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HomeMy WebLinkAbout2013 04.01 City Council Work Session Agenda ppACH J X. �- _ Cif of Apache Juncon 2 Home of the Superstition Mountains uoN� APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 Monday, April 1, 2013 7:00 PM AGENDA 1 CALL TO ORDER. 2 ROLL CALL. 3 PRESENTATION AND DISCUSSION, WITH NONPROFITS AND STAFF,ON THE PROPOSED PROJECTS AND RESOLUTIONS TO BE SUBMITTED TO THE GILA RIVER INDIAN COMMUNITY STATE SHARED REVENUE PROGRAM FOR FISCAL YEAR 2013-2014 Voter approved Proposition 202 provided for Arizona tribes to set aside a percentage of gaming revenue for grant distribution to local governments The law also stipulates that nonprofits may submit applications if the organization is sponsored by an appropriate municipality As approved by the city council in 2011,the city extended an invitation to local nonprofits to request council's sponsorship of their projects Four local nonprofits have submitted a request,staff has also submitted a request 4 PRESENTATION AND DISCUSSION OF IDEAS FOR RESOLUTIONS FOR THE LEAGUE OF ARIZONA CITIES AND TOWNS Each year the council has the opportunity to submit resolutions to the League of Arizona Cities and Towns Resolutions Committee at the League's Annual Conference These resolutions drive the creation of the following year's legislative platform. Historically the League sends out information packets in May with instructions on the process Tonight's meeting is the opportunity for council to discuss what topics they may want staff to prepare resolutions for or what topics to cosponsor Also, last year the council directed staff that the city manager may submit resolutions and/or cosponsor resolutions upon receiving authorization from the mayor without council action The council may wish to continue or change this process .-.c PRESENTATION AND DISCUSSION ON PROPOSED CASES PZ-2-13 AND SD-1-13, REQUESTS BY ADAMS CONSTRUCTION AND MANAGEMENT COMPANY AND PATHFINDER TRF SIX LLC, REPRESENTED BY BEUS GILBERT PLLC, FOR A PLANNED DEVELOPMENT MAJOR AMENDMENT AND VACATION OF SUBDIVISION PLAT OF THE IDAHO CREEK VILLAS-PHASE 3 PROPERTY,IN FAVOR OF A NEW DEVELOPMENT TO BE CALLED APACHE JUNCTION VILLAS. The CR-5/PD(Multiple-family Residences/Townhomes by Planned Development)zoned property at the southeast corner of W.Tepee Street and N Plaza Drive was zoned and platted for a 2-story,47-unit,townhomes development which went into default and was never constructed The new owners wish to dissolve the existing subdivision plat and amend the development plan for the property to instead construct 26 duplex rental apartments(52 total units)for seniors only, under the state's Low Income Housing Tax Credit Program 6. ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through Thursdays, 7 00a—6 00p,excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at(480) 474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time. ACN Am,. �. • - Ci of A ache once*on o Home of the Superstition Mountains 1•low- Print TO: City Manager's Office FROM: Heather Patel, Grants Coordinator DATE: April 1, 2013 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM• PRESENTATION AND DISCUSSION, WITH NONPROFITS AND STAFF, ON THE PROPOSED PROJECTS AND RESOLUTIONS TO BE SUBMITTED TO THE GILA RIVER INDIAN COMMUNITY STATE SHARED REVENUE PROGRAM FOR FISCAL YEAR 2013-2014 ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: Voter approved Proposition 202 provided for Arizona tribes to set aside a percentage of gaming revenue for grant distribution to local governments. The law also stipulates that nonprofits may submit applications if the organization is sponsored by an appropriate municipality As approved by the city council in 2011, the city extended an invitation to local nonprofits to request council's sponsorship of their projects Four local nonprofits have submitted a request, staff has also submitted a request FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES statutory Requirement RECOMMENDATION: Staff respectfully recommends that Council review and discuss the proposed projects and resolutions and ask questions of the representatives present ATTACHMENTS: Click to download U Staff Report L] Attachments 1-5 Project Summaries 0 Resolution 13-04 D Resolution 13-05 0 Resolution 13-06 I] Resolution 13-07 1.7 Resolution 13-08 Am, it "-ACHE- . � ti City of Apache Junction Development Services Department MEMORANDUM DATE: March 21, 2013 TO: The Honorable Mayor and City Council THROUGH• George Hoffman, City Manager Brad Steinke, Development Services Director Roger S Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Coordinator SUBJECT. Gila River Indian Community State Shared Revenue Program Grant Applications For Fiscal Year 2013-2014 REQUEST Presentation and discussion, with non-profit organizations and staff, on the proposed projects and resolutions to be submitted to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2013-2014. The resolutions are a mandated part of the Gila River Indian Community grant applications BACKGROUND In November 2002, the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Arizona and the Native American tribes An important provision of Proposition 202 was the sharing of gaming revenues with the State. Henceforth, tribes would be assessed by the State a percentage of their gross gaming revenue Tribes had the option of either paying all of this assessment into a State managed fund or to pay 88% of the assessment into the State managed fund and retain 12% of the assessment for distribution as grants The Gila River Indian Community ("GRIC") exercised its option to retain and administer 12% of State shared revenue. Known as the Gila River Indian Community State Shared Revenue Program, the Program makes "Distributions to cities, towns, or counties for government services that benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development " Gila River's policy is to generally limit the distributions to cities, towns, and counties in Maricopa and Pinal Counties. Funding priorities include 1) Public Safety (police, fire, EMS), 2) Transportation, 3) Health Care Services, 4) Economic Development, and 5) Education. The law also stipulates that local nonprofits may submit applications to tribal entities if the nonprofit organization is "sponsored" by an appropriate municipality. In such cases, the municipality agrees to act as a conduit for the grant funds The municipality receives the grant funds from the tribal entity and in turn issues a check to the nonprofit agency On August 2, 2011, the City Council approved the City of Apache Junction Indian Community State Shared Revenue Program Local Nonprofit Participation policy The purpose was to delineate criteria which the City may utilize to determine "sponsorship" of a nonprofit organization for participation in the Indian Community State Shared Revenue Program On February 13, 2013, the City of Apache Junction advertised a call for non-profits to attend an informational meeting on February 27, 2013 Attendees were advised on the application process Project summaries were due to the City of Apache Junction by March 14, 2013 for consideration by the City Council The following projects were submitted for Council consideration and sponsorship American Legion Apache Post 27 Transportation $59,294.00 Charity Never Faileth Education $73,798 80 East Valley Adult Resources Transportation $127,500 00 Superstition Search & Rescue Public Safety $30,000.00 The following are applications proposed to be submitted by the City of Apache junction Economic Development Public Art $10,460.00 Summaries of the proposed projects can be found as Attachments 1-5 DISCUSSION The City's policy indicates that projects may be considered for sponsorship if the applicant meets certain criteria "An organization may be considered for sponsorship by the City Council if it is legally recognized by the Internal Revenue Service as a 501 (c) 3 organization, is in good standing in the City (e.g. current business license), and provides a service to the residents of Apache Junction". Additional criteria include An organization may be considered for sponsorship if its grant application is not determined by City staff to be in competition with an application to be submitted by the City to the same tribal community during the same funding cycle City staff will meet with an agency requesting sponsorship to determine if the agency. 1) serves Apache Junction residents, 2) addresses an identified community need; 3) maintains necessary City registration(s), and 4) maintains Directors and Operators Insurance coverage (See Section V) Based upon this information, staff will prepare a recommendation of sponsor/do not sponsor and submit to the City Council for consideration Adak .016. Below is a breakdown of the criteria as they relate to each applicant and the proposed project, exclusive of the City application Criteria American Legion Charity Never EVAR SSAR Faileth 501 ( c) 3 501 (c ) 19 Yes Yes Yes acceptable by GRIC City license 13-055539 44-742986 07-033233 No .-. Will project serve Yes Yes Yes No residents Similar to AJ No No No No application Addresses a Transportation Education Transportation Public Safety Need 1)Directors and Yes No liability Yes Yes Operators, and 2)Liability Insurance Financial Review Yes No Yes Yes The City is required to adopt resolutions for applications to be submitted The following resolutions are presented for discussion and will be placed on the consent agenda on April 16, 2013. American Legion Apache Post 27 Resolution No 13-04 Charity Never Faileth Resolution No 13-05 East Valley Adult Resources Resolution No 13-06 Superstition Search & Rescue Resolution No. 13-07 City of Apache Junction Economic Development Resolution No 13-08 The resolutions referencing the non-profit projects stipulate that. • The application has been approved for submittal, • If the project is funded, the Mayor is authorized to execute a pass-through agreement; • The City has no duties other than to deliver the grant funds to the applicant, and • The applicant shall provide the City with copies of all information submitted to the GRIC The resolution referencing the City of Apache Junction project stipulates that • The application has been approved for submittal. RECOMMENDATION Staff respectfully recommends that Council review and discuss the proposed projects and resolutions and ask questions of the representatives present. ACTION REQUIRED Review and discuss projects and resolutions I► _ Attachment 1 American Legion Apache Post 27 project summary Attachment 2. Charity Never Faileth project summary Attachment 3. East Valley Adult Resources project summary Attachment 4 Superstition Search & Rescue project summary Attachment 5 City of Apache Junction Economic Development project summary Attachment 6 Resolution No 13-04 Attachment 7 Resolution No 13-05 Attachment 8 Resolution No 13- 06 Attachment 9. Resolution No. 13- 07 ...... Attachment 10. Resolution No. 13-08 I\ I► Attachment 1 Applicant: American Legion Apache Post 27 Project Veteran's Transportation- Purchase of a 12-passenger van for medical and patriotic events, including vehicle insurance Community Need to Be Addressed: The American Legion Apache Post 27 is seeking to purchase a 12-passenger van to ensure the neediest Veterans are able to seek out and receive medical care. Elderly, disabled and low income Veterans lack adequate and consistent transportation for medical appointments to and from the Veteran's Administration Hospital in Phoenix and medical clinic located in Mesa The American Legion Apache Post 27 currently coordinates transportation services through the help of volunteers for those Veterans who can no longer drive themselves. Through this effort, volunteers average 60 trips to the V A travelling over 4,200 miles each year Volunteers offer their time and do not recoup the cost for this service, thus the American Legion is seeing a decline in willing volunteers In addition to providing needed transportation for medical appointments, transportation for the Honor and Color Guard is needed. The Guard provides patriotic services to the City of Apache Junction. These services include but are not limited to parades, funerals, flag ceremonies; and educational programs. Specifically, the Veteran's Day Parade, 9/11 programs for the Apache Junction Unified School District, Focal Point Massing of Colors, Multi-generation Center Program, Flag ceremonies, and Rifle shoot for Veteran's Day. Between 2005 and 2011, the Guard offered services for 47 funerals, 26 memorials, and 116 postings Transportation will ensure the Honor and Color Guard continues with their outreach into the community Duration. 1 year Project Budget: 2014 12 passenger van — purchased locally $35,194 00 Insurance for 7 years $24,100 00 Amount Requested: $59,294.00 Other Funders/partners• .4•., The American Legion will pay for fuel and maintenance. Anticipated Outcomes: The American Legion will provide 100 reliable trips to the V A. Hospital in the first year All Mk. Attachment 2 Applicant. Charity Never Faileth Project YOUth are Special! 1) Provide free of charge educational opportunities to all within the target age groups and their families in Apache Junction 2) Twenty-four hour seven days a week free access on the internet to the YOUth are Special! Web site that offers educational opportunities to assist in learning life skills and to following through and provide support in maintaining their goals �► 3) At this website there will be a 24/7 mentoring program, entitled, "Mentor Dad". 4) Offer a variety of volunteer opportunities within the Apache Junction Parks and Recreation programs for youth sports 5) Set up Volunteer Opportunity Data Base for youths within Apache Junction 6) Coordinating with the Apache Junction Public Library system in providing free education classes 7) Special Events and activities with youths and will be set up to promote positive awareness of our Program 8) This will be in calibration with the Woodsman Group, the Apache Junction Parks and Recreation, Boys and Girls Club, and Public Library 9) Provide transportation for youths to our programs and will be handicap accessible. Community Need to Be Addressed. Our priority with our"YOUth are Special" program is educating our youth within Apache Junction and assisting them in succeeding in life. Our target population is divided within two ranges. The first age group is 16-25 and the second is 6- 16. In these age groups these youths are faced with ever-increasing situations that challenge their everyday life from peer pressure, gang affiliation, drug and alcohol abuse and neglect of all sorts Many do not have an established system of support to handle these extreme challenges in their lives and thus become easy targets to perpetrators. Duration' 1 year Project Budget. YOUth Service & Education $16,000 00 Research & Personnel Team $25,000 00 Insurance $2,399.40 Legal team $4,899 40 Transportation $7,500 00 Communication &Awareness $18,000 00 Amount Requested. $73,798 80 Other Funders/partners: Our long term funding will be supplemented with sponsorship from Apache Junction local businesses and donations from individuals that are part of this wonderful community. Anticipated Outcomes. 1. CNF sets up measuring system for accountability in the first phase of the program and to also to be able to monitor the success rate of the program 2. To provide a safe and positive environment for all youths and their families, this will be coordinated with the Public library and Parks and Recreations 3. To support over 1,000 youths in Apache Junction within the first year of the program Attachment 3 Applicant: East valley Adult Resources Project Senior Transportation Program The project proposes to provide the following transportation services to those seniors and disabled adults no longer able to drive. At least 20 persons daily to and from the Active Adult Center for lunch, health education, exercise, and other programs, 50 people to doctor appointments monthly, 100 trips monthly to purchase nutritional and other needed products from local retailers, and Enhanced medical transportation to the Southeast Veterans Clinic from one day a week to an "as requested" component of the system .-. Community Need to Be Addressed. The Apache Junction Active Adult Center operates a schedule only transportation service for disabled and older adults providing direct assistance in getting to the center, grocery and medical appointments. The medical appointment component now includes direct medical transportation assistance to the Southeast Veterans Affairs Health Care Clinic for veterans. Transportation services are provided through the use of four vehicles and part-time drivers The vehicles have been obtained through a variety of grants over the past several years The Apache Junction Active Adult Center with their door to door van transportation service has made it possible for 156 (67% over the age of 75) of older adults to remain independent this year by providing access to food, medical care, social services and activities. The demographics of the recipients of the transportation service are over 75 years, have at least one chronic illness and no longer drive. Duration. October 1, 2013 to September 30, 2016 Project Budget: Staff wages $48,976 X 3 Staff ERE $ 7,346 X 3 Vehicle operations/maintenance $ 21,720 X 3 Communications $ 1,000 X 3 Misc $ 451 X 3 Total $ 79,473 x 3 = $238,419 Amount Requested. $127,500 Other Funders/partners• Projected annual funding includes $20,000 from the Pinal/Gila Council for Senior Citizens, $12,000 from the Section 5317 New Freedom Program (federal funds administered by ADOT); $4,973 donations from program recipients. Anticipated Outcomes: It is anticipated that the grant funds will enable the Senior Transportation Program to annually provide. 664 doctor appointments trips, 6,900 trips to and from the Active Adult Center, 1,250 trips to purchase nutritional and other needed products from local retailers, and 210 trips to the Southeast Veterans Clinic Each trip is 22 miles each way. Attachment 4 Applicant. Superstition Search & Rescue Project UAV Helicopter Community Need to Be Addressed: The UAV helicopter will assist our Community Emergency Response Team's search and rescue operations in urban and wilderness environments in saving lives by locating sought after and missing persons, quicker, safer and using less personnel when assisting the Apache Junction .•. Police, Fire and City Authorities. Duration: 1 year Project Budget. Complete Unit&Acc Cost $21,000 Training &Travel $2,000 Extra batteries/spare parts $2,000 Sustain program/misc. cost $5,000 Amount Requested. $30,000 Other Funders/partners• Citizens and community donations Anticipated Outcomes: Improve public safety and assist city objectives. Attachment 5 Applicant: City of Apache Junction Economic Development Department Project Public Art—Old West Highway Pedestals Community Need to Be Addressed. Economic Development, Downtown Revitalization, Beautification. As part of the City's ongoing economic development efforts, the City Council adopted the Downtown Redevelopment and Implementation Strategy. This important strategy is intended to create a downtown that is vibrant and reflects the heritage of the community as it evolves into a 21st century city The goal is to create a downtown environment that is attractive to residents/visitors a.k.a. consumers, as well as to new private business investment hence creating more opportunities for jobs and to help create a stronger base to boost the local economy. Part of the strategy includes introducing a component for public art that will aid in creating a sense of place and identification for the downtown core. It will additionally engage the local arts community and provide an opportunity for them to commission and fabricate the work Duration: Design, fabrication, installation —assuming an early 2014 grant award, the project could be completed prior to FY ending June 30, 2014 Project Budget 2 Art Pieces $10,460 Amount Requested: $10,460 Other Funders/partners City funding/partners art advisory group, local artists Anticipated Outcomes. The City has made a significant investment of median enhancements (drainage improvements, the addition of landscaping, along with three pedestals intended to hold public art) along Old West Highway, a major gateway into the downtown and a very visible intersection for visitor traffic heading toward our nearby outdoor recreational opportunities (lakes, mountains, state park, equestrian facilities, etc.). Currently, only one of the pedestals has an art sculpture This funding would provide artwork for the two currently empty art pedestals by adding iron sculptural art This will be the finishing touch to the Old West Highway median enhancement project The community feedback on the improvements made and the initial piece of public art have been overwhelmingly positive By completing the project, we will have successfully created a gateway that will esthetically encourage"passers-by" to explore downtown Apache Junction and enhance the economic viability of our businesses and local economy by significantly increasing the number of visitors We will have transitioned from an uninviting and bland "front door"to an inviting, safe, attractive and unique first impression. ON ON RESOLUTION NO. 13-04 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS . WHEREAS, in 2002, Proposition 202 authorized new gaming g g compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues, and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that• 1) benefit the general public; 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, private, not-for-profit organizations wishing to access Proposition 202 funding to provide public benefits must secure sponsorship from a city, town or county before making application. Said sponsorship must be expressed in a resolution passed by the local government sponsor; and WHEREAS, the Gila River Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and CS WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: Section 1 : Staff is authorized to submit an applicati on, on behalf of American P Legion Apache Post 27, to the Gila River Indian g Community for Proposition 202 funds, and the Mayor is authorized RESOLUTION NO. 13-04 PAGE 1 OF 3 to sign the application, contracts and grant documents for receipt and distribution of the Proposition 202 funds for the operation of the Veteran' s Transportation Program in an amount not to exceed $59, 294 . 00 Section 2• The Mayor is authorized to execute a grant pass-through agreement between the City of Apache Junction and the American Legion Apache Post 27 for use of the funds if the grant is awarded. Section 3. The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application Section 4 : The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding Section 5: The City has no duties under or related to this resolution other than to receive the funds and deliver same to American Legion Apache Post 27; the determination as to the amount of funding is solely at the discretion of the Gila River Indian Community All parties agree there are no third-party beneficiaries to this document. Section 6- If awarded funding, American Legion Apache Post 27 will provide the City of Apache Junction copies of all reports and documents related to the project funded by the Gila River Indian Community. Section 7 : The City Council supports this grant request for funding and if RESOLUTION NO. 13-04 PAGE 2 OF 3 ON awarded will administer the funds directly to American Legion Apache Post 27 as a pass-through grant 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 S INSALACO Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney OIN RESOLUTION NO. 13-04 PAGE 3 OF 3 Ask oi■Rik RESOLUTION NO. 13-05 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS . WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that • 1) benefit the general public; 2) mitigate the impacts of gaming, and/or 3) promote commerce and economic development; and WHEREAS, private, not-for-profit organizations wishing to access Proposition 202 funding to provide public benefits must secure sponsorship from a city, town or county before making application. Said sponsorship must be expressed in a resolution passed by the local government sponsor, and WHEREAS, the Gila River Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program, and WHEREAS, the Community developed an expanded list of oink "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS. Section 1 : Staff is authorized to submit an application, on behalf of Charity Never Faileth, to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the RESOLUTION NO. 13-05 PAGE 1 OF 3 application, contracts and grant documents for receipt and distribution of the Proposition 202 funds for the operation of the YOUth are Special ' Project in an amount not to exceed $73, 798 . 80. Section 2. The Mayor is authorized to execute a grant pass-through agreement between the City of Apache Junction and the Charity Never Faileth for use of the funds if the grant is awarded Section 3 The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application. Section 4 . The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 5. The City has no duties under or related to this resolution other than to receive the funds and deliver same to Charity Never Faileth, the determination as to the amount of funding is solely at the discretion of the Gila River Indian Community. All parties agree there are no third-party beneficiaries to this document. Section 6• If awarded funding, Charity Never Faileth will provide the City of Apache Junction copies of all reports and documents related to the project funded by the Gila River Indian Community. Section 7 . The City Council supports this grant request for funding and if awarded will administer the funds directly to Charity Never Faileth as a pass-through grant. RESOLUTION NO 13-05 PAGE 2 OF 3 0114 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 S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J STERN City Attorney RESOLUTION NO 13-05 PAGE 3 OF 3 RESOLUTION NO. 13-06 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues, and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that• 1) benefit the general public, 2) mitigate the impacts of gaming, and/or 3) promote commerce and economic development; and WHEREAS, private, not-for-profit organizations wishing to access Proposition 202 funding to provide public benefits must secure sponsorship from a city, town or county before making application Said sponsorship must be expressed in a resolution passed by the local government sponsor; and WHEREAS, the Gila River Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: Section 1 : Staff is authorized to submit an application, on behalf of East Valley Adult Resources, to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the RESOLUTION NO 13-06 PAGE 1 OF 3 application, contracts and grant documents for receipt and distribution of the Proposition 202 funds for the operation of the Senior Transportation Program in an amount not to exceed $127, 500 . Section 2 : The Mayor is authorized to execute a grant pass-through agreement between the City of Apache Junction and the East Valley Adult Resources for use of the funds if the grant is awarded. Section 3 : The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application Section 4 • The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 5 : The City has no duties under or related to this resolution other than to receive the funds and deliver same to East Valley Adult Resources; the determination as to the amount of funding is solely at the discretion of the Gila River Indian Community. All parties agree there are no third-party beneficiaries to this document. Section 6: If awarded funding, East Valley Adult Resources will provide the City of Apache Junction copies of all reports and documents related to the project funded by the Gila River Indian Community. Section 7 • The City Council supports this grant request for funding and if RESOLUTION NO 13-06 PAGE 2 OF 3 eIN awarded will administer the funds directly to East Valley Adult Resources as a pass-through grant. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013 SIGNED AND ATTESTED TO THIS DAY OF , 2013 . OmN JOHN S. INSALACO Mayor ATTEST . KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 13-06 PAGE 3 OF 3 RESOLUTION NO. 13-07 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that. 1) benefit the general public; 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, private, not-for-profit organizations wishing to access Proposition 202 funding to provide public benefits must secure sponsorship from a city, town or county before making application. Said sponsorship must be expressed in a resolution passed by the local government sponsor; and WHEREAS, the Gila River Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program, and WHEREAS, the Community developed an expanded list of /N "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS. Section 1 . Staff is authorized to submit an application, on behalf of Superstition Search & Rescue, to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign RESOLUTION NO. 13-07 PAGE 1 OF 3 r .0111. the application, contracts and grant documents for receipt and distribution of the Proposition 202 funds for the operation of the UAV Helicopter project in an amount not to exceed $30, 000 . 00 . Section 2 : p The Mayor is authorized to execute a grant pass-through agreement between the City of Apache Junction and the Superstition Search & Rescue for use of the funds if the grant is awarded Section 3 : The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application Section 4 . The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 5 . The City has no duties under or related to this resolution other than to receive the funds and deliver same to Superstition Search & Rescue, the determination as to the amount of funding is solely at the discretion of the Gila River Indian Community. All parties agree there are no third-party beneficiaries to this document. Section 6• If awarded funding, Superstition Search & Rescue will provide the City of Apache Junction copies of all reports and documents related to the project funded by the Gila River Indian Community. Section 7 : The City Council supports this grant request for funding and if RESOLUTION NO. 13-07 PAGE 2 OF 3 awarded will administer the funds directly to Superstition Search & Rescue as a pass-through grant. 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 S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM RICHARD J. STERN City Attorney ems RESOLUTION NO. 13-07 PAGE 3 OF 3 RESOLUTION NO. 13-08 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS. WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that. 1) benefit the general public; 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, the Gila River Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: Section 1 . Staff is authorized to submit an application to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the application, contracts and grant documents for receipt and use of Proposition 202 funds for support of Public Art in an amount not to exceed $10, 460. 00. Section 2 . The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the RESOLUTION NO 13-08 PAGE 1 OF 2 application. Section 3• The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. 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 S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD J STERN City Attorney RESOLUTION NO. 13-08 PAGE 2 OF 2 lopyik.Ch .1 ,M • Cz(y of Apache junc1Zon Home of the Superstition Mountains Print TO: City Manager's Office FROM Matt Busby, Assistant to the City Manager DATE April 1, 2013 Agenda Type . Work Session Agenda Council Priority Focus Area Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM PRESENTATION AND DISCUSSION OF IDEAS FOR RESOLUTIONS FOR THE LEAGUE OF ARIZONA CITIES AND TOWNS. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: Each year the council has the opportunity to submit resolutions to the League of Arizona Cities and Towns Resolutions Committee at the League's Annual Conference These resolutions drive the creation of the following year's legislative platform Historically the League sends out information packets in May with instructions on the process. Tonight's meeting is the opportunity for council to discuss what topics they may want staff to prepare resolutions for or what topics to cosponsor Also, last year the council directed staff that the city manager may submit resolutions and/or cosponsor resolutions upon receiving authorization from the mayor without council action. The council may wish to continue or change this process. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES. Policy Discussion (list specific options/alternatives) RECOMMENDATION: Staff intends to bring this item back for direction to staff at the April 16 regular session Staff recommends that at that council meeting direction to staff is given that the city manager may submit resolutions and cosponsor resolutions to the League on behalf of the city with prior authorization of the mayor. ATTACHMENTS: Click to download D 2013 final resolutions * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * League of Arizona Cities AND lowns 2013 FINAL RESOLUTIONS As adopted By the Resolutions Committee For the 2013 Municipal Policy Statement On August 28, 2012 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Resolution#1 The cities and towns of Arizona request that the Arizona Legislature demonstrate its commitment for fiscal accountability and economic development by enacting a budget that does not interfere with existing statutory formulas for the distribution of funds to local governments as well as restores funding to programs that aid local government with infrastructure and job creation. The Legislature is especially urged to discontinue diversions of Highway User Revenue Fund monies to fund the operations of state agencies. 011 Submitted by: Bullhead City, City of Kingman, Lake Havasu City, Yuma,Apache Junction, Sierra Vista ************ A. Purpose and Effect of Resolution The purpose of the resolution is to assert that the League and its members believe in fiscal accountability; money collected and designated for a specific purpose should be used for that purpose The effect of the resolution will be to restore proper funding streams,resulting in increased funding for an array of projects. Specifically, the Highway User Revenue Fund (HURF), State Lake Improvement Fund(SLIF), Statewide Transportation Acceleration Needs (STAN)account,the Hentage Fund, and Local Transportation Assistance Fund(LTAF)are all areas where funds have been swept,diverted or eliminated. This resolution seeks to return those programs to a fully funded status With respect to HURF, funding sources include fuel taxes, motor Garner fees,vehicle license taxes and motor vehicle registration fees Statutes provide a method of distributing these funds among the state, counties, and cities for the purpose of construction, improvements and maintenance of streets and roadways within their jurisdictions The State has swept portions of these revenues for several years, mainly to support DPS. These sweeps affect every municipality and county m the state Delayed maintenance on streets has caused many streets to now need total replacement, at a much greater cost Arizona is no longer a place for new commerce and /N industry to locate because of the poor condition of transportation infrastructure. In addition to the direct impact on cities' streets and roadways, this slowdown and halt of street construction and maintenance has cost jobs. The Arizona chapter of the Associated General Contractors estimated in 2011 that an estimated 42,000 jobs have been lost due to the lack of highway construction. This loss has had a negative impact on the economic viability of the State B. Relevance to Municipal Policy Municipalities rely on items like HURF, LTAF, SLIF and Heritage funds to help bear the costs of local projects that provide both local and statewide benefits Every municipality will benefit if funds like HURF, LTAF, SLIF and Heritage funds are allowed to distribute monies as specified in state law 1 With regard to HURF, the longer the attention to street maintenance is neglected,the more costly it becomes to bring streets up to even average condition Many Arizona counties, cities, and towns experience a significant rise in population during the winter months The declining street infrastructure negatively affects the state's tourism industry and makes other warm states more attractive to these visitors. C. Fiscal Impact to Cities and Towns The current diversion of HURF annually costs cities and towns $36 5 million A restoration of LTAF would provide millions in funding to municipalities outside of"Area A " D. Fiscal Impact to the State Generally there will be a negative impact to the state only to the extent that funds are not currently being distributed according to statutory formulas and are instead being diverted to the state general fund E. Contact Information Name• Toby Cotter Title City Manager Phone. 928-763-0122 Email tcottter(auibullheadcity corn Name• Connie Scoggms Title Assistant City Attorney Phone. 928-373-5055 Email. Connie scoggins(ayumaaz gov 2 Resolution#2 Urges the Legislature to support economic development of cities and counties, and to increase access to new tools, such as the formation of Revenue Allocation Districts, which allow cities and towns to invest future revenue in economic development projects. Submitted by: City of Yuma, Lake Havasu City, City of Sierra Vista, City of Kingman, City of Bullhead City ************ A. Purpose and Effect of Resolution The purpose of this resolution is to encourage greater economic development through collaborative partnerships between cities, counties and the state By working together, a synergy can be formed that will increase the effectiveness beyond the sum of each working individually. It is important that economic development contmue to be a goal for the League and partnerships will help achieve that goal. Large-scale economic development projects are a tremendous catalyst for job creation and economic growth in Arizona cities and towns. However, in today's financial environment, financing the upfront costs of large projects, which often include substantial public components, can often be difficult, if not daunting Creating a Revenue Allocation District may help solve this dilemma by allowing anticipated revenues from a completed project to be used to finance key components of the project itself. For example, if Lake Havasu City wanted to encourage redevelopment of the English Village area around the London Bridge, the city could form a Revenue Allocation District around the area The dollar amount of TPT and property tax collected from within the English Village district would be established as the base on the date that district was formed. In future years, any increase in either of these revenue streams above the established base could be used by the district to fund public improvements within the district Most importantly,the district would have the authority to issue bonds to help finance the project and those bonds would be repaid by new revenue generated within that district B. Relevance to Municipal Policy Cities and towns drive the economy. Joint economic development efforts will strengthen the ability of all to accomplish the common goal of improving our economy Revenue Allocation Distncts would give cities another option for supporting economic development projects. C. Fiscal Impact to Cities and Towns By partnering, a greater economic effect is possible for all entities involved. Partnering for economic development will bring jobs, reduce unemployment, and provide new revenues for cities, counties and the state. Supporting local governments' efforts to bring business to Arizona 3 would allow both the state and local governments to experience increased employment and tax revenues Revenue Allocation Distracts capture only the city portion of new revenue that is generated as a result of a project being built. Other taxing jurisdictions such as schools and community colleges would not be affected Municipal taxpayers located outside the distract would also be held harmless D. Fiscal Impact to the State State programs are critical in the effort to attract new business to Arizona and to assist local businesses considering expansion in Arizona versus another state By creating and funding economic development programs to support local governmental efforts' to bring business to Arizona, both the state and local governments would experience increased employment and tax revenues Encouragmg and supporting economic development partnerships between cities and counties to bring business into the state can increase revenues to the State No state funds would be involved in the funding of Revenue Allocation Districts because the districtpertains onlyto the cityportion of the TPT and roe tax. However,the state property rtY would receive increased income tax collections from the new employees that work within the district as well as mcreased corporate income tax receipts from the companies that move into the district E. Contact Information Name. Connie Scoggms Title. Assistant City Attorney Phone. 928-373-5055 Email. connie scoggins(a,yumaaz.gov Name Charlie Cassens Title. City Manager,Lake Havasu City Phone. 928-453-4141 Email. cassensc(a,lhcaz gov PIN Resolution #3 Allow municipalities to receive credit for excess solar generation beyond that needed at publicly owned sites where the solar generation may occur, and apply that credit to power consumption at other city, town, or county sites/facilities Submitted by: City of Sedona, City of Flagstaff, Town of Clarkdale, City of Kingman ************ A. Purpose and Effect of Resolution This will clearly provide a basis for use of solar generated power to generate power more nearly commensurate with an agency's total power consumption where the area to do so exists. This is consistent with increasing the use of alternative energy sources within the State in a sustainable way B. Relevance to Municipal Policy The reduction of municipal costs can often be secured through allowing development of alternative energy facilities on municipal properties Currently the amount of energy that can be developed for municipal use at beneficial pncmg is limited to that which can be used at the facility where the energy is being generated. This means that development of more energy is discouraged, even though the municipality has energy demands at locations where it may not be possible to place an energy generation facility This resolution,by allowing the power generated at one location to be credited for other municipal locations, encourages efficient development of alternative energy sources on a municipal scale,which is likely to be more economic for the benefit received C. Fiscal Impact to Cities and Towns Cities may be able to more economically develop alternative energy sources. D. Fiscal Impact to the State None is anticipated E. Contact Information Name- Charles Mosley Title Public Works Director/City Engmeer Phone- 928-204-7132 Email cmoslevna,SedonaAZ gov 5 omiN "IN Resolution#4 Request that A.R.S. 34-603 CIe, concerning the use of the procurement or final list for qualification based selection processes;allow the use of such final list until a contract for construction is entered into. The Agent may pursue negotiations for pre-construction services with other persons on the list provided that the agent shall not in that procurement recommence negotiations or enter into a contract for the construction or professional services covered by the final list with any person or firm on the final list with whom the agent has terminated negotiations. Submitted by: City of Sedona, Town of Camp Verde, Town of Clarkdale ************ A. Purpose and Effect of Resolution In 2010 section 34-603 Cl e was added to A R S regarding procurement of construction services using non-bid methods(alternative procurement) The impact of this addition was to require agents to restart the alternative procurement process or bid construction projects in the event that a construction price could not be negotiated. The impact of the proposed change is to allow the agent to utilize another person or firm on the list m the event that a construction price could not be negotiated with the initially selected party The resolution prohibits reopening negotiations with a party if they have been terminated Only one party may be negotiated with at a time The current law prohibits an option that had been previously allowed, due to silence of prior legislation The restriction imposed by the current legislation places the agent at the mercy of a contractor late into the project development process when the construction price is being negotiated. The contractor may insist on unreasonably high negotiated pnce. In this case the agent is forced to bid the project, or restart the procurement process, or accept the high price Bidding the project may not be desirable when project familiarity is important to an agent in pursuing construction of a project(for instance business area improvement projects), and may result in loss of the ability to contain construction claims. Restarting the procurement procedure may unreasonably delay the project Accepting the high pnce is a disservice to the public The City of Sedona was able in 2009 to construct a project by using the second low proposer when it could not obtain a satisfactory price from the first ranked proposer This allowed the project to successfully contmue to construction,using the benefits of the Construction-Manager- at-Risk approach The first ranked proposer's price was well above the engineer's estimated price, while the second was much more in line The project was successfully completed,with return of some unneeded funds B. Relevance to Municipal Policy Alternative Delivery Methods have benefits beyond costs,however,when the process allows a contractor to attempt to push an agent to reject excessive costs, at the risk of losing these benefits for the project,the public is placed at an unfair disadvantage. Modifying the process to give the 6 agent the option to continue with the Alternative Delivery Method without excessive loss of time due to starting the procurement over again, or other disadvantages seems to be m keeping with allowing the use of Alternative Delivery Methods in the first place As a matter of public policy it does not seem that qualification based selection processes should reduce incentives for unfair pncmg The public policy concern regardmg bid-shopping is dealt with by the allowing negotiations with only one proposer at a time, and prohibiting reopening closed negotiations. IC. Fiscal Impact to Cities and Towns Cities would be more assured of being able to secure realistic pricing using Alternative Delivery Methods, from the initially selected proposer, while maintaining the benefits on appropriate projects of using these delivery methods D Fiscal Impact to the State None anticipated E Contact Information Name Charles Mosley Title. Public Works Director/City Engmeer Phone. 928-204-7132 Email. cmosley@sedonaaz gov 7 p oigiN Resolution#5 Amend the Arizona State Statutes to require the Alternative Contribution Rate (ACR)paid by employers to the Arizona State Retirement System(ASRS)for employees who retire from an employer participating in ASRS and later return to work for an employer participating in ASRS to be applicable only to employees hired after July 1, 2011. This essentially holds employers harmless for hiring decisions made prior to the passage of pension reform legislation in 2011. For hires made after July 2011, employers knew that they would be responsible for paying the ACR for employees who met the criteria. Submitted by: Town of Queen Creek, City of Apache Junction, City of Kingman ************ A. Purpose and Effect of Resolution In 2011 the Arizona State Legislature passed a comprehensive pension reform package that included the establishment of an Alternative Contribution Rate (ACR) The ACR is to be paid by employees who retire from an employer participating in the Arizona State Retirement System (ASRS) and later return to work for an employer participating m ASRS The employer is responsible for paymg the ACR As the law was passed the ACR is to be paid for employees hired both before and after the passage of the legislation This resolution would amend Anzona State Statutes to require the ACR paid to ASRS be applicable only to employees hired after July 1,2011 This essentially holds employers harmless for hiring decisions made pnor to the passage of pension reform legislation in 2011. For hires made after July 2011, employers knew that they would be responsible for paying the ACR for employees who met the criteria B. Relevance to Municipal Policy This is relevant to municipal policy because it impacts local hiring decisions as well as municipal budgets. Many smaller cities and towns have difficulty attracting experienced applicants to fill senior positions within their organizations. Often times budget limitations prevent small cities from being able to offer competitive salary packages The solution for many cities and towns is to hire individuals who have retired from other communities This allows the municipality to hire an expenenced individual at a salary the municipality can afford The pension reform package passed by the Arizona State Legislature in 2011 now requires municipalities to pay an ACR to ASRS for these types of employees This is not an expense that municipalities anticipated for employees hired before 2011 The proposed resolution does not oppose the concept of the ACR, but does make it applicable only to employees hired after July 2011 This insures that municipalities have the opportunity to be informed about the costs associated with hiring individual before making that hiring decision and holding cities and towns harmless for hiring decisions made prior to 2011 8 C. Fiscal Impact to Cities and Towns The anticipated positive fiscal impact to cities and towns is $250,000 The total amount of ACR paid by cities and towns statewide for employees hired before July 1,2011 is unknown For the Town of Queen Creek if this legislation is signed into law,it will translate to an annual savings of$20,000 D. Fiscal Impact to the State The estimated positive impact to the State of Arizona budget is $2 million dollars because the State and other ASRS employers will not have to pay the ACR for applicable employees There is a potential negative actuarial impact to ASRS,but the impact is unknown without further fiscal analysis from the system. This legislation would not impact ASRS's ability to collect the ACR for all hires made after July 2011 E. Contact Information Name Bruce Gardner Title. Workforce and Technology Director Phone.480-358-3200 Email. bruce gardner(a,queencreek org 9 Resolution#6 Urges the Legislature to amend A.R.S. §39-121.01 to place reasonable limitations on requests for public records that are overbroad or abusive. Such limitations may include the scope of requests, the time period covered in a request, and the number of requests from a single individual during a specified time period and allowing charges for requests that exceed statutorily established limitations. Submitted by: City of Yuma, Town of Oro Valley, City of Apache Junction, City of Bullhead ( , City * * * * * * * * * * * * * * * A. Purpose and Effect of Resolution This Resolution seeks amendments to public records laws to discourage overbroad and abusive requests for public records. Municipalities receive and process thousands of requests for public records each year Most of these requests are reasonable, coming from persons who may or may not make other requests but whom seek specific and limited information or specific requests from the media Other requests require preparation of voluminous amounts of documents or matenals and substantial amounts of staff time in multiple departments to locate,review, and prepare the documents for review and/or copying But other requests are overbroad, such as requests for "All documents, e-mail, memoranda, etc pertaining to the city action " These documents can cover many years, require production of hundreds or thousands of documents, and involve research and review by several City departments Municipalities also receive and process numerous requests for public records from only a few individuals For example, in Yuma, one individual is responsible for the following statistics. OPIN Year Number of requests 2008 114 2009 120 2010 85 2011 155 These requests, some of which require locating massive amounts of documents from across city departments in different locations, have a significant impact on city resources. Such requests from one or two individuals require a disproportionate amount of city-wide staff time to locate, review, and prepare the records for examination. Oftentimes, a requestor may never review the documents after being notified they are ready for inspection. As an example, Yuma has received 46 requests in 44 business days from a single individual, including nine filed in one day, while 25 filled requests waited to be reviewed. These overbroad and abusive requests by a few individuals abuse the nghts and privileges these laws were enacted to protect 10 Amending Title 39 to give municipalities authorization in certain instances to restrict the number or frequency of requests made by a single individual and to limit certain requests such as those with a broad scope or that cover an extensive time period will allow cities to both comply with spirit and intent of public records laws while discouraging overbroad and abusive requests B. Relevance to Municipal Policy ^ Transparency is an essential component of a responsive representative government Cities endeavor at all times to be open, accessible and responsive to their citizens Making records available for inspection by the public and the media is important to maintaining transparency and trust in government Most citizens and the media are conscientious and purposeful in their requests However, requests by a few individuals which are overbroad or abusive and require disproportionate amounts of city-wide staff time do not further the goal of transparency C. Fiscal Impact to Cities and Towns Cities will still respond to public records requests in the spirit of transparency and openness in government. Allowing cities some relief from abusive public records requests or to identify potentially abusive practices will free staff to perform other governmental functions D. Fiscal Impact to the State There will be no fiscal impact to the State. However an amendment could include public records requests of the State,which will result in savings E. Contact Information Name. Connie Scoggins Title. Assistant City Attorney Phone. (928) 373-5055 Email.Connie.Scoggins(a,YumaAz gov OIN 11 PIN /1 Resolution#7 This resolution requests that ARS 9-441.01 be repealed, thereby exempting cities and towns of the requirement that the local governing body adopt a resolution declaring specific portions of the jurisdiction a "housing development area,"for the purpose of assisting with the acquisition, construction or rehabilitation of housing. Submitted by: City of Sedona, Town of Clarkdale ************ A. Purpose and Effect of Resolution Per ARS 9-441 01 it is a valid public purpose of municipalities to assist in providing for the acquisition, construction or rehabilitation of housing and other facilities necessary or incidental to the housing and primarily for the use of those residing in the housing, in areas that are declared by the municipality to be housing development areas. ARS 9-441 01 also requires that before exercising any of the powers conferred on municipalities by this article, and before any public moneys can be spent,the local governing body must adopt a resolution finding that a shortage of housing, or a certain type of housing, exists in a certain area of the municipality These areas must be declared to be "housing development areas," thereby designating those areas as areas where assisting in the development of housing is in the interests of the public health, safety,morals or welfare of the residents The resolution must also establish specific boundaries depicting what constitutes the housmg development area. This resolution requests a repeal of ARS 9-441 01 to exempt cities and towns from having to designate certain areas as housing development areas In many cities and towns, such a designation of an entire area of the city for housing development is impractical Often, municipalities merely want to develop or improve individual parcels or lots throughout the city in order to provide better overall housmg B. Relevance to Municipal Policy While it is critical to engage the citizens of the community in any planning around housing development or redevelopment,the requirement to adopt a map depicting an entire area as a "housing development area"could create an inaccurate impression that the city or town intends to undergo large-scale housing development projects throughout such an area. Given the concerns and stigmatization that arise as a result of following the public process to adopt such areas,this requirement may mislead residents and/or derail a process which is intended to assist i the city ortown with limited housing needs that are dispersed throughout the entirety of a small community The locality should be allowed to determme what methods of citizen participation and engagement would be appropnate for that community and for those areas in which housing development was deemed necessary 12 OIN C. Fiscal Impact to Cities and Towns N/A D. Fiscal Impact to the State N/A E. Contact Information Name Nicholas Gioello Title. Assistant to the City Manager Phone. 928-203-5100 Email NGioello@sedonaaz gov 13 Resolution#8 Urges the Governor and the State Legislature to develop and pass legislation that allows greater flexibility in annexing county islands. Submitted by Marana, Sierra Vista, Oro Valley,Tucson ************ A. Purpose and Effect of Resolution Over the past 30 years,the State Legislature has made changes in annexation law in response to actions by local governments that have unintended, and often negative,consequences In 1980, the Legislature disallowed"strip"annexation by communities wanting to annex only highly lucrative commercial properties That same legislation also changed the law further to disallow the creation of county islands,recognizing that having such islands completely surrounded by an incorporated city of town is not good public policy Other steps have been taken within state law to improve the process,but more are needed Although new county islands can no longer be created,unfortunately a number of cities and towns in Arizona still have such areas within their incorporated limits. The islands are governed by the laws of their respective county, which is a branch of local government largely designed to provide rural services and a one size fits all approach to planning and growth management. Depending on the individual county/city,disparities between county and city regulations may exist, and m many cases, these services and/or enforcement differences are taking place literally across the street from areas with the same density and neighborhood type It is time to allow a city or town more flexibility to extend urban services to these islands This could include• allowing a city to shrink an island annexation area once the process has started if there is not enough interest to proceed with the entire area, removing the tie to assessed valuation in the process, allowing property owners with multiple properties within an annexation area to have a vote for each property;requiring property owners to sign a petition to opt out of a county island annexation rather than opt in,to address those areas with high out-of-town owners, or any combination of these methods The ideas would be discussed with legislators to determine the most viable B. Relevance to Municipal Policy Consistent service delivery to a community's residents insures that all areas of a city or town are appropriately managed Counties,by design,are funded to provide a rural level of service But such a service level within the middle of an urban area can, and has, led to problems that bleed over into incorporated cities 14 C. Fiscal Impact to Cities and Towns If legislation moves forward that allows greater flexibility in annexing county islands, it would be up to cities and towns themselves to determine timing on annexing these areas if they choose Those communities that choose to move forward will need to extend their services to newly annexed areas Those costs would be different for each community. But nothing in the legislation should require a city or town to annex county islands if they feel they cannot provide services It should be noted that counties currently providing services to these islands, if annexed,would save money not doing so in the future. D. Fiscal Impact to the State There is no fiscal impact to the state when it comes to which local government provides local services Minor adjustments in state-shared revenues would be made based on population changes,but it would be a reshuffling of the total allocation,not an increase in state revenues to local government. Eliminating barriers to annexation would also encourage economic development that would ultimately result in increased revenue to the state E. Contact Information Name- Del Post,Marana Title. Deputy Town Manager Phone. 520-382-1904 Email. dpost@marana corn 15 Resolution#9 Urges the Legislature to fully fund state parks and, where practical, to work in partnership with cities and towns for the operation and maintenance of Arizona State Parks (ASP) under long term leases, for a nominal amount, and to participate financially by providing for a dedicated funding mechanism to share a portion of the costs. rs Submitted by: City of Yuma, Town of Oro Valley, Town of Camp Verde, City of Kingman, City of Bullhead City ************ A. Purpose and Effect of Resolution When the State became unable to continue full support of its parks, local governments and non- profit groups in Arizona stepped up to the plate and entered into short term agreements to operate and maintain the parks in or near their jurisdictions (Alamo Lake, Boyce Thompson Arboretum, Fort Verde, Homolovi, Jerome, Lost Dutchman, Lyman Lake, McFarland, Picacho Peak, Red Rock, Riordan Mansion, Roper Lake, Tombstone Courthouse, Tonto Natural Bridge, Tubac Presidio, Yuma Prison, Yuma Quartermaster Depot) so Arizona residents and visitors alike could continue to enjoy the rich recreational experiences that state parks provide. This arrangement has proven to be successful This resolution asks the State to continue and to expand this partnership with local jurisdictions on a long term basis Making the current partnerships sustainable in the long-term and increasing the number of partnerships will make the entire park system more viable over time Further utilization of partnerships (non-profit, public and private) will necessitate financial support from local governments,non-profits, and the State This resolution will assure that State Parks remain open to the public as a recreational, environmental, and cultural benefit that supports and generates tourism, and provides important revenue to not only local, but also to the regional and statewide economies In addition, the availability of the State Parks System will continue to provide a high quality of life for Arizona residents and serve as an attraction to new residents. B. Relevance to Municipal Policy State Parks are essential to the rural economies and people of Arizona, and the continued threat to their operation leaves a continued threat to the still weak local economies in rural Arizona In addition, Arizona's natural environment, including access to the environment through availability of State Parks across the state draws millions of tourists to Arizona, benefiting every entity that relies on tourism as part of its economy. Increasingly, ASP is reliant on partnerships with local governments to make its state parks viable This comes at a time when local resources are shrinking 16 r C. Fiscal Impact to Cities and Towns Visitors' expenditures combined with their direct and induced impacts resulted in$21,171,627 in Federal Government taxes and $22,762,326 in state and local government taxes. The total tax impact of Arizona State Park visitors in 2007 was $43,933,953. D. Fiscal Impact to the State } The economic benefit of the State Park System is statewide Calculated at the state level for FY07, the total economic impact of Anzona State Parks (direct, indirect and induced) on the state was $266,436,582. This total state income resulted in 2,397 direct jobs and 950 indirect jobs for a total of 3,347 jobs statewide The jobs provided were generated directly, through State Parks employment,but also indirectly, for the tourism industry that is supported and enhanced by the existence of State Parks Visitors' expenditures combined with their direct and induced impacts resulted in$21,171,627 in Federal Government taxes and $22,762,326 in state and local government taxes. The total tax impact of Arizona State Park visitors in 2007 was$43,933,953 (Economic figures cited are from "The Economic Impact of Arizona State Parks 2007" study prepared by The Arizona Hospitality Research& Resource Center, Center for Business Outreach and The W A Franke College of Business,Northern Anzona University in February 2009) E. Contact Information Name• Connie Scoggins Title Assistant City Attorney Phone. 928-373-5055 Email. Connie scogginsayumaaz gov 17 Resolution#10 Requests that A.R.S. 36-1606, concerning consumer fireworks regulation;state preemption; further regulation of fireworks by local jurisdiction, be amended to allow an incorporated city or town and a county within the unincorporated areas of the county to regulate the sale and use of permissible consumer fireworks. Submitted by: City of Prescott, Town of Prescott Valley, Town of Chino Valley,Town of Camp Verde,Town of Clarkdale, City of Sedona ************ A. Purpose and Effect of Resolution In 2010 the Arizona State Legislature lifted the statewide ban of the sale of consumer fireworks The Legislature allowed municipalities to ban the use of consumer fireworks within incorporated limits but not the sale. This resolution seeks to enable the elected governing body of each municipality and county in Arizona to decide for their constituents whether or not to allow the sale in addition to use of consumer fireworks within their geographic boundaries (unincorporated areas in the case of counties) On May 2, 2011, a fire was started in the backyard of a home in Prescott Valley, Arizona, as a result of an unattended 11 year old child playing with a consumer firework (sparkler) Central Yavapai Fire District personnel were called to respond to the scene. Upon their arrival the fire had been extinguished by the residents after burning about a tenth of an acre. This incident occurred even though the Prescott Valley Town Council enacted an ordinance that banned the use of all consumer fireworks within Town limits B. Relevance to Municipal Policy In addition to the potential cost and damage of fires, HB2246 which allowed fireworks to be sold in Arizona, intruded into local control The evaluation of risk and the decision to allow consumer fireworks to be sold and used in a community is best left to the governing body of that community This resolution does not place any restrictions or mandates on any community, rather it allows each to decide what is best C. Fiscal Impact to Cities and Towns There will a minimal loss in sales tax collection if a municipality chooses to ban the sale of consumer fireworks The local control aspect of this resolution would allow each city and town to weigh the potential costs of damage to property and public safety response with the benefit of allowing the sale of consumer fireworks 18 D. Fiscal Impact to the State The State could experience a minimal negative reduction in revenue dependent upon the number of municipalities that choose not to allow the sale of consumer fireworks E. Contact Information Name. Alison Zelms Title. Deputy City Manager Phone 928-777-1220 Email- alison.zelmsC prescott-az gov 19 Resolution#11 To seek legislative actions that assist local, collaborative groups with resources and funding for planning and proactive actions to improve forest health and reduce wildfire threats, promote the economic engine of tourism dollars coming to the state, driving down the costs and human toll wildfires take as well as the cost of watershed sustainability. Submitted by: City of Flagstaff, City of Sedona, City of Scottsdale, City of Sierra Vista 1 ************ t A. Purpose and Effect of Resolution Statewide awareness and attention to the value of collaborative planning, implementation, and monitoring of our forests to improve forest health,reduce the human and economic costs from catastrophic disasters resulting in the loss of property, life and recreational destinations for our residents and tourists who generate revenues. As we have learned from the many fires of the past decade,particularly the Rodeo-Chedeski Fire of 2002,the Schultz Fire of 2010 and the Wallow and Monument fires of 2011,there are things we must do to greatly reduce catastrophic losses from occurring wherever they strike Proactive, coordinated efforts have been studied and proven to reduce impacts from and costs of such events B. Relevance to Municipal Policy Communities across the state face increasing economic and life threats as the result of degrading, unsustainable, forest-and-range conditions. The threat is not only catastrophic wildfire that destroys the natural environment our residents enjoy for recreation,but also includes post-fire effects Loss of property, sales tax and tourism, livelihood, displacement of residents, erosion, flooding, loss of wildlife habitat, etc exists for all jurisdictions and ownerships because of the statewide impact on economic factors such as reduced State Shared Revenues Joint-action by all parties (local, county, state, and federal)is required to adequately and satisfactorily address the issue which starts with planning at the local and regional levels ^ Community-based stakeholder groups working on landscape scale areas and focused upon [ appropriately-scaled treatments,using a science-based model, are critical to our success. Adequate environmental analysis,transparent decision makmg, application of Firewise practices, and sufficiently sized and appropnate forest treatments must be planned for Selective thinning, debris disposal,prescribed fire, and biomass utilization, are crucial to the future of our State's forests and rangelands, communities, and our corporate well-bemg C. Fiscal Impact to Cities and Towns The negative economic impact of such events is beyond the capacity of any single community to bear The costs of the past catastrophic fires to each area of the state rose to the millions of dollars levels 20 D. Fiscal Impact to the State The economic impact of such events that have already occurred is in the millions of dollars and it would be economically sound for the state to appropriate planning funds for forest health The Federal government has identified four of northern Anzona's forests to be part of the 4FRI Initiative with federal funds appropriated to that effort as a pilot program for the nation. •�. E. Contact Information Name. Jerene Watson, Title: Deputy City Manager, Phone 928-213-2073; Email. jerenewatsonAflagstaffaz gov Name Paul Summerfelt Title. Wildland Fire Manager Phone 928-213-2509 Email. psummerfeltc flagstaffaz gov 21 Resolution#12 Urges the Governor and the State Legislature to develop and pass legislation that supports efforts to reduce the shortage of physicians,physician assistants and nurse practitioners in the State of Arizona. The League encourages the Legislature to consider: expanding the level of Graduate Medical Education (GME)funding; expanding medical school capacity within the state universities;addressing issues affecting the attraction and retention of physicians, physician assistants and nurse practitioners from out-of-state;reducing obstacles to medical practice in Arizona;and addressing any other major issues that affect a health care-provider's decision to locate or remain in Arizona to practice. Submitted by: City of Sierra Vista, City of Bisbee, City of Yuma, Town of Marana,City of Douglas, City of Flagstaff, Town of Clarkdale ************************* A. Purpose and Effect of Resolution Part II of the 2005 Arizona Physician Workforce Study,conducted by specialists from the University of Arizona and Arizona State University, identified that since 1992 to 2004, Arizona's physician supply is not keeping up with its population growth The situation has not gotten any better. Arizona has 219 physicians per 100,000 population,well below the national average of 293 per 100,000. Rural communities in the state are affected by the shortage even more,with one county at under 60 physicians per 100,000 Specialty physicians are particularly difficult to recruit and retain By way of example,the City of Sierra Vista's regional hospital is now the only location in all of Cochise County in which a woman can deliver a baby outside of a setting in which emergency services are available. In addition,as the Baby Boomer population ages,more of the older doctors in rural communities will retire,potentially exacerbating the situation. Since approximately 60%of physicians who complete their training in Arizona teaching hospitals remain to practice within the state, enhancing the Graduate Medical Education(GME) program is a critical component to addressing this shortfall, and has been identified by previous gubernatorial task forces Also recommended were efforts to reduce obstacles to medical practice in Arizona. Recruitment and retention of health care providers is hampered throughout the state by higher professional liability premiums as compared to other states, and this is certainly an obstacle needing attention Recent actions to reduce funding to the State's Medicaid program will only exacerbate the issue statewide Now,more than ever, action is needed to retain existing health care providers, and insure Arizona is a desirable place to practice for others B. Relevance to Municipal Policy l Health care is a key component of the overall quality of life for any community. It is an attraction and retention component for both business and military activities,both of which are the backbone of the state's economy An adequate supply of health care providers is the foundation of quality healthcare, and although most barriers to recruitment and retention are 22 beyond the direct control of local government,the health of our citizens should be a strong consideration for local legislative input and advocacy The National League of Cities has incorporated citizen health in its overall federal legislative platform by developing and advocating for health programs for children and youth C. Fiscal Impact to Cities and Towns There should be no negative fiscal impact on Cities and Towns To the contrary,not only will there be an intrinsic gain to Cities and Towns in overall quality of life of their residents if accessibility to health care is improved,but all communities in the state can use improved health care as an economic development tool in the future D. Fiscal Impact to the State There are some solutions, such as investing in the graduate medical program, which will require additional investment by the state m medical education However, some recommendations can be implemented with little to no effect on state finances But like the cities and towns, improvement in access to health care results in an improvement in the ability of the State to attract corporations who value health care access as a major factor in relocation to Anzona. In addition,more health care providers in the rural areas of the state will reduce the number of trips on already overcrowded roadways those residents from those areas make to the Phoenix or Tucson metropolitan areas to seek treatment. E. Contact Information Name. Mary Jacobs Title. Assistant City Manager Phone. 520-458-3315 Email mary jacobs@sierravistaaz.gov 23 Pabk Resolution#13 Urges the Governor and the State Legislature to develop and pass legislation or engage in other activities that supports and advocates for resources to improve Arizona's ports of entry with Mexico and related infrastructure, and will enhance international trade and improve the global competitiveness for Arizona with Mexico Submitted by: City of Sierra Vista, City of Douglas, City of Bisbee , A. Purpose and Effect of Resolution Mexico is Anzona's top trading partner Our shared border is the gateway for$26 billion worth of imports and exports and 44 million people(crossings) each year Mexican visitors spend approximately $7 3 million each day in Arizona,providing an annual impact of$2.3 billion. Trade with Mexico supports six million jobs in the U.S. and tens of thousands jobs m Arizona In addition,Mexico is now the third-ranked commercial partner of the U S and the second largest market for U S. exports. Despite this wealth of opportunity, recent studies show that competing border states such as Texas are far outpacing Anzona when it comes to developing trade relations with Mexico While Arizona exports to Mexico totaled about $5 7 billion in 2011, in Texas the total was $87 billion Mexico is the 13th largest economy in the world, and in 2010,Mexico invested an unprecedented five percent of its Gross Domestic Product(GDP) in infrastructure. Anzona's ports of entry face significant challenges, including aging infrastructure and an often inadequate number of customs and border protection agents needed to staff them A heavy focus on security has impacted the tourism industry by divertmg investments from needed improvements and leaving a multibillion dollar deficit in border infrastructure For example, while investments of$200 million into the expansion to the Nogales port of entry are progressing,no funding is allocated at this time(pending completion of appropriate studies and reviews)toward improving Anzona State Route 189,which connects the Mariposa Land Port of Entry to I-19 The U S General Services Administration(GSA)describes the Mariposa Land Port of Entry as " one of the United States' busiest land ports...serving as the main entry point for fresh produce entering from Mexico " With 23 million northbound visitor border crossings and 373,000 northbound truck crossings, long waits at the border and congestion north of our ports of entry suppress economic development In addition, greater emphasis is needed to upgrading southbound passenger vehicle and pedestrian crossings And with significant public safety concerns arising from the 602 train crossings annually,there is clearly a need to develop an alternative to Arizona's sole rail port of entry in Nogales in order to respond to increasing manufacturing and sea port expansions in Mexico According to the Arizona State University North American Center for Transborder Studies,needed enhancements include staffing,technology, infrastructure and communications 24 Through the League of Arizona Cities and Towns,Arizona's cities and towns should unite in support of legislation or other policies that will enhance international trade and improve the global competitiveness for Arizona with Mexico,which is the 13th largest economy in the world and the State's number one trading partner B. Relevance to Municipal Policy The vast majority of the economic benefit generated by trade passing through Arizona's ports of entry is realized within the State's cities and towns For example,nearly half(43%)of all of the Winter produce consumed in the United States comes through the Nogales port of entry. Along with produce,which makes up 28 percent of Arizona imports from Mexico, other major commodities include electrical machinery and equipment(18%); machinery and mechanisms (12%), edible fruits and nuts(11%), vehicles (6%); and optical,photographic and cinemagraphic equipment(4%). The logistics centers,warehousing and distribution facilities, and value-added manufacturing facilities for these commodities are located pnmarily within the State's cities and towns, along with the associated sustainable wage jobs that are created as a result of this economic activity The economic multiplier effect that these jobs create adds to the prosperity in these communities and enhances tax revenue at a time when every dollar of local revenue is even more precious to cities and towns Enhancing trade opportunities with Mexico will only further stimulate the economies in Arizona's cities and towns C. Fiscal Impact to Cities and Towns As described above, enhancing international trade and improving the global competitiveness for Arizona with Mexico will have a positive fiscal impact to cities and towns D. Fiscal Impact to the State Similarly, supporting the requested legislation and policies will have a positive fiscal impact to AIN the State and will further diversify our economic base. Failure to do so will sustain the advantage that other border states currently enjoy over Arizona E. Contact Information Name. Mary Jacobs Title Assistant City Manager Phone. 520-458-3315 Email. mary.jacobsAsierravistaaz gov 25 /"1 poN Resolution#14 Urges the Governor and the State Legislature to develop and pass legislation that supports the long-term retention of Arizona's military installations, and provides opportunities to use the synergies connected to the military operations in the attraction of new or expanded governmental and non-governmental missions or businesses. Submitted by: City of Sierra Vista, City of Bisbee, City of Peona, City of Yuma, Town of /NM, Marana, City of Flagstaff, Town of Clarkdale ************ A. Purpose and Effect of Resolution Arizona's military sector is an essential component of the state economy,and most local economies within the state There are five major military installations in Arizona,plus four principal National Guard operations According to a 2008 report by The Maguire Group, commissioned by the Arizona Department of Commerce at the time, it is conservatively estimated that this sector produces over 96,000 direct, indirect and induced jobs in the state,with over$9.1 billion in economic impact The Maguire report further quantified the amount of revenue Arizona's military installations contnbute directly to state and local governments at just over$400 million annually, split nearly evenly between the two In general,jobs connected to the military are especially valuable to the Arizona economy because they are largely unaffected by routme economic cycles, which means revenues associated with their presence are more stable The Maguire report noted"Arizona would do well to guard this economic asset and preserve its viability" It further stated"Maintaining these operations and the jobs and economic output they support should be a pnority of state and local government" Support from Arizona's local governments, through the League of Arizona Cities and Towns, for eIN legislation that could enhance military effectiveness or protect against efforts to erode military missions is critical in the state's long term success retaining Luke AFB, Davis-Monthan AFB, Fort Huachuca, Marine Corp Air Station Yuma and the Yuma Army Proving Ground Arizona's cities and towns must be unified in our support for the military,working together to identify opportunities to demonstrate that support through such things as. encouraging officials from state and local government to elevate needs identified by military installations for legislative action, supporting the continued activity and existence of the Governor's Military Affairs Commission, supporting funding for economic development efforts at the state level to attract new/expanded military and military-connected missions and businesses, encouraging the use and contmued funding of the Military Installation Funds (MIF)to help mitigate encroachment, and supporting legislative proposals regarding state land transfers to reduce potential encroachment around military installations. 26 B. Relevance to Municipal Policy At a time in which every dollar of local revenue is even more precious to cities and towns, we must guard against inadvertent or blatant measures that could jeopardize existing military installations and the over$200 million it directly contributes to local government Encroachment is a major issue across the state, and is not only associated with new subdivisions Water use, electromagnetic interference, lighting,airspace and other issues can ultimately affect military missions, or could result in the state's five major bases not being considered for realigned missions in the future The Maguire study excluded military-related businesses such as Raytheon,Boeing and those associated with the redeveloped Williams Center in Gilbert,which take advantage of synergies with the state's military community but separately add hundreds of millions more in economic impact to the state and local economies. But if the military missions are not retained, then opportunities to grow or expand these types of businesses, and the resulting impact on the state and local economy, could be missed C. Fiscal Impact to Cities and Towns Failure to protect such a valuable asset to the state will have a direct and potentially devastating effect on local government. The military industry directly contnbutes approximately$200 million in tax revenues annually to local government alone. D. Fiscal Impact to the State Similarly, Anzona's military mstallations contribute about$200 million in revenue annually to the state government Any loss of missions could erode that revenue, as well as impact future expansion opportunities for both military and non-military missions. E. Contact Information Name. Mary Jacobs Title. Assistant City Manager Phone. 520-458-3315 Email mary jacobsna,sierravistaaz gov 27 Resolution#15 Urges the State Legislature to support implementing a pilot program to restrict trucks to the two right-most lanes when traveling on Arizona highways in urban areas with three or more lanes in each direction. Submitted by: City of Apache Junction and City of Douglas ************ A. Purpose and Effect of Resolution The purpose of this resolution is to improve traffic mobility, improve safety and facilitate the flow of goods on freeways in Arizona's busy urban areas. An initial step is to implement a pilot program to determine and compare the feasibility, impacts, and effectiveness of restricting trucks to operating only in certain lanes on highways in urban areas that have three or more lanes in each direction, which have a moderate or high level of truck traffic, and do not have left hand exits The lane restrictions would apply to"trucks"as defined by Arizona State law Trucks would be restricted to the two right-most lanes, leaving one lane for truck-free operation; assuring that trucks will always have access to at least two lanes Demand for trucking services continues to increase According to statistics available from the Bureau of Transportation Statistics(BTS)trucking accounts for an estimated 70%of the total value, 60%of the weight, and 34% of the ton-miles of freight moved in the U.S (Bureau of Transportation Statistics,2006). In addition,between 1980 and 2020, truck travel is predicted to increase by over 90%while lane-miles of public roads will increase by only 5%(FHWA,2006) This increase will have significant negative influences on traffic congestion and safety. A truck lane restriction strategy is used in many states nationwide as a way to address some of these impacts With regard to improving safety and mobility, here are several safety benefits of truck lane restriction. • Prevents "No-Zone"Wrap, Tractor trailer's on two(2) sides of passenger cars at same time • Positions largest vehicles out of the highest speed lanes • Reduces the frequency of passenger vehicles being "boxed-in"by large trucks • Reduces evasive truck maneuvers to the right,or into the trucker's "blind" side • Provides additional spacing from life-saving median bamer systems. • Provides additional truck clearance from opposing direction traffic. • Improves visibility and clearance for disabled vehicles in or along median shoulders By improving traffic mobility, the flow of transporting goods through the State positively impacts economic development The Freight Industry has welcomed lane restrictions in other 28 states because passenger vehicles are able to stay in the fast lanes, which gives more mobility for the trucks in the slower lanes. Trucks then reach their destinations in a timelier manner B. Relevance to Municipal Policy Arizona residents directly benefit from improved traffic operations and improved safety on • freeways in Arizona's busy urban areas In addition, by improving the flow of transporting goods and services in Arizona, economic development of the State, cities and towns could also increase C. Fiscal Impact to Cities and Towns As the State of Arizona is able to reap the positive economic effects of improved traffic flow which in turn improves the efficient movement of goods thru the State,this will positively impact cities and towns as well D. Fiscal Impact to the State Positive fiscal impact to the State Whereas large metropolitan areas(e.g. North Texas)that are in direct competition with the Sun Comdor have successfully implemented `Goods Movement' onented traffic restrictions to facilitate enhanced traffic flow have expenenced positive economic development effects,the City of Apache Junction and the City of Douglas urge implementation within Arizona so that we also experience positive economic effects Negative fiscal impact to the State include. Costs associated with developing and implementing a pilot program, which would include conducting a study before and after restrictions are implemented If the new restrictions were put in place permanently there are costs associated with selecting,designing, implementation administration, advertising, enforcing, and monitoring of the truck lane restrictions. '0•N E. Contact Information Name• George Hoffman Title. City Manager Phone. 480-474-5066 E-mail ghoffman(a ajcity net 29 Resolution #16 Amend Arizona Revised Statutes Title 13 (Criminal Code) and amend Title 8 (Children) to include criminal damage by graffiti to ensure that crimes of graffiti are treated more seriously. Submitted by: City of Yuma,City of Sierra Vista * * * * * * * * * * * * * * * A. Purpose and Effect of Resolution Graffiti is a continuing and fast growing problem for cities and towns The level of punishment for individuals committing illegal acts of graffiti is a difficult and complex issue Abatement of graffiti and apprehension and prosecution of the perpetrator is costly to cities and these costs are seldom if ever recovered Anzona statutes allow prosecution of graffiti under the cnmmal code as cnmmal damage. Because graffiti is such an immediate and growing problem on both public and pnvate property, it needs to be addressed in statutes setting forth stricter penalties and full restitution of all economic loss to the victim Economic loss includes all reasonable costs of repair by municipalities, including but not limited to,materials, labor and equipment. As it stands now, some courts have been reluctant to severely punish offenders, or order restitution for economic loss, especially where juveniles are involved. A community service component should also be added to the penalty where available B. Relevance to Municipal Policy The physical appearance of communities is a source of pnde for Arizona cities It is one of the factors that attract people to visit or relocate into an area While graffiti was once limited to older and deteriorating communities or facilities, it has become prevalent in all areas of cities, regardless of age, appearance, or use Despite the penalties for selling instruments of graffiti to minors enacted in the last few years, the numbers of incidents and the extent of damages have contmued to increase Stiffer penalties are needed to deter the rising tide of this vandalism. C. Fiscal Impact to Cities and Towns Graffiti abatement in this fiscal year has so far cost the City of Yuma $117,645.00, despite a policy to aggressively pursue restitution from the courts. The costs to Yuma are high, therefore, it would follow that statewide costs may be in the millions of dollars Increasing the penalties for criminal damage may deter graffiti vandals, and reduce the number of incidents and the extent of damages, thereby reducing costs of abatement Any additional revenue generated from the stronger penalties could be directed to reduce the costs to cities for abatement. Also, if violators are required to perform community service, they would be able to witness the consequences their actions have on the community D. Fiscal Impact to the State Because graffiti may also occur on state owned properties, abatement costs to the state could be reduced. 30 E. Contact Information Name Connie Scoggins Title. Assistant City Attorney Phone (928) 373-5055 Email. Conme.Scoggms(c,YumaAz.gov .. 31 /EN /IN Resolution#17 Urges the Legislature to amend A.R.S §42-5010, as enacted in SB1442 last session, so that state shared revenues to cities and towns are distributed prior to the recapture of construction sales tax to be used for funding infrastructure projects Further, urges the Legislature to find additional mechanisms for funding infrastructure that is necessary for economic development projects that are beneficial to the entire state. Submitted by: City of Chandler, City of Peoria ************ A. Purpose and Effect of Resolution When manufacturing facilities locate in a municipality, there are often infrastructure improvements needed to support the project If these are incremental improvements, the host municipality is able to fund them through its regular capital improvement program without over burdening their ratepayers. However, large manufactunng projects, such as the construction of the $5 billion Intel Fab 42, require significant industnal infrastructure That project alone will require in excess of $200 million in water and wastewater improvements The magnitude of costs such as these makes it impossible for the host city to fund the infrastructure by itself and requinng the company to do so places this state at a competitive disadvantage Last session, SB1442 was introduced in an effort to provide a mechanism for the state to help fund these infrastructure needs It was intended to allow the construction sales tax to be recaptured and used to pay for any water,wastewater or transportation projects needed to support a manufacturing facility that met certain capital investment requirements Unfortunately, the bill was amended on the last day of the session and the result was a negative impact on state shared revenues The intent of this resolution is to change the statute so that the funds used to pay for infrastructure come from the state's portion of sales tax. Additionally, SB 1442, as onginally drafted, would have been only a partial solution to the problem of infrastructure funding. Other mechanisms should also be explored in order to address this problem more comprehensively B. Relevance to Municipal Policy Cities are already responsible for the majority of the costs of infrastructure related to economic development and should not have to also contribute through a loss of shared revenues The intent of SB 1442 was to create a mechanism for the State to participate in funding the infrastructure that is necessary to attract and retain these manufacturing facilities and the jobs they create 32 C. Fiscal Impact to Cities and Towns The total loss of cities' shared revenue attributed to SB 1442 is approximately $2 5 million However, if an equitable solution cannot be developed, our inability to continue to attract these businesses will also have a long term negative impact on economic development and the increase in shared revenues attnbutable to these projects. ^ D. Fiscal Impact to the State If the distribution formula of cities' state shared sales tax is restored, the state will lose the approximately $2 5 million in construction sales tax monies that would be recaptured to fund the cost of infrastructure under the provisions of SB 1442 Again, if a solution cannot be agreed upon and cities are not able to fund the infrastructure necessary for these businesses, the state nsks losing the future economic activity created by new or expanded manufacturing facilities E. Contact Information Name Patrice Kraus Title. Intergovernmental Affairs Coordinator Phone. 480-782-2215 Email.patnce.krausna chandleraz.gov 0141 33 /.1kk League Staff Resolution#1 The League of Arizona Cities and Towns urges the Legislature to repeal HB 2826, (consolidated election dates,political subdivisions). Submitted by: League Staff ************ �. A. Purpose and Effect of Resolution HB 2826(Laws 2012, Chapter 353)requires that cities and towns hold all candidate elections in the fall election cycle of even-numbered years In addition to the usurpation of local election authority,there are multiple technical issues associated with implementation of this law -the length of terms for incumbent councilmembers, alternative expenditure limitation renewal elections and municipal incorporation elections Additionally,there is no universal empirical evidence that this change will reduce the cost of elections or increase voter turnout Although this resolution would empower League staff to pursue needed changes to address significant shortcomings of the new statute, the most efficient route would be to simply repeal the statute B. Relevance to Municipal Policy This issue is fundamentally relevant as elections are a foundational part of our system of government. C. Fiscal Impact to Cities and Towns Although many of the fiscal impacts of this bill cannot be calculated at this time,there could be significant problems for local budgets if election law related to the home rule option isn't changed. D. Fiscal Impact to the State Not applicable E. Contact Information Name Tom Belshe Title. Deputy Director Phone. 602-258-5786 Email• tbelshe(aiazleague org 34 League Staff Resolution #2 The League and its members support meaningful and effective regulatory reform efforts. The League will oppose any proposal that does not promote greater efficiency, effect significant cost savings, or improve existing regulatory frameworks for the mutual benefit of stakeholders. Furthermore, the League shall work to enact changes to SB 1598(Laws 2011, Chapter 312)that enable the law to serve its intended function of improving the licensing and ANN permitting process. Submitted by: League Staff ************ A. Purpose and Effect of Resolution The purpose of the resolution is to express the League's commitment to working with the Legislature to. 1)enact legislation that respects municipal autonomy, and 2)partner with cities and towns to create an attractive business climate for new and existing businesses The effect of the resolution would be to empower the legislative staff of the League to work with interested parties on mutually beneficial changes to existing laws while exploring new opportunities for improvement of regulatory frameworks Specific goals include: preservation of local authority, opposition to state mandates, encouragement of municipal flexibility and timeliness, and avoidance of additional bureaucracy and paperwork B. Relevance to Municipal Policy This issue is fundamentally relevant as licensing and permitting is the pnmary way in which municipalities mteract with the businesses in their community Regulatory design represents a core function of municipal governance, to the extent it operates to promote the safety and welfare of city residents C. Fiscal Impact to Cities and Towns Enacting changes to SB 1598 will likely lead to a positive fiscal impact, resulting from the increased clanty and paperwork reduction those changes will bnng. Additionally, there is the potential for a positive fiscal impact from increased business activity as a result of reforms D. Fiscal Impact to the State Increased business activity would benefit the state because of increased sales and income tax collections E. Contact Information Name. Rene Guillen Title. Legislative Associate Phone 602-258-5786 Email. rguillen@azleague.org 35 League Staff Resolution #3 A RESOLUTION OF THE LEAGUE OF ARIZONA CITIES AND TOWNS CALLING UPON THE ARIZONA LEGISLATURE TO RESPECT THE AUTHORITY OF CITIES AND TOWNS TO GOVERN THEIR COMMUNITIES FREE FROM LEGISLATIVE INTERFERENCE AND TO REJECT LEGISLATION THAT CONFLICTS WITH CHARTER PROVISIONS OF ARIZONA'S CHARTER CITIES WHEREAS, the League of Anzona Cities and Towns is concerned about the extent to which Arizona's 50th Legislature considered legislation to micromanage local government, enact decisions best made at the local level and impose one-size-fits all mandates on municipalities, and WHEREAS, the League further shares the conservative belief that the most effective,responsible and responsive government is government closest to the people, and WHEREAS, the Arizona Constitution specifically provides that any city,"may frame a charter for its own government" [emphasis addedl; and WHEREAS, once a city has successfully completed the city charter process, the charter becomes the organic law of the city, and WHEREAS, charter cities draw their power from their citizens, are governed by their charters, and do not require legislative authonty from the State to exercise power, and WHEREAS, the provisions of the charter, as the organic law of the city, supersede all laws of the State in conflict with the charter provisions, insofar as such laws relate to purely municipal affairs, and elk WHEREAS,the Anzona Constitution thus establishes a home rule mechanism to render charter cities independent of the Legislature with respect to matters of local concern, and WHEREAS, the Anzona Supreme Court recently affirmed, in Tucson v Arizona,that provisions of a city's charter supersede conflicting statutes with respect to matters of local concern, and WHEREAS, all municipalities are no less affected by the imposition of burdensome mandates by the State than is the State by the imposition of similar mandates by the Federal government; NOW, THEREFORE, BE IT RESOLVED,that the League of Anzona Cities and Towns calls upon the Arizona's 51st Legislature to affirmatively reject, oppose and renounce legislative proposals that diminish local authority, address matters of purely local concern, and conflict with the organic law of Arizona's charter cities 36 / League of Arizona Cities & Towns Revised Summary of Resolution Subcommittee Meeting Recommendations Subcommittee No. Summary Sponsor Co-Sponsor Recommendation _ 1 Keep local funding formulas intact (A merger of original Resolutions 1 Bullhead Kingman, Lake Havasu Recommend with and 11 ) City City Amendments Support economic development tools. (A merger of original Bullhead City, Sierra Recommend with 2 Resolutions 2 and 3.) Yuma Vista Amendments 3 Credit for excess solar generation Flagstaff, s Clarkdale, Significant Municipal Sedona Issue 4 Alternative Delivery Methods Sedona Camp Verde, Clarkdale Recommend for Adoption Alternative Contribution Rate (ACR)/Arizona State Retirement System Apache Junction, 5 Queen (ASRS) Creek Kingman Recommend for Adoption 6 Public record requests. Yuma Oro Valley,Apache Significant Municipal Junction,Bullhead City Issue _ Repeal ARS 9-441 01 Clarkdale Recommend with 7 Sedona Amendments 8 Greater flexibility in annexing county islands Marana Sierra Vista, Oro Valley, Tucson Recommend for Adoption Urges the Legislature to fund state parks and work with cities and 9 towns inpartnership for the operation and maintenance of Arizona Yuma Oro Valley, Camp Verde, Recommend with State Parks Kingman, Bullhead City Amendments Allow an incorporated city or town and a county within the Prescott Valley, Chino 10 unincorporated areas of the county to regulate the sale and use of Prescott Valley, Camp Verde, Recommend for Adoption permissible consumer fireworks Clarkdale, Sedona. Improve forest health and reduce wildfire threats Sedona, Scottsdale, Sierra 11 Flagstaff Vista Recommend for Adoption Reduce the shortage of physicians,physician assistants and nurse Sierra Bisbee,Yuma, Marana, 12 practitioners Vista Douglas, Flagstaff, Significant Municipal Clarkdale Issue with Amendments 37 League of Arizona Cities & Towns Revised Summary of Resolution Subcommittee Meeting Recommendations 13 Resources to improve Arizona's ports of entry with Mexico and related Sierra Douglas, Bisbee Recommend for Adoption infrastructure Vista Support the long-term retention of Arizona's military installations Sierra Bisbee, Peoria, Yuma, 14 Vista Marana, Flagstaff, Recommend for Adoption Clarkdale 15 Restrict trucks to the two right-most lanes. Apache Douglas Significant Municipal Junction Issue 16 Criminal damage by graffiti/restitution Recommend with Yuma Sierra Vista Amendments Amend §42-5010, as enacted in SB 1442 last session, so that the 17 recapture of construction sales tax to be used for funding infrastructure Chandler Peoria Recommend for Adoption projects is made after the distribution of state shared revenues. ) 38 League Staff Recommendations No. Summary Subcommittee Recommendation 1 Repeal HB2826, consolidated elections dates, political subdivisions. Recommend with Amendments 2 Support regulatory reform Recommend for Adoption 3 Oppose unfunded mandates and preserve local authority Recommend for Adoption Key to Subcommittee Recommendations Recommend for Adoption—Becomes a part of the Municipal Policy Statement, and will help guide legislative activity in the coming session Recommend with Amendments-Becomes a part of the Municipal Policy Statement, and will help guide legislative activity in the coming session, but needed amending for either content or technical reasons Significant Municipal Issue—Although an important concept to cities and towns, does not quite rise to the level of legislative activity League staff may address the issue with state agencies and/or other stakeholders Not Recommended for Passage—The resolution may be too confined to one community,be on its face contrary to core principles, or not in line with current agreements with other stakeholders Staff Recommendations—Resolutions submitted by League staff 39 *p►,Cli r CV of Apache Junction Home of the Superstition Mountains M Print TO: City Manager's Office FROM: Rudy Esquivias, Senior Planner/Zoning Administrator DATE April 1, 2013 Agenda Type : Work Session Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED CASES PZ-2-13 AND SD-1-13, REQUESTS BY ADAMS CONSTRUCTION AND MANAGEMENT COMPANY AND PATHFINDER TRF SIX LLC, REPRESENTED BY BEUS GILBERT PLLC, FOR A PLANNED DEVELOPMENT MAJOR AMENDMENT AND VACATION OF SUBDIVISION PLAT OF THE IDAHO CREEK VILLAS - PHASE 3 PROPERTY, IN FAVOR OF A NEW DEVELOPMENT TO BE CALLED APACHE JUNCTION VILLAS. ACTION REQUESTED- Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: The CR-5/PD (Multiple-family Residences/Townhomes by Planned Development) zoned property at the southeast corner of W Tepee Street and N Plaza Drive was zoned and platted for a 2-story, 47-unit, townhomes development which went into default and was never constructed The new owners wish to dissolve the existing subdivision plat and amend the development plan for the property to instead construct 26 duplex rental apartments (52 total units) for seniors only, under the state's Low Income Housing Tax Credit Program FISCAL IMPACT. Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION: The Planning and Zoning Commission is scheduled to conduct a public hearing on these cases on March 26, 2013. Their recommendation will be presented verbally to the council at their work session on April 1, 2013 ATTACHMENTS: Click to download f] PZ 2-13-SD-1-13 CC Cover Memo D PZ Staff Report with Attachments A p Q A CME✓ O '! 7- O ' - 2 City of Apache Junction 4 ' Development Services Department Date: March 21, 2013 p To Honorable Mayor and City Council Members Through: George Hoffman, City Manager From Brad Steinke, Development Services Director and Rudy Esquivias, Senior Planner/Zoning Administrator Subject April 1, 2013, Work Session Discussion Item: PZ-2-13/SD-1-13, Apache Junction Villas by Adams Construction (represented by Paul Gilbert) Background Adams Construction and Management Company has applied for a Planned Development (PD) major amendment and vacation of subdivision plat to construct 26 duplex rentals (52 total units) for seniors only, on 3 99 net acres of land zoned CR-5/PD (Multi-family Residences/Townhomes by Planned Development), at the southeast corner of W. Tepee Street and N Plaza Drive, under the state's Low Income Housing Tax Credit (LIHTC) Program. This is the presently undeveloped property which is platted for 47 individually owned, 2-story, market- rate townhomes, called "Idaho Creek Villas — Phase 3" This new proposal would dissolve the existing subdivision plat and replace the previously approved planned development plan for a multi-family condominium project (that went into default) with a new development plan for duplex rentals for seniors to be called "Apache Junction Villas". �. Attached please find a copy of the staff report and attachments provided to the Planning and Zoning Commission for their public hearing on March 26, 2013. Planning Staff is facilitating the applicants' request for an expedited process so that they may have a final decision by the City prior the first week of May, at which time their application is due to the State for the LIHTC program Consequently, this report is sent to Council prior to the P&Z Commission making their recommendation on the PD amendment and plat vacation requests Staff will present the P&Z recommendation to Council verbally at the Council's work session on April 15c Council Meeting Schedule The Council is scheduled for a work session on these matters (PD amendment, vacation of subdivision plat) at their April 1st meeting, and public hearing and possible action on April 16th. If Council members have any questions regarding this application, please feel free to call either Rudy Esquivias (480-474-2645) or Brad Steinke (480-474-5082) lecor4x , ... ... _t City of Apache Junction 4A ° Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: March 26, 2013 CASE NUMBER: PZ-2-13/SD-1-13 APPLICANT/OWNER: Pathfinder TRF Six LLC and Adams Construction Co REPRESENTATIVES: Paul Gilbert and Dennis Newcombe of Beus Gilbert PLLC REQUEST: Applicants request a Planned Development Major Amendment and vacation of subdivi- sion plat of an existing (but undevel- oped) subdivision presently named "Idaho Creek Villas - Phase 3" The 3 . 99 net acres property is presently zoned CR-5/PD (Multi-family Residences/Townhomes by Planned Development) , and is proposed to be renamed Apache Junction Villas . LOCATION: SE corner W Tepee St . and N. Plaza Dr GENERAL PLAN/ ZONING DESIGNATION: Medium Density Residential (maximum of 6 dwelling units per acre) , the property is currently zoned (and is proposed to remain zoned) CR-5/PD and it is platted for a 47- unit, two-story townhomes, family subdivi- sion. SURROUNDING USES: North Single-family homes (zoned GR) , South Single-family homes (zoned GR) ; East : Single-family homes (zoned GR) and Quail Creek Condos to the southeast (zoned CR-5/PD) ; and West: Single-family homes (zoned GR) . PZ-2-13/SD-1-13 (Deus Gilbert/Pathfinder/Adams) PAGE 2 OF 9 BACKGROUND The Quail Creek Condos, the subject property, and another 14- acre property (at the 1100 block of N Idaho Road) , were rezoned to CR-5/PD in the mid 1980' s for a proposed apartment development, "Quail Creek Apartments" , to be built in three phases Quail Creek Apartments was constructed as the first phase and later became Quail Creek Condos . Lack of a city sewer system and State-imposed tougher standards for septic systems hampered the development of the second (14-acres) and third (subject site) phases for many years. Then on August 6 , 2002, the City Council approved Ordinance No 1155 (Case PZ-6-01) , a Planned Development Major Amendment, establishing a development plan for the CR-5/PD-zoned, Phases 2 and 3 of the original Quail Creek development Resolution Nos . 06-14 and 05-07 , approved on May 2, 2006, approved the preliminary and final plats for Phases 2 and 3 , which were renamed "Idaho Creek Villas - Phases 2 and 3" , by Apache Junction Town Square, LLC. Phase 2 was platted for 197 two- story townhomes and Phase 3 (the subject site of this request) was platted for 47 two-story townhomes Soon after the plat approvals, the Phase 2 and Phase 3 properties changed ownership. The new owners of the properties, A.J -New Arizona Ventures LLC, requested a final plat amendment for Phase 2 to reflect the following: new ownership information, a new name for Phase 2, changing from "Idaho Creek Villas - Phase 2" to "The Villas at Superstition Mountain - Phase 2" ; and to give Native American and local plant names to the private streets . The developers also presented new concepts for enhanced landscaping, for centrally located common area improvements and for the entry way. They also proposed multi- colored Tuscan style elevations for their townhome buildings . But no changes were proposed for the layout of the subdivision, the number of units, or for its functional elements Some on- site and off-site infrastructure improvements were constructed. Within the last two years, Adams Construction bought the old Phase 2 property and processed a PD major amendment and re-plat for a new 88-unit subdivision called Apache Junction Townhomes, finally bringing residential family development to the property under the state' s Low Income Housing Tax Credit (LIHTC) program /m PZ-2-1.3/SD-1-13 (Beus Gilbert/Pathfinder/Adams) PAGE 3 OF 9 CURRENT PROPOSAL This is a request by Paul Gilbert and Dennis Newcombe of Beus- Gilbert PLLC, representing Pathfinder TRF Six LLC and Adams Construction, for a proposed Planned Development Major Amendment and vacation of subdivision plat of the existing (but undeveloped) subdivision presently named Idaho Creek Villas - Phase 3 (see Assessor Map 100-42) . The new development plan (date stamped 2-21-13) proposes to dissolve the current plat and planned development plan for 47, individually owned, 2-story townhome units and redesign the property for 26, one-story rental duplexes (52 total units) under one ownership for senior living, under the state' s LIHTC Program The proposed development wall be renamed as "Apache Junction Villas" , and will remain zoned CR-5/PD (Multi-family Residences by Planned Development) The 3 . 99-net-acres property is located at the southeast corner of N. Plaza Drive and W Tepee Street in Apache Junction, AZ (Pinal County Assessor Parcels 100-42-353 through 400) . The applicants have submitted a new planned development plan for the property (see Neighborhood Meeting narrative and exhibits attached) , which proposes to slightly increase the number of units from 47 to 52, but scales down the development from 2- story townhomes, built in pods ranging from 5 to 9 units, to 26 1-story duplex buildings The homes are laid out in more of a single-family neighborhood style The models offer a 2-bedroom, one-car enclosed garage, intended for senior living, very similar in look and style to what Adams did with Apache Junction Townhomes. These units however, will all be rental units, not units for sale . An office and clubhouse is also offered. PLANNING STAFF ANALYSIS AND FINDINGS Relationship to General Plan The subject site and properties to the west, east and south are designated "MD" Medium Density Residential, maximum of 6 dwel- ling units per acre. Properties on the north side of Tepee are designated "LD" Low Density Residential for 1 . 25-acre minimum lots Despite the current General Plan designation, the property has been zoned for high density uses for over 25 years. Since the underlying zoning is not changing, no General Plan amendment issue exists . /N PZ-2-13/SD-1-13 (Beus Gilbert/Pathfinder/Adams) PAGE 4 OF 9 Zoning/Site Context : The 3 . 99-net-acres property is currently zoned CR-5/PD as mentioned in the background information. The site is bordered by a variety of mostly low density single-family homes (manufac- tured and conventional) The condominium development touches the property at the southeast corner, the Husky Hollow MH Park is about 330 feet to the south of the property; and Apache Junction Townhomes is about 660 feet to the south. Similar to AJ Townhomes, these duplexes for seniors would add one more housing option to the neighborhood, offering their residents close proximity to central city services and shopping. Planned Development Request: The Planned Development (PD) plan is fairly straight forward, with not much being requested in the way of PD deviations other than 1) a 15 ' front setback (25' normally required) to the backs of the homes on the north side of the property; 2) 10' (side to side) and 12' (back to back) separations between buildings (14 ' normally required) ; and 3) a proposed one-car garage, with an additional tandem space in the driveway (2 non- tandem spaces normally required) The underlying zoning permits 1 dwelling unit for every 2000 square feet of lot area. On a 3 . 99-net-acre property (173 , 804 square feet) , 87 units could conceivably be constructed; so the applicant' s proposal to construct 52 units is well under the potential maximum. This will be an apartment development for seniors, operated under one ownership, with all of the units and the common areas maintained by a management company. Street Improvements: The developers will be responsible for improving Plaza and Tepee adjacent to their property, as well as the private internal driveways . Public street improvements typically include street widening, curbs, gutters, sidewalks, street-lights, fire hydrants, landscaping and drainage improvements One driveway is proposed on Tepee and two driveways are proposed on Plaza The previous plan for the subdivision had one main entry/exit on Tepee Tepee is a designated mid-section line road, while Plaza is considered a local collector Public Input The applicants conducted their neighborhood meeting on Wednes- day, March 13 Please see their "Outcome of Neighborhood Meeting" summary dated March 14 , and the final update dated P2-2-13/SD-1-13 (Hens Gilbert/Pathfinder/Adams) PAGE 5 OF 9 March 19 (attached) . Three people representing 2 properties attended the neighborhood meeting One neighbor had questions about the previous versus the new proposal, but did not Ank otherwise object to the new plan. The other neighbor did not object to the development plan in general , but with regard to the two proposed driveways on Plaza, he did express concerns about the potential increase of traffic on Plaza, and at the intersection of Superstition and Plaza This is the same neighbor who had contacted staff with these concerns prior to the P&Z work session Adams indicated they would evaluate possibly removing one of the Plaza driveways P&Z COMMISSION WORK SESSION At their work session on March 12, the Commission raised the following questions/issues 1) Age of residents in this "seniors only" community? 2) Will residents be allowed to have pets? 3) Only xeriscape; will there be any "green space" at all? (Suggestion was for perhaps a centrally located open space area where folks can gather, sit and chat?) 4) Distance between units at AJ Townhomes? 5) Would developer consider deleting some units to provide for a minimum 14 ' separation between roofs? 6) What is the minimum space required for these types of units? 7) Commissioners would like to hear comments from neighbors and other agencies as well Responses received are as follows : 1) Pursuant to the Arizona Department of Housing Guidelines, the age of the residents will be 62 and older. 2) Tenants will be allowed to have 1 domesticated cat or dog that is 50 pounds or less . 3) In addition to the clubhouse, there will be an open space where tenants can gather and sit and chat . Because these units will be funded using the LIHTC through the Arizona Department of Housing and for maintenance and conservation of water, no grass will be utilized (See revised site plan date stamped 3-21-13, which shows a gathering space at the southeast corner of the property ) PZ-2-13/SD-1-13 (Beus Gilbert/Pathfinder/Adams) PAGE 6 OF 9 4) The platted, eventually for sale, units at AJ Townhomes are a minimum of 15' apart (wall to wall) 5) Based on the type of units and because they are affordable senior rentals, we find it necessary to stay at the 10' separation between buildings and 12 ' between back of units as per the Building Code. The closeness also provides for a sense of community and security for the senior population that would live within Apache Junction Villas . Moreover, we are providing 33% (56 , 880 square feet) total open space. 6) The CR-5 base zone requires a 14 ' separation between apart- ment buildings in a straight-zoned project . The Building Code normally requires a minimum 10' separation between buildings (without need for fire-rated walls) , but some developments have been allowed to have buildings as close as 6' apart, which is the old Building Code standard. The 10' and 12' separations requested would be specific to this planned development property. 7) Please see the applicants' neighborhood meeting summary and the attached e-mail dated 3-20-13 for comments provided by other agency reviewers . For the Commission meeting on March 26, Staff also hopes to provide comments from Public Works Engineering. PLANNING DIVISION RECOMMENDATION Staff generally supports the PD amendment and vacation of sub- division plat for the proposed "Apache Junction Villas" devel- opment and offers recommended conditions of approval for both the PD amendment and the plat vacation below. Please note that the Commissioners will need to make two motions to forward to the City Council, one for the PD amendment request (PZ-2-13) and one for the plat vacation request (SD-1-13) . RECOMMENDED MOTION FOR PD AMENDMENT CASE PZ-2-13 I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (approval/denial) of Planned Development Major Amendment case P2-2-13 , a request by Paul Gilbert and Dennis Newcombe of Beus-Gilbert PLLC, representing Pathfinder TRF Six LLC and Adams Construction Company, proposing a Planned Development Major Amendment to the CR-5/PD (Multiple- Family Residences/Townhomes by Planned Development) -zoned "Idaho Creek Villas - Phase 3" , proposing a new development plan to PZ-2-13/SD-1-13 (Bens Gilbert/Pathfinder/Adams) PAGE 7 OF 9 redesign the subdivided property from 47, two-story, market-rate townhome units, into 52, one-story apartment units constructed as duplexes under the state' s Low Income Housing Tax Credit Program, and to rename the development "Apache Junction Villas" , subject to the following conditions of approval . 1) Street improvements on Tepee Street and Plaza Drive, including but not limited to, the extension of pavement and the provision of sidewalks , curbs, gutters, streetlights and fire hydrants, normally required for CR-S-zoned properties, shall be required as part of this planned development approval 2) All on-site and off-site improvements (including drainage and retention structures) shall be constructed in compliance with applicable city codes, including but not limited to, the Zoning Ordinance, Engineering Guidelines, Building and Fire Safety Codes, and the Landscape and Screening Requirements, except as otherwise conditioned herein. 3) Four fire hydrants shall be located within the property, one each at the east and west ends of "Adams Street" and one each at the east and west ends of "Durr Street" . Adams and Durr are private driveways, not public streets . 4) The proposed clubhouse amenity area near the east entrance shall be complemented by a neighborhood gathering amenity area to include a 12' x 12 ' shade pavilion, benches and ambient shade trees Such improvements shall be shown on the final landscape plans, subject to Planning Staff review and approval . 5) The Tepee Street and Plaza Drive frontages of the property shall be landscaped in accordance with the city' s Landscape and Screening Requirements . Decorative masonry walls shall also complement said street frontages, in accordance with the submitted conceptual landscape plans The final landscape plans shall also incorporate internal landscaping, including around the retention basins, xeriscaped front yards and pedestrian walkways shaded by trees natural to the desert. Six foot masonry walls shall also be required along the '^ PZ-2-13/SD-1-13 (Beus Gilbert/Pathfinder/Adams) PAGE 8 OF 9 south and east perimeters of the property. Final landscape plans are subject to Planning Staff review and approval . 6) The proposed duplex units shall be constructed in accordance with the model type submitted by the applicants as part of this PD amendment request. The homes shall be designed with southwestern architectural features, shall provide ground mounted air conditioning units and architectural treatments on all four sides of the buildings so as to preclude flat or blank facades, including pop-outs and roofline and color variations to add visual interest 7) All applicable permits shall be applied for and plans shall be designed to current City codes prior to any construction on the lots Inclusively, all applicable fees, including development fees, shall be paid at the time of permits issuance on a per-duplex building basis . 8) The final planned development plan shall reflect substantial compliance and consistency with the Planned Development concepts presented with case PZ-2-13, including the site and the conceptual landscape plans date stamped 3-21-13, incorporated by reference herein, and as otherwise specified through these conditions of approval. 9) All common areas and tracts within and immediately adjacent to the proposed development, including perimeter buffer walls and interior and exterior common area landscaping shall be owned and maintained by the management company of the proposed Apache Junction Villas 10) Minimum setbacks and building separations specific to this Planned Development property shall be as follows: a) Front Yard (north side) - 15 feet; b) Side Yard (east side) - 15 feet; c) Street side yard (west side) - 15 feet; d) Rear yard (south side) - 35 feet; e) Minimum distance between buildings (side to side) - 10` , __ i PZ-2-13/SD-1-13 (Heus Gilbert/Pathfinder/Adams) PAGE 9 OF 9 f) Minimum distance between buildings (back to back) - 12' . RECOMMENDED MOTION FOR VACATION OF PLAT CASE SD-1-13 I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (approval/denial) of case SD-1- 13, a request by Paul Gilbert and Dennis Newcombe of Beus- Gilbert PLLC, representing Pathfinder TRF Six LLC and Adams Construction Company, to vacate the existing subdivision plat for "Idaho Creek Villas - Phase 3" , to make way for the proposed "Apache Junction Villas" planned development approved under Case P2-2-13, subject to the following conditions of approval : 1) All conditions of approval for the CR-5/PD zoned property as approved pursuant to Planned Development Major Amendment case PZ-2-13 shall govern the design and subsequent improvements for "Apache Junction Villas" . 2) The property owners shall draft and record a survey map which dissolves the former 47-unit "Idaho Creek Villas - Phase 3" subdivision plat map, by erasing all former individual property lines and redescribing the property as a single unsubdivided lot, prior to any new development on the property oink This case is tentatively scheduled for City Council work session on Monda , April 1, 2013; and for public hearing by the City Council ' Tues April 16, 2013 . Prep 'e y- y squivias Senior a er/Zo ing Administrator Attachments• Exhibit #1 - Zoning and vicinity map for PZ-2-13 Exhibit #2 - Aerial image of site and surrounding neighborhood Exhibit #3 - Assessor's Map of current Idaho Creek Villas - Phase 3 Exhibit #4 - Citizen Participation Meeting narrative with exhibits Exhibit #5 - Final Citizen Participation Meeting Report Exhibit #6 - Apache Junction Villas - Proposed Project Overview Exhibit #7 - Staff and other agency review comments Exhibit #S - Proposed Site Plan for Apache Junction Villas, dated 2-21-13 Exhibit #9 - Revised Sate Plan and Conceptual Landscape Plan, dated 3-21-13 PZ - 2 -- 13/ 5D - I - 13 A REQUEST TO AMEND THE PLANNED DEVELOPMENT PLM4 AND VACATE. THE 5U5DIVIS1014 PLAT BIZ tDANO CREE.K VILLAS -- PHA5E 3 FOK A NEW DEV1cLOPM EMT CALLED`"APACNr. .JUHCT►oN V 11.Lb.5" I ILI E / Al j 001 0. R j r SO ' i V. . 1TEFE E / i 1 . , e- - -..-Avoir i .... _, ,,,,,,,.. AI 17, , ! I E 4 / Ir': / = 5 r4 i J. 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Proposal Apache Junction Villas (approx. 3.99 net acres) Amendment to the Previously Approved Planned DevelopmentjPZ-6-01, Ordinance 1155). Property Location. Southeast Corner of Plaza Drive&Tepee Street.Apache Junction. Arizona. A Development by Adams Construction &Management Company Dear Neighboring Property Owner. An application for a Planned Development Amendment (the "Amendment") has been submitted to the City of Apache Junction Planning &Zoning Division(Case Number. PZ-2-13). The Amendment is being proposed to amend the previously approved Planned Development (The Villas at Superstition Mountain — Phase 3) for the property shown on the attached "location map" or more specifically the vacant approximately 3.99 net acres located at the southeast corner of Plaza Drive and Tepee Street This Amendment request proposes to slightly increase the number of residential units from 47 to 52 and reduce the building heights from 2-stones to 1-story along with adding garages (See attached "Site Plan") Our client's goal is to develop an affordable senior hvmg rental community on the property, which will be designed and function similar to their project completed in Bullhead City, Arizona. (See attached "Photo of their Building Elevation and Floor Plan in Bullhead City") The following web link (http://katherineheights.com/semorVillas.html) will provide more information regarding their affordable senior living rental community m Bullhead City, Arizona, as well as additional photos (interior) Moreover, they are currently constructing an affordable family style community at 1170 North Idaho Road in Apache Junction As with their 1170 North Idaho Road development, the proposed Apache Junction Villas affordable senior living rental community at the southeast corner of Plaza Drive and Tepee Street will be built utilizing funds from the Low Income Housing Tax Credit(LIHTC)program administrated by the Arizona Department of Housing With that said, the proposed Amendment will result in lower heights than the previous approval (The Villas at Superstition Mountain — Phase 3), reduced traffic, quality design, and provide for an affordable housing option for seniors We also believe the proposed Apache Junction Villas development will fit more appropriately with the area than the previous approval Our client, Adams Construction & Management Company, looks forward to developing this vacant property and providing an asset to the area as well as homes within close proximity to services in the community. To that end, we will be having a neighborhood meeting to discuss our client's proposal further. Uowmmt Number 161073 Dear Neighbor Apache Junction Villas(approx 3 99 net acres). Southeast corner of Plaza Drive&Tepee Street,Apache Junction,Arizona Neighborhood Meeting—March 13,2013. February 27,2013 Page 2 of 2 NEIGHBORHOOD MEETING eiN Wednesday, March 13, 2013 6.00 PM to 7.00 PM Apache Junction Parks and Recreation Multi-Generational Center Classroom B117a 1035 North Idaho Road Apache Junction,Arizona 85119 Telephone No • (480)474-5240 Note: The Apache Junction Parks and Recreation Multi-Generational Center is identified on the attached map. (See attached"Aerial Map") We invite you to attend the upcoming neighborhood meeting, but if you can not attend, please feel free to contact me, Adams Construction &Management Company's representative. Dennis M Newcombe Planning Consultant Beus Gilbert PLLC 701 North 44th Street Phoenix, Arizona 85008 Phone. (480)429-3065 E-mail, dnewcombe@beusgilbert.com Please be advised that public hearings before the City Planning & Zoning Commission and City Council will be held to review this proposal in the coming months. You should receive a second mailing in approximately 1-2 weeks identifying the date and location of those hearings If you require additional information from the City of Apache Junction, please free free to contact the assigned City Staff person below Rudy Esquivias Senior Planner/Zoning Administrator City of Apache Junction 300 East Superstition Boulevard Apache Junction,Arizona 85119 Phone. (480) 474-2645 E-mail. rgsquivias.@ajcitv.net Finally, we look forward to positive involvement with the community and maintaining an open dialogue throughout the entire pubhc process. Thank you foi your time and consideration Dennis M. Newcombe Enclosures. Location Map,Site Plan, Photo of Building Elevation/Floor Plan in Bullhead City, and Anal Map. .4•i 4' ;!"" • s d s 'lee, ° . * K s/" i` '•mo t y • w + `, a1L s i .i •• 4t t .i It.:,:r.,*),..,, ;r =I` ; t ,f • 4it '* a ` ra I)'• d ,-"r� 41. tr . " ; .-jar i , 4 . —lit `•, F r .� �.. _._W Tepee St ,� • _,- g1. ...„., ,. !x 1, �. e v • It w.a p i ii `�i. .. ►• _ 4 � �} . r—;PROPERTI' i ! „'' I Rro�- ' .`•41: • w : , I .. . #jam + 14 . t t ♦ a , t f r ,: ® / • � ` R r4. 11k @ '�l . a I Orth k I ' 1 I ' - . .:40.•:=5-ii:! ' , _At _ __ LOCATION MAP SOUTHEAST CORNER OF PLAZA DRIVE&TEPEE STREET,APACHE JUNCTION,ARIZONA. PROPOSED APACHE JUNCTION VILLAS. 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WyGREASEWOOD ST — m t` b , :a Final * ' l } P-t� © Pending AL MIMINIII i iROUNDUP MHP ...� 1 -. ,- .. to M G.�'� Arizona Counties ir MEMOS ,}•wig.+ *..t ,'gliallaal F .r� __W SUPERSTITION BLVD.___— :.re ___— E SUPERSTITION BLVD Paint Counties PMaI C ! �`y_ r Background Imagery o 0 , 1 1;!, ',. e 1 z }f it W'VIRGINIA ST 0 18 a s 1 ,+ fIli S, . III II E �. 3 ��� 2 _ 4if' 7 1 1 15,327 /� Pinal County makes no warranty,expressed or implied regarding the accuracy �J completeness or usefulness of the information provided on this map.Pinal 0 5 0 0 24 0 5 Miles County disclaims any responsibility or liability for any direct or indirect damages Notes resulting from the use of the information represented on this map.This map and Enter Map Description represented data is not intended to be used as a survey product or official record 4D Pinai County THIS MAP IS NOT TO BE USED FOR NAVIGATION PIN oe" BEUS GILBERT PLLC ATTORNEYS AT LAW 70 I NORTH 44TH STREET PHOENIX ARIZONA 05008 6504 I480) 429 3000 FAX 1480)429 3100 WRrrER's DIRECT LINE 480-429-3065 dnewcombe(a be us gi l bcri,coin 10090-005 egiN March 14, 2013 VIA E-MAIL& U.S.MAIL Mr Rudy Esquivias Senior Planner/Zoning Administrator City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 Re Outcome of Neighborhood Meeting—March 13,2013. Case: PZ-2-13. Proposal Apache Junction Villas(approx 3 99 net acres) Property Location Southeast Corner of Plaza Drive&Tepee Street. A Development by Adams Construction & Management Company. Dear Rudy. We held our neighborhood meeting last night and three(3) people attended representing two (2)properties (See attached' Sign-In Sheet) They were Paul Eisenmann- 1474 North Plaza Drive (2 People) Bob Klaas— 1641 North Plaza Drive (1 Person) Paul Eisenmann had clarifying questions for us regarding the prior rezoning case that allowed for 2-story buildings, our client's current project setbacks/wall locations, and the proposed 1-story buildings He mentioned we satisfied all his questions and he was pleased that we are eliminating the 2-story buildings and are now proposing I-story buildings Mr Eisenmann did not express any concern with the proposed use/layout as presented Bob Klaas expressed concern with the two (2) driveways proposed along Plaza Drive, m particular the one (1) driveway closest to Tepee Street He was concerned with the safety of turning movements at that particular driveway. Moreover,he wants to limit the amount of traffic using Plaza Drive going south towards Superstition Blvd., which he mentioned that intersection can be difficult to make left turns or to go straight across due to the lack of a traffic signal. However,he expressed some tentative support for allowing the 2' driveway location along Plaza Drive (i.e, the furthest driveway proposed south of Tepee Street) with the elimination of the other driveway We advised hun we would evaluate the two (2) driveways proposed as well as eliminating one (1) of the driveways for safety, access, internal circulation, etc as well as we Document Number MP SD Mr Rudy Esquivias,Senior Planner/Zoning Administratoi. Outcome of Neighborhood Meeting—March 13,2013 Apache Junction Villas(approx 3 99 net acres). Southeast Corner of Plaza Drive&Tepee Street. March 14,2013 Page 2 of 2 would discuss this matter further with the City Staff Aside from the Plaza Drive driveways concern, Mr Klaas did not express any concern with the proposed use, height, or general layout of the buildings as presented If you have questions regarding this correspondence or the neighborhood meeting, please feel free to contact me Very truly yours, /BEDS G1LB P Ly 6t/tt-L__' D:4, co Planning Consultant Attachment:As stated. es SIGN-IN SHEET NEIGHBORHOOD MEETING MARCH 13, 2013 LOCATION: APACHE JUNCTION PARKS AND RECREATION MULTI- GENERATIONAL CENTER (CLASSROOM B 1 17A). 1035 NORTH IDAHO ROAD. 6.00PMTo7:00PM. A PLANNED DEVELOPMENT ("PD") MAJOR AMENDMENT TO AMEND THE PREVIOUSLY APPROVED PD (IDAHO CREEK VILLAS -- PHASE 3) FOR APPROXIMATELY 3.99 NET ACRES LOCATED AT THE SOUTHEAST CORNER OF PLAZA DRIVE & TEPEE STREET. THE PROPERTY IS ZONED CR-5/PD (MULTI-FAMILY HOMES WITH A PLANNED DEVELOPMENT). PROPOSAL WILL INCREASE THE NUMBER OF RESIDENTIAL UNITS FROM 47 TO 52 UNITS AND REDUCE THE BUILDING HEIGHTS FROM 2-STORIES TO 1 -STORY. (CASE NUMBER: PZ-2-1 3). FOR ADAMS CONSTRUCTION & MANAGEMENT COMPANY. PROPOSED DEVELOPMENT: APACHE JUNCTION VILLAS (AN AFFORDABLE SENIOR LIVING RENTAL COMMUNITY). • APZ., irr/�j~M A 44 ( 4&.7c/ A t P zA DR 140P 7,6" 9 Oc✓ NAME ADDRESS PHONE#OR E-MAIL 2. 13°L Marks 16111 v P1ro & by' jfo s7tt-37Y NAME ADDRESS PHONE#OR E-MAIL 3 NAME ADDRESS PHONE#OR E-MAIL 4 NAME ADDRESS PHONE#OR E-MAIL NA11: ADDRESS PHONE#OR E-MAIL 6. NAME ADDRESS PHONE#OR E-MAIL Neigh. Mtg Sign-in Sheet, March 11,2013,Apache Junction Villas-PZ-2-13 ihmmmifiunlm i61905 eiS Final Citizen Participation Report for Apache Junction Villas(approx.3.99 net acres). An Affordable Senior Living Rental Community. A Development by Adams Construction& Management Co. SUBMITTAL DATE:FEBRUARY 21,2013. Updated: March 19,2013. PURPOSE' The site is located at the southeast corner of Plaza Drive and Tepee Street(the"property") The purpose of this Final Citizen Participation Report is to provide an update regarding our endeavors to inform property owners, interested parties, homeowners associations, agencies, schools and businesses in the vicinity of the site regarding our application for a Planned Development Amendment. This report will outline what we have done to ensure that those potentially affected by this application have an adequate opportunity to learn about and comment on our client's proposal CONTACT: Dennis M Newcombe Planning Consultant Beus Gilbert PLLC 701 N 446 Street Phoenix,AZ 85008 Direct-(480)429-3065 Fax-(480)429-3100 dnewcombe@beuseilhert corn REVIEW SUBMITTAL: Those items requested by the City for clanfication have been or will be addressed. We will continue to work with the City Staff and those agencies to address any concerns,questions,etc as they may arise throughout this process UPDATED ACTION PLAN In order to provide effective citizen participation in conjunction with this application, the following actions were taken to provide opportunities to understand and address any real or perceived impacts this development may have on the community. I.) Contact lists were developed for noticing within the area of the property,they are. • All homeowners associations and property owners within 300'of the property • An interested parties list 2) All persons listed on the contact lists were sent a letter describing the proposal,building elevation,floor plan,site plan,and invitation to the neighborhood meeting. A copy of the letter was provided to the City for their file "111S Final Citizen Participation Report for Apache Junction Villas(approx 3 99 net acres) An Affordable Senior Living Rental Community A Development by Adams Construction&Management Co Page 2 of • The neighborhood meeting was attended by three (3) people representing two (2) properties We provided an introduction to our client's proposal and opportunity for those.individuals to ask questions and state any concerns or issues they may have with the proposal. A letter to the City outlying the outcome of this meeting was provided to the City along with a copy of the sign-in list eiN 3.) The City mailed to those persons listed on the contact lists a public hearing notice letter identifying the public hearings and their dates, times, and location for the proposed project A copy of the notice letter is in the City's file 4) Posting of the property regarding the hearing dates and location was completed 20-days in advance of the formal Planning & Zoning Commission hearing A copy of the sign posting photos and the affidavit of posting was provided to the City for their file UPDATED SCHEDULE. 1 ) Preliminary Development Review Submittal-February 21,2013-Completed 2) Appl►cation Submittal-February 21,2013-Completed. 3.) Neighborhood meeting letter mailed-February 27,2013-Completed 4.) City mailed public notices regarding the public hearings-March 4,2013-Completed. 5) Required posting of the property for public hearings-March 5,2013-Completed. 6.) P&Z Work Session (300 East Superstition Blvd. in the Council Chambers) - March 12, 2013,7 PM-Completed. 7.) Neighborhood meeting-March 13,2013- Completed. 8.) Submittal of Final Citizen Participation Report-March 19,2013-Corn[Acted 9.) P&Z Public Hearing(300 East Superstition Blvd in the Council Chambers) - March 26, 2013,7 PM 10.)City Council Work Session (300 East Superstition Blvd in the Council Chambers) — April 1,2013,7 PM I i )City Council Public Haring (300 East Superstition Blvd. in the Council Chambers) - April 16,2013, 7 PM /',''1 ADAMS CONSTRUCTION & MANAGEMENT CO., INC. 16I 1 t.t,t 2'6() 1 -`lutt. A • tit ( t�t,t�e. t;t.11l 'ilt iiz-, 111-4-f l.l\ -f ii hs Apache Junction Villas Proposed Project Overview March 7, 2013 To Whom It May Concern The Apache Junction Villas is a proposed 52 unit duplex affordable housing project for seniors to be located on the corner of Plaza Drive and Tepee Street in Apache Junction. The product design will be similar to other senior projects we have developed in Utah &in Arizona To see pictures of the proposed product we developed in Bullhead City,you may go to www kathermeheights.com on the Web and click on the"Villas" link Previously we have provided an exterior elevation picture along with a floor plan for the units The Villas will be duplexes with 2-Bedrooms, 1-bathrrom, 1-car oversized garage The following will be the rent configuration - 21 Units @$635 - 16 Units @$493 - 15 Units @ rents between the amounts listed above Following are some of the proposed amenities for the project - Manager living on site - All landscaping maintenance provided - Security cameras - Manager Leasing Office - Clubhouse - Activity Director - Visiting supportive services providers We have experienced very strong demand from seniors who need affordable housing and have visited our Apache Junction Townhomes For most of them, it does not make sense to rent a 3 bedroom unit but we have already leased 6 units to seniors. Sincerely, //3,V W Gregory A Wagner- President �..� ttt�1.t L f.11�t;c arir.l,na(It I ian�t 032' NANB. 24� il�� 1 5j Ol I iLt IlSt tt_),-8I) cvc a ,:.,• MrSt11u i rF41111. /,Hllln .I Mir.►,�,yr. Ingsalrot Ask Rudy Esquivias From- Rudy Esquivias Sent. Wednesday, March 20, 2013 3 45 PM To. 'Paul Durr' (pdurr@acmc-utah.com), Dave Clark (platt@infowest corn), Dennis Newcombe (dnewcombe@beusgilbert corn) Cc Brad Steinke, Sam Jarjice, Giao Pham, Emile Schmid, Dennis Dixon;John Suniga (John suniga@ajfire org) Subject. FW Apache Junction Villas(3) Gentlemen Please see the comments I have received thus far on the proposed site plan for Apache Junction Villas - Sam Janice, Dev Services Engineer- on the Private Street detail, remove the reference to"A1-20 1 Residential Street", because although the structural may be ok,the width does not meet standard; please also provide adequate on-site retention and drainage structure details at the time of improvement plans submittal - Dennis Dixon, Building Official the separation distances indicated between the buildings on the plan (10' between sides of buildings and 12' between backs of buildings) comply with the Building Code, which normally calls for 5' to a property line or an assumed property line (10' separation) - Rudy Esquivias, Senior Planner please provide the percentage of open space on the net property(i e , areas not being used for buildings, private streets and driveways, and retention or drainage). - John Suniga, Deputy Fire Marshal (see John's comments below) Thanks and I hope to have some comments for you from Public Works Engineering no later than tomorrow Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net AmIN SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7 00am to 6 OOpm, closed Fridays and Holidays ) From: John Suniga [mailto john.suniga@aifire orq] Sent: Wednesday, March 20, 2013 3:20 PM To: Rudy Esquivias Subject: RE Apache Junction Villas Yes, that would be the best off*. Ask ___. s .y��... C :err ors ' Jahn Suniga Deputy Fire Marshal (480) 982-4440, Cell (480) 318-2484 john.suniga@aifire.org Ilk New office hours Monday-Thursday, 0700-1800 begining 9/10/12 Connect With Us: • 4 ,. _ __ T SHARE' so SHARE ube From: Rudy Esquivias [mailto:resquivias@ajcitv.netj Sent: Wednesday, March 20, 2013 10:30 AM To: John Suniga Subject: RE Apache Junction Villas Thanks John For the purpose of clarity, do you mean four hydrants? One each at the east and west ends of Durr,and one each at the east and west ends of Adams? -Rudy- From: John Suniga [mailto:John.suniga@affire.orol Sent: Wednesday, March 20, 2013 10.12 AM To: Rudy Esquivias Subject: Apache Junction Villas Rudy after careful examination of fire hydrants, I would suggest locating a hydrant at both ends of Durr and Adams street, everything else seems to be in order for fire i'►. If you have any questions please call me Thanks ,ht sok, , Jahn Suniga Deputy Fire Marshal (480) 982-4440, Cell (480) 318-2484 lohn.sunlga@aifire.org New office hours Monday-Thursday, 0700-1800 begining 9/10/12 *pm 0.11tat III a� 1F we lM•C0 N IF[M Mt, A10 a,_.I,'_a a MN F -00 10+0 0 AWAY 0 Asa 0 Had,0 •V Cl I V��. �.V V V V� (t�.. TO MT V.LVe(rt t .KI,M.I MDt to Sal it T 1 M,•A C.CA UM 1 1 4 IEN Q1)ADVMY PCR KN.••0V SA lMa tf W W w ! 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PLAZA OWE DETAIL lA.O i I now P10.01 O TOMS[)A IOC A.ARal V M G1Ka Lair•as mII 10 aM SITTSMI•M 0N-707 Tn1.1001 ST.) �•y OJ 10 AV.Wa.04•M0 in,KCAL a it•Mats ..W it fR-1T% 0 nue nor o,ow An In cat n•U I t•AMt•AC••Ms r,AI AYOrttrtt I•stalls Q.Sc S a I raal a a IAM.Data Stab M•.ARa•nal a•u aaRa C Snap�l► t' 11. L' Q 4 t �' a•rA.a rn.I RRR•.M.D�ual,MC a /RDRTT RVCCOKR '- i t.s s1.fie•P AIMS O 11102la1 1 aarKl.O tII IC / r-a ... .'.a t11,M, .x MUM J • alKaCA Al renvm. GLUT A LTC M1MSiKAl // Tf-M S �/ Ls:•L1 R•SG j - MIVAtE STREETS _a</: APR-1 i D Mm 111 AJa.[ I 1L REC'D MAR 21 2013 R4 .n , • ii, i SI,•..1 un o..a..l . @ 4 a tn WM.tn.t QIYf WC :4 Y.55 vltt. i! g Z r SOW vlVt• F. C�T14 C CK C ttLp)tt04[IM ,• �vec,anon as - I tPACM JUATC170#Plods'' &AIM noxr av t ---- - 'AMCu,a Pe: - • f. v..l•,N.Of`441v.Morro,.iMM(Flw+ / ' MR T.•tTY fiW raft*tf/tfn(wan, ,`1 M�V.I.I.1r,.Mp[v i�v.v� ea I Ye fo» i>A/.W tI. MAIN ENTRANCE (TEEPEE STREET) ""'` "t" Kt.".<" n I'll,van.Tor.,.,.1. I+ !11 tvM wlaa.LLIK L.n.IRI.D.Mr 50- _...-..-.__. — >> �/ r S. MIS I1)Y[ Twn•..t AS.fRCIin L »Iv.Mr*e arwm. wM CI Wit.GU J chi f,. t t J >2 cif n -cltnSrto 20 22-_.__� S i.4 0` ) t1 - a Ci 1 'I� �y VN .1_ C 2 .nw:I,'^TC51••r T'Mt..frG \,T•niw•onwTcrttt'WV CdT V 7 rn. Q f, TYPICAL SECTION a NORTH AND WEST SIDE OF DEVELOPMENT (ALONG TEEPEE STREET (WEST OF ENTRANCE ABOVE] & PLAZA DRIVE) •:..... \ ) itc'p MI )21 2013 3 ) R he Ail Ili w a ii CD_ORED ROCK DES-FP 1_ -''`� a > B ND CTYPICA > �z 0 LS 1Q � t ZZ J/ 1 01(3 1 SPRINKLER .,--CONTROLLER ; FSP-L CME �3$ C 7A�? .-VAl V[ BOX .__--. SHAMMEI ASH TREE p t CA, R 48' HIGH \, y - 4. EXTRUDED �L'RB i ,L\..„..74.1, 404 "�- 19' IC- nn SHAMMEL ASH R`r_E i h� 1 ?,►i�%, c' CAL R 6' RACKFLOW ASSt MBL,- t \ VI= J \`-,. DECOMPOSED CRANI'E -' APACHE BROWN y TYPICAL f- Zd w wad., TYPICAL DETAIL UNIT LANDSCAPING ni ty z 0Z�0 14.15 2a U" a Q.V al I,I)-2 REC'D MAR 21 2013