona, shall utilize such CRGs, without revisions, except those authorized by the ANN Mayor. Such revisions shall be submitted to ADOH by the City 10 working days before such amended guidelines are effectuated PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2013 . SIGNED AND ATTESTED TO THIS DAY OF 2013 . JOHN INSALACO Mayor RESOLUTION NO. 12-38 PAGE 1 OF 2 Auk ATTEST• KATHLEEN CONNELLY City Clerk I APPROVED AS TO FORM: RICHARD J STERN City Attorney RESOLUTION NO. 12-38 PAGE 2 OF 2 Arlitc.1'QpGHF 3 CITY OF APACHE JUNCTION, ARIZONA COMMERCIAL REHABILITATION PROGRAM GUIDELINES As Adopted by the City Council on January 15, 2013 TABLE OF CONTENTS Program Goals and Objectives 2 Eligibility Criteria 3 Selection Criteria 5 Contract Requirements 6 Program Assistance 6 Loan Closing and Lien Recording Procedures 7 Recapture Period 7 Loan Servicing Policy/Subordination 8 Revolving Loan/Program Income 8 Property Standards 8 Procurement Policy 9 Labor Standard Requirements 11 Marketing 11 Staff Structure 11 _— Reporting Procedures 11 Conflict of Interest 11 Complaint and Grievance Procedure 12 Non-Discrimination 12 Changes to Program Guidelines 12 Forms 12 City of Apache Junction Commercial Rehabilitation Program Guidelines, page 1 of 12 The City Council of the City of Apache Junction adopts the following Commercial Rehabilitation Guidelines ("CRG") to assist the City in administering the City's Commercial Rehabilitation Program ("CRP"). The main focus of the CRP is to provide rehabilitation of commercial buildings within the City's Redevelopment Areas in accordance with the City's Building Code standards and the applicable design guidelines as identified in the Downtown Redevelopment and Implementation Strategy Design guidelines are available through the Development Services Department The purpose of the program is to assist with the elimination of slum and blight in the aforementioned area (s) pursuant to A R S Title 36, encourage revitalization; and provide economic growth and prosperity within the community. Unless specifically stated to the contrary, content contained in these guidelines are the principal requirements for administering the City's CRP PROGRAM GOALS AND OBJECTIVES The overall goals of the program are: 1 To provide an attractive, revitalized downtown business community that will spur further activity, commerce and investment in the Redevelopment Area (s) 2 To stabilize and/or improve current commerce and job opportunities within the Redevelopment Area (s) 3 To fund projects which will improve blighted conditions in the Redevelopment Area (s) 4. To restore and rehabilitate commercial building and bring them into compliance with applicable laws, codes, and design guidelines 5 To eliminate blight and prevent further deterioration of commercial buildings. 6 To create viable commercial districts that are appealing to residents, property owners, investors, and visitors alike. The CRP's objectives include 1. To improve the visual appearance of the structures within the Redevelopment Area (s) 2 To promote a climate for reinvestment in revitalizing neighborhoods City of Apache Junction Commercial Rehabilitation Program Guidelines e 2 of 12 3. To further encourage both public and private investment within the Redevelopment Area (s). ELIGIBILITY CRITERIA To be eligible, the applicant and/or the property to be rehabilitated must meet the following criteria • Located within a Redevelopment Area approved and adopted by the City Council including the Crossroads Redevelopment Area and the Apache Trail Redevelopment Area. • Operating as a small business. For purposes of this program, small business is defined as privately owned corporations, partnerships, sole proprietorships or franchisee, with fewer than 500 employees • Renters must obtain the support and permission of the property owner and work in collaboration with the property owner to complete and submit a Commercial Rehabilitation funding application. Applications may only be submitted by the property owner. • The property/business must be owner operated for a minimum of one (1) year or rented where the business owner (renter) has operated a business from the structure for at least one (1) year prior to program entry. If a business is being relocated to Apache Junction; that business shall have been operating for a minimum of three (3) years prior to relocation. • Feasible for rehabilitation under the time and monetary constraints of this program • Applicants must provide proof of their monetary contribution to the program, if applicable. For the purposes of eligibility, self help or "sweat" equity is not allowable forms of equity. • Proof of current insurance on the building must be provided. • Property owner and business owner must be current on all local taxes and hold the applicable privilege tax license. • A.R.S. 1-501 and 1-502 requires that all applicants who receive services under the program shall provide proof of lawful presence in the United States including a sworn affidavit that the required documentation is true under penalty of perjury • Property owner is to complete any recent construction project underway prior to the City's approval of commercial rehabilitation assistance City of Apache Junction Commercial F ehabiliiation Program Guidelines pcge 3 of 12 • Buildings of historical value may only be eligible upon review and approval by the State Historic Preservation Office • The rehabilitation of buildings located in the 100-year floodplain is not eligible for participation in the rehabilitation program; however, if the floodplain covers only the parking lot or open space on the site, the building may receive assistance • Properties in lawful non-conforming zoning, properties with open unresolved building or code compliance cases and business/property owners unwilling to follow the City of Apache Junction Program Guidelines, are not eligible for services under this program. o Properties that are classified "lawful non-conforming" are not generally eligible for rehabilitation However, if the proposed rehabilitation is non-structural and there are no properties waiting to be rehabilitated, lawful nonconforming properties that meet all other eligibility criteria may be considered o Properties with an open building or code case are generally not eligible for rehabilitation. However if the case is relating to a correctable building condition that CRP funds can correct under the requirements of the program, then the unit will be deemed eligible. • Properties rehabilitated through this program must be free of any encumbrances such as liens or judgments. Properties may be encumbered by a mortgage in first position so long as a financial institution or other such mortgage/loan company holds that mortgage/loan, however, there must be sufficient equity remaining to justify placing a lien for the rehabilitation deferred payment loan in second position Properties encumbered by mortgages/loans held by individuals or partnerships are not eligible unless a warranty deed is recorded and a lien may be placed on the property Mortgage/loan payments and insurance premiums must all be current. The City cannot legally subordinate its liens. • Eligible activities include. 1 Labor & Materials for Building facade treatment improvements, 2 Labor & Materials for ADA improvements (exterior of building and restroom facilities), 3 Labor & Material for Replacement and/or upgrade of nonconforming signage; 4 Labor and Materials to address a code violation (e g heating, air conditions or sewer hookup with a documented code violation), and 5. Labor & Materials for Landscape/streetscape improvements • Ineligible activities include but are not limited to demolition and the purchase City of Apache Junction Commercial Rehabilitation Program Guidelines. page 4 of 12 of materials only SELECTION CRITERIA A notice of funding availability ("NOFA") will be made through the City's legal newspaper, within the two local papers and the City's website advertising the application submittal guidelines Applications will be accepted at a specified date and time, reviewed and scored They will be scored based upon the criteria identified in the NOFA by a City Manager appointed body. Applications submitted must be complete and will be reviewed only if the required documentation is submitted. The following will be taken into consideration when determining the priority of applications for inclusion in the project a) The degree to which the goals of the program are met, b) The degree to which the program will improve a blighted property, c) The degree to which the project complies with or is in alignment with the design guidelines of the specific overlay zone or City design guidelines; d) The degree to which the façade improvements will improve the aesthetics of the immediate surrounding area (i e., the streetscape, etc.); e) The degree to which the property owner and/or tenant will provide additional landscaping or site improvements to the property, f) The amount of leverage committed, g) The age and the physical condition of the building, and h) Value of unit after rehabilitation. The City of Apache Junction does require that the applicant contribute financially to the project in the form of cash called leverage. The applicants who provide more than the required leverage will be scored higher Leverage requirements are dependent upon the project type Project type Funding available Leverage requirement Exterior Rehabilitation $1,000 to $30,000 5% Signage $1,000 to $5,000 0% Building Code Issue $1,000 to $30,000 5% Landscaping Improvement $1,000 to $30,000 5% Each application will be processed by the appointed body and a response will be provided to the applicant within 60 business days of receipt of application If an application is rejected (based upon financial reasons and level of risk), the applicant may submit a written appeal. The appeal must be submitted to the Business Advocate within 10 days from date of receipt of the rejection notice City of Apache Junction Commercial kehabilitation Program Guidelines. ;;-:a 5 of 12 CONTRACT REQUIREMENTS The approval of the project for funding will be contingent upon a) A complete application; b) Verification of business and privilege licenses, tax payments, liens, and assessments; c) Verification of leverage commitment; d) Verification that the proposed project follows all local laws, ordinances, building codes, and design guidelines, e) A favorable score, and f) The availability of funding PROGRAM ASSISTANCE Funds for the program are primarily provided through the 1) Community Development Block Grant Program ("CDBG") and 2) State Special Project funding ("SSP") as administered by the Arizona Department of Housing ("ADOH"). Additional funding sources may be used as they become available. Commercial rehabilitation assistance to property owners within the Crossroads Redevelopment Area and the Apache Trail Redevelopment Area may be in the form of grants and deferred payment/forgivable loans The funding for each project is stipulated under each grant program from which the funding is expended The eligible funding and the maximum investment may change with each funding year However under no circumstance may the minimum investment be below $1,000 nor may the maximum investment exceed $30,000. Below is a guideline for program assistance based upon the project type Project type Funding available Assistance provided Exterior Rehabilitation $1,000 to $30,000 Deferred payment/forgivable loan Signage $1,000 to $5,000 Grant Building Code Issue $1,000 to $30,000 Deferred payment/forgivable loan Landscaping Improvement $1,000 to $30,000 Deferred payment/forgivable loan Grants are provided at no cost to the property or business owner Grants may not be less than $1,000 and may not exceed $5,000 Grants may be offered for the purpose of signage and may be granted to the same property owner multiple times City of Apache Junction Commercial Rehabilitation Program Guidelines, page 6 of 12 with a change of renter/business but may only be offered to a business owner once. Deferred payment forgivable loans secured by a promissory note and a deed of trust may not be less than $1,000 and may not exceed $30,000 per project. A percentage of the total assistance provided on forgivable loans will be forgiven on the anniversary date of the execution of the recording of the loan instruments throughout the recapture period, provided that the commercial building continues to be occupied by the same property owner or a renter There are no successor assignments allowed The unforgiven balance of the loan shall become due and payable upon the sale, exchange or transfer of property or if the property remains vacant for a maximum of nine (9) months during the recapture period. Unabated code violations will be cause for calling in the balance of the loan. After execution of the loan, subordination agreements with lending institutions will not be honored since such practice is lending of City credit in violation of State constitutional law Properties rehabilitated through this program must be free of any encumbrances such as liens or judgments Properties may be encumbered by a mortgage in first position so long as a financial institution or other such mortgage company holds that mortgage, however, there must be sufficient equity remaining to justify placing a lien for the rehabilitation deferred payment loan in second position. Properties encumbered by mortgages/loans held by individuals or partnerships are not eligible unless a warranty deed is recorded and a lien may be placed on the property. LOAN CLOSING AND LIEN RECORDING PROCEDURES The Program Coordinator will be responsible for recording the required paperwork as determined by the loan. The lien will be recorded at the Pinal County Assessor's Office. The Deed of Trust will be placed on a tracking system by the Program Coordinator who will track the forgivable loan calculating the amount of dollars that will be forgiven as each year passes until the loan has been completely forgiven as outlined in the funding section of these guidelines The City will be no lower than the first position on the lien of the property or second if a financial institution held first position prior to the City recording the loan documents. A provision shall be included by reference into the deed that all subsequent owners must maintain the facade and building Improvements in accordance with the City's Design Guidelines and accordingly correct any code violations that may occur This specific provision shall remain in full force and effect and shall be considered a permanent covenant of the property deed. The provisions of this paragraph shall supersede the term of the loan and shall not be extinguished by any other instrument used for the legal exchange of the property's ownership. RECAPTURE PERIOD When a recipient elects to receive assistance in the form of a deferred payment forgivable loan, the following recapture periods apply City of Apache Junction Commercial Rehabilitation Program Guidelines pepe 7 of 12 Amount of Funds Invested Per Unit Recapture Period $1,000 to $5,000 1 years $5,001 to $15,000 3 years $15,001 - $30,000 5 years When a recipient receives a deferred payment loan no further CRP investment can be made until after the recapture period has expired. There shall be no other prorating of the loan retirement schedule than as indicated above. LOAN SERVICING POLICY/SUBORDINATION Should a refinancing request be made by the property owner after the rehabilitation work has been completed and a lien has been placed on the structure and the request has been made prior to the end of the recapture period, the lien shall become due and payable to the City. Thus, should the refinance arrangement be a cash out, the City will require payment in full of the loan balance. The City will be no lower than first position on the lien of the property. As noted above, the City cannot subordinate the loan in any manner. REVOLVING LOAN FUND/PROGRAM INCOME The City of Apache Junction does not currently have a revolving loan fund. Therefore the City will be tracking all loans In the event that funds are returned to the City, these funds will then be immediately circulated into the CRP, if approved by ADOH and will be utilized prior to the use of any new grant funds These recaptured funds will be deposited into the Miscellaneous Grant Fund and will be tracked by the City's fiscal officer and City Manager ADOH reserves the right to recapture any funds returned to the City PROPERTY STANDARDS The property standards that must be achieved as a result of assisted rehabilitation are established by the most recently adopted Building Codes An inspection will be conducted by a City Building Inspector to assist the property owner with the details of the project scope and to identify any applicable code violations or health and safety concerns. Eligible activities include. 1. Exterior Rehabilitation This category can include, but is not solely limited to, building facades, masonry, adobe, brick re-pointing, awning improvements, lighting, entrance repair, restoration of architectural details, etc. Any façade renovations must be for the entire length and width of the façade City of Apache Junction Commercial Rehabilitation Program Guidelines page 8 of 12 2 Signage Improvements: Replacement or refurbishment of business signage to enhance physical appearance of commercial corridors and increase business marketing opportunities 3 Building Code Issues This category allows eligible establishments to address interior repairs if they are building code violations. 4. Landscaping: Rehabilitating landscaping adjacent to building to include trees, plants, turf and ground cover. Ineligible costs include 1 General maintenance 2. Roofs (unless they are building code violations) 3. Repairs covered by insurance, e.g., vandalism 4 Demolition 5 Interior Improvements (unless they are building code violations) 6 Purchase of materials only 7. Performance of work by applicant or applicant's own contractor (per H U D) 8. Pre-agreement costs 9. Funds shall not be used for business operations 10 Parking lot paving Services may be provided, at no cost to the applicant, by an architectural firm to assist with the overall design of the facade. This covered service is available upon request by contacting the Program Coordinator. The design review process is applicable to all projects that are awarded under the CRP This process is managed between the Development Services Department, property owner, and Program Coordinator. If the structure is 50 years or older all proposed work is to be submitted and reviewed by the State Historic Preservation Office ("SHPO"). No work shall begin on the structure until a review has been provided by SHPO. PROCUREMENT POLICY The application submitted shall include a detailed description of the work to be completed, a cost estimate and any applicable designs or architectural renderings. After the application has been received, the information verified and funding is available, the Program Coordinator and property owner will thoroughly discuss the work to be done. Once the project scope is approved by the property owner, the City will competitively procure, as allowable and appropriate under the law, a qualified contractor that meets all of the procurement requirements of the City of City of Apache Junction Commercial Rehabilitation Program Guidelines; page 9 of 12 Apache Junction and the program funder. The City shall obtain a minimum of two or more bids from licensed contractors to complete the project Contractors will be required to meet all City of Apache Junction and Arizona Department of Housing requirements to be eligible to be awarded a contract. The contractor must hold a current City Privilege and Business License; have a valid contractor license from the State of Arizona; and hold the applicable professional insurance. If a contractor has not been pre-screened and is the low bidder, they must be qualified before a contract will be awarded to them. Additionally, any contractor participating in the CRP must be verified as being eligible to receive federal funds Property owners will be instructed to select the lowest responsive and responsible bidder The property owner may opt to pay the price difference between the low bid and the selected contractor's bid price The contract will be between the property owner and the contractor The City will serve only as an administrator/financier to the contract The City wishes to encourage contractors to buy locally whenever possible. The City of Apache Junction encourages minority contractor participation in all projects to include Disadvantaged Business Enterprises e g Small Business Enterprises, Minority-owned Business Enterprises, and Women-owned Business Enterprises A pre-bid meeting will be scheduled prior to the acceptance of the bids to invite all potential contractors to the project site to review the project scope in order to offer an accurate quote The pre-bid meeting will also be utilized to answer questions and offer information to all contractors and the property owner All change orders to the bid specification require the earliest prompt signature of the owner and the City in order to become valid. No change orders will be approved or paid if the work was completed prior to signed approval by the City Change orders shall not exceed 10% of the total bid price unless the additional work was requested by the City The City will monitor all rehabilitation during construction If progress payments are called for in the contract, the property owner and the City will make an inspection of the work outlined in the work write-up scheduled for completion before a progress payment will be made The Program Coordinator or his/her designee's signature will be required to execute any payments. In the event of any dispute between the owner and the contractor concerning the completion of rehabilitation, the City will work with both parties to negotiate a satisfactory solution If a solution cannot be negotiated, the Business Advocate or his/her designee will be the final authority regarding when the job has been satisfactorily completed. City of Apache Junction Commercial l ehabilriafion Program Guidelines, {;eae 10 of 12 No payments shall be made to the contractors without written approval from the City and the property owner, with the exception of disputed discrepancies which may be resolved and paid with the signature of the Business Advocate LABOR STANDARD REQUIREMENTS All work completed by the contract shall fall under the U S Department of Labor's Davis Bacon Act. MARKETING The CRP will be advertised when funding is available. The marketing will be in the form of a NOFA and will be advertised in the City's legal newspaper, the two local papers and the City's website calling for participation The City will make every effort to accommodate persons with disabilities and non- English speaking persons STAFF STRUCTURE All administrative and supervisory work will be done by City Staff The City Manager appointed body will review and score all application and make recommendation for contract award The Program Coordinator will be responsible for the following project management, procurement; change order approvals; payment and final inspection. The Program Coordinator can be reached at 300 East Superstition, Apache Junction, Arizona 85119 The Program Coordinator can also be contacted at (480) 474-5090 or TDD (480) 983-0095 REPORTING PROCEDURES Reporting for this program will follow the required reporting procedures of the funding source CONFLICTS OF INTEREST 1) Any person who is an employee, agent, consultant, officer, or elected or appointed official of the City may not obtain a personal or financial interest or benefit from this activity, nor may they have an interest whatsoever, however remote, in a contract, subcontract or proceeds either for themselves, their family or business ties during their tenure, or for one year thereafter 2) No contract will be awarded to a contractor who is related, or whose employee is related to the applicant by blood or marriage City of Apache Junction Commercial kehabilriahon Program Guidelines. ae 11 of 12 COMPLAINT AND GRIEVANCE PROCEDURE Applicants, program participants, or prospective contractors may initiate a complaint by submitting concerns in writing to the City of Apache Junction Business Advocate, or his/her designee, at 300 East Superstition Boulevard, Apache Junction, Arizona 85119 The Business Advocate, or his/her designee, is responsible for receiving, reviewing, and responding to all complaints including prequalification of applicant or contractor qualification. The City shall issue a written response to any complaint within ten (10) working days of receipt If unsatisfactory to the complainant, a written appeal of the City's response shall be filed within ten (10) working days of receipt of the City's response Appeals shall be made to the City Manager, by sending such appeal to 300 East Superstition Boulevard, Apache Junction, Arizona, 85119 Attn: City Manager. The City Manager shall be the final administrative decision maker. Further judicial appeals shall be in accordance with A R S Title 12, 12-901 Assistance from the City in preparing a grievance is available at no charge if needed due to either a disability or language limitation Assistance will be provided at (480) 474-5090 TDD (480) 983-0095, FAX (480) 474-5102 or 300 East Superstition Boulevard, Apache Junction, Arizona 85119 NON DISCRIMINATION The City of Apache Junction, or any of its sub recipients, do not discriminate in any activity on the basis of race, color, religion, sex, disability, familial status, or national origin. CHANGES TO PROGRAM GUIDELINES The CRP Guidelines are generally adopted with revisions annually, however should an emergency change within the CRP Guidelines as adopted by the City Council be required throughout the program year, the Mayor shall submit a letter in writing to the Arizona Department of Housing ten (10) business days prior to the effective date. FORMS Notice of Funding Availability Construction Contract Application Work Write Up Deed of Trust Review Criteria Rating Form Promissory Note Certification of Work Completed Loan Agreement Lien Waiver City of Apache Junction Commercial Rehabilitation Program Guidelines, page 12 of 12 o City of Apache Juncaon Home of the Superstition Mountains MI Print TO: City Manager's Office FROM: Heather Patel, Program Coordinator DATE: January 15, 2013 .genda Type • Regular Agenda Council Priority Focus Area• Community Development TITLE OF AGENDA ITEM: Consideration of approval of Resolution No 12-39, adopting Housing Rehabilitation Program Guidelines ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION. Resolution No 12-39 approves the modifications and adopts the City's Housing Rehabilitation Program Guidelines The modifications have been updated to reflect changes required by the Arizona Department of Housing and how the city's program has developed over the years. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Statutory Requirement "'"`ECOMMENDATION: Staff respectfully recommends that the City Council approve Resolution No. 12-39. ATTACHMENTS: Click to download L] Staff Report 0 Resolution No.12-39 0 Guidelines „, pPAGHE✓ 2 ti City of Apache Junction QR! oNP Development Services Department MEMORANDUM DATE: January 3, 2013 n TO: The Honorable Mayor and City Council THROUGH. George Hoffman, City Manager Brad Steinke,Development Services Director Roger Hacker, Revenue Resources Manager FROM- Heather Patel, Program Coordinator SUBJECT. Consideration of Proposed Resolution No 12-39, adopting Housing Rehabilitation Guidelines. REOUEST Staff respectfully requests that the City Council approve Resolution No. 12-39, adopting Housing Rehabilitation Guidelines The resolutions are a mandatory component of the City's Housing Rehabilitation Program. BACKGROUND Since 1985,the City of Apache Junction has utilized a variety of funding sources to offer a Housing Rehabilitation Program ("HRP”)for local homeowners. The City began using State Housing Funds ("SHF") in 1996 Since 1985,the City has invested ovr$3.3 million in grant e funds to address housing rehabilitation needs for over 200 owner occupied homeowners. DISCUSSION The Arizona Department of Housing("ADOH"),the primary funder of the City's HRP, requires that Housing Rehabilitation Guidelines be regularly reviewed,modified and adopted to address the needs of the program. Resolution No. 12-39 approves the modifications and adopts the City's Housing Rehabilitation Guidelines The modifications have been updated to reflect changes required by the Arizona Department of Housing and how the City's program has developed over the years. Below is a brief description of those proposed changes, excluding minor grammatical and clarification changes The changes may be found highlighted in red within the guidelines. Oft 1) Revised language which allows properties encumbered by mortgages/loans held by individuals or partnerships to receive benefits so long as a warranty deed is recorded and a lien may be placed on the property 2) Incorporation of an eligibility diagram 3) Incorporation of new rehabilitation standards as provided by the ADOH. 4) Incorporation of a program diagram 5) Clearly identified homeowner and contractor information which outlines the details of the program. This information is far more detailed than previous guidelines and will take place of supplemental documentation that was provided to the homeowners and contractors This revision will ensure cohesive information is being shared with all participants 6) Incorporation of new energy efficiency requirements as provided by ADOH. 7) A conflict of interest clause which precludes any contractor from receiving any benefit from the program if any member of the firm is related to the homeowner The proposed revised guidelines and Resolution No 12-39 was presented to the City Council on December 17,2012 RECOMMENDATION Staff respectfully recommends that the City Council approve Resolution No 12-39 ACTIONS REQUIRED Approval of Resolution No 12-39 and the Housing Rehabilitation Program Guidelines O'\ Attachment 1 Resolution No 12-39 Attachment 2 Housing Rehabilitation Guidelines 2 RESOLUTION NO. 12-39 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE ADOPTION OF OWNER OCCUPIED HOUSING REHABILITATION GUIDELINES DATED FEBRUARY 1, 1994, AS AMENDED, IN RELATION TO A HOUSING REHABILITATION ACTIVITY. WHEREAS, the City of Apache Junction, Arizona, is desirous of undertaking an owner-occupied housing rehabilitation program; and WHEREAS, this program is anticipated to be funded with funds provided by the State of Arizona Department of Housing ("ADOH") ; and WHEREAS, ADOH requires that every local government requesting funds for housing rehabilitation adopt specific guidelines for such a program; and WHEREAS, the City of Apache Junction has developed such owner-occupied Housing Rehabilitation Guidelines ("HRGs") dated February 1994, as amended, which have been previously approved by ADOH. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: 1) The City Council of the City of Apache Junction, Arizona, hereby adopts such owner-occupied HRGs, dated February 1994, as amended in Attachment A, ,•. which shall be used to implement its housing rehabilitation program; and 2) The City of Apache Junction, Arizona, shall utilize such owner-occupied HRGs, without revisions, except those authorized by the Mayor. Such revisions shall be submitted to ADOH by the City 10 working days before such amended guidelines are effectuated. RESOLUTION NO. 12-39 PAGE 1 OF 2 p ilibk PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013. SIGNED AND ATTESTED TO THIS DAY OF , 2013. Ask, JOHN S. INSALACO Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J. STERN City Attorney RESOLUTION NO. 12-39 PAGE 2 OF 2 f►Q.CHE CITY OF APACHE JUNCTION, ARIZONA HOUSING REHABILITATION PROGRAM GUIDELINES As Adopted by the City Council on February 1, 1994 Modified by the City Council on January 17, 1995 Addendum by the City Council on March 21, 1995 Modified by the City Council on June 20, 1995 Modified by the City Council on March 7, 2000 Modified by the City Council on May 15, 2001 Modified by the City Council on February 5, 2002 Modified by the City Council on January 16, 2007 Modified by the City Council on June 5, 2007 Modified by the City Council on November 18,2008 Modified by the City Council on December 15, 2009 Modified by the City Council on December 6, 2011 Modified by the City Council on January 15, 2013 The City Council of the City of Apache Junction adopts the following Housing Rehabilitation Guidelines to assist the City in administering the City's Housing Rehabilitation Program This program is intended to provide safe and decent housing to City of Apache Junction residents by offering funding options to assist homeowners with the rehabilitation or modification of their home. PROGRAM PURPOSE (GOALS) 1 Eliminate health and safety hazards in homes, 2. Benefit very low-, low- and moderate-income residents; and 3. Improve neighborhoods and encourage stability. City of Apache Junction Housing Rehabilitation Program Guidelines, page 1 of 27 TABLE OF CONTENTS Program Purpose and Goals 1 Program Design 3 Target Area 3 Eligibility Requirements 3 Property Standards 6 Allowable Work Items 6 Non-allowable Work Items 8 Rehabilitation Assistance Plans 8 Emergency Housing Repair 8 Housing Accessibility 8 Housing Rehabilitation 8 Replacement 9 Permit Fee Fund 9 Deferred Payment/Forgivable Loans 10 Exceptions to the Maximum Allowed 11 Recapture Period 11 Loan Servicing Policy/Subordination 11 Revolving Loan Fund/Program Income 12 Third Party Income Verification 12 Method for Determining After Rehab Value 13 Homeowner Information 13 Contractor Information 16 Housing Maintenance and Homeowner Education 22 Energy Efficiency Guidelines 22 Lead Based Paint Requirements 23 Conflict of Interest 23 Complaint and Grievance Procedures 24 Marketing 24 Staffing and Administrative Review 25 Non-Discrimination 26 Assistance to Applicants 26 Fair Labor Standards 26 Applicable Documents 26 Changes to Program Guidelines 27 Forms 27 City of Apache Junction Housing Rehabilitation Program Guidelines. page 2 of 27 PROGRAM DESIGN The focus of the Housing Rehabilitation Program (hereinafter "HRP") is to increase the life and improve the livability of homes owned by very low-, low- and moderate- income families, by correcting code violations and addressing accumulated deferred home maintenance projects Funds for the program are primarily provided through the 1) Community Development Block Grant Program ("CDBG") and 2) State Housing Fund ("SHF") including HOME and State Housing Trust Funds as administered by the Arizona Department of Housing ("ADOH") Owner-occupied housing rehabilitation ("OOHR") assistance to homeowners in the SHF funded portion of the City's HRP may be in the form of deferred payment/forgivable loans. OOHR assistance to homeowners in the CDBG funded portion of the City's HRP may be in the form of grants or deferred payment/forgivable loans. Unless specifically stated to the contrary, comments contained in these guidelines are applicable to both the CDBG and SHF funded portions of the City's HRP. TARGET AREA The program will be open to all full-time permanent residents who live within the incorporated boundaries of the City of Apache Junction, excluding those who live in designated ineligible areas or structures as outlined in the eligibility requirements below CDBG funds may only be used in the Pinal County portion of the City ELIGIBILITY REQUIREMENTS To be eligible, the applicant and/or the property to be rehabilitated must meet the following criteria • Located within the incorporated boundaries of the City of Apache Junction • Feasible for rehabilitation under the time and monetary constraints of the program. • Owned and occupied by a full-time permanent resident • Applicants must have a verifiable income that falls below 80% of the area median income as indicated by The US Department of Housing and Urban Development and the State of Arizona — State Housing Fund Program income limits for very low-, low- and moderate-income families Income guidelines are updated annually. Income verification is valid for a period of City of Apache Junction Housing Rehabilitation Program Guidelines, 3 of 27 six (6) months Upon expiration of income verification information, applicants must complete and submit new income verification documentation Income must be anticipated and verifiable for the next 12 months. Required documentation of income can be found under Third Party Income Verification within this document • For all programs, specifically the SHF Program, the property owner cannot have assets that total more than $25,000 (e g. cash, stocks, bonds, money market accounts, IRA, etc.) This is exclusive of the home they live in, two vehicles, and personal property necessary for daily living • Provide proof of homeowner's insurance. • For the purposes of eligibility, self help or "sweat" equity are not allowable forms of equity. • The current owner must have occupied the structure for at least one (1) year prior to program entry • Households applying for funding must meet one of the following criteria 1) be elderly (62 years of age or older); 2) have a disability (a legally recognized physical/mental/emotional condition that limits the performance of daily living skills), or 3) have minor child (ren) age 17 and under related to head of household residing in the residence. • A R S 1-501 and 1-502 requires that all homeowners who receive services under the program shall provide proof of lawful presence in the United States including a sworn affidavit that the required documentation is true under penalty of perjury. • Owner is to complete any recent construction project underway prior to the City's approval of rehabilitation assistance. • Manufactured and mobile homes are deemed eligible contingent upon 1) applicant (s) having owned and occupied both property and dwelling for one (1) year prior to program entry; and 2) the home being permanently attached to a foundation, either as a pre-existing condition or as a work element of the Rehabilitation Program. • Properties in non-conforming zoning, properties located within 1,000 feet of an explosive/flammable operation, properties with open, unresolved building or code compliance cases and homeowners unwilling to follow the City of Apache Junction Program Guidelines, are not generally eligible for rehabilitation under this program • Homes of historical value may only be eligible upon favorable review by the City of Apache Junction Housing Rehabilitation Program Guidelines, page 4 of 27 State Historic Preservation Office • Manufactured homes that were built before June 1976 are not eligible to receive housing rehabilitation funding, however they would be eligible for emergency and housing accessibility assistance. • The rehabilitation of dwellings that are located in the 100-year floodplain are not eligible for participation in the rehabilitation program. • Properties that are classified "non-conforming" are not generally eligible for rehabilitation However, if the proposed rehabilitation is non-structural and there are no properties waiting to be rehabilitated, nonconforming properties that meet all other eligibility criteria may be considered • Properties with an open building or code case are generally not eligible for rehabilitation. However if the case is relating to a correctable building condition that HRP funds can correct under the requirements of the program, then the unit will be deemed eligible. • Properties rehabilitated through this program must be free of any encumbrances such as liens or judgments. Properties may be encumbered by a mortgage in first position so long as a financial institution or other such mortgage company holds that mortgage; however, there must be sufficient equity remaining to justify placing a lien for the rehabilitation deferred payment loan in second position Properties encumbered by mortgages/loans held by individuals or partnerships are not eligible unless a warranty deed is recorded and a lien may be placed on the property Mortgage payments and insurance premiums must all be current. Is there Is the home someone who located within is over the age Are ySou the city limits of 62,under the a U of Apache age of 18,or Citizen? Junction? disabled living in the home? Are you low Are you a income and Click here to view full time Do you have willing to homeowner provide the income limits for permanent s Insurance? resident? documentatio program eligibility. n of income? If you have 'ave yo s t e answered yes to Do you owned and home all of the own your lived in located questions, home ` your home outside of CONGRATULATI and land? for one a ONS,YOU MAY ear? -•d.1.•• QUALIFY! City of Apache Junction Housing Rehabilitation Program Guidelines page 5 of 27 PROPERTY STANDARDS The property standards that must be achieved as a result of assisted rehabilitation are established by the City's Building Codes, the Federal Housing Quality Standards, Arizona Department of Housing's Housing Rehabilitation Standards, the Owner Occupied Housing Rehabilitation Weatherization Standards, and the City of Apache Junction Housing Rehabilitation Program Construction Guidelines. The City's Energy Efficiency requirements incorporate the following standards: BPI/BA Standards, IECC 2009, ASHRAE 62 2-2010, Energy Star, and Standardized Work Specification ALLOWABLE WORK ITEMS HOME guidelines require that an entire dwelling be brought up to local code; such improvements are eligible under this program A preliminary property inspection is completed to assist with ensuring homes meet Housing Quality Standards ("HQS") and are safe, sanitary and decent. Priorities have been established for determining the work that will be completed in the eligible homes The following must also be taken into consideration when determining the priority of items for inclusion in the work-write up (Scope of Work): a) The age and the physical condition of the building, b) The goal of the program (building revitalization or direct benefit); c) Funds available for rehabilitation of each unit; and d) Value of unit after rehabilitation. The following levels are utilized to determine priorities for the HRP • Level 1 Initial inspection reports must include those items that are included in Level 1. • Level 2: Items included on Level 2 are also considered critical but not as critical as those items in Level 1 Other items are considered less critical and should always be inspected but may not be rehabilitated • Level 3: The items on List 3 should be reviewed, and where feasible, corrected. These items must also be included whenever substantial rehabilitation is taking place • Items from all levels must be included in the preliminary inspection report for all construction projects and those where the cost of rehabilitation exceeds 75% of the value of the property City of Apache Junction Housing Hehabilitation Program Guidelines, o;oe 6 of 27 Level 1 - Items that must be included in the inspection report and must be repaired or replaced: 1 Lead Based Paint Assessment (only on properties built prior to 1978) 2. Hazardous Materials 3. Health and Safety Hazards 4 Stable and Weather Tight Roof 5 Electrical System — the unit must have a minimum 100-amp electrical service, with no unsafe conditions 6 Plumbing (including hot water) — Must be in good working order and be safe and sanitary 7. Heating and Cooling Systems — must be adequate and safe with a reasonable (three year) useful life 8 Egress in accordance with local health and safety codes 9 Trip Hazard (HQS Standard) Level 2 - Items that must be included in the inspection report and should be repaired or replaced: 1 Structural soundness and integrity (including rotted or deteriorating materials and those impacted by termites and/or other wood-boring insects). 2. Siting of the structure and its relationship to water penetration that may impact structural integrity 3. Appropriate kitchen facilities including a sink and means of cooling and heating food to healthful standards. 4 If the structure has an attached garage, appropriately-rated fire wall between garage and living areas. The above mentioned items are first priority items that shall be included in every inspection report These items shall also be included in the Work Write-Ups (funds permitting) and shall receive priority in work to be completed as part of the rehabilitation project. Repair or replacement may take place based on the amount of available resources. Level 3 - Items that must be included in the inspection report and may be repaired or replaced 1. Debris that may be a fire hazard 2. All existing exposed surfaces painted or sealed and not presenting a health or safety hazard. 3. Cabinetry 4. Finished flooring 5 Repair and replacement of doors and windows not presenting a health or safety hazard. City of Apache Junction Housing Hehabdrtalion Program Guidelines 7 of 27 The above mentioned items shall be included in every inspection report and may be included in the Work Write-Up (funds permitting). These items generally result from deferred maintenance and are considered general improvements The City wishes to encourage contractors to buy locally whenever possible. NON ALLOWABLE WORK ITEMS None of the program funds shall be used for temporary/long term relocation of applicants during periods of home rehabilitation/repair. REHABILITATION ASSISTANCE PLANS 1. EMERGENCY HOUSING REPAIR PLAN A grant plan that assists homeowners in the elimination of an imminent threat to life, safety or health; the necessary repairs may include, but shall not be limited to roofs, floor repairs, window/door replacements, and wall and ceiling repairs The minimum assistance is $1,000 and the maximum assistance is $15,000 per recipient. The grant may address no more than two (2) emergency conditions, unless approved by the Development Services Director, or his/her designee, due to some extenuating circumstances. A structure may be eligible for an Emergency Grant even though it may not meet structural integrity requirements. After a recipient has received services through the Emergency Housing Repair program they may not be eligible to receive additional services until five years after the completion of the project unless the emergency services enable the homeowner to remain in their home until the home can be rehabilitated under the City's Housing Rehabilitation Plan or replaced under the City's Replacement Plan Additionally, no single owner of a home may receive more than two emergency assistance grants 2 HOUSING ACCESSIBLITY PLAN A grant or deferred payment/forgivable loan plan that assists homeowners to make residences physically accessible Assistance can be either structural changes or purchase of durable medical equipment (if it becomes a permanent part of structure) and may include ramps, grab bars, handrails, raised toilets, lowered light switches, automatic door openers, visual alarms, transfer shower benches, and hand held showers. Grants are limited to $ 2,500 per recipient. This program is offered through the City's partnership with Community Action Human Resources Agency (CAHRA) or may be a component of another rehabilitation plan 3. HOUSING REHABILITATION PLAN A grant or deferred payment/forgivable loan plan that assists homeowners to address safe, sanitary, and decent housing rehabilitation issues Rehabilitation projects may either be major or minor. Grants and deferred payment/forgivable City of Apacne Junction Housing Rehabilitation Program Guidelines. page 8 of 27 loans are limited to a minimum of $1,000 and a maximum as required by the grant from which the funds will be expended, this amount may change each funding year. Mobile/manufactured homes and conventional, site-built homes have different maximum investments HOME funds can not be utilized in the form of a grant. In the HOME Program, weatherization, emergency repairs, or accessibility projects may be undertaken only if the property is brought up to the State's rehabilitation standards upon completion When a recipient receives a deferred payment/forgivable loan, no further investment of CDBG or HOME funds can be made on the home until after the recapture period has expired However, should the recipient receive any housing rehabilitation services in the form of a grant, they may not be eligible to receive additional services until five years after the completion of the project. 4. REPLACEMENT PLAN A grant/deferred payment/forgivable loan plan that assists homeowners with the replacement of unsafe, hazardous living conditions by providing a new manufactured or site-built home. This plan provides a maximum investment as stipulated within each grant from which the funds will be expended This amount may change each funding year and is intended for the construction of a new home or for the replacement of a manufactured home HOME funds can not be utilized in the form of a grant When a recipient receives assistance through HOME funds, no further investment of CDBG or HOME funds can be made on the home until after the recapture period has expired. 5. PERMIT FEE FUND In 2003, the City of Apache Junction created a revenue fund (004-04420-422-225) in order to track and collect permit fees that have been paid for by contractors that are participating in the City's Housing Rehabilitation Program The fees that were collected were to be used to supplement and support the activities of the City's Housing Rehabilitation Program. These fees are collected in accordance with the City of Apache Junction City Code, Volume I, Chapter 7, Article 4-4 Sections A through I All relevant fees shall be due payable by the contractor prior to the start of construction on any City of Apache Junction housing rehabilitation project. These fees will be tracked by the Housing Rehabilitation Program Coordinator ("HRPC") and reported to the Finance Director for deposit into the appropriate revenue account This account will be tracked to ensure accurate balance and expenditures. Eligible expenses to be withdrawn from this account shall be minor repair items that are eligible under the City of Apache Junction's Housing Rehabilitation Program and the adopted Housing Rehabilitation Guidelines. Recipients of these funds, however, must be homeowners that are not eligible under the same guidelines or available funding programs. These repairs must be determined an emergency by the City of Apache Junction Housing Rehabilitation Program Guidelines, ; an, 9 of 27 Program Coordinator. Further, the Coordinator must have found that there is no other funding or community assistance can be located for the homeowner. Eligible homeowners must be either elderly (over the age of 62), disabled, or have children under the age of 18 occupying the home and the total household income must not exceed 80% of the area median income. When an expense is determined to be eligible to be charged to this account, the Coordinator will submit a check request along with an invoice for payment to the finance department The maximum amount payable toward any project shall be $1,000 unless otherwise approved by the Development Services Director Emergency Housing Replacement Rehabilitation Rehabilitation A Replacement may be provided to Eligible Homes Eligible Homes homeowners when the cost to 1)Single family homes,manufactured 1)Single family; rehabiltate their home exceeds the homes,condos,and townhomes, maximum investment allowable 2)Post-1976 manufactured homes 2)Pre-1976 manufactured homes; affixed to a foundation; Replacement homes will be site built 3)Manufactured homes affixed to a 3)Condos and town homes; foundation; 4)Homes without embumbrances homes,where zoning allows for such e.g. construction 4)Homes with encumbrances e.g. reverse mortgage and liens,excluding a reverse mortgage and liens excluding a first mortgage. first mortgage. Manufactured homes maybe used as a replacement in areas where zoning does Eligible items not allow for site built homes Eligible Items 1)Complete rehabilitation of home; 1)Acessibility improvements; 2)Address all code,health and safety A lien is placed on the home for the 2)Health and safety improvements; items; extent of the recapture period which is 3)Limited to two improvements per 3)Incorporate energy efficiency based upon the total investment grant. improvements; amount. 4)Accessibility items. Assistance Provided Grant not to exceed$15,000 Assistance Provided Limit assistance to two times per home Deferred Payment Forgivable Loan Single family home maximum investment$60,000 Manufactured home maximum investment$20,000 No additional assistance during recapture period A lien is placed on the home for the extent of the recapture period which is based upon the total investment amount. DEFERRED PAYMENT/FORGIVABLE LOANS All deferred payment forgivable loans are secured by a lien and promissory note A percentage of the total assistance provided on forgivable loans will be forgiven on the anniversary date of the execution of the recording of the loan instruments throughout the recapture period, provided that the dwelling unit continues to be occupied by the original occupant or an income qualified immediate family member. The unforgiven balance of the loan shall become due and payable upon the sale of City of Apache Junction Housing Rehabilitation Program Guidelines, a- e 10 of 27 the property Properties encumbered by mortgages/loans held by individuals or partnerships are not eligible unless a warranty deed is recorded and a lien may be placed on the property HOME funds cannot be used in the form of a grant The HRPC will be responsible for recording the required paperwork as determined by the loan. The lien will be recorded at the Pinal County Assessor's Office and will include applicable administrative costs and a contingency of 10% above the Contractor's Bid The Deed of Trust will be placed on a tracking system by the HRPC who will track the loan calculating the amount of dollars that will be forgiven as each year passes until the loan has been completely forgiven as outlined in the HRGs. The City will send a letter to the homeowner annually advising the homeowner of the status of their loan, identifying the amount forgiven and the amount that remains on the loan. The City will be no lower than the first position on the lien of the home or second if a financial institution held first position prior to the City recording the loan documents A letter to the homeowner shall provide a reminder that the City cannot subordinate the loan. EXCEPTIONS TO THE MAXIMUM ALLOWED The Maximum investment for each project is stipulated under each grant program from which the funding is expended. This maximum may change with each funding year. However under no circumstance may the maximum per unit investment exceed that which is determined by the geographic area 221 (d) 3 per unit limits based on the number of bedrooms nor can the after rehabilitation value exceed 95% of the FHA 203 (b) Insuring limits for single family properties RECAPTURE PERIOD •Investment of$1,000- 5 Years $15,000 When a recipient elects to receive assistance in the form of a deferred or forgivable loan, a •Investment of$15,000 recapture period applies The recaptured 1oYears -$40,000 period is based on the amount of funds invested in the assisted unit. Recipients may elect to have •Investment of$40,001 a recapture period that is longer than the required 15 Years -$75,000 period When a recipient receives a deferred payment/forgivable loan, no further investment t •Investment of$75,001 of CDBG or HOME funds can be made on the home 30 and over until after the recapture period has expired LOAN SERVICING POLICY/SUBORDINATION After execution of the loan, subordination agreements with lending institutions will not be honored since such practice is lending of City credit in violation of State constitutional law Properties rehabilitated through this program must be free of any encumbrances such as liens or judgments. Properties may be encumbered by a mortgage in first position so long as a financial institution or other such mortgage City of Apache Junction Housing Rehabilitation Program Guidelines, : e 11 of 27 company holds that mortgage, however, there must be sufficient equity remaining to justify placing a lien for the rehabilitation deferred payment loan in second position. Should a refinancing request be made by the homeowner after the rehabilitation work has been completed and a lien has been placed on the structure and the request has been made prior to the end of the recapture period, the lien shall become due and payable upon refinancing to the City. Thus, should the refinance be cash out, the City will require payment in full of the lien. The City will be no lower than first position on the lien of the home. As noted above, the City cannot subordinate the loan in any manner REVOLVING LOAN FUND/PROGRAM INCOME The City of Apache Junction does not currently have a revolving loan fund Therefore the City will be tracking all loans. In the event that a house that has received services is sold prior to the end of the recapture period, the City will enforce the repayment of the loan in the amount that remains unforgiven These funds will then be immediately circulated into the Housing Rehabilitation Program and will be utilized prior to the use of any new grant funds However when utilizing HOME funds, any recaptured or repaid funds will be returned to the Arizona Department of Housing as retention of HOME funds is not allowed by the Arizona Department of Housing THIRD PARTY INCOME VERIFICATION Upon receipt of the application, the HRPC will verify eligibility based upon the homeowners income. The definition of income is taken from 24 CFR Part 5. Gross Income will be used to calculate income for all members of the household over the 'age of 18 Income must be anticipated and verifiable for the next 12 months. Typical required documents to verify income will include, but are not limited to. 1 Bank Statements including checking and savings accounts, 2 Paycheck stubs including tips, commission and bonuses, and overtime, 3. Earned Interest and Assets: This amount is calculated into the income if over $5,000. Eligible assets include but are not limited to Value of Stock, Life Insurance, 401K, interest, CD's, Real Estate, Personal property not including home; 4 Social Security; 5 Welfare Assistance; 6. Alimony and Child Support, 7. Minors Income specifically disability payments, 8 If self employed, must include the past three (3) years income tax returns for net income; 9. Excluded items include earned income from minors (under age 18), full-time student income (ages 18-23), disabled persons' income, and food stamps City of Apache Junction Housing Kehabrlrfation Program Guidelines page 12 of 27 Median Income Guidelines HUD updates the Median Income Guidelines on an annual basis. The most current information can be found on the US Department of Housing and Urban Development website. Income Calculator http //www hud qov/offices/cpd/affordablehousing/training/web/calculator/calculator cfm METHOD FOR DETERMINING AFTER REHABILITATION VALUE The FHA 203 (b) insuring limits is utilized when determining the after rehabilitation value This value cannot exceed 95% of the provided limit and is determined by adding the full cash value and the cost of the rehabilitation. HOMEOWNER INFORMATION Applications are available by mail, in the Development Services office, or obtained from the City's website at www.alcity.net/rehab by the applicant. Eligible applicants will be prioritized on a first come, first served basis, unless the nature of the project constitutes an eminent threat to health or safety, as determined by the Building Inspector. STEP 1: Waiting List Once an application is approved and the homeowner is determined to be eligible to participate in the City's HRP, they will be placed on a waiting list Homeowner's will be served based on two factors 1 A First Come - First Serve Basis 2 Based upon the funding availability of the program with which they are eligible. The City has several housing programs. Based on their eligibility they may not qualify for all programs Applicants can remain on the waiting list for up to 18 months before receiving assistance. The financial information provided with the application is valid for 6 months Therefore homeowner's may be required to re-submit financial information to re-certify that they are eligible to participate in the program. A typical timeline for services may be: Application is submitted Review of application (eligibility determination) 2 months Placed on waiting list up to 1 year Schedule initial meeting to discuss the program 2 months City of Apache Junction Housing Rehabilitation Program Guidelines, l-,&-ae 13 of 27 Schedule home inspection 2 months Determine work write up 2 months Procure contractor 4 months Signed documents/contracts 2 months Construction 3 months Final inspection 1 month STEP 2: Interview When the time has come to receive the benefits of the program an appointment will be scheduled to make a home visit to discuss the details of the program and sign an Agreement. All homeowners must be present. There are two basic programs in which homeowner's may be eligible It will be determined which program would best suit their needs once an inspection of the home is completed and a cost estimate is determined. Following are the two programs 1 Emergency Rehabilitation This program will address two emergency needs within the home This program is provided in the form of a grant Once a homeowner receives this service, they may not be eligible for additional assistance for five years. 2. Housing Rehabilitation: This program will address all the necessary needs within the home under the requirements of the program. Health and safety issues and code compliance will be addressed. This program is provided in the form of a deferred payment loan which will place a lien on the property A deferred payment loan means that over a given period of time, the loan will be forgiven so long as the homeowner remains in the home as their only and primary residence Once they receive this service, they may not be eligible for additional assistance until the loan has been forgiven. This recapture period is dependent upon the amount of funds invested into the home. STEP 3: Home Inspection The City will complete an inspection on the home. This inspection will help to determine what items will need to be completed on the home Below is information to help determine what items are eligible under the requirements of the program. We would like to: Eliminate unsafe and hazardous conditions Improve living conditions and extend the life of the home Make the home accessible for family members with special needs Bring the home to minimum safe property standards and local codes Improve property values in the neighborhood City of Apache Junction Housing Rehabilitation Program Guidelines. 14 of 27 Areas we can provide help include: The program will NOT: Electrical Accessibility Change of colors or styles Plumbing Insulation Cover routine maintenance Heating/Cooling Foundation Make the home look like new Roofing Bath facilities Walls Kitchen facilities Painting Hot water Windows/Doors Smoke alarms STEP 4: Work Write-up and Bid Process After the inspection is completed a work write-up and cost estimates are determined to assist with the procurement of a contractor The homeowner must approve the project scope prior to procuring a contractor The City Council has approved guidelines for the HRP and has indicated that when completing the work write-up, the following must be taken into consideration when determining the priority items for inclusion in the work write-up: a) The age and the physical condition of the building, b) The goal of the program (building revitalization or direct benefit), c) Funds available for rehabilitation of each unit, and d) Value of unit after rehabilitation. It is required that all projects competitively procure a licensed contractor to complete the work on the home. The City will assist the homeowner in this process. The following is the process that will take place when procuring a contractor. A notice will be placed on the City's website and in the newspaper advertising a mandatory "pre-bid" meeting to be held at the home Contractors will arrive on that day along with the Program Coordinator and will walk through the home and the work write up will be discussed. Each contractor will be required to submit a bid to the City of Apache Junction's Office of the City Clerk on the date and time specified in the advertisement The contractor is not allowed to discuss any compensation with the homeowner. If the contractor has any questions regarding the project and/or the bidding procedures they must contact the HRPC. Once the bids have been received, the City will review the information and determine if the contractors are eligible to participate in the program. There are requirements that each contractor must have in order to be eligible The City of Apache Junction is not the contractor, does not recommend contractors, does not choose the contractor and cannot guarantee that the homeowner will be completely satisfied with the work completed The HRP will however work closely with the homeowner to help solve any problems and will help ensure that the work City of Apache Junction Housing Rehabilitation Program Guidelines, page 15 of 27 completed is functional, meets applicable codes and regulations, and is of quality The HRP does however suggest that the lowest most responsive bidder be the contractor that is awarded the project. Therefore the homeowner will be notified as to which contractor that is However the homeowner will be signing the contract with the contractor and as such may select the contractor to complete the work on their home It should be noted that if the selected contractor is not the lowest bidder, the homeowner will be required to pay the difference of the bid amounts Once a contractor is selected all homeowners and the contractor will be asked to come to City Hall and sign the required contract documents A notice to proceed will be issued after the documents have been executed. No work can begin until this has taken place. STEP 5 Construction The contractor will be issued the notice to proceed and given a time frame to complete the construction on the home The homeowner is not authorized to make changes to the project scope of work. All requests for changes must come through the City's HRPC STEP 6: Final Inspection The City will not release payment to the contractor until a final inspection has been completed on the home and the homeowner and City have signed off on the work completed All concerns should be discussed during this final walk through with the contractor Although there is a warranty on their workmanship, it is important to discuss any concerns as soon as possible. CONTRACTOR INFORMATION Energy Audit Prior to creating the work write up, the City will request from a BPI certified contractor to complete an Energy Audit on the home (See Energy Efficiency Guidelines) The results of the audit will be incorporated into the work write up. Work Write-up After the application has been received, the information verified and funding is available, the Program Coordinator will make an inspection of the property and prepare a work write-up and cost estimate. The Program Coordinator and homeowner will thoroughly discuss the work to be done Once the project scope is approved by the homeowner, the City will competitively procure a qualified contractor that meets all of the procurement requirements of the City and the Arizona Department of Housing. Work write-ups will be completed by the Program Coordinator. Specific building City of Apache Junction Housing Hehabihlation Program Guidelines. 16 of 27 materials and building methods will be left up to the discretion of the Program Coordinator but must meet ICC Standards. The City of Apache Junction Housing Rehabilitation Construction Guidelines will provide guidance on preparing the project scope The Program Coordinator will provide a rehabilitation cost estimate based on available information from recent projects completed. All new construction that requires substantial repair (more than 50%) of a system must meet the City's current building codes upon completion The rehabilitated home should at a minimum meet Section 8 Housing Quality Standards and/or all City Building Codes, whichever is more restrictive, shall govern. The City wishes to encourage contractors to buy locally whenever possible Request for bids An advertisement will be placed in the Arizona Republic a minimum of fourteen (14) days prior to the bid opening and/or an email notification will be sent to contractor's listed on the Housing Rehabilitation Program's Bid List The City will require bids from two or more licensed contractors to complete the work Contractors will be required to meet all City of Apache Junction and Arizona Department of Housing requirements to be eligible to be awarded a contract Requirements include a current City Privilege Tax License; a valid contractor license from the State of Arizona, listed on the Registrar of Contractors website and hold valid insurance Additionally, any contractor participating in the rehabilitation program must be verified as being eligible to receive federal funds The City of Apache Junction encourages minority contractor participation in all projects to include Disadvantaged Business Enterprises e g Small Business Enterprises, Minority-owned Business Enterprises, and Women-owned Business Enterprises. Project walk-thru A mandatory pre-bid meeting will be scheduled prior to the acceptance of the bids to invite all potential contractors to the project site to review the project scope in order to offer an accurate quote The pre-bid meeting will also be utilized to answer questions and offer information to the contractors and property owner The contractor may not contact the homeowner prior to this meeting. Proposal submissions Proposals must be submitted on the date provided in the request for bids All proposals must be submitted in a minimum 8 1/2"x 11" letter sized envelope with the words "Sealed Bid Residential Rehab" along with the address, and the name of the owner of the project being bid This must be clearly printed on the face of the envelope. In addition, the name of the firm submitting the bid must be listed on the City of Apache Junction Housing Rehabilitation Program Guidelines, 17 of 27 face of the envelope Failure to comply with the requirements of this paragraph will result in such a bid being considered invalid and returned unopened to the sender All bidders will be notified in writing of the bid awards. Addendums All addendums will be sent to interested bidders a minimum of 3 days prior to the bid opening. Any changes in the finalized work write-up or specifications must be agreed upon in writing and signed by both the Homeowner and the Housing Rehabilitation Program Coordinator before they become effective No change orders will be approved or paid if the work was completed prior to signed approval by the Program Coordinator. Change orders shall not exceed 10% of the total bid price unless the additional work was requested by the Program Coordinator. No side agreements between Contractor and Homeowner will be allowed. Codes and Standard Specifications The contractor is responsible for knowledge of the City's building codes. All work must conform to Apache Junction Building Codes and/or meet approved Uniform Building Codes unless otherwise specified in writing. The property standards that must be achieved as a result of assisted rehabilitation are established by the City's Building Codes, the Federal Housing Quality Standards and the Arizona Department of Housing's Housing Rehabilitation Standards, the Owner Occupied Housing Rehabilitation Weathenzation Standards, and the City of Apache Junction Housing Rehabilitation Program Construction Guidelines The City's Energy Efficiency requirements incorporate the following standards BPI/BA Standards, IECC 2009, ASHRAE 62.2-2010, Energy Star, and Standardized Work Specification Privilege Tax License The contractor and all subcontractors must have an Apache Junction City privilege tax license prior to beginning work after being awarded a contract for services Subcontractors must be named on the Contractor Bid Proposal. Bid Award Bid awards are done by the homeowner; however the City of Apache Junction's Housing Rehabilitation Program will recommend the lowest most responsible and responsive bidder. The City of Apache Junction's Housing Rehabilitation Program City of Apache Junciion Housing kehabilitation Program Guidelines, page 18 of 27 reserves the right to reject any and/or all bids for reasons included but not limited to the following 1. The contractor is not licensed or his license is suspended or has been barred from federal procurement or no procurement programs. 2 The contractor is not able to proceed with the project in a timely manner, has failed to complete past projects in a timely or workmanlike manner or has failed to respond appropriately to requests for warranty service — 3. The bid submitted is more than 15% above or below the estimate and may not be able to complete the project for this amount 4 The Contractor has failed to provide lien waivers as required below or has had mechanic's liens filed by suppliers or subcontractors on past projects 5 Bidding forms are improperly filled out, incomplete or not using the correct bidding forms provided. Owner Bid Rejection The owner may reject any or all bids without cause subject to the following provisions 1. The owner may choose to reject the lowest bid and select a contractor other than the lowest bidder if the owner is willing to provide from his own funds an amount equal to the difference between the low bid and the selected bid 2 The owner may reject all bids at any time up to three working days after the contract is closed. The contract will be between the homeowner and the contractor. However the contractor and homeowner may not discuss the award or non-award of the project until the City has completed the required procurement process The City will serve only as an administrator/financier to the contract. The contractor must be a licensed contractor in the State of Arizona, hold a City business license, be in good standing with the Registrar of Contractors, and not appear on the excluded parties listing Delays in Awarding Contract Generally the contract will be closed and the work will begin within thirty (30) days of the date of bid submission. If thirty days has passed and no contract is signed, the Contractor may honor the original bid or withdraw the bid. If the Contractor chooses to withdraw the bid, the project will be offered to the next qualified low bid or a new bid process will begin. The Housing Rehabilitation Program Coordinator reserves the right to negotiate any bid. City of Apache Junction Housing Rehabilitation Program Guidelines, page 19 of 27 Notice to Proceed The Notice to Proceed will issued by the City of Apache Junction's Housing Rehabilitation Program which will identify the start date. All construction must begin within seven (7) days A pre-construction conference will be held between the homeowner, the contractor and Program Coordinator to discuss work items, furniture moving, and other questions in need of clarification. All contractors will be required to secure a building permit from the City and post it at the site. Quality of Work Provided General Contractors, sub-contractors and their employees qualified to perform the installations for which they are responsible shall perform all work in a quality workmanlike manner The job site is considered a federal location and must, at all times, be free from an individual chemical use. All moved or effected equipment shall be returned to a completely functional nature. The Contractor will make provisions for the fact that Owners will, at all times, occupy this dwelling the course of construction and need basic services at day's end. Permits The permit application for the project is prepared and submitted by the Contractor. The Building Permit will be issued upon receipt of payment from the Contractor The permit must be picked up before beginning any work on the property. Follow the Building Department's procedures for scheduling inspections The Contractor is responsible for all necessary inspections of the property. Clean-up The job site should be thoroughly cleaned during and upon completion of the project. All construction debris of every sort should be removed along with other debris that may have been on the property or collected during the work Compact, grade and rake any area disturbed by construction for proper drainage Construction debris is to be hauled to the landfill and disposed of in accordance with all local ordinances Under no condition is debris to be left in the ally for City pick- up. Timely Manner Work should proceed in diligent manner after start-up Progress inspections will be made almost daily While material or subcontractor delays are sometimes unavoidable, extended periods without progress or repeated unnecessary delays in completing a project may constitute grounds for rejecting future bids The City of Apache Junction Housing Hehabrlita?ion Program Guidelines, page 20 of 27 contractor is expected to complete the job within 45 days from the notice to proceed. There is a one-year warranty on workmanship and materials. Owner Selections The homeowner is allowed to select the following items 1 One interior paint color 2. Exterior wall and trim color 3. Counter top 4. One carpet color 5 One floor tile (grout to be sealed) The contractor must supply the homeowner with a minimum of three (3) color samples Payment No payments shall be made to the contractors without written approval from the Program Coordinator and the homeowner, with the exception of disputed discrepancies which may be resolved and paid with the signature of the Program Coordinator. The Program Coordinator will monitor all rehabilitation work during construction. If progress payments are called for in the contract, the homeowner and the Program Coordinator will make an inspection of the work outlined in the work write-up scheduled for completion before a progress payment will be made. A contractor may request a 50% draw when one-half of the contracted work is completed and a 40% draw when 90% if the work is completed. The City will hold 10% retention for up to thirty (30) calendar days at the end of the contract to cover closeout contingencies. The contractor must submit all lien waivers, warranties/guarantees prior to the release of the 10% retention Warranties and Owners Manuals The contractor shall warrant all work for a period of two (2) years or more, exclusive of the manufacturer's warranty, from the date on the approval of the final inspection, which will be signed by the homeowner and the Program Coordinator. Major systems or items necessary to make the property meet code should be analyzed on the basis of a three year life expectancy. Major systems include. roofs, heating, cooling, plumbing, water heaters, and electrical components When included in a project, warranties for all items such a new appliances/hot water heaters shall be given to the Program Coordinator by the contractor(s). All warranties will be provided to the homeowner. Final Inspection After the contractor has passed all permit inspections from the Building Department, please inform the Program Coordinator so that a final inspection can be scheduled City of Apache Junction Housing Hehabiiilaiion Program Guidelines, 21 of 27 Approval of the work by the City Building Inspector does not constitute acceptance of the workmanship by the Housing Rehabilitation Program or the Homeowner Upon the homeowner's acceptance of the work completed, final payment will be issued after final invoice and lien waiver are presented to the Housing Program Coordinator. Final payment can be expected within 30 days of work completion and successful final inspection. In the event of any dispute between the owner and the contractor concerning the completion of rehabilitation, the HRPC will work with both parties to negotiate a satisfactory solution If a solution cannot be arrived at, a grievance can be filed as outlined below HOUSING MAINTENANCE AND HOMEOWNERSHIP EDUCATION In addition to warranty brochures, information will be provided to the homeowner to include but not limited to • Energy Checklist (Salt River Project); • Energy Savers (Southwest Gas on behalf of the US Department of Energy); • Energy Savings Guide (Salt River Project), • Home Care (City of Apache Junction), • Safety Checklist (Home Safety Council); The HRPC and Contractor shall conduct training in the home to instruct the homeowners on the new equipment, appliances and general housing maintenance counseling on items that had been installed in the home. The City will counsel each homeowner in budgeting necessary to complete house payments, maintenance and upkeep. The City's Housing Program also provides a Housing Programs and Services Newsletter on a quarterly basis for all housing rehabilitation program recipients Homeownership Counseling is currently provided by the Arizona Department of Housing and/or their designee ENERGY EFFICIENCY GUIDELINES The HRPC will write the bid specifications to include energy efficiency measures as required by the Arizona Department of Housing Owner Occupied Housing Rehabilitation Weathenzation Standards. Detailed information pertaining to the Energy Efficiency requirements can be found in the City's Housing Rehabilitation Program Construction Guidelines. The City's requirements incorporate the following standards BPI/BA Standards, IECC 2009, ASHRAE 62 2-2010, Energy Star, and Standardized Work Specification City of Apache Junction Housing Hehabilitation Program Guidelines. page 22 of 27 LEAD BASED PAINT REQUIREMENTS/ PRE-1978 HOUSING On September 15, 1999, HUD published a Final Rule at 24 CFR Part 35 to implement new regulations with regard to lead-based paint in compliance with the Residential Lead-Based Paint Hazard Reduction Act of 1992 This Rule was effective on September 15, 2000 ADOH received permission from HUD to defer implementation of this Rule until January 10, 2002 As of January 10, 2002, any CDBG or HOME awards made by the ADOH after January 10, 2002, and used to fund housing rehabilitation projects are required to comply with these lead-based paint requirements. However, CDBG or HOME awards made by the ADOH before January 10, 2002, and used to fund housing rehabilitation projects, whether or not the actual projects have been started, will not be subject to these requirements In order to comply and implement these lead- based paint requirements, the HRP shall use as guidance the ADOH Housing Bulletin #1 issued by the Office of Housing Development ("OHD") on December, 2001. The HRP shall specifically adhere to the evaluation, disclosure, work requirements, and clearance procedures contained in this Bulletin. Any interim control or abatement procedures of lead-based paint hazards as prescribed by HUD requirements shall be included in the scope of work The HRP shall also attempt to obtain lead-based paint general liability insurance for lead-based paint hazards and encourage contractors to secure lead-based paint hazard liability insurance. The HRPC will provide the homeowner with the EPA/HUD Pamphlet "Protect Your Family from Lead in Your Home". The HRPC shall also provide the homeowner with the Lead Based Paint Notification for the homeowner's review and signature The HRPC shall specifically review the notification form with the homeowner and make every effort to ensure the homeowner is aware of the hazards and ways to avoid lead based paint poisoning. The executed notification is retained in the homeowner/client's file and a copy is provided to the client If lead based paint hazards are identified and treated by a certified lead based paint risk Assessment Company, the HRPC shall meet with the recipient and discuss the findings contained in a Risk Assessment Report. The recipient shall also sign off on the report to reflect that the findings contained in the Risk Assessment Report were explained and discuss with the recipient The Risk Assessment Report shall then become a part of the recipient's file. All brochures regarding lead-based paint hazards are available in alternate format for non-English Spanish speaking persons upon request. CONFLICTS OF INTEREST 1) Any person who is an employee, agent, consultant, officer, or elected or appointed official of the City may not obtain a personal or financial interest or benefit from this activity, nor may they have an interest whatsoever, however Oily of Apache Junction Housing Rehabilitation Program Guidelines, poke 23 of 27 remote, in a contract, subcontract or proceeds either for themselves, their family or business ties during their tenure, or for one year thereafter. 2) No contract will be awarded to a contractor who is related, or whose employee is related to the applicant by blood or marriage. Upon written request to the HRP in care of the Apache Junction Development Services Department, the Development Services Director, or his/her designee, will determine if a conflict exists. COMPLAINT AND GRIEVANCE PROCEDURE Applicants, Program participants, or contractors may initiate a complaint by submitting concerns in writing to the City of Apache Junction Development Services Director, or his/her designee, at 300 East Superstition Boulevard, Apache Junction, Arizona 85119 The Development Services Director, or his/her designee, is responsible for receiving, reviewing, and responding to all complaints including prequalification of applicant or contractor qualification. The City must issue a written response to any complaint within ten (10) working days of receipt. If unsatisfactory to the complainant, a written appeal of the City's response shall be filed within ten (10) working days of receipt of the City's response Appeals shall be made to the City Manager, by sending such appeal to 300 East Superstition Boulevard, Apache Junction, Arizona, 85119 Attn City Manager. The City Manager shall be the final administrative decision maker. Further judicial appeals shall be in accordance with A R S Title 12, 12-901. Assistance from the City in preparing a grievance is available at no charge if needed due to either a disability or language limitation Assistance will be provided through the Development Services Department at (480) 474-5090 TDD (480) 983- 0095; FAX (480) 474-5102 or 300 East Superstition Boulevard, Apache Junction, Arizona 85119 MARKETING The Housing Rehabilitation Program will be marketed using the following media: Brochures, Flyers, City of Apache Junction Website, the Housing Programs and Services Newsletter, The Citizen (Parks & Recreation Publication), City of Apache Junction's Cable Channel, and local newspapers including AJ News and the Independent Direct marketing to neighborhoods may also be conducted by mailing a postcard to residents within a targeted area notifying them of the City's programs. City of Apache Junction Housing Rehabilitation Program Guidelines. c c 24 of 27 Distribution of marketing materials will be through a local network of human/social services agencies and at general posting locations throughout the City which include but are not limited to the outlets below Human/Social Service Agencies TRIAD Neighborhood Watch Groups Pinal County Housing Pinal County Volunteer Center CAAFA CAAG RSVP Program ABIL CAHRA Salvation Army Area HOA's Apache Junction Food Bank Boy's and Girl's Club Project Help HOPE Women's Center Apache Junction Senior Center Apache Junction School District Apache Junction Community Development Corporation Apache Junction Chamber of Commerce Central Arizona Council on Development Disabilities City of Apache Junction Victim Assistance (Police Department) City of Apache Junction Victim Advocate (City Attorney's Office) Superstition Mountain Mental Health Center Posting Locations City Hall Library Parks and Recreation Multigenerational Center The City will make every effort to accommodate persons with disabilities and non- English speaking persons See the section entitled Assistance to Applicants for additional information. STAFFING AND ADMINISTRATIVE REVIEW All administrative and supervisory work will be done City Manager by City Staff Procedures to protect applicants, HRP participants, and contractors are outlined in the Assistant City sections entitled Complaint and Grievance Procedure Manager and Non-Discrimination. Development Finance The City of Apache Junction's HRPC will be Svcs.Director Director responsible for the following: application intake; Revenue Dev. income verification, case management, contractor Manager procurement; change order approvals; and final inspection L Program Coordinator The HRPC can be reached at 300 East Superstition, Apache Junction, Arizona 85119. The HRPC can also be contacted at (480) 474- 5090 or TDD (480) 983-0095. City of Apache Junction Housing Rehabilitation Program Guidelines. page 25 of 27 NON DISCRIMINATION The City of Apache Junction, or any of its sub recipients, do not discriminate in any activity on the basis of race, color, religion, sex, disability, familial status, or national origin. The City of Apache Junction is an Equal Opportunity Employer, Minority Contractors participation is encouraged DBE/MBE/WBE A copy of the City's Equal Employment Opportunity Policy is available on-line at http.//www.aicity.net/index.aspx?nid=556 ASSISTANCE TO APPLICANTS Should an individual need assistance in preparation of an application, assistance will be provided, at no charge, through the Development Services Department The Department can be reached at 300 East Superstition, Apache Junction, Arizona 85119. Assistance can also be requested at (480) 474-5090 or TDD (480) 983- 0095. Applicants may request assistance because of a: 1) physical/mental/emotional disability or 2) limited ability to speak/read English. FAIR LABOR STANDARDS The provisions of the FLSA are not applicable to the rehabilitation of single family homes under this program. APPLICABLE DOCUMENTS The City's HRP uses guidance from the following sources of information pertaining to the administration of the HRP 1) Arizona Department of Housing Owner Occupied Housing Rehabilitation Standards 2) United States Department of Housing and Urban Development Housing Quality Standards. 3) United States Environmental Protection Agency Information regarding Lead Based Paint. 4) Arizona Department of Housing, State Housing Fund Program Summary and Application Guidelines 5) Arizona Department of Housing Community Development Block Grant Handbooks. 6) Arizona Department of Housing Owner Occupied Housing Rehabilitation Weathenzation Standards 7) City of Apache Junction City Ordinances and adopted Building Codes. 8) City of Apache Junction Housing Rehabilitation Program Construction Guidelines. GO of Apache Junction Housing Rehabilitation Program Guidelines. page 26 of 27 CHANGES TO HOUSING REHABILITATION PROGRAM GUIDELINES The Housing Rehabilitation Program Guidelines are generally adopted with revisions annually, however should an emergency change within the Housing Rehabilitation Guidelines as adopted by the City Council be required throughout the program year, the Mayor shall submit a letter in writing to the Arizona Department of Housing ten (10) days prior to the change coming into effect. FORMS A complete packet of forms utilized by the City's Housing Rehabilitation Program are available upon request. Below is the listing of those forms Form Form Application which includes Owner Acceptance of Work Write Up Authorization for Release of Info Contractor Participation Statement Verification of Employment Contract between Contractor and Owner Affidavit of Non-Income Owner's Color Preference Verification Declaration of Citizenship Change Orders Income Verification Determination Sheet Final Acceptance of Work Completed Memorandum of Understanding Final Invoice and Waiver of Lien Certification of Principal Residence Truth In Lending Form Federal Assistance Notice Memorandum of Understanding Complaint and Grievance Procedure Right of Rescission Disclaimer Promissory Note Development Services Due Diligence Deed of Trust Work Write Up including cost estimates Release of Lien City of Apache Junction Housing Rehabilitation Program Guidelines. page 27 of 27 ROLL CALL VOTE NOTES: I , Vjit ): I ITEM # MEETING OF Mit/lAjt MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY COUNCILMEMBER WALDRON VICE MAYOR DIETZ COUNCILMEMBER BARKER COUNCLMEMBER EVANS MAYOR INSALACO UNANIMOU IN FAVOR OPPOSED ABSTAINED TOTAL �. CONSENT AGENDA ITEMS NO. 1-5 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN TO EXTEND THE CURRENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE ARIZONA DEPARTMENT OF ECONOMIC SECURITY, CONTRACT#DE081140-001 FOR VENDING SERVICES AT THE CITY LIBRARY, FROM JANUARY 28, 2013 THROUGH JANUARY 27, 2014, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT EXTENSION PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY, AND THAT APPROVAL BE GIVEN TO RESOLUTION NO. 12-38, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE ADOPTION OF COMMERCIAL REHABILITATION GUIDELINES, AND THAT APPROVAL BE GIVEN TO RESOLUTION NO. 12-39, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE ADOPTION OF OWNER OCCUPIED HOUSING REHABILITATION GUIDELINES DATED FEBRUARY 1, 1994, AS AMENDED, IN RELATION TO A HOUSING REHABILITATION ACTIVITY. ACH �• �. �'- COI of Apache Juncizon 0 Home of the Superstition Mountains 4. , ! M Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: January 15, 2013 ,genda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT. ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available � py AGN Gy0` • � I • . .o 0 of Apache Junction z Home of the Superstition Mountains '/MO Print TO: City Manager's Office FROM: Liz Langenbach, Recreation Superintendent DATE: January 15, 2013 -agenda Type : Regular Agenda Council Priority Focus Area: Communication/Outreach TITLE OF AGENDA ITEM: PRESENTATION BY AND DISCUSSION WITH LIZ LANGENBACH, RECREATION SUPERINTENDENT, AND YOUTH REPRESENTATIVES FROM THE WELLNES PARTNERSHIP YOUTH FORUM HELD AT CENTRAL ARIZONA COLLEGE. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: The Wellness Partnership recently sponsored a youth forum at Central Arizona College. Liz Langenbach, Recreation Superintendent, will provide an overview of the details of how the youth forum came to exist and details of the event Youth representatives that attended the event will reflect on the forum and items they identified regarding the community they live in. FISCAL IMPACT: OPTIONS/ ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D Youth Forum Presentation Wellness Partnership Youth Leadership Committee Update Sub-Committee Purpose The youth in our community are our greatest asset and their academic/leisure time is critical to us—Our subcommittee's purpose is to figure out how we include them in creating a better community and how we help them to be leaders in our community. Recap of Youth Dialogue Event - October 27ti Held at CAC,this half day event kicked off with key note speakers: local youth Leader, Kailin Knox and, student rep to the Arizona Board of Regents,Tyler Bowyer. Over 40 junior high, high school, and college students participated. They were identified by their schools, church leaders, and civic groups as leaders/emerging leaders in our community. They broke out in to small group sessions to discuss the two below topics and then reported to the larger group on their thoughts. When asked to identify things that contribute to making our community healthy, happy,and a positive place to be, the following themes were identified as the top votes/mentions. 1 The outdoor environment (Superstition Mountains, Lakes, Hiking trails) 2. Facilities such as the MGC, Library, CAC 3 Tight-knit community When asked what should be addressed to improve quality of life,three common themes emerged in both their group reporting and end of day evaluations. 1. More coordinated involvement between youth and the community a The community (citizens, councils/boards, agencies, businesses) having more involvement/coordination with the schools and supporting education and extra-curricular activities b More opportunities for youth to be involved through service projects, volunteerism, community input 2 Better promotion of the activities/events/programs we already have (to get more interest,to show kids we have things to do,to improve outside perception,etc ) 3 More events/programs/activities to do (both on and off campus) Group Reporting—Above, are the overall themes identified by the youth. All items listed by the participants in the break out sessions &the top vote getters are listed on the following pages. YOUTH FORUM REPORTING - October 27th, 2012 Positives/Strengths in our Community Item Listed Votes/Mentions Outdoors (Lakes, Mountains, Hiking Trails) 13 MGC 6 Library 5 CAC (also degree programs, leadership/scholarship opportunities) 4 Prospector Park 3 Tight community 3 Outdoor rec opps (camping fishing tubing) 3 Small Businesses 2 community organization/involvement 2 things are close by 2 Roads Smooth Lots of events for the community networking between resources Leaders (student government, honor society) Service/mentoring opportunities in clubs and school camps and programs (sports, arts, science, etc) good medical facilities electronic billboard Historical Area/Location Boys &Girls State Hope Conference CAC Math Competition (AJHS travels to Signal Peak for annual contest) Close Campus YOUTH FORUM REPORTING - October 27th, 2012 Ideas for Creating Healthiest/Happiest Community Item Listed Votes/Mentions Community involvement/support for education 14 More youth service projects/community involvement 10 Promoting events/resources/our community 7 More Annual Community Events (parades, carnivals, races) 7 Restore Programs 6 More extracurricular activities (on campus too) 6 Communication between clubs/businesses/councils&boards 5 getting winter visitors involved in schools/community 5 parent training/teen pregnancy 4 education on grades/scholarships for future 4 More Youth Jobs 3 programs to help kids with habits(incl drugs) 3 Discussion forum for parents 2 Having people experience AJ 2 Financial support for sports (sponsors to help with pay to play) 2 better roads 2 drive-in movie theatre 2 Image/Defining Identity go-karts/racetrack Local government being seen at events expand/bring more businesses More community facilities People Newspaper reporting content & accuracy Innovation Education -easier to get the word out Local support of small businesses rather than corp bus (ie. McDonalds) _. More teen activities in community Pinal Co working together making AJ example for Cities community cleanup better organizing parades street music college planning course for all HS grades better county fair City of Apache Juncrion IU Home of the Superstition Mountains Print TO: City Manager's Office FROM: Tracie Curtis, Library Manager DATE: January 15, 2013 ,genda Type : Regular Agenda Council Priority Focus Area- TITLE OF AGENDA ITEM• PRESENTATION AND DISCUSSION ON CLASSES THE LIBRARY IS CONDUCTING IN COLLABORATION WITH THE APACHE JUNCTION MUNICIPAL COURT THROUGH THE USE OF GRANTS. ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: Tracie Curtis. Library Manager. will provide an overview of the classes the library is providing for patrons in collaboration with the Apache Junction Municipal Court. Funding for the classes has been attained through grant funds. FISCAL IMPACT: OPTIONS/ ALTERNATIVES: ECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1388, CASE PZ-4-12, AN APPLICATION BY JAMES E. AND NORMA JEAN TALBOTT, REPRESENTED BY RON DWYER, TO REZONE THEIR PROPERTY AT THE SOUTHEAST CORNER OF WEST SUPERSTITION BOULEVARD AND NORTH SAGUARO DRIVE FROM GR (GENERAL RURAL) TO C-2/PD (LOCAL COMMERICAL DISTRICT BY PLANNED DEVELOPMENT) FOR THE PURPOSE OF DEVELOPING A WATER AND ICE DISPENSING KIOSK BUSINESS 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. O� *p ACH ✓. o c ..... il of Apache Junction °z Home of the Superstition Mountains ____ Print TO: City Manager's Office FROM: Rudy Esquivias, Senior Planner/Zoning Admin. DATE: January 15, 2013 ,genda Type : Regular Agenda Council Priority Focus Area Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PROPOSED ORDINANCE NO 1388, CASE PZ-4-12, AN APPLICATION BY JAMES E AND NORMA JEAN TALBOTT, REPRESENTED BY RON DWYER, TO REZONE THEIR PROPERTY AT THE SOUTHEAST CORNER OF W SUPERSTITION BOULEVARD AND N. SAGUARO DRIVE FROM GR (GENERAL RURAL) TO C-2/PD (LOCAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT), FOR THE PURPOSE OF DEVELOPING A WATER AND ICE DISPENSING KIOSK BUSINESS ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION This rezoning proposes an infill business use for a property which has never been developed The rezoning would allow for an un-manned kiosk business to be operated from the property, would require certain improvements on the property and would also establish a palette of future more permanent uses for the property FISCAL IMPACT: Budgetary Approval Not Required ="PTIONS/ ALTERNATIVES: zoning Ordinance Requirement RECOMMENDATION: On November 27, 2012, the Planning and Zoning Commission recommended approval of the proposed rezoning by a vote of 6 to 0, subject to all of staff's recommended conditions of approval ATTACHMENTS: Click to download ❑ Council Cover Memo ❑ Draft Ord.No. 1388 13 PZ-4-1 2 PZ Memo and attachments 4 z City of Apache Junction aR Development Services Department Date: January 3, 2013 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 January 15, 2013, City Council Public Hearing - Agenda Item: PZ-4-12 Talbott/Dwyer Rezoning for Water and Ice Kiosk Business Background Ron Dwyer, representing property owners James E and Norma Jean Talbott, has applied for rezoning approval for a new water and ice kiosk business The previously undeveloped .76-acre property is located at the southeast corner of W. Superstition Boulevard and N Saguaro Drive. The property is currently zoned GR (General Rural) The proposed zoning for the property is C- 2/PD (Local Commercial District by Planned Development) Planning and Zoning Commission Recommendation On November 27th, 2012, the Planning and Zoning Commission held a public hearing regarding the proposed rezoning (P&Z staff report and exhibits attached) The Commission voted to recommend approval of the PD rezoning with all recommended conditions, by a vote of 6 to 0 (one Commissioner absent). One neighbor, who lives directly south of and adjacent to the subject property, spoke at the public hearing. His concern is that he has used the subject property to maneuver his RV in and out of his property in the past Apparently he has an RV gate on the north side of his lot, which opens up directly onto the subject property and he wants to continue using it. The City Attorney and the Development Services Director commented that that is a civil matter between the two neighbors and was not really a zoning issue. Mr. Dwyer commented that he might be agreeable to working out a temporary solution with the neighbor, but that he has liability concerns once the property is developed with the business use. No one else spoke at the public hearing. City Council Work Session The City Council discussed this item at their work session on December 17, 2012. Councilmembers commented that they had seen a similar kiosk being installed at Broadway and Ink AN Delaware, but did not otherwise have any questions or express any concerns about the rezoning proposal. Staff confirmed that Mr. Dwyer is also installing a kiosk at Broadway and Delaware; and that he also installed one on the Carl's Jr property at US60 and Tomahawk Subsequent to the work session, Mr. Dwyer informed Staff that he received information from the property owners that the billboard on the property still has another 5 years left on its lease Mr. Dwyer will procure from the property owners, and provide us with, a copy of the lease '� which contains the date certain for the expiration of the lease. If Council is desirous of approving this rezoning, then Staff recommends that condition #7 in draft Ordinance No. 1388 be amended to read as follows (changes indicated in strike-throughs and highlights) 7) The developer of the property shall not grant another lease extension to the owner of the grandfathered billboard on the property and shall remove the grandfathered billboard prior to thc operation of thc kiosk businc. 3 at the expiration of its lease, said date not to extend beyond (date certain) , 2018 Attachments PZ Staff Report from November 27,2012,with all attachments ORDINANCE NO. 1388 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTY DESCRIBED IN REZONING CASE PZ-4-12, A REQUEST BY JAMES E. AND NORMA JEAN i. TALBOTT, REPRESENTED BY RONALD DWYER, FROM GENERAL RURAL (GR) TO LOCAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT (C-2/PD) ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the subject site is a part of original Lot 29 of the Newtown Subdivision, which was platted in 1947; and WHEREAS, in years following 1947, Lot 29 was split into three different parcels; and WHEREAS, in 1983 the east 120 feet of original Lot 29 was rezoned by the Apache Junction City Council from General Rural (GR) to Local Business Zone (CB-1) , pursuant to Ordinance No. 226, while the rest of original Lot 29 (the subject site) remained zoned GR and undeveloped; and WHEREAS, on November 27, 2012, the Apache Junction Planning and Zoning Commission voted to recommend approval of rezoning case PZ-4-12 by a vote of 6-0, for the purpose allowing the property , to be developed with a water and ice dispensing kiosk business, subject to certain conditions for both the current and future development of the property; and WHEREAS, the City Council hereby determines that the proposed Planned Development Plan conforms to all of the general criteria as specified in Section 1-16-4 C-2 Local Commercial District and Section 1-19-9 General Criteria of the Planned Development Zoning District regulations of the City of Apache Junction Zoning Ordinance (except as otherwise conditioned herein) , including compliance with the General Plan, integration with the surrounding neighborhood, adequate traffic accommo- dation, adequate public facilities, extension of infrastructure, and that the design and uses should result in enhancements to the social, built, and natural environments in the City. ORDINANCE NO. 1388 PAGE 1 OF 4 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL That the zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcel of land oft, legally described as : Lot 29, Block 3, Newtown, according to the plat of record in the office of the County Recorder of Pinal County, Arizona, in Book 5 of Maps, Page 23 thereof; EXCEPT the East 120 feet from the North to South boundaries; and EXCEPT the West 12 feet of the East 132 feet of Lot 29, Block 3, Newtown Subdivision, as recorded in the Book of Maps, Number 5, at Page 23-A of the Official Records of Pinal County, Arizona (also known as Pinal County Assessor Parcel #101-02-086) be and hereby are amended from General Rural (GR) to Local Commercial District by Planned Development (C-2/PD) , subject to the following conditions of approval : 1) The water and ice dispensing kiosk business shall be developed in accordance with the submitted concept plans incorporated by reference herein, to include but not be limited to, the proposed site plan and kiosk elevations, proposed landscape concept, and the proposed access configuration, except as otherwise conditioned herein. 1 2) The layout and landscape plan for the property shall include: A) entry and exit via a circular driveway off of Superstition Boulevard, as approved by the City Engineer, with a landscaped frontage (5-gallon shrubs, groundcovers and decomposed granite, all bordered by railroad ties) along Superstition; B) a minimum 24-foot-wide driveway providing access to the kiosk with a decomposed granite (DG) surface for dustproofing, which is a different color than the DG in the various landscape islands; ORDINANCE NO. 1388 PAGE 2 OF 4 C) a 10-foot-wide landscape strip along Saguaro Drive with trees, shrubs and DG as required by the landscape code and bordered by railroad ties; D) a 10-foot-wide landscape strip across the property' s southern boundary, to include 5-gallon shrubs 10-feet on center, which will eventually provide a landscape buffer between the commercial property and residential properties to the south, also to include DG with a railroad tie border. 3) The use of separation walls shall be waived for this development, but may be required at such time as an additional and/or permanent business use is proposed on the property 4) The developer of the property shall dedicate to the City the north 17 feet of the property for the 50-foot half right-of-way designated on Superstition Boulevard, as may be required by the City Engineer. 5) All signage shall comply with the City' s Sign Code. 6) In order to create a relatively low-intensity residential neighborhood compatible environment, future uses on the C-2/PD-zoned property shall include those uses normally allowed under the C-2 base zone, except for the following uses • pawn shop, tattoo and/or piercing establishment, outdoor storage business of any kind, taxi or shuttle business, establishments selling liquor, rescue mission, soup kitchen or homeless shelter, other uses determined by the Zoning Administrator to be incompatible with a predominantly residential neighborhood environment. 7) The developer of the property shall remove the grandfathered billboard prior to the operation of the kiosk business . 8) At such time as an additional and/or permanent business use is proposed for the property, all additional commercial development requirements shall apply, unless a separate planned development amendment, rezoning or landscape code appeal is filed first . ORDINANCE NO. 1388 PAGE 3 OF 4 9) All development on the property is subject to proper permits and inspections, and compliance with all adopted City codes and ordinances . SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed SECTION III PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconsti- tutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 . SIGNED AND ATTESTED TO THIS DAY OF , 2012 . JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD JOEL STERN City Attorney ORDINANCE NO. 1388 PAGE 4 OF 4 Ark q City of Apache Junction ° Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: November 27, 2012 CASE NUMBER: PZ-4-12 APPLICANT/OWNER: James E. and Norma Jean Talbott REPRESENTATIVE: Ronald Dwyer REQUEST: An application requesting rezoning approval for a proposed water and ice dispensing kiosk business . The development plan proposes to rezone the 0 . 76-acre property from GR (General Rural) to C-2/PD (Local Commercial District by Planned Development) . LOCATION: The property is located at the southeast corner of W. Superstition Blvd. and N. Saguaro Dr. GENERAL PLAN/ ZONING DESIGNATION: Medium Density Residential at 1 to 6 dwelling units per acre. The property is currently zoned GR. SURROUNDING USES: North: Ironwood Storage and retail shops (zoned C-3 and C-2/PD) South: Conventional and Manuf. Homes (zoned GR) East: Small commercial building and yard (zoned CB-1) and 4 Sons Convenience Store (zoned C-3/PD) ; West: Conventional and manufactured homes (zoned GR) . PZ-4-12 (Dwyer/Talbott) PAGE 2 OF 6 BACKGROUND ,.�. The subject property was platted as Lot 29 of the Newtown Subdivision back in 1947. Lot 29 was originally 168' x 330' in size, with the long side of the lot fronting on Superstition. It appears that prior to the city' s incorporation, the east 132 feet of the property was split off This east 132 feet of the original parcel was improved with a 12-foot-wide deeded access way (which serves the parcel to the south) ; and immediately east of that access way is the remaining 120 feet of original Lot 29, which was rezoned in 1983 to CB-i (Case PZ-39-83 , Ord. #226) . The city' s original General Plan showed a 'commercial' oppor- tunity area along Superstition and the rezoning was requested apparently just to make the parcel more marketable. Eventually the east 120 feet was developed with a small office/shop type of building. City records do not show that the remaining west 168 feet of the original lot (the subject site of this present rezoning) has ever been developed, except for adjacent street improvements on the west and north sides, and a grandfathered billboard. PROPOSAL The applicant, Mr. Dwyer, proposes to develop the property with an un-manned 10' x 14' water and ice dispensing kiosk. Access to the kiosk will be from Superstition, thus minimally impacting the single-family residential neighborhood down Saguaro. The property will also be improved with a decomposed granite drive- way to mitigate dust emissions, and with reasonable landscape buffers to further limit access to the property and to provide some natural screening between the business use and the residen- tial neighborhood. No permanent and/or publicly accessible buildings are proposed on the property at this time. Mr. Dwyer estimates that the use will probably have a lifespan of about 15 years, at which time he will probably market the property for a more traditional permanent business use. The C- 2/PD zone will insure that future businesses will be light intensity and neighborhood compatible. Through the Planned Development zoning, staff and Mr. Dwyer are also working on a landscape concept which is appropriate for the use to allow visibility and at the same time aesthetically improve the PZ-4-12 (Dwyer/Talbott) PAGE 3 OF 6 property. Attached please find the application, vicinity and aerial maps for the subject property, and the applicant' s public participation mailing, which includes a picture of the kiosk and a basic site plan. 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) . Because of the size of the property ( . 76 acres) , this commercial rezoning request is considered a minor amendment to the General Plan. Zoning/Sate Context: The proposed C-2/PD zoning is compatible with the commercial zoned properties to the east and north of the site. Staff will recommend the dedication of additional right-of-way along Superstition and we may also recommend that certain less- neighborhood-compatible uses be prohibited from developing on the property in the future (such as pawn shop, tattoo/piercing parlor, RV storage, taxi business, liquor establishments, etc . ) . The Planned Development zoning also, allows for reasonable application of the landscape code to this relatively low intensity use. A straight C-2 zoning would have required full application of the code at the time of development, or that the ,^ applicant then go through a landscape code appeal process. Planned Development Request: The only Planned Development deviations requested for the lot have to do with landscape issues . Basically the applicant is requesting that trees not be required along the Superstition frontage (shrubs, groundcovers, decomposed granite and decorative railroad tie borders ok) ; and that the wall and trees requirement also be waived along the property' s southern boundary, unless requested by the neighbors. Mr Dwyer would like to create a landscape screen using shrubbery (such as oleanders) along the south boundary instead. PZ-4-12 (Dwyer/Talbott) PAGE 4 OF 6 Public Input: Mr Dwyer has sent a mailer (attached) to all property owners within 300 feet of the property, describing the request and asking for any input. Mr. Dwyer advised staff that so far he has received one phone call from a lady who wanted to know if delivery trucks would be coming to the property. He informed the lady that the kiosk will be connected to water and sewer, so trucks will not be delivering water. Planning and Zoning Commission Work Session At their work session on November 13, 2012, the Commission seemed generally favorable to the proposed rezoning Commis- sioners had questions about the security of the kiosk, if lighting was being provided, if Staff had heard from any more neighbors and if there were any other such kiosks in the community. Staff responded that the kiosk was very securely bolted to the ground, that light fixtures were located under the canopy; that only one person had enquired about possible water truck deliveries to the kiosk (per Mr. Dwyer) , to which the answer was no, it will be hooked up to water and sewer; and that there is one other such kiosk at the northeast corner of Tomahawk and US60, at the Carl' s Jr. Staff has not received any other inquiries relative to the request. Planning Division Recommendation The Planning Division opines that this is a reasonable low intensity request to put a long vacant infill lot to use. We still have hope that in the future a more viable and permanent, neighborhood compatible office or retail use will be attracted to the property. Staff offers the following recommended conditions of approval for the Commission' s consideration. RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the City Council the (APPROVAL/DENIAL) of rezoning case PZ-4-12 , a request by James E and Norma Jean Talbott, represented by Ronald Dwyer, for a rezoning of their 76-acre property from GR (General Rural) to C-2/PD (Local Commercial District by Planned Development) for the purpose of developing the property with a PZ-4-12 (Dwyer/Talbott) PAGE 5 OF 6 a water and ice dispensing kiosk business, subject to the following conditions of approval: 1) The water and ice dispensing kiosk business shall be developed in accordance with the submitted concept plans incorporated by reference herein, to include but not be limited to, the proposed site plan and kiosk elevations, proposed landscape concept, and the proposed access configuration, except as otherwise conditioned herein. 2) The layout and landscape plan for the property shall include: A) entry and exit via a circular driveway off of Superstition Boulevard, as approved by the City Engineer, with a landscaped frontage (5-gallon shrubs, groundcovers and decomposed granite, all bordered by railroad ties) along Superstition; B) a minimum 24-foot-wide driveway providing access to the kiosk with a decomposed granite (DG) surface for dustproofing, which is a different color than the DG in the various landscape islands; C) a 10-foot-wide landscape strip along Saguaro Drive with trees, shrubs and DG as required by the landscape code and bordered by railroad ties; D) a 10-foot-wide landscape strip across the property' s southern boundary, to include 5-gallon shrubs 10-feet on center, which will eventually provide a landscape buffer between the commercial property and residential properties to the south, also to include DG with a railroad tie border. 3) The use of separation walls shall be waived for this development, but may be required at such time as an additional and/or permanent business use is proposed on the property. 4) The developer of the property shall dedicate to the City the north 17 feet of the property for the 50-foot half right-of-way designated on Superstition Boulevard, as may be required by the City Engineer. Auk PZ-4-12 (Dwyer/Talbott) PAGE 6 OF 6 5) All signage shall comply with the City' s Sign Code. 6) In order to create a relatively low-intensity residential Ink neighborhood compatible environment, future uses on the C-2/PD-zoned property shall include those uses normally allowed under the C-2 base zone, except for the following uses : pawn shop, tattoo and/or piercing establishment, outdoor storage business of any kind, taxi or shuttle business, establishments selling liquor, rescue mission, soup kitchen or homeless shelter, other uses determined by the Zoning Administrator to be incompatible with a predominantly residential neighborhood environment . 7) The developer of the property shall remove the grandfathered billboard prior to the operation of the kiosk business. 8) At such time as an additional and/or permanent business use is proposed for the property, all additional commercial development requirements shall apply, unless a separate planned development amendment, rezoning or landscape code appeal is filed first. 9) All development on the property is subject to proper permits and inspections, and compliance with all adopted City codes and ordinances Prepared d Esquivias Senior P ner Attachments- Exhibit #1 - PZ-4-12 Application Exhibit #2 - Vicinity and Zoning Map Exhibit #3 - Aerial image of property Exhibit #4 - Aerial image of surrounding neighborhood Exhibit #4 - Public participation mailing, including image of kiosk and site plan Exhibit #5 - Conceptual Landscape Plan CITY OF APACHE JUNCTION REZONING APPLICATION FORM Owner/Agent Information: — Name: 7?c j tj -VW Veit Telephone: y8(' 797-4/031_ Address: ,7 463 /\1. L,Uo IVERI f$.c I�d, 4pAcAi e 857/ Property Information: Zoning Classification Current: G F Requested: (— Property Size: 07 7 Ei acres 0 square feet County Tax Assessor Parcel #: 1 0 I —67,- -(5 6 Legal Description of Property (found on County Tax Bill Notices): F42CEL /O/— OJ—OS6 / 5ecr,one J 9 %ow�s-h P 01 A R i&e o R E. j LoT' (99 .t��C.oc W Address/Location of Property (if different from Owner Address, above)• ,sou;K E01-S r _ Co R r•16 R o f Su Pel2Sp i, v BLVD SAHU/F&o APAGAR 0';v"✓c7704) f}Z List all improvements to Property: C 1 te� (� : /1 /3 o AIL p ( T P ?e�,�co .�1�) Structures/Use of Adjacent Properties: f:3 North. S SAops South. S A/c/c FA.rrify G 1 Fast: lrc-ric Sc.,aomy, -- C —.2 West S/Ave-/ ki¢ 17 G 7Z — Reason for Rezoning Request: Tv PC4-c (_ iu ,c `i- icc) 0,0 i/14E r /,gc.ef List any land-use or environmental impacts that may be expected if property is rezoned: FOR OFFICE USE ONLY Case No.: PZ- - Date Filed: Application Received By: Fee Amount. $ I/We certify that. I/We are the owner(s) of the property described in this application for rezoning and have submitted copies of deeds or title reports as proof of ownership. I/We have read the application instructions and have truthfully completed this application. I/We understand that rezoning is conditional upon dedication and time •requirements, and that the City has the option of either approval or denial of this request following conduct of a Public Hearing. I/We,being the owner(s) of the property in this application, have appointed N 4 L 0 'V Lc) yi`R as my/our representative agent. I/We have authorized him/her to do whatever is necessary to have this request considered favorably by the City of Apache Junction and agree that all correspondence relating to this matter should be delivered to him/her. PLEASE PRINT ocii Property Owner Name Si ature 1473 mk.INft7-rc , Street Address -T�ni PE Ate. 85 13.2 '/ta - 8 38 -O ?7 City,State,Zip Telephone Ho PinA 14-1.1 ALB 0 ' �m Property Owner Name Sig ture 19 7.? E: IfRI1lhiAy7 0 Street Address • 7 ,nPE , f}... SS2f3a 6-7/3O - t33 - o887 City,State,Zip Telephone r:T 4 9-1?0MRc.6 eDwYeft' Agent Name Signature •. .• e T.0 . 3 c •c 2 `I WO ,.,,, Street Address c A-Z 85// 7 4.03o-797' '/03S rrz� City,State,Zip Telephone m STATE OF ARIZONA) . The foregoing instrument was acknowledged before w 1 } SS me this a, day of(- he _,20«- COUNTY OF PINAL ) Notary Public My Commission Expires: .2 "3o --/3 ...... ..... PZ - 4 . 12. REZONING REQUEST FROM G1Z 'TO C-Z/PD FO A WATER. J4 D ICE DISPENSING BUSINESS . 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Mailing address P 0 Box 6863,Apache Junction,AZ 85178 Phone (480) 557-8565/Fax (480)557-5772/Website www iceandwatervendors.com October 22, 2012 Dear Apache Junction Resident: Greetings' Ice and Water Vendors is an Apache Junction based company that is expanding its operations for the community by providing a low-cost option to purchase purified ice and water. Please review the enclosed literature for further details. You'll find a copy of the site plan to rezone Lot 29 for the installation of an ice & cold water vending kiosk. We've included a photo of the building that measures 8' x 14'6 " Additionally, if you have any comments, please contact us with that information using the enclosed self-addressed, stamped envelope. Thanks for the opportunity to serve your community. Ron Dwyer, Partner (a.b er Vendors LLC. ' Ice and Wat , • '-i...i:l'. ..c.. / `/ AN 1 Ice and Water Water Vendors, LLC. 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""""C""''.^'xt Ar„l...rit.r1.1141..i ioN,AZ 85120 PMnCii To;µaslN,a.DJ.'STd,,C, ..e.m.W.f..rnaa:s.0.-ws SCALE.1:250 SHEET 1 OF I 8 7 6 _ 4 3 2 ' SuPE1Sr trio NI RauLEV AR.D ,•_c ' , q —. -- l( 50' >1 r 4 D w c TINGs,AEw 11 4 i1 ?'t),Ziv ~ 0 goo O cr izAhst lr" �rsrtAi i r r 4. l O r ,~r f "[t t, 'U ♦ 't C t'L� t 46'4+1/4'w 0` + DRIVE. \..a i ICE t4r419 `4'��''. fo`t/ e co c 7; ri 0 Li) LEGEND T 7 Co S' G fi L 5 h Wl�j' rr 1.9' ,li T 0 cj -- 15 GAIL 7—REE. Vi �. 11-' u ) ( ' ) tI1 Ill ti RA- ICRo 10 ' "lle. , • g0 0)j 0 O O O p O . O O U O O O O O . Tio, ROLL CALL VOTE NOTES: /IN (0\r/Iffr \141) °41 ITEM # MEETIN OF MOTION BY: SECONDED BY: YES NO ABSTAINED VICE MAYOR D1ETZ COUNCILMEMBER WILSON COUNCILMEMBER BARKER I COUNCILMEMBER SERDY COUNCILMEMBER EVANS COUNCILMEMBER WALDRON ) MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE 1f .)\ // NOTES: i6 i o 7 I kit , ,, ,,,\v, 0,\\r , .,/,, „.,/ 0 0, i KO ITEM # MEETI G OF BY: SECONDEDel0) Y. L MOTION S /YES NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER WALDRON V COUNCILMEMBER WILSON l,/ COONCILMEMBER EVANS VteE MAYOR DIETZ COUNCILMEMBER SERDY J MAYOR INSALACO UNANIMOyS IN FAVOR OPPOSED ABSTAINED TOTAL AM. i A. ITEM NO. 9 I MOVE THAT ORDINANCE NO. 1388 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED (Call upon the city clerk to read Ordinance No 1388 by title only Majority vote required ) I MOVE THAT ORDINANCE NO. 1388, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED). I MOVE THAT ORDINANCE NO. 1388, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS. PUBLIC HEARING /1 1. For PROPOSED RESOLUTION NO. 12-40,AUTHORITY TO SUBMIT FOR FISCAL YEAR 2013 COMMUNITY DEVELOPMENT BLOCK GRANT AND STATE SPECIAL PROJECT FUNDS. 2. Will PROGRAM COORDINATOR HEATHER PATEL speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. PpA • • C o of Apache luncheon Home of the Superstition Mountains ,0 .N Print TO. City Manager's Office FROM: Heather Patel, Program Coordinator DATE: January 15, 2013 +genda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO 12-40, AUTHORITY TO SUBMIT FOR FISCAL YEAR 2013 COMMUNITY DEVELOPMENT BLOCK GRANT AND STATE SPECIAL PROJECT FUNDS. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: A public hearing is required to solicit community input on potential projects for the submittal of Fiscal Year 2013 Community Development Block Grant and State Special Project grant applications Resolution No 12-40 identifies the projects selected by the city council and further authorizes the mayor to sign the application, contract, grant documents, and take all actions necessary to implement and complete activities submitted within the applications FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ ALTERNATIVES: Statutory Requirement RECOMMENDATION: Staff respectfully recommends that the City Council 1) Conduct a public hearing and review the proposed projects, 2) Select the project(s) to be submitted and designate which project will be submitted for Fiscal Year 2013 CDBG funding and Fiscal Year 2013 SSP funding, and 3) Review, discuss, and approve Resolution No 12-40. ATTACHMENTS: Click to download D Staff Report I] Resolution No. 12-40 Pp ACM O� na ti --� City ofApache Junction Development Services Department MEMORANDUM DATE: January 3, 2013 TO: The Honorable Mayor and City Council THROUGH. George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker,Revenue Resources Manager FROM: Heather Patel, Program Coordinator SUBJECT. Public Hearing regarding proposed Resolution No 12-40 for the submittal of Fiscal Year 2013 Community Development Block Grant and Fiscal Year 2013 State Special Project Program grant applications REQUEST Staff respectfully requests that the City Council: 1 Conduct a public hearing to receive input and discuss potential projects for the utilization of Community Development Block Grant Regional Account("CDBG") funds for Fiscal Year 2013 ("FY13") and State Special Project("SSP")funds for Fiscal Year 2013, 2. Select the project(s)to be submitted and designate which project will be submitted for CDBG for FY13 funding and which will be submitted for SSP for FY13 funding; and 3 Review, discuss, and approve Resolution No. 12-40 authorizing the submission of the City's FY13 CDBG and FY13 SSP applications. Both Programs are Federal grant programs administered by the Arizona Department of Housing ("ADOH"). The CDBG funding is allocated to the community as long as a viable project is submitted, whereas the SSP funding is a statewide competitive application process BACKGROUND Since 1974,the United States Department of Housing and Urban Development("HUD")has provided assistance to local communities through the CDBG and SSP Programs. These Programs were established to help communities address the following national objectives. 0014. oak 1) Meet the needs of low and moderate income citizens; 2) Prevent/eliminate slums and blight in a community; and/or 3) Address urgent needs to the health/welfare of a community. A community can use the funds to address one of the national objectives or can direct the funds to a non-profit organization. Apache Junction has participated in the CDBG program since 1982. ^ The City of Apache Junction is eligible to submit applications to the Arizona Department of Housing for both the CDBG and SSP funding. The City of Apache Junction is anticipating receiving approximately$120,000 in CDBG funds to be used over a two year period of time(January 2014—December 2016). These funds are guaranteed to the community as long as a viable project is submitted for funding to ADOH. The City may retain up to 18%of these funds for administrative costs This application is due June 1, 2013. In years past,the City partnered with the Town of Payson to receive double funding every other year The City chose to end that partnership in 2011. The City of Apache Junction is anticipating submitting an application for the SSP funds in which the City may request up to $300,000 to be used over a two year period of time. These funds are a statewide competitive grant. The City may retain up to 18%of these funds for administrative costs The anticipated application due date is June/July 2013 Crucial to the CDBG and SSP programs is the involvement of local citizens and elected officials. In fact,to participate in the programs and receive funds a community must be able to document that citizens and officials have been given the opportunity to discuss community needs and suggest possible projects. Ultimately,the decision on which CDBG and SSP projects will be submitted rests with the elected officials in a community To assist communities in meeting the requirements for public participation,ADOH has established a mandatory public participation process Failure to meet the public participation requirements will result in the disqualification of the City from the programs and an inability to receive funds. On November 8,2012 a public meeting was held to solicit input from the public on potential projects for the submission of an application. Technical assistance was provided to the community until November 7,2012 to help formulate projects for consideration and to determine if a potential project meets the requirements of the CDBG program There were no members of the community present during the public meeting,therefore there were no public comments received Additionally,on October 11, 2012 the Leadership Team met to discuss potential projects for presentation to Council. Based upon the City's current low to moderate income status,the City must focus their CDBG and SSP efforts on projects that meet one of the following cntena 1) Is within a designated and approved redevelopment area, e g Crossroads Redevelopment Area and Apache Trail Redevelopment Area, 2) Assist persons within a limited clientele category, e g seniors,disabled, etc , 2 3) Assist homeowners who are proven to be low income, e.g. housing rehabilitation, and 4) Assist neighborhoods that are proven to be low income. During the Leadership Team meeting, several projects were discussed that met the criteria of the CDBG program Of those projects, several held high priority because they addressed objectives within the recently completed Downtown Revitalization and Implementation Strategy ("DRIS"). The following projects were discussed by the Leadership Team. 1) Commercial Rehabilitation—to offer grants/loans to local businesses for improvements to the exterior of their buildings. This project was identified in the DRIS and will be completed within the two redevelopment areas, which is an approved use of the funds as identified above Commercial Rehabilitation Guidelines must be created and approved Draft guidelines are to be presented to the City Council on December 17, 2012 and January 15, 2013 2) Drainage/Street Improvements—to improve the neighborhood south east of Apache Trail and Delaware The entire project is broken up by roadway into two components a) drainage and streets, and b) curb, gutter and sidewalks. Public Works Engineering has determined to focus primarily on Main Drive, with Ocotillo Drive being a secondary choice. The proposal for CDBG or SSP funding will include roadway drainage, off site swales and the reconstruction of the roadway In order to complete the entire project the City is seeking funding through the Pinal County Flood Control District("PCFCD") to fund a portion of the project Should that funding not be awarded to the City,the project scope would be scaled appropriately to reflect the funding available under the CDBG and SSP programs. Curb, gutter and sidewalks are being proposed under a separate grant, Safe Routes to School ("SRTS"), which will be submitted at a later date. Funds Project Grand#3 Ocotillo#2 Main. J PCFCD drainage $250,000.00 $250,000 00 SSP drainage/streets $241,119 32 CDBG drainage/streets $100,000 00 SRTS sidewalks/curb &gutter $397,365 CITY $86,857.87 $0 Total Construction Cost $478,307.64 $436,857.87 $491,119.32 The following projects were recommended by the Leadership Team: CDBG—Commercial Rehabilitation SSP—Drainage/Street Improvements Other projects that may be considered for funding include. Housing Rehabilitation Continuation of the North Apache Trail project 3 The current status of the North Apache Trail project is as follows. • Phase One—Street improvements were completed in 2012 • Phase Two A—Sidewalk installation was awarded and procurement of construction services will begin January 2013. • Phase Two B—An application for on street parking and lighting was submitted December 17, 2012 with an expected award or non-award in March 2013 • Phase Three—The landscaping portion of the project was identified as the City's leverage to the project only if Phase Two B was awarded. Pending the results of the Phase Two B application,the City Council may opt to identify the North Apache Trail as the primary project with secondary projects should the funding under the Fiscal Year 2012 be approved As part of the application requirements for submission of CDBG and SSP applications, a resolution is required that authorizes the City to submit applications to the Arizona Department of Housing for funding. Resolution No 12-40 further authorizes the Mayor to sign the applications, contracts, and grant documents, and take all actions necessary to implement and complete the activities submitted within the applications. DISCUSSION A public hearing is required by the Arizona Department of Housing to provide the public an additional opportunity to present potential projects to the City Council for consideration Staff respectfully requests that Council take into consideration those projects listed above which have been found eligible and those projects presented during the public hearing as potential projects for submittal. Council's project selection and approval of Resolution No. 12-40 will enable City staff to prepare and submit the application(s) in a complete and timely manner. RECOMMENDATION Staff respectfully recommends that Council. 1. Conduct a public hearing and review the proposed projects; 2. Select the project(s)to be submitted and designate which project will be submitted for FY13 CDBG funding and FY13 SSP funding, and 3 Review,discuss,and approve Resolution No 12-40 ACTION REQUIRED The following actions are required: 1)Convening a public hearing, 2) Selection of project(s)to be submitted as grant applications; and 3) Council's consideration of Resolution No 12-40. Attachment One Resolution No 12-40 4 RESOLUTION NO. 12-40 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATION (S) FOR FY 2013 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG RA") , FY 2013 STATE SPECIAL PROJECT ("SSP") FUNDS, AND CERTIFYING THAT THE APPLICATION (S) : (1) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG RA AND SSP APPLICATION (S) WHEREAS, the City of Apache Junction is desirous of undertaking community development activities; and WHEREAS, the State of Arizona is administering the Community Development Block Grant ("CDBG") Program, and WHEREAS, the State CDBG Program requires that the requested CDBG funds address one of the three congressionally-mandated national objectives; and WHEREAS, the activities within these applications address the identified housing and community development needs, including the needs of low and moderate income persons; and WHEREAS, a grantee of State CDBG funds is required to comply with the CDBG Program guidelines and federal statutes and regulations; and WHEREAS, on November 8, 2012 and January 15, 2013, the City of Apache Junction held public hearings on CDBG RA and SSP proposed projects . NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction as follows : SECTION 1 : Staff is authorized to submit applications to the State of Arizona Department of Housing for Fiscal Year 2013 CDBG RA, and Fiscal Year 2013 SSP funds, and the Mayor is authorized to sign the applications, contracts, grant documents and other related documents for receipt and use of CDBG funds for: RESOLUTION NO. 12-40 PAGE 1 OF 2 AnEkk FY 2013 CDBG RA - \ or the funding maximum; and FY 2013 SSP - for $300, 000 SECTION 2 • The Mayor or his designee is authorized to take any and all actions necessary to implement and complete the activities submitted in the applications SECTION 3 • The applications for State CDBG RA and SSP funds further the needs under State guidelines for low and moderate income persons . SECTION 4 • The City of Apache Junction shall comply with all State CDBG Program guidelines, federal statutes and regulations applicable to the State CDBG Program and certifications contained in the applications. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF _ 2013 . SIGNED AND ATTESTED TO THIS DAY OF 2013 . JOHN INSALACO Mayor Ask ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 12-40 PAGE 2 OF 2 ROLL CALL VOTE NOTES C �� nJl 1d 1,< (-)) ITEM # \O MEETING OF MOTION BY � SECONDED BY. ( YES NO ABSTAINED COUNCILMEMBER SERDY Viakpll A NR.-EN TZ b0/0NCI L BEREVANS-' COUNCILMEMBER WILSON COUNCILMEMBER WALDRON COUNCILMEMBER BARKER V MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL I\ ITEM NO. 10 I MOVE THAT RESOLUTION NO 12-40, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATION(S) FOR FY 2013 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT("CDBG RA"), FY 2013 STATE SPECIAL PROJECT("SSP") MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS, AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG RA AND SSP APPLICATION(S), (BE APPROVED) OR(BE DENIED) ROLL CALL VOTE NOTES qi 1 ( \ (12 ITEM # �\ MEETING OF MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER EVANS COUNCILMEMBER BARKER VICE MAYOR DIETZ COUNCILMEMBER WALDRON COUNCILMEMBER SERDY COUNCILMEMBER WILSON 1/ MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 11-12 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M. AND A WORK SESSION AT 7.00 P.M BE HELD ON MONDAY, FEBRUARY 4, 2013, IN THE CITY COUNCIL ONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5.45 P.M BE HELD ON TUESDAY, FEBRUARY 5, 2013 IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P.M. ROLL CALL WS i I 1 /V P' REG: 1/45/3 SPEC CITY COUNCIL P / A P / A P / A MAYOR INSALACO , VICE MAYOR DIETZ ' �' COUNCILMEMBER BARKER „ v COUNCILMEMBER EVANS COUNCILMEMBER SERDY i/ V COUNCILMEMBER WALDRON t/ COUNCILMEMBER WILSON / TOTAL CITY STAFF: 1/ ' City Manager George Hoffman ✓ Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Interim Public Works Director/ City Engineer Giao Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts Development Svcs Director Brad Steinke Human Resources Director Liz Riley Assistant to the City Manager Matt Busby OTHERS: I,'�' Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet of my land along Goldfield Road for the expansion, as part of Resolution 12-37 presented to the City Council on 17 December 2012 Printed Name 01(114-141 bQeitiftl ejt Cô// , ' Signature 11F‘ L(3, -(1244/- Date / i6 13 Address 14/ 70 S s GO I DFI C J /C a5 (l Co-Owner's Printed Name . 3,/Vijt?,f 16es Signature Date Address Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet of my land along Goldfield Road for the expansion, as part of Resolution 12-37 presented to the City Council on 17 December 2012 Printed Name k ' ` 63 ( 1 -1 Signature CIDIQAAAZ Date 1 — i O1 Address [ oci3 s Go tC(-i d d ta gstP Co-Owner's Printed Name Signature Date Address Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 1 am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet of my-land along-Goldfield Road for the-expansion,as part of Resolution 12-37 presented to the City Council on 17 December 2012. Printed Name /('7T/ Signature / Date Address SiO AT ( O1 EM Ap utE I v ii tv &ri11g Co-Owner's Printed Name ; ELt/w-AM <DLieunit Si - �C 1� �—� g Date Address /41l) N (a U FIEL.I Ri MOIE J vewoni P2 g5119 Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the Cityof Apache Junction acquiring 17 feet of p q g my land along Goldfield Road for the expansion, part of xP as Resolution tion 12-37 37 presented to the City Council on 17 December 2012 Printed Name , s44.s. ' t r �k?i2 c5 k. P /-( 9 Signature / d �`,� 4 „ Date l 3`4,20 Address 7) AG OLD iC'/EL. 0 PO Co-Owner's Printed Name ,)4 g /�/� y' Signature i Date // e Address Jt" 7U /v acorfE4D R D. Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet of my land along Goldfield Road for the expansion, as part of Resolution 12-37 presented to the City Council on 17 December 2012. Printed Name Cftm t 7 UO'€ GCc, Signature Omi f (VAC!a 5$14 Date la la'7Jaoi 2, • J i S . (,01d 1c Zc{ Address kg, A2 F)j 119 Co-Owner's Printed Name #ao,e ( it rG 1 Signature , .I1 f Date la 4a71P0 12 Address 1 ab s . Cooid( 1 tQ AP4CJt 4 ATL 65//`/ p Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet of my land along Goldfield Road for the expansion, as part of Resolution 12-37 presented to the City Council on 17 December 2012. Printed Name Signature Date Address c 7 l�. c,�c E v N S�- A--- , .6 Z; 11 )' Co-Owner's Printed Name IIL., - 41,ib--..4-h Signature Date lZ - (2 Address 3 r 16 15 0 ‘f A S ,r2-• 'tt Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet of my land along Goldfield Road for the expansion, as part of Resolution 12-37 presented to the City Council on 17 December 2012. Printed Name -S YL F FPN \ CARP-EWER Signature Date Address („ ,SW()(204 cp.) cx.A'6 t-e\o Co-Owner's Printed Name E2EstESs\ Signature .�(?stazLS Date / /c. Address -31 CIS Ni r?CG GA Cjo Pe b Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of GoldfieldRoad, and the City of Apache Junction acquiring 17 feet of my land along Goldfield Road fort a expansion, as part of Resolution 12-37 presented to the City Council on 17 December 2012 Printed Name .7 Wv R0 & e 1' f Se t- 1' L. ( ( Ai d Signature 31/)14., } u - 't' ,4266 zr,,-to Date i 2 _ 4 - l� Address / S PA', / '1-�. fiej, -/ig, 4, al,, estiq Co-Owner's Printed Name Signature Date Address Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet of my land along Goldfield Road for the expansion, as part of Resolution 12-37 presented to the City Council on 17 December 2012. Printed Name l y l �l fit 1 Signature Date /- f Address ��(� �, 019 !d-e d � : Co-Owner's Printed Name Signature Date Address Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet of my land along Goldfield Road for the expansion, as part of Resolution 12-37 presented to the City Council on 17 December 2012. Printed Name f ` — �eI ,y 1/ � 'i 77 S/ Signature Date / --- a 7 j Address 4a4-- . WI 12 Co-Owner's Printed Name f�� 7 Signature � _ Date ` / —0 Address �-�� GL/j / � gi'1/7 0fd- WS" Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet of my land along Goldfield Road for the expansion, as part of Resolution 12-37 presented to the City Council on 17 December 2012 Printed Name /0 O 4/ te1 / ( ff /9 41 Signature ')- Date ;j Z G Address 3 / 9 1 —� Co-Owner's Printed Name tic/ C /Lf-1-f-A j y Signature ?AI theadi Date lc - alYr I d-- Address 3156 E- a— CJ s Ass Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet of my land along Goldfield Road for the expansion, as part of Resolution 12-37 presented to the City Council on 17 December 2012 Printed Name je er) gesa Ke F" Signature94, Date Oec �7 gQI,2 Address � �(� 1j� �7C'/ fa/ Co-Owner's Printed Name " ' ke/ Signature Date Address /17(YO i2 -At Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet of my land along Goldfield Road for the expansion, as part of Resolution 12-37 presented to the City Council on 17 December 2012. Printed Name 1-1 ICY-0 t Cs/ n Q YNtA e iUrz- t t\(( 67 V" Z1 Signature 1-# c kr,c-P-At ;1/4 -ZZ.,st,*z, `724,/vt,e-4-> A/6-0(..,0--t om(, Date / : _ ,) Address -, >,Iv A) J Co-Owner's Printed Name Signature Date Address Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet of my land along Goldfield Road for the expansion, as part of Resolution 12-37 presented to the City Council on 17 December 2012 --r,�.� �, S J A7c2LL-/t/�S Printed Name � � ,/,�� / /e, Signature � TC C� k �e///�;0 '� Date / 9 , Cie i`t E (ice , //c7 Address / '— i g Co-Owner's Printed Name 7//kL7 7 // CL L /A/S ) Signature --' Ca/n (; rr S C`r `Jc/L'` _ . Date ` - 3 - -' Address Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet of my land along Goldfield Road for the expansion, as part of f Resolution 12-37 presented to the City Council on 17 December 2012. Printed Name ) , 3-AyanQS Signature, Date , — \ 3 Address 1 '3 Iv Co-Owner's Printed Name - 1��Q Signature \“9„, Date — Address ` _> ( \*INI)i`\ Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet of my land along Goldfield Road for the expansion, as part of Resolution 12-37 presented to the City Council on 17 December 2012. Printed Name k RI_ t SPAT f 1 n Signature CO/11) Date 1- - 13 Address J 3 Q S. Go LAFI eLD R10 Co-Owner's Printed Name row. Signature ?ci Date 1 _ � - 1.3 Address 5.-7YS t (co Lodi eLID at>. AIMS Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet of my land along Goldfield Road for the expansion, as part of Resolution 12-37 presented to the City Council on 17 December 2012. Printed Name •.J k. ri 5 Li; Signature . Date / 3 Address / S j6( r/f>G< Co-Owner's Printed Name MCbar L . 1 R 4j6LSignature Date yq,("4,,a/ _...f 2 Address i 3 .� T_ % f /r 4/2, 411111 Dec 2712 05 13p J&S Kelley 41 71-9181 p 2 Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet ofinF land along Goldfield Road for the expansion, as part of Resolution 12- 7 presented to the City Council on 17 December 2012. Printed Name A 2A l3 t21 SGO -- U.T Signature M/4(c_ Date /o/ - Address //S~ Al 174/f an Co-Owner's Printed Name Signature Date Address L d LSEE-€L8-Z96 sesudJe}uB aeTs-21 d90 80 ZL LZ oea Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet of my land along Goldfield Road for the expansion, as part of Resolution 12-37 presented to the City Council on 17 December 2012. Printed Name ) p7 (-C. Signature Date /Q. Q-►. L) /2-- Address CIS` IV Q ( r-C4'' . Co-Owner's Printed Nam/6114.24-: j Q n �.� Crt-4 e, Signature Date /z - ZC - Z-O/ L Address Z61/ LI, 6o /c/ -Pi Lid lei. ArgLilt. cT Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet of my land along Goldfield Road for the expansion, as part of Resolution 12-37 presented to the City Council on 17 December 2012 Printed Name Dck.„). e. I. U ^0 t 1 Signature G 4—� Date /62 -ax2 - 0 a AA Address ) c b(�� (r0 ( f� e k P.A Co-Owner's Printed Name r►S •nc.c. es,A\ Signature � ��.l . Date 42/,1(`j,2 Address S519 N . C-.tott r''rt ci ext. Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet of my land along Goldfield Road for the expansion, as part of Resolution 12-37 presented to the City Council on 17 December 2012. Printed Name /�-�( j l; t of( oc_ Signature Date / / ) / 3 Address 6714- F/&=- -� Co-Owner's Printed Name Signature Date Address Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet of my land along Goldfield Road for the expansion, as part of Resolution 12-37 presented to the City Council on 17 December 2012 Printed Name C- Th- .0' 1\7 Signature ( . Date j J / /3 Address .3 1 j (: p %1 / / 6 1• �bJ Co-Owner's Printed Name Signature Date Address Letter of Opposition to the Expansion of Goldfield Road and Acquisition of 17 feet of Land from Property Owners along Goldfield Road, As part of Resolution 12-37 I am opposed to the expansion of Goldfield Road, and the City of Apache Junction acquiring 17 feet of my land along Goldfield Road for the expansion, as part of Resolution 12-37 presented to the City Council on 17 December 2012 Printed Name i 6 & O S C !C 4'/9 Signature .0 u Date 7/9 N q 19 •� L' Address /f;' te_ l _ lc f jC'f I /9c/ Co-Owner's Printed Name Signature Date Date: j/c-f 3 CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public_ t_ (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yesx' No❑ Only If Necessary ❑ ❑ I am in favor of the proposed Item. XI am opposed to the proposed Item. d Z+ vi 1. a w cur GK Name (Print) /c3z 56 60 IS-Pi-e/t R , 4 zc .4 ,te,t`io rr/fy Address City Zip Code ire) f ,-/ 5-4 i ,t2ak 5 Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation Signature of Parent/Guardian Date 02/23/12 Date: ` CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes No❑ Only If Necessary E ❑ I am in favor of the proposed Item. r I am opposed to the proposed Item. y //1 11) Name (Print) I C /Pf-16), 11) 4 XI- Address City Zip Code k T.; YP- rnkc.6kuoici(5-- . A-01(cA Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the li od that their image wi ppe cable TV and the Internet video stream showing their participation /—/ 5 -J3 Signa ure of Parent/G a Ian Date 02/23/12 Date: / CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes¢\ No Only If Necessary ❑ ❑ I am in favor of the proposed,Item. I am opposed to the proposed Item. icks y (' o // ic Name (Print) L Address City Zip Code 1/- () 9 V) IL/4 ')) Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation Signature of Parent/Guardian Date 02/23/12 Date: aj ' CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yesd No❑ Only If Necessary Li ❑ I am in favor of the proposed Item. r Tam opposed to the proposed Item. (- ) v ,, 1`r s c.�V I, Name (Print) i I I\) ltn, 4.0a.IC( Address City Zip Code ESQ - 2 - 01 gt zJ -A-T \I 4-I,40o tee> _ Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation. Signature of Parent/Guardian Date 02/23/12 Date: CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes❑ No❑ Only If Necessary ❑ ❑ I am in favor of the proposed Item. o I am opposed to the proposed Item. e6z , ./ 2 2 _ ‘Z- /--)(L. 7 a/ + teadL.- Name (Print) 6' e - Wit Jew Address / A 2 S, A r Code s Cit� Zip j7/g° 9f 1z74:70 9>146 LO 4 d4--- Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation 3 S a ure of Parent/Guard n Dat 02/23/12 Date: CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public y (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes❑ NoL] Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. e 1 ) L - O A-4ce. 0 A-' ca p VeaS ci Name (Print) I l0 Sct f )-1,0 Nt Address City Zip Code -40 , nita. 1 , cif , L/ Telephone pf Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation Signature of Parent/Guardian Date 02/23/12 Date: !� CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes❑ No❑ Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. Name (Print) ( 51 1 C/A6fa-S K � Address City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to app:ar and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or vi eo recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that heir ima e will appear on cable TV and the Internet video stream showing their participation Signature . Parent/Guard an Date 02/23/12