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HomeMy WebLinkAbout2025 05.05 City Council Work Session Agenda 04 �,?ACHf� City of Apache Junction, Arizona Meeting location: +� City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd. \gilONr Apache Junction,AZ - City Council Work Session 85119 apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Monday, May 5,2025 7:00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1. 25-214 Presentation and discussion by ADOT representatives on the status of the North-South Segment 1 Corridor Study (SR 505). Sponsors. Rudy Esquivias Attachments: North-South Presentation Updated 2. 25-175 Presentation and discussion on special event processes and potential ordinance updates. Sponsors: Liz Langenbach and Riley King Attachments: Staff Memo-Special Event Ordinances Special Event Ordinance Council Presentation (002) 3. 25-188 Presentation and discussion on Resolution No. 25-08, authorizing the City of Apache Junction to enter into an intergovernmental agreement with the Arizona Department of Water Resources to contribute to the maintenance of the Arizona Continuously Operating Reference Station (AZCORS) program, and authorizing the City Manager to fulfill all the duties required under the agreement. Sponsors: JC Kliner Attachments: AZCORS IGA Memo Resolution No.25-08 ADWR IGA AZCORS PROGRAM Res25-08 ADWR IGA Presentation City of Apache Junction,Arizona Page 1 Printed on 51112025 City Council Work Session Agenda May 5,2025 4. 25-193 Presentation and discussion on the preparation of the five (5)year update of the Development Fee Study: Land Use Assumptions, Infrastructure Improvements Plan, and Development Fees as well as an update to Volume II, Chapter 7 Development Fee Ordinance. Staff is recommending the approval of the professional services agreement with TischlerBise for a lump sum not to exceed amount of$67,440.00. Sponsors: Sidney Urias Attachments: Development Fees staff memo 05052025.pdf TischlerBise PSA 04152025.pdf Apache Junction AZ Proposal.pdf Development Fee Update Presentation CCWS 05052025.pdf D. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 2 Printed on 51112025 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 1. �Piz oN* File ID: 25-214 Sponsor: Rudy Esquivias Agenda Date: 5/5/2025 Index: In Control: City Council Work Session Presentation and discussion by ADOT representatives on the status of the North-South Segment 1 Corridor Study (SR 505). City of Apache Junction,Arizona Page 1 Printed on 51112025 North = South Corri • • Study US 60 to Aroizona Farms Road ( Segment 1 ) Tier 2 Environmental Study and Design Concept Report (DCR) Apache Junction City Council Meeting I May 5, 2025 ARIZnNA - DEPARTMENT OF - TRANSPORTATION Mesa ApacheJunction . 60 560 0 Gold Canyon o 0 Florence North =South Corridor — — a %W Queen Creek �1e lunctir so - - a Background San Tan y `oQ�t ;J GNa River Valle 779 Indian Community •Arizona Farms Rd . Corridorspans more than 50 miles between �AP6 i ce US 60 and 1 - 10 Coolidge 7 In Aug. 2021 ADOT selected a 1 , 500-foot wide aICrnde sa North -South corridor throu h a Tier 1 g Environmental Impact Statement ( EIS)/DCR ............... *..................Eloy process Arizona City i--10 Picacho • The North -South Corridor Study split into two - North-South Segment 1 US 60 to Arizona Farms Road r CAP Luna separate Tier 2 studies Norte-Sur Segmento 1-US 60 a Arizona Farms Road - North-South Segment 2 Arizona Farms Road to 1-10 near Eloy/ Norte-Sur Segmento 2-Arizona Farms Road a 1-10 cerca de Eloy M rana a cv ro� T *ier * Segment 1 : US 60 to Arizona Syr ` Wd(dnynn t3 Farms Road fiorpRa p ® 2` • 20 miles 4410, flaen<e Queen Creek Moon o �' SR 24 not Sony 79 component of this Nwh•SwhSegment study. Will be further y ,,omCiit AdwmFjrmsW evaluated as a p a rt a .of a future stud _ y Nwh•South Segment I US 60 to ArQona Farms Road (u:ar North-South Segment 2 (Separate StW An=m F arms Road to I.10 near Eby Marano Study Goals � Identify alternatives for narrowing the corridor segment, from a 1 ,500-foot corridor to a proposed 400-foot freeway alignment. Q Identify proposed interchange locations and develop interchange design concepts. Develop a Tier 2 EIS and DCR. .�; Determine the Selected Alternative. 40 Preliminary Purpose and Need • Improve access to future activity centers • Improve regional mobility * Improve north-to-south connectivity • Integrate the region's transportation network • Address existing and future population and employment growth soy Baseline Road Preliminary Western A:ignment Baseline Elliot Elliot Rd I Center or Eastern o \ Baseline Alignments: _ I Alignment \ to Elliot o US 60 to Roberts Road n 1 1 Western I '_ v �` Alignment • Identifiedpreliminarybuild Ray Rd � �� Eastern alternatives with two 24 Constraint � Alignment Areas alignment alternatives in Germann Rd two areas: Western Alignment ` Inset o Baseline Road to Elliot Germann to Ocotillo Germann 1 1 to Ocotillo Ocotillo Rd � � 1 Road , , Western 1 1 o Germann Road to Queen Creek 1,500a,) Alignment ` Ocotillo Road Combs Rd Corri 1 Eastern 1 � 1 o South of Skyline Drive Alignment Skyline Drive J 1 1 Roberts Rdl �,kt Preliminar y Alig nments , Roberts Road to Arizona Farms Road Skyline Drive ' Skyline Drive ' Skyline Drive ' Western Alignment d t t t Robers o d Center Alignment d � � � � � � Eastern Alignment Roberts Rd I Arizona Farms Roberts Rd I I Roberts to Roberts Rd I I II Arizona Farms I Roberts to I Arizona Farms Bella Vista Rd Bella Vista Rd Bella Vista Rd Constraint Constraint Constraint Areas �a; Areas Areas �a Judd Rd ��`\\o I I Judd Rd �a�to I Judd Rd I I 1,500-foot I } / II I / I I 1,500-foot t :IL,500-foot Corridor Orr or Ma marRd Ma ma Rd dor Ma ma,Rd I 1 I. Arizona Farms Rd Arizona Farms Rd A Arizona Farms Rd o/a�s L 1,500-foot study corridor LD tiny > Future US 60 Connection C 9 Connection to Existing US 60 Alignment 0 �a � • Direct connection between US 60 `�� and SR 505 Apache Junction US 60 connection to Old West Hwy Baseline Rd `\ per previous DCR • Possible connection concepts. I a. Existing US 60 east of Mountain 10c View Rd to remain (with access g p I `,� Gold Canyon Traffic interchange to provide I connection to existing US 60 points and traffic signals) {IocationTBD) 140 b. New traffic interchange and roadway connection at Houston I Ave to connect to US 60 C. Connect Old West Highway to the existing US 60 at Goldfield I � Road I d. US 60/Goldfield Road interchange to remain I l Traff*lc Interchanges 02 8 A padre Junction Potential locations 60 o Houston Ave •`\\Elliton Ave � • ot,Rd Gold Canyon o Elliott Rd \ , � • Ray Rd o Ray Rd 60 o SR 24 -r: �, •Germann Rd Florence o Germann Rd Junction 60 o Ocotillo Rd Queen Creek ® . Ocotillo Rd � o r •Combs/Riggs Rd o Combs Rd/Riggs Rd '`` `oQ � a North-South ' ,.%%' ` o Skyline Dr Segment 1 San Tank • Skyline Dr o Bella vista Rd valley • Bell a,Vista Rd 79 o u d d Rd • Potential Interchange Locations •Judd Rd o AZ Farms Rd Arizona Farms Rd Study We Are Here L 1w ernative 1'% Draft Environmental Alt LStudy and Initial Final Environmental •ta Collection DevelopmentI Design Concept Study, and DCR and Evaluation • Report (DCR) Record of Decision Public Public Public Information Information Hearing Meetings Meetings Publication of the . Two Notice of Intent Years (Begin Environmental Process) Anticipated completion 2023 2025 in 2027 *Schedule subject to change Thursday, May 15 15 :30 — 7:30 p. m. • Apache Junction Multi-Generational Center ( MGC) Upcoming • 1035 N Idaho Rd ., Apache Junction Publ 'ic Meeteings Tuesday, May 20 15 :30 — 7:30 p.m. Poston Butte High School • 32375 N Gantzel Rd ., San Tan Valley Thursday, May 22 16 — 7 p. m . • Virtual Public Meeting Public can provide comments on current study phase through June 1 0, 2025 Public meetings (in-person or virtual) Publ 'ic Online comments: Comment 10 www.northsouth-segment1 .com Persiod � Email: info@northsouth-segment1 .com Ca11: 602-474-3990 Mail: ADOT NSCS Segment 1 c/o HDR, Inc. 20 E. Thomas Rd., Suite 2500 Phoenix, AZ 85012 Questions? ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. '+PizoN* File ID: 25-175 Sponsor: Liz Langenbach and Riley King Agenda Date: 5/5/2025 Index: In Control: City Council Work Session Presentation and discussion on special event processes and potential ordinance updates. City of Apache Junction,Arizona Page 1 Printed on 51112025 fI� f City op A ache Junction_ yf Home of the Superstition Mountains DATE: APRIL 2, 2025 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: LIZ LANGENBACH, DIRECTOR PARKS&RECREATION SUBJECT: SPECIAL EVENT PROCESS REVIEW AND ORDINANCE UPDATES The City's parks and recreation department has taken the lead in working with multiple departments and entities to improve special event processes city-wide. Over the past two years,the following efforts have been made to improve the safety and consistency in events ran throughout the city: 1. Inter-departmental Special Event Task Force created to review and support public and private city-wide special events 2. Special Event applications and processes have been updated 3. A Special Event Handbook has been created to streamline the process for event-planners 4. The city-wide Special Event Liaison role has been added to Parks and Rec Management Analyst, Riley King's, position so that event-planners have one point of contact for assistance The Special Event Task force has identified items within current special event ordinances to be updated and re-considered, as well as items needing to be included. Staff will share the current event processes in place, current event ordinances, and gauge interest from city council to bring these back for potential changes. This item will be discussed and brought back at a future date for Direction to Staff. SPECIAL EVENT ORDINANCE AND PROCESS PARKS & RECREATION May 5, 2025 SPECIAL EVENT TASK FORCE Comprised of Public Works, Parks and Rec, Police Department, City Clerks Office, Superstition Fire and Medical district EVENT APPLICATION An overview of the event that helps the task force make decisions on what assistance and safety measures are need for each event - submitted by the APPLICATION REVIEW Once application gets submitted each department on the task force looks it over and submits questions or feedback. Once all questions are answered then departments give their approval with their requirements for event to be held. kr 1 7 !Tk W, EVENT HANDBOOK Created to help the event organizer walk through the application and review process. MANAGEMENT ANALYST- SPECIAL EVENT LIAISON Meet with new event organizers to help walk them through the process and help answer any questions CURRENT ORDINANCE The current ordinance lives under Business license code . ARTICLE 8 - 8 : REQUIREMENTS FOR COMMUNITY AND CIVIC EVENTS WHY ARE SPECIAL EVENT ORDINANCES IMPORTANT?. • Public Safety • Protect Public Spaces • Enhance Event Quality and Organization • Minimize Public Impact • Reduce Risk and Liabilities • Manage Traffic and Road Closures • Clear and Consistent Process OTHER CITIES WHO HAVE A SPECIAL EVENT PERM ITS /ORDI NANCE ORDINANCE/ PERMIT PERMIT ONLY • Avondale is Tempe Casa Grande • Buckeye • Scottsdale Maricopa • M esa • Oro Valley Queen Creek- currenty • Goodyear working on ordinance • Marana • Gilbert NEXT STEPS 1 ,0 Return to a later meeting for Direction to Staff • Bring back Market Cities research • Staff will identify needs and gaps 2 . If directed , bring back draft code changes 3 . Public hearing this summer to adopt new/ revised ordinances QUESTIONS ? ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 3. Piz File ID: 25-188 Sponsor: JC Kliner Agenda Date: 5/5/2025 Index: In Control: City Council Work Session Presentation and discussion on Resolution No. 25-08, authorizing the City of Apache Junction to enter into an intergovernmental agreement with the Arizona Department of Water Resources to contribute to the maintenance of the Arizona Continuously Operating Reference Station (AZCORS) program, and authorizing the City Manager to fulfill all the duties required under the agreement. City of Apache Junction,Arizona Page 1 Printed on 51112025 City of Apache Junction 7f Home of the Superstition Mountains DATE: MAY 5, 2025 TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: JOSEPH C KLINER, GIS ADMINISTRATOR THROUGH: BRYANT POWELL, CITY MANAGER SUBJECT: CONTRIBUTION TO THE MAINTENANCE OF THE ARIZONA CONTINUOUSLY OPERATING REFERENCE STATION "AZCORS" PROGRAM A continuously operating reference station "CORS" is a permanent site that users can access to receive highly accurate real-time coordinate information over the internet. The equipment at one of these sites consists of a mounting pole, GPS receiver, GPS antenna, cellular router and other associated electronics. Arizona Department of Water Resources "ADWR" manages and operates the AZCORS program that consists of 36 State-managed sites and 15 sites managed and operated by EarthScope and the National Parks Service for a total of 51 CORS sites. Staff has been utilizing AZCORS since 2020 and it is a critical component of Apache Junction's GIS data collecting efforts. Over the last year ADWR has worked to construct new AZCORS sites and replace outdated equipment to improve network stability for its users. This Intergovernmental Agreement "IGA" with ADWR provides that the City will contribute $5000 annually to support the AZCORS program. With that the City will have access to the AZCORS network and receive technical support on data related issues. Staff respectfully request that the council approve Resolution No. 25-08, authorizing the City Manager to sign the IGA with Arizona Department of Water Resources. RESOLUTION NO. 25-08 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT TO CONTRIBUTE TO THE MAINTENANCE OF THE ARIZONA CONTINUOUSLY OPERATING REFERENCE STATION (AZCORS) PROGRAM WITH THE ARIZONA DEPARTMENT OF WATER RESOURCES (ADWR) . WHEREAS, AZCORS is a network of 51 reference stations (36 State-managed and 15 managed by others) providing highly precise coordinate information that is a critical component to the City' s mapping efforts . The equipment consists of a mounting pole, GPS receiver, GPS antenna, cellular router and other associated electronics . WHEREAS, the city will contribute annually to support the operation and maintenance of the AZCORS program. In return ADWR shall provide access to the AZCORS network and technical support with data related issues . WHEREAS, pursuant to A.R. S . § 11-952 (A) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities (the "Parties") for joint or cooperative activities; and WHEREAS, the Parties have crafted the attached written agreement in the form of an intergovernmental agreement which formalizes the arrangement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council approve the form of the intergovernmental agreement for contribution to the maintenance of the AZCORS program set forth in Attachment A; and the mayor is hereby authorized to sign the agreement on behalf of the city. 2) The city manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the agreement. RESOLUTION NO. 25-08 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 20 SIGNED AND ATTESTED TO THIS DAY OF 20 WALTER "'CHIP" WILSON Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 25-08 PAGE 2 OF 2 ATTACHMENT A Contribution to the Maintenance of the Arizona Continuously Operating Reference Station Program APACHE JUNCTION Inter overnmental A reement Arizona By and Between the Arizona Department of Water Resources and the City of Apache Junction 1. Purpose The purpose of the Intergovernmental Agreement ("IGA" or"Agreement") is to facilitate maintenance of Continuously Operating Reference Station sites between the Arizona Department of Water Resources and the City of Apache Junction. 2. Parties and Definitions a. The parties to this agreement are the Arizona Department of Water Resources ("ADWR") and the City of Apache Junction("Apache Junction") (collectively,the "Parties"). b. "AZCORS" shall mean Continuously Operating Reference Stations C. "GNSS" shall mean global navigation satellite system. 3. Scope a. This IGA shall cover all issues relating to Apache Junction's cooperative efforts in supporting the AZCORS network. b. This Agreement is fully integrated and governed by the four corners of this IGA. 4. Effective Date This IGA will become effective upon the completed execution hereof. 5. Duration a. This IGA shall have a duration of five (5) years with no option to extend the term by amendment. A new IGA must be entered into prior to the expiration of the current term. b. The option to enter into a new IGA must be exercised no later than thirty (30) calendar days before the expiration of the original term. Page 1 of 4 IGA No: 2025-3205 ADWR and Apache Junction 6. Duties 6.1 Apache Junction a. Apache Junction shall pay ADWR$5,000 to contribute to the operation and maintenance of the AZCORS Network. 6.2ADWR a. ADWR shall provide AZCORS data through the AZCORS Network. b. ADWR shall provide technical assistance and support with AZCORS data related issues. 7. Non-Discrimination The Parties shall comply with Arizona State Executive Orders Nos. 2023-09, 2023-01, 2009-09 and 75-5, and any and all other applicable federal and state laws, rules and regulations, including, but not limited to,the Americans with Disabilities Act. 8. Indemnification Each Parry (as Indemnitor) agrees to indemnify, defend and hold harmless the other Parry (as Indemnitee) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. ADWR, through the State of Arizona, is self-insured per A.R.S. § 41-621. 9. Waiver Waiver of any of the terms of this IGA shall not be valid unless it is in writing and signed by all Parties. Failure of either Parry to enforce the provisions of this IGA or require performance by the other Party of any of the provisions shall not be construed as a waiver of such provision or affect the right of each Party to thereafter enforce the provisions of this IGA. Waiver of any breach of obligation under this IGA shall not be a waiver of any other subsequent breach of obligation under the IGA. Page 2 of 4 IGA No: 2025-3205 ADWR and Apache Junction 10. Termination a. Either Parry may terminate the IGA with or without cause. b. If a Parry wishes to terminate the IGA before the expiration of the IGA, a thirty (30) calendar day written notice shall be given to the other Party. C. This IGA may be cancelled pursuant to A.R.S. § 38-511, the terms of which are incorporated herein. 11. Severability If any provision of this IGA is determined to be invalid, illegal or unenforceable, the remaining provisions of the IGA remain in full force and effect. 12. Limitations Nothing in this IGA shall be construed as limiting or expanding the statutory responsibilities of the Parties. 13. Construction This IGA is the result of negotiations between the Parties and has been reviewed by each of the parties hereto and their respective counsel. Accordingly, this IGA shall be deemed to be the product of all of the Parties hereto, and no ambiguity shall be construed in favor of or against any one of the Parties hereto. 14. Conflict of Interest This Agreement is subject to cancellation by the State under A.R.S. § 38-511. 15. Choice of Law This contract shall be governed and interpreted by the laws of the State of Arizona. 16. Other Agreements a. This IGA in no way restricts either Party from participating in similar activities with other public or private agencies, organizations, and individuals. Page 3 of 4 IGA No: 2025-3205 ADWR and Apache Junction b. Apache Junction may voluntarily contribute to the cost of managing and operating the AZCORS program. SIGNATURES IN WITNESS WHEREOF, the Parties executed this Agreement as follows. Arizona Department of Water Resources City of Apache Junction By: By: Thomas Buschatzke Bryant Powell Director City Manager Arizona Department of Water Resources City of Apache Junction Date: Date: DETERMINATION OF COUNSEL: This Agreement has been reviewed by the undersigned who has determined that it is in the appropriate form and is within the power and authority granted under the laws of the State of Arizona to the City of Apache Junction. Date: Richard J. Stern, City Attorney DETERMINATION OF COUNSEL: This Agreement has been reviewed by the undersigned who has determined that it is in the appropriate form and is within the power and authority granted under the laws of the State of Arizona to the Arizona Department of Water Resources. Date: Anthony Proano, Deputy Counsel Page 4 of 4 IGA No: 2025-3205 ADWR and Apache Junction IGA w4' ith ADWR kjt *inn ? 5rmOS City of Apache Junction City Council Work Session May 5th , 2025 - Wldl� Cont *inuously O Stat *ions ( CORS ) • Permanent site that transmits real-time coordinate information over the internet • Equipment consists of a mounting pole,, GPS receiver, antenna, cellular router and other associated electronics AZPG Ar *izona CORS Networ AZCORS • Arizona Department of Water Resources mans es and o eratesg p the AZCORS Network AZDS • FERN • AZCORS consists of 42 State-managed sites 12 managed and • • operated by and 3 by the National Parks Service . . p .. . . • • Staff has been utilizing these sites since 2020 GNPS. • �' AZCS CORS Site @ B • • • AZST Usery MountainAZGC -�, F _ •_ - Q • Regional Park • AZOR PIMA SAGU _ • tr . $i- 3 Pool 14 AZVA AZAM 'S Xplanation AZDA AZCORS Highways Netw . AZCORS ,...,.. AZCORS NIPS HydrologyDivision 1 1 I 1 1 Miles d O4 025 North American Datum 1983 Intergovernmental Agreement with ADWR • Voluntary contribution of $5000 annually to support the AZCORS program • The City will continue to have access to the AZCORS network and will receive technical support on data related issues Benefit • Access to accurate coordinate information in real-time is critical to the City's mapping efforts Use Case — Asset covered under sidewalk, able to locate while contractor still on site • Participating in the program will help build new CORS sites in Arizona (6 new sites went live last month) and replace outdated equipment improving network stability for its users — Less down time �:• The IGA with ADWR ( Resolution 25-08) will be on the May 20thconsent agenda J r -✓ f o n r r _ ,'• III ol It 40 - .� __ ��- T �1�; `��' J- < rTa.s1 = 't r - I 'I J1I� . '•-�` i'1•'-�l �•a 1' lbr �' - ` ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No.4. 'Piz oN* File ID: 25-193 Sponsor: Sidney Urias Agenda Date: 5/5/2025 Index: In Control: City Council Work Session Presentation and discussion on the preparation of the five (5)year update of the Development Fee Study: Land Use Assumptions, Infrastructure Improvements Plan, and Development Fees as well as an update to Volume II, Chapter 7 Development Fee Ordinance. Staff is recommending the approval of the professional services agreement with TischlerBise for a lump sum not to exceed amount of$67,440.00. City of Apache Junction,Arizona Page 1 Printed on 51112025 O� p,PACHE�Gti n z City of Apache Junction qR/ZONP' Development Services Department `'` Council Memo Development Fee Study DATE: May 5, 2025 TO: Mayor and City Council THROUGH: Bryant Powell, City Manager Matt Busby, Assistant City Manager FROM: Sidney Urias, Deputy Director, Development Services Department SUBJECT: Updating Development Fees Background: Pursuant to A.R.S. § 9-463.05(D)(3), the city is required to update development fees, land use assumptions and the infrastructure improvement plan every five years. Because the last fee study was completed in October 2022, it is time again to begin the process for completion by 2027. The approval process is exempt from formal procurement under Apache Junction City Code, Vol. I, § 3-7-7, since the services are legal and financial, and to maintain systematic and code consistency. Staff Recommendation: Staff recommends council authorize the mayor to execute the professional services agreement with TischlerBise for a lump sum not to exceed $67,440.00. PROFESSIONAL SERVICES AGREEMENT WITH TISCHLERBISE, INC., FOR LAND USE ASSUMPTIONS, INFRASTRUCTURE IMPROVEMENT PLAN AND DEVELOPMENT FEE STUDY THIS AGREEMENT is made as of the day of 2025 (the "Effective Date") by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and TISCHLERBISE, a Maryland corporation ("Consultant"), both of which may be hereinafter referred to collectively as the "Parties" or individually as a "Party", for Land Use Assumptions, Infrastructure Improvement Plan and Development Fee Study. RECITALS A. City desires to retain a consultant to complete a comprehensive land use assumptions, infrastructure Improvement plan and development fee study and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the Parties. B. The Arizona legislature codified the legal I financial unfunded mandate under A.R.S. § 9-463.05, et seq., for cities and towns to adopt land use assumptions, infrastructure improvement plan and a development fee study every five years, or otherwise face a reduction in state shared revenue. C. The procurement process under this Agreement is exempt from the requirements set forth in A,J.C.C., Vol. I, § 3-7-7, including but not limited to, legal and financial services, as well as sole source procurements (for consistency In applications). D. The Parties have set forth below contemplated services Consultant will provide City, including payment terms for such services and products. AGREEMENT NOW, THEREFORE, in consideration of the Recitals noted above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. CONSULTANT'S DUTIES: Consultant agrees to perform the professional services detailed in Exhibit A. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Consultant for professional services In an amount not to exceed Sixty Seven Thousand Four Hundred Forty Dollars and Zero Cents ($67,440.00) in accordance with the price sheet set forth in Exhibit B. 3. CONSULTANT BILLING: Consultant shall bill City on a time and expense basis in a total amount not to exceed Section 2 above. City shall pay such billings within thirty (30) calendar days of the date of receipt. 4. TERMIRENEWAL: The term of this Agreement starts on July 1, 2025 and ends on June 30, 2026. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish Consultant with all data, information and other supporting services specified In Exhibit A. 6, CONSULTANT'S STANDARD OF PERFORMANCE: While performing the services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Consultant shall be responsible for all errors and omissions Consultant commits in the performance of this Agreement. 7. NOTICES: All notices to the a Party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following: If to City: City of Apache Junction Sidney Urias, Deputy Director of Development Services 300 East Superstition Boulevard Apache Junction, AZ 85119 sufia;Aa ach unctionaz.gov If to Consultant: Carson Bise TischlerBise, Inc. 4701 Sangamore Road, Suite S240 Bethesda, MD 20818 carson(&tischlerbise,com 8. INSURANCE: Consultant, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of 8++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement, 2 Consultant's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes,omissions, work or service. The Insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Consultant shall be solely responsible for the deductible and/or self retention and City, at its option, may require Consultant to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however,to review same or to advise Consultant of any deficiencies in such policies and endorsements, and such receipt shall not relieve Consultant from, or be deemed a waiver of, City's right to Insist on strict fulfillment of Consultant's obligations under this Agreement The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Uab Litt' Consultant shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. 3 Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B. CG 20101185, or the equivalent thereof, and shall include coverage for Consultant's operations and products and completed operations. If required by this Agreement, if Consultant sublets any part of the work, services or operations, Consultant shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Consultant's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Consultant's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be Issued by the same insurance company that issues Consultant's Commercial General Liability insurance. Automobile Liability Consultant shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Consultant's owned, hired, and non-owned vehicles assigned to or used in performance of Consultant's work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Consultant shall carry Workers' Compensation insurance to cover obligations Imposed by federal and state statutes having jurisdiction of Consultant's employees engaged in the performance of the work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Consultant certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-901 e1 seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-Insurance in accordance with the provisions of this chapter, and I will comply with 4 such provisions before commencing the performance of the work of this Agreement." If Consultant has no employees for whom workers' compensation Insurance is required, Consultant shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Consultant employs any employees subject to coverage. In case any work is subcontracted, Consultant will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Consultant. Professional Liability Consultant retained by City to provide the work or service required by this Agreement will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the work or services performed by Consultant, or any person employed by Consultant, with a limit of not less than $1,000,000 each claim. Certificates ofJnsurance Prior to commencing work or services under this Agreement, Consultant shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Consultant's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Consultant's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement(or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy 5 or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 9. APPLICABLE LAW AND VENUE; The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent Jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 10. FORCE MAJEURE: Neither City nor Consultant, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics and related executive orders, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Consultants, subcontractors, vendors or investors desired by Consultant in connection with the obligations under this Agreement. Consultant agrees that Consultant alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the 6 provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90)calendar days. 11. TERMINATION: This Agreement may be terminated by either Party for any reason upon thirty (30) days written notice. If this Agreement is terminated, City shall be reimbursed from Consultant the amount paid for any undelivered and/or unaccepted products or services. Upon termination, City agrees to pay for all delivered, accepted, and properly invoiced services that were provided up to the announced Termination Date. 12. INDEMNIFICATION: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including reasonable attorney and expert witness fees, arising from, or alleged to have arisen from, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, Work or services of Consultant, its agents, employees, or any tier of Consultant's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Consultant or its subcontractors in the performance of the Work under this Agreement or any subcontract. Consultant's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, Impairment or destruction of property including loss of use resulting therefrom, caused by an Consultant's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Consultant, any tier of Consultant's subcontractor or any other person for whose acts, errors, mistakes, omissions, Work or services Consultant may be legally liable, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Consultant or any tier of Consultant's subcontractors or any other person for whose acts, errors, mistakes, omissions, Work or services Consultant may be legally liable in the performance of the Work under this Agreement or subcontract, The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The rights and obligations under this Section shall survive termination of this Agreement. 13. JAXE$. Consultant shall pay all license, sales, consumer, transaction privilege, use and other similar taxes for services provided by Consultant which are legally enacted at the time the obligations under this Agreement are performed. 7 14. PERMITS & FEES: Unless otherwise provided in this Agreement, Consultant shall secure and pay for all applicable permits, government fees, licenses and inspections necessary for the proper execution and completion of services which are customarily secured after execution of the Agreement. Consultant shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the obligations. Consultant represents and warrants that any license necessary to perform the services under this Agreement is current and valid. Consultant understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Consultant agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement. Consultant also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter BA, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by all applicable laws. Further, Consultant agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 15. RECORDS: Records of Consultant's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Consultant shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 16. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Consultant. 17. INDEPENDENT CONTRACTOR: City and Consultant agree and understand that the relationship between both Parties is that of an independent contractor. 18. WAIVER OF TERMS AND CONDITIONS: The failure of City or Consultant to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 19. COMPLIANCE WITH FEDERAL AND STATE LAWS: Consultant understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Consultant hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and 8 A.R.S. § 23-214(A). Consultant further warrants that after hiring an employee, Consultant will verify the employment eligibility of the employee through the E- Verify program. If Consultant uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Consultant Is subject to a penalty of $100 per day for the first violation, $600 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Consultant shall not be deemed in material breach of this Agreement if the Consultant and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 2748 of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Consultant or subcontractor employee who works under this Agreement to ensure that the Consultant or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Consultant and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It Is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 21. SEVERABILITY: City and Consultant each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable 9 laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 22. SUCCESSORS. ASSIGNMENT & DELEGATION: City and Consultant each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in this Agreement. Neither Party to the Agreement shall assign the Agreement or sublet it as a whole or delegate the duties hereunder, without the written consent of the other, nor shall Consultant assign any monies due or to become due to it without the previous written consent of City. 23. ACCURACY OF WORK: Acceptance of services or work by City shall not relieve Consultant of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. Consultant shall make all necessary revisions or corrections resulting from errors and omissions on the part of Consultant without additional compensation. 24. TIME IS Of THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 25. 8 O CO R CT WIT O ULTANTS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35- 393 through 35-393.03, as amended, which forbids public entities from contracting with Consultants who engage in boycotts of the State of Israel. Should Consultant under this Agreement engage In any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 26. CERTIFICATION PURSUANT TO A.R.S. 4 35-394. In accordance with Arizona Revised Statutes § 35-394, Consultant hereby certifies and agrees that Consultant does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China; 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China; and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Consultant becomes aware during the term of this Agreement that Consultant is not in compliance with this Section, then Consultant shall notify the City within five (5) business days after becoming aware of such noncompliance. If Consultant does not provide the City with written certification that Consultant has remedied such noncompliance within one hundred eighty (180) days after notifying the City of such noncompliance, this Agreement shall terminate, except 10 that if the Agreement termination date occurs before the end of such one hundred eighty(180) day remedy period, this Agreement shall terminate on such contract termination date. 27. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. §38-511. IN WITNESS WHEREOF, Consultant and City have executed this Agreement as of the date first set forth above. CONSULTANT: TISCHLERBISE, INC. a Maryl rporation By: _ L. Carson Oise Its: President CJTY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter"Chip"Wilson Its: Mayor ATTEST: Yvette McKinney,City Clerk APPROVED AS TO FORM: �-4-151.25- R. Joel Stern City Attorney 11 STATE OF ) ) ss. COUNTY OF VQnAocmeo /! The foregoing was subscribed and sworn to before me this )5 day of Aor, f , 20-d, by L. Carson Bise as President of TischierBise, Inc., a Maryland Corporation. Nqfary Public My Commission Expires: J✓I •i�• *'-::Ij 1� STATE OF ARIZONA ) Y' r .': '3•� r ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this _ day of , 20_, by Walter "Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 12 EXHIBIT A SCOPE OF WORK TASK 1: PROJECT INITIATION /DATA ACQUISITION During this task, Consultant shall meet with City staff to establish lines of communication, review and discuss project goals and expectations related to the project, review (and revise if necessary) the project schedule, request data and documentation related to new proposed development, and discuss City staffs role in the project. The objectives of this initial discussion are outlined below: • Obtain and review current demographics and other land use information • Review and refine work plan and schedule discussions on current fee categories and current/future funding arrangements • Assess additional information needs and required staff support • Identify and collect data and documents relevant to the analysis • identify any relevant policy issues with one (1) on-site visit to meet with City project management team/City staff as appropriate. • Deliverables: data request memorandum. TASK 2: PREPARE LAND USE ASSUMPTIONS TischlerBise will prepare annual projections of population, employment, housing, commercial, industrial, and other nonresidential square footage data for ten (10)year for all other development fee categories. This will be based on discussions with City staff and review of published information. Consultant shall prepare a memorandum discussing the recommended land use projections (Land Use Assumptions Document)that will serve as the basis for the Infrastructure Improvement Plan ("IIP") and development impact fee schedule. Consultant shall prepare a plan that includes projections of changes in land uses, densities, intensities and population for a specific service area. A map of the area(s) to which the land use assumptions apply will also be included in this task. Meetings and discussions with staff will be held as part of Task 1, as well as conference calls as needed. Deliverables: Consultant shall prepare a draft technical memorandum discussing the recommended Land Use Assumptions. After review and sign-off by the City, a final memorandum will be issued, which will become part of the final Development Fee Report. TASK 3:ASCERTAIN DEMAND FACTORS AND LEVELS-OF-SERVICE FOR "NECESSARY PUBLIC SERVICES" Pursuant to A.R.S. § 9.463.05, et seq., communities in Arizona may assess development fees for"necessary public services"which have a useful life of more than three years and that are owned and operated on behalf of the City and within the incorporated boundary. There are several important subtasks under the law that are outlined below: 1 • Proportionate Share-Determine the proportionate share of the cost of "necessary public services," based on service units needed to provide such services to new development. • Determine Existing Levels-of-Service-The costs for the"necessary public services" required to serve new development are based on the same level-of-service being provided to existing development in the service area. Consultant shall determine the existing level-of-service by conducting onsite Interviews, evaluating the appropriate studies, and analyzing relevant local data. These onsite interviews will also include discussions about and defining of the infrastructure components to be included in the IIP and development fees. • Determine Service Areas-Specify the area(s)within the City's boundaries in which development will be served by the "necessary public services"or facility expansions and that a substantial nexus exists between the necessary public services or facility expansions and the development being served as prescribed in the flP. The above subtasks will enable Consultant to ensure that three important development fee requirements are met, collectively referred to as rational nexus requirements: demonstration of impact, benefit, and rough proportionality. Meetings will include two(2)with City staff to discuss capital facility needs and levels-of-service. As a no charge option, Consultant can meet with a Stakeholder Group if the City desires. Deliverables: See Task 7. TASK 4: IDENTIFY CAPITAL NEEDS AND COSTS This task will determine the relevant capital needs and costs due to growth. 1) Long-Range Capital Need-Consultant shall focus on relevant documents such as the relevant planning documents and master plans, the current Capital Improvements Plan, and other mapping and data that is available. Discussions will aim not only to understand the specific costs, but also to assess the size and scope of projects and whether capital facility needs are due to normal replacement, catch-up, or new demand; 2) Service Units-Consultant shall define the standardized measures of consumption, use, or generation attributable to an individual unit of development for each category of"necessary public services"or facility expansions; 3) Review Cost Estimates-Consultant shall review the costs of infrastructure improvements, real property,financing, engineering, and architectural services associated with the "necessary public services"to be included In the IlP and development fees;4) Financing Costs- Consultant shall identify projected interest charges and other financial costs which are to be used for repayment of principal and interest of debt used to finance construction of"necessary public services" identified in the IIP. 5) Identify Ineligible Costs-TischlerBise will identify costs that are not eligible for inclusion in the lIP and development fees. Ineligible costs include projects not included in the IIP; repair, maintenance, or operation of existing facilities; projects which serve existing development in order to meet stricter regulatory requirements; projects which provide a higher level-of-service to existing 2 development; and administrative, maintenance, and operating costs. As part of calculating the fee, costs for Infrastructure improvements, real property, financing, engineering, and architectural services will be considered. Consultant shall consider all of these components in developing an equitable allocation of costs. There will be two(2) meetings with City staff. Deliverables: See Task 7. TASK 5: DETERMINE NEED FOR"CREDITS"TO BE APPLIED AGAINST CAPITAL COSTS A consideration of"credits" is integral to the development of a legally valid impact fee methodology. There is considerable confusion among those who are not immersed in impact fee law about the definition of a credit and why It may be required. There are two types of"credits"that are included in the calculation of Impact fees, each with specific, distinct characteristics.The first is a credit due to possible double payment situations. This could occur when a property owner will make future contributions toward the capital costs of a public facility covered by an impact fee. The second is a credit toward the payment of an impact fee for the required dedication of public sites and improvements provided by the developer and for which the impact fee is imposed. Both types of credits will be considered and addressed in the development fee study. Deliverables: Memoranda as appropriate. See Task 10. TASK 6: DISCUSS PRELIMINARY METHODOLOGIES AND POLICY OPTIONS The requirement that development fees be based on an IIP does not equate to a requirement that only the plan-based methodology can be used in the calculations. The IIP can reflect the past capacity investments in infrastructure that will be repaid by new development with development fee revenue. Likewise, the City can plan to provide new development the same level-of-service being currently provided to existing development. Consultant shall evaluate different allocation methodologies for each IIP and development fee component to determine which methodology is the most appropriate measure of the demand created by new development. These methodologies include: Cost Recovery Methodology-This methodology is best suited for infrastructure which has already been built and has excess capacity available to be utilized for new development. Incremental Expansion Methodology-Under this approach, new development will receive the current level-of-service being provided to existing development by the existing inventory of infrastructure. Plan-Based Methodoloav-This methodology primarily evaluates the CIP for new development's proportionate share of planned capital projects. It is important to note, however, that CIPs are often fiscally constrained and may not reflect the true requirements of new development. Consultant shall therefore also evaluate master plans for different categories of infrastructure. This comprehensive approach and consideration of alternative methodologies will allow maximization of the development fees. Consultant shall prepare draft levels-of- service tables and methodology recommendations for each infrastructure category and component. Consultant shall discuss this information with City 3 staff to ensure understanding and acceptance. Policy alternatives will be discussed as appropriate. This should help ensure"sign-off"and prevent time delays in finalizing the analysis. There shall be one (1) meeting with City staff and elected officials (if desired) to discuss and explain the preliminary findings, assumptions, and results. As a no charge option, Consultant shall meet with a Stakeholder Group if the City desires. Deliverables: Consultant shall prepare a "story board"for staff review and comment detailing proposed levels-of-service, cost estimates, service areas, credits and recommended calculation methodologies. TASK 7: PREPARE DRAFT IIP In this task, Consultant shall prepare an IIP using generally accepted engineering and planning practices for each "necessary public service"for which a development fee can be assessed. Development of the IIP will include the following subtasks: • Reserve Capacity-The IIP will identify infrastructure capacity to be reserved to serve future development. • Description of Existing Necessary Public Services in the Service Area(s) - The IIP will include a description of the existing "necessary public services" in the service area(s) and the costs to upgrade, update, improve, expand, correct, or replace those services to meet existing needs and usage and stricter safety, efficiency, environmental, and regulatory standards. • Analysis of Total Capacity-The IIP will identify the current usage and commitments for usage of capacity of the existing "necessary public services." • Description of"Necessary Public Services"Attributable to New Development-The IIP will describe all parts of the "necessary public services" of facility expansions and their costs necessitated by and attributable to development in the service area(s) based on the approved land use assumptions. Cost forecasts will include the costs of infrastructure improvements, real property, financing, engineering, and architectural services. • Equivalency/Conversion Table-The IIP will include a table establishing the specific level or quantity of use, consumption, or generation of a service unit for each category of"necessary public services" or facility expansions. The table will include the ratio of a service unit to various types of residential, commercial, and industrial land uses. • Pro acted Service Units-The IIP will include the total number of projected service units necessitated by and attributable to new development in the service area(s), based on the approved land use assumptions. • injected Demand for Necessary Public Services-The IIP will include a ten-year projection of the demand for"necessary public services", or facility expansions required by new service units. • Forecast of Non-Development Fee Revenues from New Service Units- The IIP will forecast revenues other than development fees generated by 4 new service units, such as state-shared revenue, highway user revenue, federal revenue, ad valorem property taxes, construction contracting or similar excise taxes attributable to development based on the approved land use assumptions. This subtask will include a plan to include these contributions in determining the extent of the burden created by new development. These subtasks will result in a written plan that identifles each "necessary public service"or facility expansion that is to be the subject of a development fee and complies with the requirements of State law. Deliverables: Draft Infrastructure Improvement Plan. TASK 8: CONDUCT FUNDING AND CASH FLOW ANALYSIS; ESTIMATE ANNUAL OPERATING COSTS To prepare a meaningful IIP, it is important to evaluate the anticipated funding sources. In this task, Consultant shall prepare a ten-year cash flow analysis.This calculation will allow the City to better understand the revenue potential of the development fees and the amount which would be needed if the fees were discounted. It will also provide a good understanding of the cash flow needed to cover the infrastructure costs for new development. The cash flow analysis will indicate whether additional funds might be needed or whether the IIP might need to be altered. This could also affect the total credits calculated in the previous task. Therefore, it is likely that several Iterations will be conducted in order to refine the cash flow analysis reflecting the capital improvement needs. Development fee revenues can only be spent on capital projects that add capacity. Operating and maintenance costs associated with these capital improvements will have to be funded from other revenue sources, most likely from the General Fund. To estimate the annual operational and maintenance costs of the projected infrastructure, Consultant shall utilize several data sources, including: • Most recently adopted operating budget. • Most recently adopted CIP. • Capital project/program submittal sheets from departments. DeliverAbJgr See Task 10. TASK 9: COMPLETE DEVELOPMENT FEE METHODOLOGY AND CALCULATIONS The completion of the previous task will enable the development fee methodology and calculations to be finalized. Consultant shall calculate the maximum justifiable fee for commercial, residential, and industrial development that can be charged and conform to fee requirements. Deliverables: Draft Development Fee Report. TASK 10: PREPARE FINAL LAND USE ASSUMPTIONS, IIP AND DEVELOPMENT FEE REPORT, PUBLIC PRESENTATIONS Consultant shall prepare a written report for the City that summarizes the need for development fees for the "necessary public services" category and the relevant methodologies employed, as well as documentation for all 5 assumptions and cost factors. The report will include at a minimum the following information: • Executive Summary. • A detailed description of the methodologies used during the study and detailed description of all level-of-service standards and cost factors used and accompanying rationale. • An HP spanning a maximum ten-year planning horizon (15-year for utilities), listing projects, costs, timing, and financing. • A detailed schedule of all proposed fees listed by land use type and activity. • Other information which adequately explains and justifies the resulting recommended fee schedule. • A ten-year cash flow analysis of development fees and estimate of operating costs. There shall be one (1) presentation/work session with the City Council to present and discuss final and Use Assumptions, Development Fee Report and IIP as part of the legislatively required adoption process. Deliver bles: Final Land Use Assumptions, IIP and Development Fee Report and presentation materials for meetings 6 FEE SCHEDULF, Fees-Infrastructure Improvement Plan and Land Use Assumptions Project Team Member Bise Herlands Griffin Total Hourly Rate $210 $190 $190 Hours Cost Task 1: Project Initiation!Data 8 0 0 8 $1,680 Acquisision Task 2:Prepare Land Use Assumptions 8 2 24 34 $6,620 Task 3:Ascertain Demand Factors and 16 4 24 44 $6,680 Levels-of-Service for Necessary Public Services Task 4:Identify Capital Needs and Costs 16 4 40 60 $11,720 Task 5:Determine Need for Credits 8 2 12 22 $4,340 Task 6: Discuss Preliminary 8 0 16 24 $4,720 Methodologies and Policy Options Task 7: Prepare IIP 8 4 40 52 $10,040 Task 8: Conduct Funding and Cash Flow 4 2 12 18 $3,500 Analysis Task 9: Complete Development Fee 4 2 16 22 $4,260 Methodology and Fee Calculations Task 10: Prepare Final Land Use 24 4 32 60 $11,880 Assumptions, IIP and Development Fee Report, Public Presentations Total Cost: 104 24 216 344 $67,440 7 11 TischlerBise FISCAL ECONOMIC PLANNING IV is . s ALO Proposal for Land Use Assumptions, Infrastructure Improvement Plan and Development Fee Study Apache Junction, Arizona April 5, 2025 Table of Contents Section 1 : Cover Letter 1 Section 2: Qualifications 2 Section 3: Project Approach 11 Section 4: Project Schedule 19 Section 5: Pricing 22 TischlerBise FISCAL I ECONOMIC I PLANNING nnp_.Wpp"��_ Section 1 : Cover Letter April 5, 2025 Ms. Kelsey Schattnik, Principal Planner City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 RE:Proposal for Land Use Assumptions, Infrastructure Improvement Plan, and Development Fee Report Dear Kelsey, TischlerBise is pleased to submit the enclosed qualifications to prepare an Infrastructure Improvement Plan and Land Use Assumptions for the City. There are several points we would like to note that make our qualifications unique: ■ Depth of Experience. Our qualified team of eight professionals bring an unparalleled depth of experience to this assignment. We have prepared over 1,100 development fee studies across the country— more than any other firm. We are innovators in the field, pioneering approaches for credits, impact fees by size of housing unit, and distance-related/tiered impact fees. ■ Technical Knowledge of Land Use Planning and Local Government Finance.The TischlerBise team will apply years of development fee experience within the context of overall City financial needs, land use, and economic development policies. This will lead to a work product that is both defensible and that promotes equity. ■ Arizona Experience. TischlerBise has prepared more development fees in the State of Arizona than any other firm. ■ Consensus Builders. Our seasoned Project Team has actively participated in legislative body meetings and citizen committees to educate stakeholders regarding the technical process of impact fee calculations as well as the economic effect of implementation. We look forward to the possibility of renewing our relationship with the City and are committed to providing cost-effective, high-quality support for this assignment. Sincerely, L. Carson Bise II, AICP, President TischlerBise 4701 Sangamore Road S240 301.320.6900 x12 carson@tischlerbise.com TischlerBise FISCAL I ECONOMIC I PLANNING nnp-.gapppp��- Section 2: Qualifications Firm Overview TischlerBise, Inc., was founded in 1977 as Tischler, Montasser&Associates. The firm became Tischler& Associates, Inc., in 1980 and TischlerBise, Inc., in 2005. The firm is a Subchapter (S) corporation, is incorporated in Washington, D.C.,and is headquartered in Bethesda,Maryland,with a secondary office in Boise, Idaho. The firm employs ten fiscal/economic professionals and one administrative support professional. TischlerBise specializes in fiscal/economic impact analysis, impact fees, market feasibility, utility rates studies, infrastructure financing studies and related revenue strategies. Our firm has been providing consulting services to public agencies for forty years. In this time, we have prepared over 1,000 fiscal/economic impact evaluations and over 1,100 impact fee/infrastructure financing studies — more than any other firm.Through our detailed approach, proven methodology,and comprehensive product we have established TischlerBise as the leading national expert on revenue enhancement and cost of growth strategies. Arizona Experience TischlerBise has unsurpassed experience preparing development fees and infrastructure improvements plans in the State of Arizona, particularly under Arizona's new development fee legislation, SB 1525. We have completed or are currently engaged with the following Arizona communities to conduct SB 1525-related updates and analyses since 2013: ■ Apache Junction# 0 Oro Valley ■ Avondale# 0 Payson# ■ Buckeye# ■ Peoria ■ Casa Grande# 0 Pinetop-Lakeside# ■ Cave Creek ■ Queen Creek ■ Coolidge# ■ Safford ■ Eloy# 0 Sedona# ■ Flagstaff# 0 Show Low ■ Florence 0 Sierra Vista# ■ Fountain Hills 0 San Luis# ■ Gilbert 0 Somerton# ■ Glendale# 0 Surprise# ■ Goodyear ■ Tempe# ■ Kingman ■ Tucson ■ Maricopa# 0 Wellton ■ Nogales ■ Yuma# #Indicates multiple SB 1525 engagements TischlerBise 2 FISCAL I ECONOMIC I PLANNING no P_.gMMPPPW�IIIII`_ Project Team Qualifications To successfully complete this assignment, the consultant must possess specific, detailed and customized knowledge of not only the technical analysis, but the context of the development fee structures and implementation in achieving the City's fiscal, economic, transportation and land use policy goals. Our proposed Project Team of Carson Bise,AICP, Julie Herlands,AICP, and Benjamin Griffin has unsurpassed experience performing projects requiring the same expertise as that needed to serve the City of Apache Junction. Our Project Team brings 60 years of development fee calculation, capital improvement planning, infrastructure/utility finance, demographic and market analysis, and development fee implementation experience to the City's assignment. In summary, all three members of Team are considered national thought leaders in the areas of impact fees, exactions, infrastructure finance, impact fee program administration, and implementation. The organizational chart below shows our project team for this assignment. Carson Project Manager . _ Projectnjamin Griffin Julie Herlands, AlCP Analyst Assurance Carson Bise, AICP, President of TischlerBise, will serve as Project Manager and coordinate our Project Team's interaction with the City to ensure that all work is completed properly, on time, and within budget. He will work closely with Julie Herlands and Benjamin Griffin, developing and reviewing all aspects of the project and providing policy direction for the project. Mr. Bise was the Project Manager of our previous engagements with the City of Apache Junction. Julie Herlands,AICP,Vice President of TischlerBise,will provide analytical support to the impact fee study as well as quality assurance, assisting Mr. Bise in reviewing all work products generated throughout the assignment. Most recently, Mr. Bise and Ms. Herlands have collaborated on the following Arizona development fee projects: Glendale, Maricopa, Oro Valley, Payson, Pinetop-Lakeside, and Tucson. Benjamin Griffin, Senior Fiscal/Economic Analyst, is an accomplished development fee Project Manager in the State of Arizona, and will provide analytical support to the study and will be responsible for much of the technical requirements of the project. Most importantly, Mr. Griffin, in conjunction with Mr. Bise, will ensure constant collaboration and communication between City staff and our team through frequent progress memorandums, conference calls, and in-person meetings. Most recently, Mr. Bise and Mr. Griffin have collaborated on the following Arizona development fee projects: Apache Junction, Avondale, Buckeye, Casa Grande, Coolidge, Eloy, Flagstaff, Fountain Hills, Kingman, Pinal County, Sedona, Sierra Vista, Somerton, Surprise, Tempe, and Yuma. 5 TischlerBise FISCAL I ECONOMIC I PLANNING no P_.Mapppp��_ L. Carson Bise, 11, AICP, President Mr. Bise has 30 years of fiscal, economic and planning experience, and has conducted fiscal and infrastructure finance evaluations in 40 states. Mr. Bise is a leading national figure in the calculation of impact fees, having completed over 350 impact fee studies. Mr. Bise has also written and lectured extensively on fiscal impact analysis and infrastructure financing. His most recent publications are Next Generation Transportation Impact Fees(co-author)and Fiscal lmpactAnalysis:Methodologies for Planners published by the American Planning Association, a chapter on fiscal impact analysis in the book Planning and Urban Design Standards also published by the American Planning Association, and the ICMA IQ Report, Fiscal Impact Analysis:How Today's Decisions Affect Tomorrow's Budgets. Mr. Bise was also the principal author of the fiscal impact analysis component for the Atlanta Regional Commission's Smart Growth Toolkit and is featured in the recently released AICP CD-ROM Training Package entitled The Economics of Density. Mr. Bise is a past Board of Director for the Growth and Infrastructure Finance Consortium and recently Chaired the American Planning Association's Paying for Growth Task Force. He was also recently named an Affiliate of the National Center for Smart Growth Research & Education. ARIZONA IMPACT FEE AND INFRASTRUCTURE FUNDING STRATEGY EXPERIENCE ■ Apache Junction, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Avondale, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Buckeye, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Camp Verde, Arizona—Impact Fee Study ■ Coolidge, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Glendale, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Eloy, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Flagstaff, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Florence, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Gilbert, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Goodyear, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Maricopa, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Payson, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Pinetop-Lakeside, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Safford, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ San Luis, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Sedona, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Sierra Vista, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Somerton, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Surprise, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Tempe, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Wellton, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Yuma, Arizona—Land Use Assumptions, IIP and Development Fee Study EDUCATION M.B.A., Economics, Shenandoah University B.S., Geography/Urban Planning, East Tennessee State University TischlerB1se 6 FISCAL I ECONOMIC I PLANNING B.S., Political Science/Urban Studies, East Tennessee State University PUBLICATIONS ■ "Next Generation Transportation Impact Fees," American Planning Association, Planners Advisory Service. ■ "Fiscal Impact Analysis: Methodologies for Planners,"American Planning Association. ■ "Planning and Urban Design Standards,"American Planning Association, Contributing Author on Fiscal Impact Analysis. ■ "Fiscal Impact Analysis: How Today's Decisions Affect Tomorrow's Budgets," ICMA Press. ■ "Are Subsidies Worth It?" Economic Development News &Views. ■ "Smart Growth and Fiscal Realities," ICMA Getting Smart! Newsletter. ■ "The Economics of Density," AICP Training Series, 2005, Training CD-ROM (American Planning Association). Julie Herlands, AICP, Vice President Julie Herlands is Vice President of TischlerBise and has 17 years of planning, fiscal, and economic development experience. Prior to joining TischlerBise, Ms. Herlands worked in the public sector in Fairfax County, Virginia for the Office of Community Revitalization and for the private sector for the International Economic Development Council (IEDC) in their Advisory Services and Research Department. For IEDC, she conducted several consulting projects including economic and market feasibility analyses and economic development assessments and plans. Her economic, fiscal impact, and impact fee/infrastructure finance experience includes a wide range of assignments in over 15 states. She is a frequent presenter at national and regional conferences including serving as co-organizer and co-presenter at a half-day AICP Training Workshop entitled Fiscal Impact Assessment at the American Planning Association National Planning Conference. A session on impact fees and cash proffers presented at the APA National Conference is available through the APA training series, Best of Contemporary Community Planning. She is currently the Immediate Past Chair of the Economic Development Division of the APA and recently chaired the APA Task Force on Planning and Economic Development. ARIZONA IMPACT FEE AND INFRASTRUCTURE FUNDING STRATEGY EXPERIENCE ■ Apache Junction Water Company, Arizona— Water System Connection Fees ■ Apache Junction, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Cave Creek, Arizona Land Use Assumptions, IIP and Development Fee Study ■ Glendale, Arizona—Land Use Assumptions, UP and Development Fee Study ■ Peoria, Arizona—Development Impact Fees ■ Prescott, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Queen Creek, Arizona—Development Impact Fees ■ Show Low, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Sedona, Arizona—Land Use Assumptions, UP and Development Fee Study EDUCATION Masters of Community Planning, University of Maryland Bachelor of Arts, Political Science, University of Buffalo 7 Tisch re BI ise FISCAL I ECONOMIC I PLANNING no P_..Mapppp��_ PUBLICATIONS ■ "Should Impact Fees Be Reduced in a Recession?", Economic Development Now, August 10, 2009 (International Economic Development Council) ■ "Agreements, Fees, and CIP", The Best of Contemporary Community Planning, 2005, Training CD- ROM (APA and Lincoln Institute of Land Policy) Benjamin Griffin, Senior Fiscal/Economic Analyst Benjamin Griffin is a Senior Fiscal and Economic Analyst at TischlerBise and has 10 years of experience, specializing in development fees, fiscal impact analysis and economic development planning. Prior to joining TischlerBise, Mr. Griffin worked on real estate and economic development projects for the New Orleans Business Alliance. During this time, he conducted field surveys to determine the economic health of key retail corridors, researched real estate development projects, and analyzed economic development initiatives. Prior to his real estate and economic development experience, Mr. Griffin worked with the New Orleans Redevelopment Authority, where he gained experience in performance-based funding sources, title clearance, and GIS. This position provided practical experience with issues concerning the redevelopment process, title clearance of properties received and acquired through various means, and analysis of property data for redevelopment projects. Mr. Griffin also possesses professional experience with the Jefferson Parish Planning Department, where he worked in the Current Planning Division. ARIZONA IMPACT FEE AND INFRASTRUCTURE FUNDING STRATEGY EXPERIENCE ■ Apache Junction, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Avondale, Arizona—Land Use Assumptions, UP and Development Fee Study ■ Buckeye, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Casa Grande, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Flagstaff, Arizona—Land Use Assumptions, UP and Development Fee Study ■ Fountain Hills, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Kingman, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Maricopa, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Pinetop-Lakeside, Arizona—Land Use Assumptions, UP and Development Fee Study ■ San Luis, Arizona—Land Use Assumptions, UP and Development Fee Study ■ Sedona, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Sierra Vista, Arizona—Land Use Assumptions, UP and Development Fee Study ■ Somerton, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Surprise, Arizona—Land Use Assumptions, UP and Development Fee Study ■ Tempe, Arizona—Land Use Assumptions, UP and Development Fee Study ■ Yuma, Arizona—Land Use Assumptions, IIP and Development Fee Study ■ Pinal County, Arizona—Development Fee Study EDUCATION Master of Urban and Regional Planning, Economic Development, University of New Orleans Bachelor of Business Administration, Finance, University of Mississippi TischlerBise g FISCAL I ECONOMIC I PLANNING Project Examples/References The following project descriptions demonstrate our team's recent and vast experience with assignments similar to the scope of services required by the City of Apache Junction. City of Buckeye, Arizona—Land Use Assumptions, UP and Development Fee Study Project Contact: Scott Zipprich, City Engineer Address: 530 East Monroe Avenue Buckeye, AZ 85326 Phone: (623)349-6217 E-mail: szipprich@buckeyeaz.gov TischlerBise Staff: Carson Bise, AICP, and Benjamin Griffin Contract Period: March 2017 to April 2019 TischlerBise recently completed an update to the City's SB1525 compliant development fees we completed in 2013. This study includes an update to parks and recreation, library, street, police, fire, water, and wastewater development fees. Due to Buckeye's acquisition of Global Water, and the complexity of existing development agreements related to this acquisition, Buckeye accelerated its update process. To account for development agreements related to water and wastewater service throughout Buckeye, which often vary within individual Community Master Plan Areas and 208 Areas, TischlerBise and Buckeye staff designed a GIS-based development fee schedule to accurately assess fees at the parcel level. Buckeye's current (four) water and wastewater service areas are projected to increase to approximately ten to twenty service areas for each type of infrastructure—Buckeye's water and wastewater development agreements do not usually have similar geographic boundaries. City of Glendale, Arizona—Land Use Assumptions, IIP and Development Fee Study Project Contact: Don Bessler, Chief Capital Improvement Officer Address: 5850 West Glendale Avenue Glendale, AZ 85301 Phone: (623)930-2909 E-mail: DBessler@glendaleaz.com TischlerBise Staff: Carson Bise, AICP, Julie Herlands, AICP, and Benjamin Griffin Contract Period: March 2018 to September 2019 Following upon our 2012 assignment, TischlerBise was retained to update our previous SB1525 compliant IIP and Development Fee Study. This study includes an update to parks and recreation, library, police,fire, water, wastewater and transportation development fees (this is the fifth time the City has engaged TischlerBise). The scope of this work effort included developing land use assumptions for the service areas where development fees were to be assessed, determining eligible infrastructure projects under the new definition of"necessary public services," and calculating Infrastructure Improvement Plans. As part of this update, TischlerBise is examining the feasibility of implementing a tiered transportation development fee structure that is designed to encourage development in the downtown area, yet still make the City competitive for economic development opportunities in the West Service Area. Town of Florence,Arizona—Land Use Assumptions, IIP and Development Fee Study Project Contact: Lisa Garcia, Assistant City Manager 9 TischlerBise FISCAL I ECONOMIC I PLANNING no P_.ampppp��_ Address: 775 North Main Street Florence, AZ 85132 Phone: (520)868-7552 E-mail: lisa.garcia@florenceaz.gov TischlerBise Staff: Carson Bise, AICP Contract Period: September 2017 to October 2018 TischlerBise was retained by the Town of Florence to review and update their Land Use Assumptions, IIP and Development Fee Study for fire/rescue, parks, trails, water, sewer and transportation. As part of this update, TischlerBise recommended a reduction in the number of service areas to make administration of the fee program easier for the Town, while still complying with SB1525. City of Tempe, Arizona—Land Use Assumptions, IIP and Development Fee Study Project Contact: Tom Duensing, Financial Services Director Address: 20 East 61h Street Tempe, AZ 85281 Phone: (480)350-8505 E-mail: Thomas_Duensing@tempe.gov TischlerBise Staff: Carson Bise, AICP, and Benjamin Griffin Contract Period: August 2020 to Present The City of Tempe hired TischlerBise in 2013 and 2016 to prepare SB1525 compliant Land Use Assumptions, Infrastructure Improvements Plan and Development Fee Study for Police, Libraries, Streets, Fire and Parks. As part of this effort, TischlerBise prepared several iterations of the fees (e.g., plan-based versus incremental expansion) for the City's consideration. A primary consideration as part of this assignment was the City's ability to fund the operating expenses associated with various planned facilities. TischlerBise also prepared the residential fees using a progressive fee structure (e.g., fees vary by size of house), which helps with housing equity and affordability issues. TischlerBise was recently retained to update the City's non-utility development fees. TischlerBise 10 FISCAL I ECONOMIC I PLANNING 00P_.gaPPPW�IIIII`_ Section 3: Project Approach Overview Development fees are simple in concept, but complex in delivery. Generally, the jurisdiction imposing the fee must: (1) identify the purpose of the fee, (2) identify the use to which the fee is to be put, (3) show a reasonable relationship between the fee's use and the type of development project, (4)show a reasonable relationship between the facility to be constructed and the type of development, and (5) account for and spend the fees collected only for the purpose(s) used in calculating the fee. Reduced to its simplest terms,the process of calculating development fees involves the following two steps: 1. Determine the cost of development-related improvements, and 2. Allocate those costs equitably to various types of development. There is, however, a fair degree of latitude granted in constructing the actual fees, as long as the outcome is"proportionate and equitable." Fee construction is both an art and a science, and it is in this convergence that TischlerBise excels in delivering products to clients. Any one of several legitimate methods may be used to calculate development fees for the City. Each method has advantages, and to some extent they are interchangeable because they all allocate facility costs in proportion to the needs created by development. In practice, the calculation of development fees can become quite complicated because of the many variables involved in defining the relationship between development and the need for capital facilities. The following discussion outlines how TischlerBise will approach and add value to this portion of the City's assignment. Growth Projections and Demographic Trends. Projecting future residential and nonresidential development is more difficult now than in the past because of changing demographics and lifestyle choices. Changes in the retail sector combined with the long-term impact of the COVID-19 pandemic on the retail and office markets are also a concern. TischlerBise's extensive national experience conducting market analysis and real estate feasibility studies is invaluable in determining the appropriate development projections used in the UP and development fee calculations. This includes both the amount of development and the geographic location. Depending on the methodology employed, overly optimistic development projections can increase the City's financial exposure, if projected development fee revenue is less than expected. Fiscal Sustainability and the Evaluation of Credits. State law requires a forecast of non-development fee revenues from new service units. The IIP needs to forecast revenues generated by new service units other than development fees, such as state-shared revenue, highway user revenue, federal revenue, ad valorem property taxes, construction contracting, or similar excise taxes based on the approved land use assumptions. This needs to include a plan to include these contributions in determining the extent of the burden created by new development. To avoid potential double payment situations, municipalities must also consider infrastructure provided by community facility districts that may exist. The existence of these "special districts" may affect the determination service areas and must be documented in the land use assumptions. It is important that 11 TischlerBise FISCAL I ECONOMIC I PLANNING no P-.m development fees clearly differentiate between "project-level improvements" that might be provided by a private developers or community facilities districts, and the "system improvements" that will be funded, at least in part, by development fees. Community facilities districts might also affect the need for "revenue credits" as discussed in section 9-463.05.B.14 of Arizona's enabling legislation. Improved Infrastructure Improvement Pan Flexibility. Many of our Arizona clients elected for plan-based approaches for their IIPs. An unintended consequence of these decisions is a relative lack of flexibility with the individual IIPs as they relate to changes in the market and other conditions. As part of our Round 2 SB1525 assignments we prepared IIPs that incorporate a hybrid approach. Using transportation as an example, we can project the number of lane miles needed to maintain current levels of service (in this example, let's assume 10.4 lane miles). However, rather than use a purely plan-based approach, the solution is to identify improvements that exceed 10.4 lane miles (let's assume 22 lane miles). Rather than being tied to a defined plan, the City can respond to the market and funding arrangements at the time (federal or state money may be identified in the future for one or more projects making them development fee ineligible) and select projects over the 10-year time horizon that equal the required 10.4 lane miles. Public Outreach. The importance of public outreach when considering development fees should not be overlooked. Based upon our team's experience with development fees in Arizona, we anticipate this study may attract controversy. Therefore, it is important to build a coalition of support early in the process, to educate and inform the public and other key stakeholders about the purpose of the various components of the study, and to explain how it will benefit both key constituents (developers)and the public. It is critical to develop a communications strategy that will offset and correct any misinformation that might proliferate, and to provide a clear and compelling logic for public adoption of an IIP and development fee program. Our seasoned project team has actively participated in legislative body meetings and citizen committees to educate stakeholders regarding the technical process of developing an IIP and the development fee calculations. We will work with staff to create appropriate collateral and other materials as part of this assignment. Implementation/Ongoing Support. The Land Use Assumptions, IIP and Development Fee Study is just the beginning of the relationship between TischlerBise and our clients. That is the primary reason the majority of our annual development fee work is from existing clients through sole source procurement.After the fee study is complete, TischlerBise can prepare implementation materials and provide training to City staff to ensure it is prepared to implement the development impact fee program in a manner that is efficient and consistent with Arizona and national case law. Implementation materials include an administrative manual and forms which will track the City's development fee ordinance with cross references between the ordinance, forms, and administrative manual. Finally, TischlerBise understands that it is impossible to forecast every conceivable development proposal within the fee structure.Therefore,TischlerBise routinely prepares specific development fee amounts for specific projects at no charge to our clients. Work Scope The following work scope is designed to meet the requirement of SB1525, as well as national case law. This scope of work assumes the following infrastructure categories: Library, Police, Parks and Recreation, and Streets. TischlerBise 12 FISCAL I ECONOMIC I PLANNING TASK 1: PROJECT INITIATION / DATA ACQUISITION During this task, we will meet with City staff to establish lines of communication, review and discuss project goals and expectations related to the project, review(and revise if necessary)the project schedule, request data and documentation related to new proposed development, and discuss City staff's role in the project. The objectives of this initial discussion are outlined below: ■ Obtain and review current demographics and other land use information ■ Review and refine work plan and schedule ■ Discuss current fee categories and current/future funding arrangements ■ Assess additional information needs and required staff support ■ Identify and collect data and documents relevant to the analysis ■ Identify any relevant policy issues Meetings:One (1)on-site visit to meet with City project management team/City staff as appropriate. Deliverables: Data request memorandum. TASK 2: PREPARE LAND USE ASSUMPTIONS TischlerBise will prepare annual projections of population, employment, housing, commercial, industrial, and other nonresidential square footage data for ten (10) year for all other development fee categories. This will be based on discussions with City staff and review of published information. The Consultant will prepare a memorandum discussing the recommended land use projections (Land Use Assumptions Document) that will serve as the basis for the IIP and development impact fee schedule. TischlerBise will prepare a plan that includes projections of changes in land uses, densities, intensities, and population for a specific service area. A map of the area(s)to which the land use assumptions apply will also be included in this task. Meetings:Discussions with Development Services staff will be held as part of Task 1,as well as conference calls as needed. Deliverables:TischlerBise will prepare a draft technical memorandum discussing the recommended Land Use Assumptions. After review and sign-off by the City, a final memorandum will be issued, which will become part of the final Development Fee Report. TASK 3: ASCERTAIN DEMAND FACTORS AND LEVELS-OF-SERVICE FOR "NECESSARY PUBLIC SERVICES" Communities in Arizona may assess development fees for"necessary public services"which have a useful life of more than three years and that are owned and operated on behalf of the City and within the incorporated boundary. There are several important subtasks that are outlined below: ■ Proportionate Share — Determine the proportionate share of the cost of "necessary public services," based on service units needed to provide such services to new development. 13 TischlerBise FISCAL I ECONOMIC I PLANNING no P_..Mapppp��_ ■ Determine Existing Levels-of-Service—The costs for the"necessary public services" required to serve new development are based on the same level-of-service being provided to existing development in the service area. We will determine the existing level-of-service by conducting onsite interviews, evaluating the appropriate studies, and analyzing relevant local data. These onsite interviews will also include discussions about and defining of the infrastructure components to be included in the IIP and development fees. ■ Determine Service Areas—Specify the area(s)within the City's boundaries in which development will be served by the"necessary public services"or facility expansions and that a substantial nexus exists between the necessary public services or facility expansions and the development being served as prescribed in the IIP. The above subtasks will enable us to ensure that three important development fee requirements are met, collectively referred to as rational nexus requirements:demonstration of impact, benefit,and proportionality. Meetings:Two (2) meetings with City staff to discuss capital facility needs and levels-of-service. As a no charge option, TischlerBise can meet with a Stakeholder Group if the City desires. Deliverables:See Task 7. TASK 4: IDENTIFY CAPITAL NEEDS AND COSTS This task will determine the relevant capital needs and costs due to growth. 1) Long-Range Capital Need—TischlerBise will focus on relevant documents such as the relevant planning documents and master plans, the current Capital Improvements Plan, and other mapping and data that is available. Discussions will aim not only to understand the specific costs, but also to assess the size and scope of projects and whether capital facility needs are due to normal replacement, catch-up, or new demand. 2) Service Units — TischlerBise will define the standardized measures of consumption, use, or generation attributable to an individual unit of development for each category of "necessary public services" or facility expansions. 3) Review Cost Estimates—TischlerBise will review the costs of infrastructure improvements, real property,financing,engineering,and architectural services associated with the"necessary public services"to be included in the IIP and development fees. 4) Financing Costs—TischlerBise will identify projected interest charges and other financial costs which are to be used for repayment of principal and interest of debt used to finance construction of"necessary public services" identified in the IIP. 5) Identify Ineligible Costs—TischlerBise will identify costs that are not eligible for inclusion in the IIP and development fees. Ineligible costs include projects not included in the IIP; repair, maintenance, or operation of existing facilities; projects which serve existing development in order to meet stricter regulatory requirements; projects which provide a higher level-of-service to existing development; and administrative, maintenance, and operating costs. As part of calculating the fee, costs for infrastructure improvements, real property, financing, engineering, and architectural services will be considered. TischlerBise will consider all of these components in developing an equitable allocation of costs. TischlerBise 14 FISCAL I ECONOMIC I PLANNING Meetings: Two (2) meetings with City staff. Deliverables:See Task 7. TASK 5: DETERMINE NEED FOR "CREDITS" TO BE APPLIED AGAINST CAPITAL COSTS A consideration of"credits" is integral to the development of a legally valid impact fee methodology. There is considerable confusion among those who are not immersed in impact fee law about the definition of a credit and why it may be required. There are two types of"credits"that are included in the calculation of impact fees,each with specific, distinct characteristics. The first is a credit due to possible double payment situations. This could occur when a property owner will make future contributions toward the capital costs of a public facility covered by an impact fee. The second is a credit toward the payment of an impact fee for the required dedication of public sites and improvements provided by the developer and for which the impact fee is imposed. Both types of credits will be considered and addressed in the development fee study. Deliverables: Memoranda as appropriate. See Task 10. TASK 6: DISCUSS PRELIMINARY METHODOLOGIES AND POLICY OPTIONS The requirement that development fees be based on an IIP does not equate to a requirement that only the plan-based methodology can be used in the calculations. The IIP can reflect the past capacity investments in infrastructure that will be repaid by new development with development fee revenue. Likewise, the City can plan to provide new development the same level-of-service being currently provided to existing development. TischlerBise will evaluate different allocation methodologies for each IIP and development fee component to determine which methodology is the most appropriate measure of the demand created by new development. These methodologies include: Cost Recovery Methodology—This methodology is best suited for infrastructure which has already been built and has excess capacity available to be utilized for new development. Incremental Expansion Methodology — Under this approach, new development will receive the current level-of-service being provided to existing development by the existing inventory of infrastructure. Plan-Based Methodology — This methodology primarily evaluates the CIP for new development's proportionate share of planned capital projects. It is important to note, however, that CIP's are often fiscally constrained and may not reflect the true requirements of new development. TischlerBise will therefore also evaluate master plans for different categories of infrastructure. This comprehensive approach and consideration of alternative methodologies will allow maximization of the development fees. TischlerBise to prepare draft levels-of-service tables and methodology recommendations for each infrastructure category and component. We will discuss this information with City staff to ensure understanding and acceptance. Policy alternatives will be discussed as appropriate. This should help ensure "sign-off'and prevent time delays in finalizing the analysis. 15 TischlerBise FISCAL I ECONOMIC I PLANNING no P-.m pppp��_ Meetings: One (1) meeting with City staff and elected officials (if desired) to discuss and explain the preliminary findings, assumptions, and results. As a no charge option, TischlerBise can meet with a Stakeholder Group if the City desires. Deliverables: TischlerBise will prepare a "story board" for staff review and comment detailing proposed levels-of-service, cost estimates, service areas, credits and recommended calculation methodologies. TASK 7: PREPARE DRAFT INFRASTRUCTURE IMPROVEMENT PLAN (IIP) In this task, TischlerBise's qualified professionals will prepare an IIP using generally accepted engineering and planning practices for each "necessary public service"for which a development fee can be assessed. Development of the IIP will include the following subtasks: ■ Reserve Capacity — The IIP will identify infrastructure capacity to be reserved to serve future development. ■ Description of Existing Necessary Public Services in the Service Area(s)—The IIP will include a description of the existing "necessary public services" in the service area(s) and the costs to upgrade, update, improve, expand, correct, or replace those services to meet existing needs and usage and stricter safety, efficiency, environmental, and regulatory standards. ■ Analysis of Total Capacity— The IIP will identify the current usage and commitments for usage of capacity of the existing "necessary public services." ■ Description of "Necessary Public Services" Attributable to New Development— The IIP will describe all parts of the "necessary public services" of facility expansions and their costs necessitated by and attributable to development in the service area(s) based on the approved land use assumptions. Cost forecasts will include the costs of infrastructure improvements, real property, financing, engineering, and architectural services. ■ Equivalency/Conversion Table — The IIP will include a table establishing the specific level or quantity of use, consumption, or generation of a service unit for each category of"necessary public services" or facility expansions. The table will include the ratio of a service unit to various types of residential, commercial, and industrial land uses. ■ Projected Service Units — The IIP will include the total number of projected service units necessitated by and attributable to new development in the service area(s), based on the approved land use assumptions. ■ Projected Demand for Necessary Public Services—The IIP will include a ten-year projection of the demand for"necessary public services", or facility expansions required by new service units. ■ Forecast of Non-Development Fee Revenues from New Service Units — The IIP will forecast revenues other than development fees generated by new service units, such as state-shared revenue, highway user revenue, federal revenue, ad valorem property taxes, construction contracting or similar excise taxes attributable to development based on the approved land use assumptions. This subtask will include a plan to include these contributions in determining the extent of the burden created by new development. TischlerBise 16 FISCAL I ECONOMIC I PLANNING These subtasks will result in a written plan that identifies each "necessary public service" or facility expansion that is to be the subject of a development fee and complies with the requirements of State law. Meetings: None. Deliverables: Draft Infrastructure Improvement Plan. TASK 8: CONDUCT FUNDING AND CASH FLOW ANALYSIS; ESTIMATE ANNUAL OPERATING COSTS To prepare a meaningful IIP, it is important to evaluate the anticipated funding sources. In this task, TischlerBise will prepare a ten-year cash flow analysis. This calculation will allow the City to better understand the revenue potential of the development fees and the amount which would be needed if the fees were discounted. It will also provide a good understanding of the cash flow needed to cover the infrastructure costs for new development. The cash flow analysis will indicate whether additional funds might be needed or whether the IIP might need to be altered. This could also affect the total credits calculated in the previous task. Therefore, it is likely that several iterations will be conducted in order to refine the cash flow analysis reflecting the capital improvement needs. Development fee revenues can only be spent on capital projects that add capacity. Operating and maintenance costs associated with these capital improvements will have to be funded from other revenue sources, mostly likely from the General Fund. To estimate the annual operational and maintenance costs of the projected infrastructure, TischlerBise will utilize several data sources, including: ■ Most recently adopted operating budget. ■ Most recently adopted CIP. ■ Capital project/program submittal sheets from departments. Meetings: None. Deliverables:See Task 10. TASK 9: COMPLETE DEVELOPMENT FEE METHODOLOGY AND CALCULATIONS The completion of the previous task will enable the development fee methodology and calculations to be finalized. TischlerBise will calculate the maximum justifiable fee for commercial, residential, and industrial development that can be charged and conform to fee requirements. Meetings: None. Deliverables: Draft Development Fee Report. TASK 10: PREPARE FINAL LAND USE ASSUMPTIONS, IIP AND DEVELOPMENT FEE REPORT, PUBLIC PRESENTATIONS TischlerBise will prepare a written report for the City that summarizes the need for development fees for the "necessary public services" category and the relevant methodologies employed, as well as documentation for all assumptions and cost factors. The report will include at a minimum the following information: ■ Executive Summary. ■ A detailed description of the methodologies used during the study. 17 TischlerBise FISCAL I ECONOMIC I PLANNING no P_.awpppp��_ ■ A detailed description of all level-of-service standards and cost factors used and accompanying rationale. ■ An IIP spanning a maximum ten-year planning horizon (15-year for utilities), listing projects, costs, timing, and financing. ■ A detailed schedule of all proposed fees listed by land use type and activity. ■ Other information which adequately explains and justifies the resulting recommended fee schedule. ■ A ten-year cash flow analysis of development fees and estimate of operating costs. Meetings:One (1) presentation/work session with the City Council to present and discuss final and Use Assumptions, Development Fee Report and IIP as part of the legislatively required adoption process. Deliverables: Final Land Use Assumptions, IIP and Development Fee Report and presentation materials for meetings. TischlerBise 18 FISCAL I ECONOMIC I PLANNING Section 4: Project Schedule Project Schedule The table below indicates our proposed schedule for this assignment. This schedule assumes all draft work products needed to start the adoption process are completed by month 6. PROPOSED SCHEDULE-LAND USE ASSUMPTIONS, IIP AND DEVELOPMENT FEE STUDY Tasks Anticipated Dates Meetings* Meetings/Deliverables Task 1:Project Initiation/Data Acquisition Month 1 1* Data Request Memorandum Task 2:Prepare Land Use Assumptions Months 1 and 2 1* Technical Memorandum Discussing Recommended Land Use Assumptions Task 3:Ascertain Demand Factors and Levels-of- Months 2 through 4 1* See Task 7 Service for Necessary Public Services Task 4:Identify Capital Needs and Costs Months 2 through 4 2 See Task 7 Task 5:Determine Need for Credits Month 4 0 See Task 0 Task 6:DiscLISSPrelimi nary Met hod ologies and Policy Month 0 Storyboard Presentation on Fee Options Methodologies Task 7:Prepare Infrastructure Improvement Plan(IIP) Months 4 and 5 2 Draft/Final Infrastructure Improvement Plan Task 8:Conduct Funding and Cash Flow Analysis Month 5 0 See Task 10 Task 9:Complete Development Fee Methodology and Months 5 and 6 0 Draftl HIPand Development Fee Report Fee Calculations Task 10:Prepare Final Land Use Assumptions,IIP and Months 5 and 6 1 Final IIP and Development Fee Report Development Fee Report,Public Presentations *In several cases it is assumed meetings are held with multiple departments overone(1)trip. Accessibility TischlerBise will attend pre-scheduled meetings with the City in person (or video conference if desired) deploying staff from our main office in Maryland. TischlerBise staff regularly travel to our national client base without incident and frequently utilize regional trips to add additional (uncontracted) trips to clients. TischlerBise's regular and repeat work in Arizona affirms our flexibility and ability to accommodate schedules. Our Project Team will be available via email and phone throughout the study, and our accessibility and availability will continue throughout the term of the Agreement. We encourage you to consult our references regarding our superior accessibility and availability. Internal Communications An essential component of these efforts is frequent, ongoing, and meaningful communication between the consultant team and staff. TischlerBise is known for its hands-on approach, with face-to-face meetings, frequent conference calls, and ongoing email communications as an integral part of our work scope. The specific strategy is to use the Work Scope and Schedule to manage the project. It is recommended the City identify a staff Project Manager who serves as a point person between the consultant team and City. It is 19 TischlerBise FISCAL I ECONOMIC I PLANNING no P_..Mapppp��_ also recommended that a staff working group/technical committee be identified to provide feedback throughout the study process. This enables effective and efficient processes as well as keeps relevant staff apprised of the study's progress and content. TischlerBise also recommends periodic briefings with City Administration. Project Management Approach TischlerBise utilizes a project management process which ensures our projects are completed on time and within budget, and, most importantly, they yield results that match our clients' expectations. Our project management plan employs the following principles to mitigate potential risk and result in successful projects: • Risk: Lack of Understanding of Project Goals, Objectives, and Desired Outcomes O Mitigation: We begin by defining the project to be completed. Based on discussions that occur as part of our Project Initiation task, Carson Bise, along with Mr. Griffin will identify the final project goals and objectives in collaboration with City staff, list potential challenges to the process, and develop a plan to ensure successful outcomes and effective communication. • Risk: Schedule Delays O Mitigation: We will plan the project schedule from the outset. As part of the Project Initiation task, Mr. Bise will work with City staff to create an agreed-upon timetable to meet the project schedule. Prior to beginning the project, Mr. Bise will assign roles that will ensure that the project schedule is met on time and within budget. • Risk: Technical Complications o Mitigation: We will actively manage the project process. Mr. Bise, Ms. Herlands, and Mr. Griffin have a long history of strong project management skills that are supported by past project successes (we encourage you to contact our references in this regard). Mr. Bise will manage the work in progress, provide guidance and oversight to staff, and be accountable to the City meeting the schedule, budget, and technical requirements of the project. • Risk: Quality Control O Mitigation: We will review all project deliverables and communication through a formal quality assurance process that requires review at the peer level, project manager level, and executive officer level. Prior to the delivery of work product to the City, deliverables will go through a structured quality assurance process involving up to three levels of review and utilizing a checklist tool. The first level involves a peer-to-peer review of work products and computer models. Next, Mr. Bise, assisted by Ms. Herlands will be responsible for a second set of reviews comparing the work product to the completed quality checklist form. • Risk: Loss of Project Staff O Mitigation: Our Project Team for this assignment include two of the firm's principals and one senior consultant. The fact that our project team includes the firm's President and Vice President, as well as a senior member of our staff with a vested interest in continuing with a firm, the need to replace a member of our proposed Project Team is highly unlikely. If TischlerBise 20 FISCAL I ECONOMIC I PLANNING the need to replace a team member does arise, TischlerBise is the largest impact fee consulting firm in the country, and can immediately bring in Colin McAweeney, who is our Western Region Manager, who heads our Boise office. • Risk: Cost Overruns o Mitigation: The studies will be conducted under a fixed fee arrangement.We typically do not utilize change orders in our work efforts. The potential for a change in budget could occur if the goals, objectives, and expectations as agreed upon in the scope and project management processes shift significantly. The use of the above proactive project management elements is structured to avoid budgetary issues. 21 Tisch re BI ise FISCAL I ECONOMIC I PLANNING no P-.m pppp��- Section 5: Pricing The table below summarizes our estimated consultant costs for the tasks reflected in our proposed scope of work. This proposal is fixed fee and includes all project expenses. We have estimated these expenses based on past project experience and do not expect the City to reimburse us for any costs we incur above these estimates. TischlerBise invoices monthly, based on the percentage complete for each task. PROPOSED FEE-INFRASTRUCTURE IMPROVEMENT PLAN AND LAND USE ASSUMPTIONS Project Team Member: Bise Herlands Griffin Total Hourly Rate* $210 $190 $190 Hours Cost Task 1:Project Initiation/Data Acquisition 8 0 0 8 $1,680 Task 2:Prepare Land UseAssumptions 8 2 24 34 $6,620 Task 3:Ascertain Demand Factors and Levels-of-Service for Necessary Public Services 16 4 24 44 $8,680 Task 4:Identify Capital Needs and Costs 16 4 40 60 $11,720 Task 5:Determine Need for Credits 8 2 12 22 $4,340 Task 6:Discuss Preliminary Methodologies and Policy Options 8 0 16 24 $4,720 Task 7:Prepare Infrastructure Improvement Plan(IIP) 8 4 40 52 $10,040 Task 8:Conduct Funding and Cash Flow Analysis 4 2 12 18 $3,500 Task 9:Complete Development Fee Methodology and FeeCalculations 4 2 16 22 $4,260 Task 10:Prepare Final Land Use Assumptions,lIP and Development Fee Report,Public Presentations 1 24 4 32 1 60 $11,880 Total Cost: 104 24 216 1 344 $67,440 "Hourly rates are inclusive of all costs. TischlerBise 22 FISCAL I ECONOMIC I PLANNING Tischler ise FISCAL I ECONOMIC I PLANNING Principal Office 4701 Sangamore Road, Suite S240 Bethesda, MD 20816 301.320.6900 x12 (w) carson@tischlerbise.com Boise Office 999 W. Main Street#100 Boise, Idaho 83701 l 1 DEVELOPMENT SERVICES DEVELOPMENT FE ,ES . UPDATE CITY COUNCIL WORK SESSION MAY 5, 2025 Background • State statutes ( § 9 -463 . 05 ) require that the Development Fee Study : Land Use Assumptions and Infrastructure Plan ( 11P ) be updated every 5 years • The project also includes an update to Volume II , Chapter 7 Development Fee Ordinance What are Development Fees .? • One-time fees imposed for new development • Used to fund infrastructure and services impacted by growth : ➢ Parks & Recreation ➢ Streets ➢ Police ➢ Li b ra ry • Ensure that "growth pays for growth " rather than burdening existing taxpayers Why now .? • Current fee structure is outdated ( last updated in 2022 ) • Costs of infrastructure has significantly increased throughout the last few years • Significant development changes since last update • Risk of underfunding critical infrastructure Key Impacts of Outdated Fees • Taxpayers subsidize new development • Developers may not pay their fair share • Inadequate revenue for roads and public services Fee Update Study Analysis : • Review existing fee structure • Analyze infrastructure needs and costs • Benchmark fees against peer cities Benefits : • Objectivity • Expertise in finance, planning and law • Stakeholder engagement and transparency Goals of the Update • Align fees with actual costs • Ensure fairness and consistency • Support sustainable, planned growth • Comply with legal requirements • Enhance capital planning and budgeting accuracy Estimated Timeline & Cost • Data collection and stakeholder engagement • Analysis and recommendations • Public Hearings • Council review and adoption • Mandatory waiting periods per ARS § 9 -463 , 05 Estimated time of completion : October 2026 Cost : $ 671440 '0 Recommendation Staff recommends that City Council approve the contract with TischlerBise and authorize initiation of the development fee update process Questions .? CITY COUNCIL MEETING ROLL CALL Date: Work Studys S Regular Special Audge RpJI Dy 5:710� E:$�w S:�I'Ol E:9:1! S�%oo 7%1v CITY COUNCIL: Present Ab/excu Present Ab/excu Present Ab/excu MAYOR WILSON ✓ _V VICE MAYOR SCHROEDER ✓ COUNCILMEMBER CROSS COUNCILMEMBER HECK V COUNCILMEMBER JOHNSON / COUNCILMEMBER NESSER V COUNCILMEMBER SOLLER _ TOTAL I(r u CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu City Manager Bryant Powell V V V Assistant City Manager Matt Busby ✓ d V Econ Director Ryan Kaup ✓ r/ Mrkt Comm Director Kayla Fulmer 1/ ✓ Management Analyst Rob Wisler ✓ ✓ t/ +, City Clerk Evie McKinney (/ ✓ ✓ Deputy City Clerk Amy Greening City Attorney Joel Stern ✓ ✓ Public Safety Director Michael Pooley V I/ Public Safety Assistant Johnny John Dev Services Director Rudy Esquivias I/ ✓ Dev Sery Deputy Dir Sidney Urias 1/ �/ ✓ Building&Safety Mgr AdrianAlegria ✓ Senior Planner Kelsey Schattnik Planner Erica Hernandez Planner Nick Leftwich Water District Director Mike Loggins PW Director Ted Wolff City Engineer Emile Schmid PW Project Engineer Raquel Schatz Municipal Judge Thomas McDermott Finance Director Angelie Hawley I/ Library Director Pam Harrison I/ Park& Rec Director Liz Langenbach ✓ /� a HR Director Anna McCray ✓ IT Director Dough -rthgen Su 1l►van s I i j2 i fill e� City Council VOTE — ROLL CALL ITEM # 3 MEETING OF MOTION BY: r I SECONDED BY: T NOTES: y2 � DJuf/ 1/1/L l �iYt � � YES YES ABSTAINED CITY COUNCIL: COUNCILMEMBER SOLLER COUNCILMEMBER NESSER ,V COUNCILMEMBER CROSS V COUNCILMEMBERJOHNSON VICE MAYOR SCHROEDER of COUNCILMEMBER HECK MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote Sheet 3 S S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # ' a r a) MEETING OF ZD MOTION BY: jo J SECONDED BY: 6 �S NOTES: N �-O YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER CROSS V COUNCILMEMBER SOLLER COUNCILMEMBER HECK COUNCILMEMBER JOHNSON VICE MAYOR SCHROEDER COUNCILMEMBER NESSER MAYOR WILSON TOTAL 00 UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL SHEET 4 S:/5—Templates&Forms/Vote Call—City Council Date:---,, (� CITY OF APACHE JUNCTION y REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: I would like to speak on a Non-Agenda matter regarding: i Do you wish to speak before Council on this item? Yes l/ No Only If Necessary I am in favor of the proposed Item. I am opposed to the proposed Item. RV\14 n L�� First Name Last Name (PRINT) kT { 1 \ 15 Q 6 r Ad ress City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. 's 1-602 (A)(9)_ Signature of Par t/Guardian Date Ac e. v e d R� �eg��a►� Cou��l ���. I am expressing serious concerns regarding the proposed solar development projects and the associated disposition of approximately 9,000 acres of public land currently managed by the State of Arizona. The environmental, ecological, and public trust implications of these proposals warrant careful scrutiny and robust public engagement. Solar photovoltaic panels installed in Arizona are subject to extreme surface temperatures, often reaching approximately 149°F. These conditions substantially exceed the optimal operational range of solar panels, typically between 59°F and 95°F. Deployment of solar facilities under such conditions poses a direct threat to local wildlife,particularly birds and bats native to the region, which may become disoriented by the reflective surfaces of the panels, mistaking them for bodies of water. This confusion could result in substantial and irreversible harm to these vulnerable species. Furthermore, the maintenance of large-scale solar installations requires significant water resources. Industry estimates indicate that approximately 20 gallons of water per megawatt-hour(MWh) are necessary for routine panel cleaning. Given Arizona's ongoing water scarcity challenges, the additional demand associated with these facilities will place further strain on already limited water supplies. Of additional concern is the proposed development of battery storage facilities, which may require millions of gallons of water daily for manufacturing and operational purposes. The specific sources of this water have not been disclosed. Large-scale battery production facilities, or gigafactories, have substantial water footprints, and there is currently no effective recycling method for lithium-ion batteries at scale. This raises critical questions about the long-term environmental stewardship and waste management strategies associated with these projects. Equally troubling is the proposed conveyance of approximately 9,000 acres of public land—an area equivalent to 6,000 to 7,000 football fields. The state has traditionally refrained from selling or disposing of public land to individual,but only to developers or companies. Therefore,this proposed action demands full transparency regarding the parties who stand to benefit financially, as well as a thorough analysis of how this action aligns with the public interest and the states mission. This will so place this solar and storage project over an underground aquifer and if any of these batteries leak it will be devastating to the environment and the people all the way to Tuson. Given the magnitude of the potential impacts, I respectfully urge the State and other relevant authorities to halt the building of this plant. THIS PROJECT NEEDS TO BE HALTED IMMEDIATELY Please come to the Pinal County Zoning Board meeting to oppose this construction. We need your voice. Donna Carr i_� Date: 42 S CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: I would like to speak on a Non-Agenda matter regarding: Do you wish to speak before Council on this item? Yes No Only If Necessary am in favor of the proposed Item. I am opposed to the proposed Item. I f 1'1-e c, ,.e e e [L First Name Last Name (PRINT) 13 � 7 Address City Zip Code S03" 7 G `-I Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9)_ Signature of Parent/Guardian Date Date:-, r� CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. would like to speak on Agenda Item #: I would like to speak on a Non-Agenda matter regarding: Do you wish to speak before Council on this item? Yes No Only If Necessary I am in favor of the proposed Item. I am opposed to the proposed Item. First Name Last Name (PRINT) 3 Address f City Zip Code 3; elk Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: 1, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. � 1-602 (A)(9)_ Signature of Parent/Guardian Date CITY OF APACHE JUNCTION Mayor's Script ,I Regular Meeting Tuesday, May 6, 2025 A. CALL TO ORDER I would like to call this City of Apache Junction Council Meeting of May 6, 2025, to order and ask everyone to put their cell phones on silent. B. INVOCATION AND PLEDGE OF ALLEGIANCE The in oc n will be led by qlul� & the pledge by Councilmember C. ROLL CALL Roll call D. CONSENT AGENDA As a reminder—All items under the Consent Agenda will be approved with one motion. If a Councilmember wishes to remove an item for further discussion, the request will be made prior to approving the consent agenda and will be moved to New Business. 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of the regular meeting of April 15, 2025. 3. Consideration of approval of a Telecommunications License Agreement between Flying Bull Internet, LLC (dba Novos Fiber) and the City of Apache Junction. Do I have a motion on the consent agenda? Wait for Motion and 2nd Roll Call E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 4. Proclamation designating May 2025, as "Building Safety Month." Adrian to accept 5. Proclamation designating the week of May 4 through May 10, 2025, as "Professional Municipal Clerks Week" Evie to accept 6. Proclamation designating May 17, 2025, as "Kids to Parks Day." Liz to accept F. REGIONAL INTERGOVERNMENTAL UPDATES 7. Regional intergovernmental meeting updates from Council. G. CITY MANAGER'S REPORT 8. City Manager's Report Bryant to report 9. Presentation and update on the Youth Advisory Council. Bryant to report 10. Economic Development update with director, Ryan Kaup. Ryan to report 11.Announcement of Current Events. Eli to report H. PUBLIC HEARINGS I. OLD BUSINESS J. NEW BUSINESS K. COUNCIL DIRECTION TO STAFF 12. Direction to staff for a text amendment of the City Code regarding fortune telling businesses. Nick to report Do I have a motion on the Council Direction to Staff?? Wait for Motion and 2nd Roll Call L. SELECTION OF MEETING DATES, TIMES, LOCATIONS AND PURPOSES M. CALL TO PUBLIC I would like to remind everyone that the Call to the Public is a courtesy and not required by law. It is a time for the public to express requests, communications, comments and suggestions. Request to speak forms must be completed and handed to the city clerk before the end of the city manager's report. All issues shall be presented in a professional manner without personal attacks. Under the open meeting law the COUNCIL CANNOT ENGAGE IN DISCUSSION on the issues presented, but may respond to criticism and may direct staff to follow up with the speaker directly and/or place this matter on a future agenda for council discussion. There is a three-minute limit for each speaker. Does Council have any requests of staff to follow up on? N. ADJOURNMENT— I adjourn this meeting. PI 5.06.2025 Consent Agenda Item Nos 1-3 1 MOVE THAT the consent agenda be accepted as presented. Item No. 12 — Council Direction To Staff MOVE THAT direction to staff be given to review and consider updates to the Apache Junction City Code, Volume 1, Chapter 8: Business: regulations concerning fortune telling businesses and the permit fees prescribed for them. c f Public Works Department Wt Ole-Al�IA6;c% Home of the Superstition Mountains Mtn MEMORANDUM Date: May 6, 2025 To: Honorable Mayor and Members of the City Council Through: Bryant Powell, City Manager Ted Wolff, Public Works Director From: Emile Schmid, P.E., City Engineer Subject: Consideration of approval of a Telecommunications License Agreement between Flying Bull Internet, LLC (dba Novos Fiber) and the City of Apache Junction The City of Apache Junction owns public streets and alley rights-of-way ("ROW") within the corporate limits of the city that are designated for use by utility providers for installation, operation and repair of public utilities pursuant to licenses or other agreements with the city. This standard license agreement between Flying Bull Internet, LLC (dba Novos Fiber) and the City of Apache Junction will allow Novos Fiber to install and maintain their telecommunication facilities within city ROW per the agreement which outlines the telecommunications rights, duties and fees. The Public Works Department is respectfully requesting City Council to approve this Telecommunications License Agreement between Flying Bull Internet, LLC (dba Novos Fiber) and the City of Apache Junction for the installation and maintenance of telecommunications facilities, and to authorize the City Engineer to sign the agreement on behalf of the city. 575 E. Baseline Avenue, Apache Junction, AZ 85119 Tel (480) 982-1055 5.06.2025 Consent Agenda Item Nos 1-3 1 MOVE THAT the consent agenda be accepted as presented, AND Authorize City Engineer Emile Schmidt to execute the agreement with Flying Bull Internet, LLC, as listed under Item #3.