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2013 09.03 City Council Regular Agenda
,g_ H City of Apache Junction, Arizona Meeting location City Council Chambers at City Hall 1 300 E Superstition Blvd Agenda Apache Junction,AZ 85119 City Council Meeting www ajcity net Ph (480)982-8002 .... Tuesday,September 3,2013 7 00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public heanng The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda 1. 13-241 Acceptance of agenda Consideration and action. 2. 13-242 Approval of minutes of regular meeting of August 20, 2013 Consideration and action. 3. 13-243 Professional services agreement with East Valley Adult Resources, Inc for mileage reimbursement incentive program ("Ride Choice") Consideration and action. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards, presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance, time and location G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city There shall however be no discussion at this time except for clarification inquiries City of Apache Junction,Arizona Page 1 Printed on 8/26/2013 .0111, City Council Meeting Agenda September 3,2013 4 13-245 City manager's report Presentation and discussion. H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak All remarks shall be addressed to the council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor This time limitation shall not apply to applicants and their agents appearing before the council 5 13-244 Application for a special event liquor license for Choir Boys Law Enforcement Motorcycle Club for October 5, 2013 to be held at 2910 W Apache Trail This is a fundraiser for police officers killed or injured on duty The next step in the procedure is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor License and Control. Consideration and action. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk 6 13-208 Presentation and discussion of the Fiscal Year 2013-2014 legislative work plan Presentation and discussion J. NEW BUSINESS The council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a wntten request-to-speak form with the city clerk K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters 7. 13-233 Council direction to staff on meeting format, topics, and possible meeting dates and locations for the staff strategic planning session Direction to staff. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 8 13-246 Executive Session at 5 45 P M and Work Session at 7 00 P M for Monday, September 16, 2013 9. 13-247 Executive Session at 5 45 P M for Tuesday, September 17, 2013 Other meetings if necessary City of Apache Junction,Arizona Page 2 Printed on 8/26/2013 City Council Meeting Agenda September 3,2013 M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda If there is a group speaking on the same item, they Adak should select a spokesperson All such remarks shall be addressed to the council as a whole and not to any member thereof The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion 1)respond to criticism by a speaker;2)ask the city manager to review a matter, 3)ask the city manager to place the matter on a future agenda Each speaker must approach the podium, speak into the microphone, provide their name and address There is a three(3)minute time limit per speaker N. ADJOURNMENT Copies of this agenda and additional information 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 If any person with a disability needs any type of accommodation, please notify Human Resources at (480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time City of Apache Junction,Arizona Page 3 Printed on 8/28/2013 CITY COUNCIL REGULAR MEETING AUGUST 20, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on August 20, 2013 , at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 . 00 p m INVOCATION Councilmember Wilson gave the Invocation PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance . ROLL CALL Councilmembers Present • Mayor Insalaco Vice Mayor Barker Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson (Councilmember Evans was absent ) Staff Present • City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Acting Public Safety Director/Deputy Police Chief Tom Kelly Finance Director Donna Meinerts Assistant to the City Manager Matt Busby Others Present None . REGULAR MEETING OF THE CITY COUNCIL AUGUST 20, 2013 PAGE 1 OF 21 ACCEPTANCE OF CONSENT AGENDA Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED Councilmember Waldron SECONDED THE MOTION VOTE . Unanimous . .�. The motion carried AWARDS, PRESENTATIONS AND PROCLAMATIONS Assistant City Manager Bryant Powell presented Finance Director Donna Meinerts with a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association for the city' s comprehensive annual financial report ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy announced the public needs to be aware of possible solar panel scams . He suggested they see some of their work and get some references . The city is looking into this further. CITY MANAGER' S REPORT City Manager George Hoffman complimented Finance Director Donna Meinerts and her staff, commented on the library winning the national Harry Potter Award and the activities held with the �• event, and read a note from Acting Police Chief Tom Kelly to Public Works Director Giao Pham and Parks and Recreation Director Jeff Bell thanking their departments for their help in the coordinated search with Tempe Police Department and the Federal Bureau of Investigation regarding a homicide victim PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES PERMIT FOR LOST DUTCHMAN FRATERNAL ORDER OF EAGLES #3850 FOR SEPTEMBER 28, 2013) REGULAR MEETING OF THE CITY COUNCIL AUGUST 20 , 2013 PAGE 2 OF 21 City Clerk Kathleen Connelly briefed the council on the item Mayor Insalaco requested the applicant address the council . An unidentified woman representing Fraternal Order of Eagles #3850 stated this is a fundraiser for the Apache Junction kids It is a tribute to the Kiss band All the proceeds will go to the four elementary schools and the middle schools for sporting events and anything else they need. Councilmember Serdy asked if it will be open to the public or just members . The Eagles representative stated it is open to the public It will be outside in the parking lot . They will be selling tickets for a minimum donation. Councilmember Serdy asked if they want people to come dressed as Kiss . The Eagles representative stated if they would like to Vice Mayor Barker commented she noticed in the planning division memo they recommended several things for this event - a water truck to wet down the temporary parking lot, additional security personnel and the possibility of noise complaints . She is sure they are well aware of the last one as they usually shut down before that happens anyway The Eagles representative stated they have a water truck on the property already and the AJ Mounted Rangers have signed a contract donating their security services for the event . There will be 13 of them. They will also have about 15 of their own officers attending. Mayor Insalaco opened the public hearing on the item. There being no one wishing to REGULAR MEETING OF THE CITY COUNCIL AUGUST 20, 2013 PAGE 3 OF 21 speak, he closed the public hearing and reopened it to council discussion. There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES PERMIT FOR LOST DUTCHMAN FRATERNAL ORDER OF EAGLES #3850 FOR SEPTEMBER 28 , 2013 , SUBMITTED BY WILLIAM KIMBALL, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION VOTE: Unanimous The motion carried. APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY COMPANY, SERIES 7 LIQUOR LICENSE FOR HANDLEBAR PUB AND GRILL City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council Ms . Candace Plzak addressed the council . Councilmember Serdy asked if .-► they would be doing pizzas in the oven outside . Ms Candace Plzak stated they do not have an outside pizza oven at this time She added if it is possible to do that in the future they would love to. Mayor Insalaco opened the public hearing on the item There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion There being no further discussion, he called for a motion. REGULAR MEETING OF THE CITY COUNCIL AUGUST 20 , 2013 PAGE 4 OF 21 /► Vice Mayor Barker MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY COMPANY, SERIES 7 LIQUOR LICENSE FOR HANDLEBAR PUB AND GRILL, SUBMITTED BY PATRICIA CANDACE PLZAK, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. An. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 12 LIQUOR LICENSE FOR SKIES KITCHEN City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Ms Lee Nugent addressed the council . Councilmember Waldron asked if Superstition Skies is closed. /ft Ms Lee Nugent stated it is . It has been closed for two months . It will be re-opening on Thursday They opened the old Sundance back in May. The former Sundance is owned by some people that live in London They flew in and asked them to take it over. They are leasing it, they have not bought it yet Councilmember Waldron asked if the other one is opening in a couple of months . Ms . Lee Nugent stated it will be opening in a couple of days . REGULAR MEETING OF THE CITY COUNCIL AUGUST 20 , 2013 PAGE 5 OF 21 Aft, Mayor Insalaco asked if the liquor license is clear on that one, too. Ms . Lee Nugent stated it is There was never an issue about the liquor license . It was a personal issue with her. Their attorney did a little double clutching of the law. They got it straightened out and they have to give everything back, including taking everything off .�. the liquor license . Mayor Insalaco commented the application has a question about if they have any live entertainment or dancing and, if so, what type and how often Stephanie Smith marked no. Ms . Lee Nugent stated they do not plan on having any entertainment in there They plan on being closed by 9 p m The liquor license is primarily for people that come in for dinner, they want to have a drink with dinner, and they close early. She does not intend for it to be a bar. She has a bar and one is enough This is a restaurant that happens to serve drinks Stephanie Smith is no longer with us ; they will be changing the agent to her son after the council meeting They will only have entertainment on Friday during dinner. Mayor Insalaco commented it is just entertainment, there is no dancing or anything like that . Ms . Lee Nugent stated it is a single individual . They have a dance floor but it is half the size of this area here Mayor Insalaco asked the city clerk how this could be taken care of City Clerk Kathleen Connelly stated they should probably give an updated page or something in writing verifying that there is not going to be entertainment She Just mentioned there will be a change in agents REGULAR MEETING OF THE CITY COUNCIL AUGUST 20, 2013 PAGE 6 OF 21 .. Ms Lee Nugent stated she called the city this morning to see if that would be an issue and was told no, they would just need someone here at the meeting to represent the corporation. City Clerk Kathleen Connelly stated that is for this meeting but she may need to update the ... paperwork with the state . Ms Lee Nugent stated she called the liquor board and she is more afraid of them than anybody She called to find out the procedure and was told to go to the council meeting and if everything is approved there she was then to make an application for a new agent . The agent does not need to be part of the company City Attorney Joel Stern commented he thinks this should be called an amendment to the application and put the following amendments have been made Mayor Insalaco asked if he meant the music City Attorney Joel Stern stated in regards to what they have been talking about such as the person and the music It should be submitted to the city clerk. Ms . Lee Nugent asked if there was any other problem .. City Attorney Joel Stern stated there is no other problem. Ms . Lee Nugent asked if there is a problem with her name here . City Attorney Joel Stern stated there is not and he believes they can still act on this tonight He thinks for the purpose of the record that the city clerk is correct It does need to be amended. REGULAR MEETING OF THE CITY COUNCIL AUGUST 20 , 2013 PAGE 7 OF 21 p Ms . Lee Nugent asked if she does that . City Attorney Joel Stern stated she should do that and submit it to the city clerk tomorrow Ms Lee Nugent stated she ,.„� could do that tomorrow. Councilmember Serdy asked if the menu is available for take-out Ms Lee Nugent stated it is They have a lot of things . Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 12 LIQUOR LICENSE FOR SKIES KITCHEN, SUBMITTED BY STEPHANIE LYNN SMITH, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Barker SECONDED THE MOTION. VOTE. Unanimous . The motion carried OLD BUSINESS None . NEW BUSINESS FISCAL YEAR 2013-2014 LEGISLATIVE WORK PLAN ) REGULAR MEETING OF THE CITY COUNCIL AUGUST 20, 2013 PAGE 8 OF 21 Assistant to the City Manager Matt Busby briefed the council on the item. Vice Mayor Barker commented the code changes under internal issues are the result of the legislative actions that were taken. ,,,,. Assistant to the City Manager Matt Busby stated that is correct . With the tax simplification there will need to be a couple of specific changes that need to take place, along with some of the election bills Councilmember Waldron asked if it were possible to get a status update on some of them that are being carried forward and are in the process of being done Assistant to the City Manager Matt Busby asked if he wanted that in written format or a verbal update in a meeting Councilmember Waldron commented it could be tacked on in here . An example would be where they stand on the process of the comprehensive zoning code update Assistant to the City Manager Matt Busby stated it would be a status update in the narrative right below it . Councilmember Waldron A. commented that is what he was thinking Vice Mayor Barker commented there are several of these they have been working on and she knows work has been done on them. Assistant to the City Manager Matt Busby stated that one was a good example as they have been working on it for over a year. They are almost there Councilmember Waldron commented they just want to see where things stand. REGULAR MEETING OF THE CITY COUNCIL AUGUST 20 , 2013 PAGE 9 OF 21 .. .. Assistant City Manager Bryant Powell stated there has been a lot of work done on the first four, in fact, the first six. Vice Mayor Barker asked if the public safety pawn shop change was brought up last spring. Assistant to the City Manager p Matt Busby stated it might have been a year ago. This is the second year this had been on. Vice Mayor Barker asked if they are working with that . City Attorney Joel Stern stated this goes back almost two years To his knowledge, there has never been a direction to staff to bring this back Although there has been no direction, in contemplation of that happening he did several drafts and it has been discussed internally. There have been changes to those drafts and council has not seen it as it is not ready. Vice Mayor Barker commented so we are actually working on it, but slowly City Attorney Joel Stern stated that is correct but they have been looking at it with no direction There has been no official direction to bring it back as an ordinance . City Clerk Kathleen Connelly .. commented some of the Chapter 8 changes caused by the tax simplification process will most likely impact how we collect taxes and regulate pawn shops . Vice Mayor Barker commented she was thinking about that while she looked at the new changes . It looked as though some of them would impact that . City Clerk Kathleen Connelly stated we have to stop looking from the tax collection process to the licensing process REGULAR MEETING OF THE CITY COUNCIL AUGUST 20, 2013 PAGE 10 OF 21 Councilmember Serdy asked if there is still the one active pawn shop. City Clerk Kathleen Connelly stated she thought the city has several . City Attorney Joel Stern stated he believed that is a police chief issue . He knows the answer. Acting Public Safety Director/Deputy Police Chief Tom Kelly stated there are four or five Vice Mayor Barker commented she did not realize that . Mayor Insalaco asked where they are all at . Councilmember Serdy commented for a long time we had none City Clerk Kathleen Connelly stated the city has a few Vice Mayor Barker asked where they are. Acting Public Safety Director/Deputy Police Chief Tom Kelly stated a couple of them are not what one would call a traditional pawn shop. They take in things but sell them elsewhere They do not actually sell but they are still classified pawn shops They also have some that are considered a pawn shop by ordinance that are taking in gold, jewelry and other items Vice Mayor Barker commented they would take in coins . Acting Public Safety Director/Deputy Police Chief Tom Kelly stated there are probably REGULAR MEETING OF THE CITY COUNCIL AUGUST 20, 2013 PAGE 11 OF 21 four or five that they actively get continual , limited information from Councilmember Serdy asked about the antique mall Acting Public Safety Director/Deputy Police Chief Tom Kelly stated the antique mall is one of the quasi- spots where they do take in things for sale and pawn. They are back and forth with them. They were working with them at one time and it comes and goes as the investigations go back and forth They have been working with the police department on a regular basis Vice Mayor Barker commented she would like to see a couple of these come back in the very near future . She would like to see number ten come back for a discussion in the first work session in October It is the school district intergovernmental agreement . She would also like to see the alternative street funding in the second work session in October Councilmember Serdy commented they talked about something once before when the budget was being cut but it is kind of stabilized now Without putting it onto a work session, he would like some information on the feasibility of broadcasting the planning and zoning commission meetings . He knows staff is overworked on that, but they are also looking at succession. He asked if there was anyone else that could do that It does not have to be as elaborately broadcast as these They could use one automatic camera It .� would be nice to tune in and watch them for the council ' s research. City Manager George Hoffman stated what would be ideal in his perspective is to have that be an item that is put on the legislative work plan Staff can do their assessment, come back, have a conversation, and get council direction to staff on it . They can consider that an item if there is head nodding They can bring it back in a draft and it will be a perfect discussion item. REGULAR MEETING OF THE CITY COUNCIL AUGUST 20, 2013 PAGE 12 OF 21 Vice Mayor Barker asked if they can also look at the possibility of in town folks getting some kind of break when they bid for items . Several cities have done that now. City Attorney Joel Stern commented there are some really, deep legal issues with that ,.ft. They have talked about it and there has never been a direction on that, also He has talked to the city manager about it . He has seen ordinances from other cities . Summing up the legal issue, if it is a charter city they can probably do it, although some charter cities do not necessarily agree with that interpretation If it is not a charter city, some non-charter cities have done it and, while he does not want to get into the legal issues here, there is a legal issue if that is done Mayor Insalaco asked him to explain a charter city very quickly. City Attorney Joel Stern stated a charter city is where a charter is basically the constitution of the city If the city does not have a charter, then basically the Arizona Revised State Statutes guide everything that is done . In Apache Junction, that is how it is . The statutes are used to guide everything we do Apache Junction does not have a charter. City Manager George Hoffman stated establishing a charter is a multi-year process where they end up going to the voters to ask if the city can conduct itself .. in a certain manner. Some cities have done that but many have not . We have to comply with state legislation. Councilmember Serdy commented one of the cities in the far west side just did this They are set up differently than us and that is how they were allowed to do this . Vice Mayor Barker commented they are not a charter city. City Manager George Hoffman stated he has on his desk a three or four page summary from Anna REGULAR MEETING OF THE CITY COUNCIL AUGUST 20, 2013 PAGE 13 OF 21 McCray on this subject . Tomorrow staff is meeting to go over that If it works for the council, they will wrap up that analysis and get it to them. They can then decide whether they want to consider this item further and put it on a work plan or decide it is not something they want to pursue . He asked if that plan works Vice Mayor Barker stated it ,.■., does Assistant to the City Manager Matt Busby stated he has an item highlighted that he believes is a combination of two older items . It is a little different than a local preference, but it may be what the council wishes to amend this item to reflect . City Manager George Hoffman stated he was thinking that it had a best value, but he did not remember. City Clerk Kathleen Connelly stated that was from Tucson Vice Mayor Barker asked if that is the one where they did not necessarily look at this . It was the lowest bid They looked at the bid which would give us what we considered the best value for what we were putting out there . In her mind this is a totally different thing. City Attorney Joel Stern stated he thinks there was some sort of aspect of local i. preference built in to that with the Tucson ordinance . City Manager George Hoffman stated the Tucson ordinance is definitely with a local preference. Vice Mayor Barker commented they are a charter city City Attorney Joel Stern stated they are a charter city and they do all sorts of things . They won some recent case law on certain election issues . REGULAR MEETING OF THE CITY COUNCIL AUGUST 20, 2013 PAGE 14 OF 21 Councilmember Wilson asked a question about number fifteen (his microphone was off) . Assistant to the City Manager Matt Busby stated he believed Public Works Manager Shane Kiesow had already brought this forward Vice Mayor Barker agreed Assistant to the City Manager Matt Busby stated he might be thinking of number eleven. It is a little more tied to the revenue discussion, the transportation strategic ordinance. Vice Mayor Barker stated it is the 10 year plan Assistant to the City Manager Matt Busby stated he did not know if it was more along what he was thinking or not . The annual street maintenance plan has already been approved by the council . City Attorney Joel Stern stated he is not trying to disagree with him but there was an item involving a certain contractor and planned street maintenance and construction projects for fiscal year 2013-2014 where it was mentioned in the line . There was a discussion about the annual maintenance plan even though it was not the main agenda item The main agenda item was to select a certain contractor who would supply the maintenance items . Vice Mayor Barker commented this is where we saw all the colored lines, et cetera, that said this would be done first and this needed to be done but probably could not . City Attorney Joel Stern stated that is correct Technically that item was not this item. He believes that item was to select Sunland Asphalt . They could do another one and talk more in depth. He believes it has not technically been brought to them as an item. REGULAR MEETING OF THE CITY COUNCIL AUGUST 20 , 2013 PAGE 15 OF 21 City Manager George Hoffman stated practically it was and technically it was not . Realistically, if they are going to have a discussion item on the big picture on streets, they will get all that data and they will want to look at it again. They need to be informed on what has been done so far, what the current condition of the roadway system is, what they are doing about it this year and what gaps exist for the future. Whether they break it out or hear it .o. again separately, to have a holistic, comprehensive discussion of roads they will need to consider all those things . Vice Mayor Barker agreed and requested they all be put in there . Councilmember Serdy commented he is very interested in numbers 38 through 41 He would like to see them blend some of this together and bring in more There is also the Arizona Commerce Authority, the Arizona Office of Tourism, and Greater Phoenix Economic Council and they have the land down south the city wants to highlight and showcase . He suggested upping the involvement with our public information and visitor center Right now they are separate . This could even involve parks and recreation When looking at other cities, parks and recreation is the face of the city. They are the welcoming center whenever there is an event He is not sure how to word this but he would like to have more highlighting of the city for business/commerce events instead of having all these together. In the future the city can merge the economic development to make it stronger. Instead of having one person do this, have them all cross-trained and work on this . If something starts to break loose with Portal's, he thinks it .. would be important that we have all these resources He does not think they are using all the resources now that are at our disposal . If other people are already doing it , whether it be the Commerce Authority or Office of Tourism or Greater Phoenix Economic Council , have someone on this . We have not used all the assets in the past City Manager George Hoffman asked if that would be reflected on a work plan as a discussion about how we expand and have a coordinated outreach effort . They could still work on the language but he wanted to make sure he had the right idea . REGULAR MEETING OF THE CITY COUNCIL AUGUST 20, 2013 PAGE 16 OF 21 Councilmember Serdy commented right now when certain things happen he is not sure if it goes to Janine, Matt or someone else . He wants to have a better understanding on how they are going to attract things to happen down there on the Portalis land, instead of just sitting back and waiting. If they do this effort, other people and other communities are going to see that and see that the city is laying the groundwork here to get things to happen out there . We have not done that in the past They have hoped that someone comes and builds something. He would like to see more of an effort to showcase the land down there and showcase our downtown They still will be separate entities with economic development and public information but have them together more. He suggested they bring in parks and recreation, too When they have an event , parks and recreation is the one who runs it They are actually already a part of it even though we have not realized it in the past He would like more discussion on if there is anything more they can do on that and how they can tie it together to use all of the state' s assets and the chamber' s assets . City Manager George Hoffman asked if there was enough information there for something to be drafted. Assistant to the City Manager Matt Busby stated there was . Mayor Insalaco closed the item with no further comments This was a discussion item only a and he moved on to the next item. CITY COUNCIL AND STAFF STRATEGIC PLANNING SESSION City Manager George Hoffman briefed the council on the item Mayor Insalaco commented he does not like long meetings any better than anyone else, but when it came to that 3 : 00 p.m time frame there were still a lot of people who had things to say and wanted to get done last time It never got done . The time limit was more important . REGULAR MEETING OF THE CITY COUNCIL AUGUST 20 , 2013 PAGE 17 OF 21 City Manager George Hoffman stated council made it clear at the start that they wanted to be done by a certain time . The facilitator worked to that . He or she will seek to be responsive to whatever time frame they are interested in. He thinks what happened is exactly what he said It was a good, dynamic, vibrant discussion and it felt like it got artificially cut short . Mayor Insalaco commented they did not get the chance to finish what they were talking about . He asked what would happen if they cannot get their point across City Clerk Kathleen Connelly stated the city manager is correct . It was a request of council that it end by a particular time because of NASCAR. City Manager George Hoffman stated now we are really getting honest about what happened. He left that out . He thinks it is far better to have had a working session in where we say we would have liked to have spent more time then next time keep it to two hours Councilmember Waldron commented he would personally like to just do it They could even get Lance back to facilitate it . He did a great job. Councilmember Rizzi commented she thinks it is a very valuable tool She would not hold anybody to a time limit . p Mayor Insalaco commented they do not want to go to midnight . It seemed like they had just had something to eat and they had a couple of hours and then they have something else to eat and before they know it , it is 3 . 00 p.m. and they are done . He is not complaining, he is just trying to make it better next year. City Manager George Hoffman asked them to give it some thought . If it is alright , he will bring it back in a couple of weeks for council direction to staff . They can look at their calendars for spring of 2014 and they can give direction to do it and if they want a facilitator, REGULAR MEETING OF THE CITY COUNCIL AUGUST 20 , 2013 PAGE 18 OF 21 A. such as having it in April or something He asked the city clerk if she was aware of any issues for that time of year next year. City Clerk Kathleen Connelly stated she was not aware of any other than some people go away for Easter City Manager George Hoffman stated they should look at the calendars for something like that City Clerk Kathleen Connelly stated if it is going to run late they need to pick a venue that allows us to stay there . Mayor Insalaco closed the discussion with no further comments This was a discussion item only and he moved on to the next item RIDE CHOICE AGREEMENT FOR FISCAL YEAR 2013-2014 ) City Clerk Kathleen Connelly briefed the council on the item. Vice Mayor Barker commented it is at the same level City Clerk Kathleen Connelly stated it is at the same level as it has been for at least the Auk last two years and maybe even three. Mayor Insalaco closed the discussion with no further comments . This was a discussion item only and he moved on to the next item. DIRECTION TO STAFF None . SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL AUGUST 20, 2013 PAGE 19 OF 21 Vice Mayor Barker commented the work session for September 2 , 2013 has been cancelled due to the observance of Labor Day. She MOVED THAT AN EXECUTIVE SESSION AT 5 45 P.M. AND A WORK SESSION AT 7 . 00 P.M BE HELD ON TUESDAY, SEPTEMBER 3 , 2013 , IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilmember Waldron SECONDED THE MOTION. 0000. (During the vote Councilmember Wilson advised he will be out of town that weekend and may call in. ) VOTE . Unanimous . The motion carried CALL TO THE PUBLIC: None. ADJOURNMENT _) ) Mayor Insalaco adjourned the meeting at 7 . 50 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 Approval of Minutes of Special Meeting of August 5, 2013 . 3 . Approval of Minutes of Regular Meeting of August 6, 2013 . ACCEPTED THIS 3RD DAY OF SEPTEMBER, 2013 , BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 3RD DAY OF SEPTEMBER, 2013 JOHN S INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL AUGUST 20, 2013 PAGE 20 OF 21 Amok An. ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES ik CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 20th day of August , 2013 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 27th day of August, 2013 . KATHLEEN CONNELLY City Clerk A . REGULAR MEETING OF THE CITY COUNCIL AUGUST 20, 2013 PAGE 21 OF 21 f City of Apache Junction, Arizona 300 E Superstition Boulevard •' Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No 3 File ID 13-243 Sponsor. Kathy Connelly Agenda Date: 9/3/2013 Index. In Control- City Council Meeting ... Professional services agreement with East Valley Adult Resources, Inc for mileage reimbursement incentive program ("Ride Choice") Consideration and action. Attachments 2013 ride choice ws and ca, 2013 ride choice agreement do Ilk City of Apache Junction,Arizona Page 1 Printed on 8/26/2013 AUGUST 8, 2013 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK SUBJECT AGENDA ITEM FOR AUGUST 19, 2013 WORK SESSION AND SEPTEMBER 3, 2013 REGULAR MEETING — RIDE CHOICE AGREEMENT Since 2003, the city has provided transportation funding through East Valley Adult Resources for elderly city residents 60 years of age and older and disabled adult city residents (18 years of age and older) The program, initially known as Enabling Transportation, started operation in January 2004 with a funding level of $11,500. For fiscal years 2004, 2005 and 2006, funding was in the amount of$30,000, $33,960 in FY 2007 and $33,040 for FY 2008. Even though other service providers experienced a 20% reduction in FY 08-09, this program escaped that cutback by one meeting For FY 09-10, FY 10-11, FY 11-12 and FY 12-13, the program did receive the 20% reduction and was funded in the amount of$26,432.00 The recommendation for FY 13-14 is to continue to provide funding in the amount of$26,432. The funding will provide mileage reimbursement for 30,000 miles at 440 per mile up to a maximum of 200 miles per month per person The additional amount will cover staff support to monitor the program, marketing and brochures and normal office costs This agreement will be placed on your consent agenda for the September 3 meeting. Please contact me if you have any questions Attachments: Ride Choice Program proposal Ride Choice Agreement for FY 2012-2013 PROFESSIONAL SERVICES AGREEMENT WITH EAST VALLEY ADULT RESOURCES, INC. FOR MILEAGE REIMBURSEMENT INCENTIVE PROGRAM ("RIDE CHOICE") THIS AGREEMENT is made and entered into this day of 2013, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and EAST VALLEY ADULT RESOURCES, INC., a 501(c)(3) non-profit corporation ("Contractor") for the project entitled "Mileage Reimbursement Incentive Program" (also known as "Ride Choice"). WHEREAS, in previous Town Hall meetings with citizens, transportation was identified as an important issue within the City of Apache Junction; and WHEREAS, the City has historically assisted the elderly and disabled in their transportation needs as a public service; and WHEREAS, Arizona Revised Statutes Annotated ("A.R.S.") § 9-500.11(A) allows the City to appropriate and spend public monies for and in connection with economic development activities; and WHEREAS, A.R.S. § 9-500.11(c) defines "economic development activities" to include any project assistance, undertaking, program or study that the City Council finds and determines to improve and enhance the economic welfare of the inhabitants of the City; and WHEREAS, the City finds that assisting the elderly and disabled in their transportation needs is an important and valuable service which enhances the economic welfare of inhabitants in the City; and WHEREAS, an objective of the 1999 General Plan Circulation Element is to provide alternative transportation opportunities by providing low cost transportation for the elderly; and WHEREAS, Contractor's Ride Choice program is a mileage reimbursement program that was initiated in the City of Mesa in 1999; and WHEREAS, in 2003, the Apache Junction Mayor and City Council approved Eleven Thousand Five Hundred Dollars ($11,500.00) for the planning and initial implementation of the Enabling Transportation ("ET") Program for Fiscal Year 2003-2004; and WHEREAS, service began in January 2004 in the City of Apache Junction for the elderly; and 1 WHEREAS, in August 2004, September 2005, and September 2006 the Apache Junction Mayor and City Council approved $30,000 for the continuation of the ET Program, now renamed as the "Ride Choice" Program. In 2007, the Mayor and City Council budgeted $33,960; in 2008 budgeted $33,040; and in 2009, 2010, 2011 and 2012 budgeted $26,432 respectively for the Ride Choice Program. NOW, THEREFORE, City agrees to retain and does hereby retain Contractor and Contractor agrees to provide the services required according to the terms and conditions and for the consideration set forth below: 1. CONTRACTOR'S DUTIES. Contractor agrees to perform the following professional services in connection with the Project: A. In General: Contractor will facilitate the Ride Choice to encourage drivers to provide transportation for persons who have difficulty utilizing existing transportation systems The utilization of this reimbursement incentive is for the senior (sixty (60) years old and over) and disabled adults (18 years of age and older), all of whom shall be residents•of the City of Apache Junction. Trip purposes are restricted to the following primary destinations except for political activities excluding voting: Apache Junction Active Adult Center and Multigenerational Centers; medical appointments; grocery shopping; personal errands; banking; and volunteer work. The incentive will provide reimbursement to enrollees (drivers) at a rate of forty- four cents ($0.44) per mile. Participants' reimbursement shall be limited to a monthly maximum of two hundred (200) miles. B. Certification/Marketing: Contractor will be responsible for participant certification and reimbursement distribution. Contractor staff will meet with social service providers who work with disabled adults and provide presentations to groups representing the disabled community to explain the service and how it is accessed. Information materials in the appropriate format will be developed in order to promote the service to disabled individuals. Marketing efforts shall include the development of promotional items, displays and marketing campaigns to current clients and potential clients to promote program usage. 2 C. Staff Support: Staff support shall include but not be limited to: participant certification, travel verification, reimbursement request authorization, coupon dispersal and payment distribution. Contractor will be responsible for all accounting and related record keeping. 2. COMPENSATION: The Contractor shall be reimbursed for its reasonable costs in performing the services in an amount not exceed Twenty-Six Thousand Four Hundred Thirty-Two Dollars ($26,432) for the period of July 1, 2013 through June 30, 2014 as broken down more specifically in Section 4 below. To receive payment, Contractor shall present to the City accurate and properly itemized invoices. Such invoices shall be presented quarterly. All payments made to the Contractor under this Agreement are conditioned upon the City receiving the funds projected to be available for expenditure hereunder. The City shall not be liable for any purchases or contracts entered into by the Contractor in anticipation of receiving payments under this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2013 through June 30, 2014, and shall be subject to annual renewals as negotiated by the parties. 4. CONTRACTOR'S BILLING: Contractor shall bill City with quarterly invoices within the budgeted amounts set forth below. City shall pay such billings within thirty (30) calendar days upon being presented acceptable invoices. Budget Request FY 2013-2014 Item Maximum Reimbursement Amount 1) Reimbursement $13,200.00 2) Staff support $12,480.00 3) Printing, postage, telephone. $ 600.00 Average $25.00 per month 4) Marketing and Brochures, etc. $ 152.00 Total $26,432.00 5. CONTRACTOR'S STANDARD OF PERFORMANCE: While performing the services, Contractor shall exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exerching its professional skill and expertise. 3 Consultant shall be responsible for all errors and omissions Contractor commits in the performance of this Agreement. 6. NOTICES: AU notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: City Clerk City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 If to Contractor. Daniel H. Taylor Executive Director 45 W. University Drive Suite A Mesa, AZ 85201-5831 7. TERMINATION: This Agreement may be terminated by either party upon fifteen (15) calendar days written notice. If this Agreement is terminated, Contractor shall be paid for all uncontested services performed to the date of receipt of such termination notice. 8. SUBCONTRACTORS: The duties under this agreement cannot be subcontracted in any form. 9. RECORDS AND EXPENSES: Records of Contractor'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. Contractor 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. Contractor shall maintain financial records which enable the City to determine whether funds provided under this Agreement are being expended according to the budget supporting City funds as set forth in Section 4 of this Agreement. The City may also request Contractor to provide an accounting of expenses to be supplied to City within thirty (30) calendar days after the City makes such request. Should the City determine that Contractor has violated the budget limitations, the City may at its sole discretion terminate this Agreement pursuant to Section 7 above. 10. INSURANCE: The Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. 4 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. The Contractor'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. The Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor 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 Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or any replacements thereof. 5 Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, and shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor'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 the Contractor's Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/BJsiness 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 Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of Contractor's work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. -- Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor'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, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions o; this chapter, and I will comply 6 with such provisions before commencing the performance of the work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect and are maintained so during the term of this Agreement. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire or is cancelled during the life of the Agreement, a renewal certificate must be sent to City thirty (30) days prior to the expiration or cancellation date. All Certificates of Insurance must include this thirty (30) day notice provision in its cancellation clause. Failure to provide the thirty (30) day notice will constitute a material breach of contract. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City at the time of execution,of this Agreement and shall include the City , its Mayor, City Council, appointees and employees as an additional insured parties. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." 11. 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. 7 12. EXCUSABLE DELAYS: City and Contractor shall exert all efforts to perform their respective responsibilities under this Agreement. However, neither party shall hold the other party responsible for inability to render timely performance if such inability is a direct result of a force beyond its control, including but not limited to the following: strikes, lockouts, embargoes, failure of carriers, inability to obtain transportation facilities, acts of God or the public enemy, or other events beyond the control of the other or the other's employees and agents. 13. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless the City, its Mayor, City Council, agents, officers, officials and employees from and against all tortious claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor's subconsultants in the performance of this Agreement. Contractor's duty to defend, hold harmless and indemnify City, its agents, officers, officials and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Consultant's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of the Contractor, any tier of Contractor's subconsultant or any other person for whose acts, errors, mistakes, omissions, work or services the Consultant may be legally liable. 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 and such indemnification shall service the expiration or other termination of this Agreement. 14. WAIVER OF TERMS AND CONDITIONS: The failure of City or Contractor 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. 15. INDEPENDENT CONTRACTOR* Contractor shall at all times during Contractor's performance of the services retain Contractor's status as independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Consultant. 8 16. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county and right to jury trial. In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 17. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information as well as all data prepared or assembled in any other form by Contractor under this Agreement, shall be and shall remain the property of City and shall be forwarded to City at any time City requires such papers and files. 18. LICENSE: Contractor represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code and keep such license current during the term of this Agreement. Any activity by subconsultants within the corporate city limits, will invoke the same business tax regulations on any subconsultants, and Contractor ensures its subconsultants will obtain any required business tax license. 19. NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Contractor. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part. Contractor shall not assign any monies due or to become due to it hereunder without the prior written consent of City. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor 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. 9 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, City Code or City Charter), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 22. CONFLICTS OF INTEREST: The provisions of A R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 23. POLITICAL ACTIVITIES: As a community service-based organization, Consultant is a non-political organization. Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election No board member, officer or employee of Consultant shall solicit any contribution in cash or services from any Consultant employee to support any candidate for public office. No board member or officer shall use the name of Consultant, or use their affiliation with Consultant, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Consultant in any way, while engaging in said activity The functions and activities of Consultant are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Consultant function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. • 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. CONSULTANT: By: DANIEL TAYLOR Title: Executive Director CITY OF APACHE JUNCTION, an Arizona municipal corporation By: JOHN S. INSALACO Title: Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: C:nk $t3-13 RICHARD J. STERN City Attorney 11 ROLL CALL VOTE NOTES V Et),,N ITEM # MEETII, OF MOTION BY. SECONDED BY. YES NO ABSTAINED COUNCILMEMBER EVANS VICE MAYOR BARKER COUNCILMEMBER RIZZI JJ COUNCILMEMBER WALDRON COUNCILMEMBER SERDY J COUNCILMEMBER WILSON J MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEM NOS. 1-3 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT APPROVAL BE GIVEN TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN EAST VALLEY ADULT RESOURCES, INC AND THE CITY OF APACHE JUNCTION FOR THE MILEAGE REIMBURSEMENT INCENTIVE PROGRAM ("RIDE CHOICE") FOR FISCAL YEAR 2013-2014 IN AN AMOUNT NOT TO EXCEED $26,432, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 9 r Agenda Item No.4. " �"� File ID: 13-245 Sponsor: George Hoffman Agenda Date. 9/3/2013 Index- In Control: City Council Meeting ION City manager's report Presentation and discussion Attachments• City of Apache Junction,Arizona Page 1 Printed on 8/26/2013 PUBLIC HEARING 1. For APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR CHOIR BOYS LAW ENFORCEMENT MOTORCYCLE CLUB FOR OCTOBER 5,2013 TO BE HELD AT 2910 WEST APACHE TRAIL 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. City of Apache Junction, Arizona 300 E Superstition Boulevard i �! Agenda Item Cover Sheet Apache Junction AZ 85119 *. J. Agenda Item No 5 File ID 13-244 Sponsor Kathy Connelly Agenda Date:9/3/2013 Index. In Control. City Council Meeting Application for a special event liquor license for Choir Boys Law Enforcement Motorcycle Club for October 5, 2013 to be held at 2910 W Apache Trail This is a fundraiser for police officers killed or injured on duty The next step in the procedure is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor License and Control Consideration and action. Attachments.2013 choir boys special event cc,2013 choir boys special event application,2013 choir boys specia City of Apache Junction,Arizona Page 1 Printed on 8/26/2013 AUGUST 21, 2013 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR SEPTEMBER 3, 2013 APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR CHOIR BOYS LAW ENFORCEMENT MOTORCYCLE CLUB An application for a special event liquor license has been submitted by Mr. Gary D'Agostino of Choir Boys Law Enforcement Motorcycle Club for October 5, 2013 to raise funds for police officers killed or injured "on duty", to be held at Superstition Harley- Davidson, 2910 W. Apache Trail, Apache Junction Correspondence has been received from the planning division and fire district, a copy of which is attached. The recommendation from the police department will be forwarded to the council upon its receipt. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix, Arizona 85007-2934 (602) 542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee =$25.00 per day for 1-10 day events only A service fee of$25.00 will be charged for all dishonored checks (A.R.S.§44-6852) NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR PROCESSING "Application must be approved by local government before submission to DLLC USE ONLY Department of Liquor Licenses and Control. (Section#20) LICENSE # 1. Name of Organization- try $ a 02CDisikit85N1-7 M — C.LR 2 Non-Profit/I.R S Tax Exempt Number' q - 9367I0(0 3. The organization is a. (check one box only) ❑Chantable ® Fraternal (must have regular membership and in existence for over 5 years) ❑Civic 0 Religious ❑ Political Party, Ballot Measure, or Campaign Committee 4. What is the purpose of this event?®on-site consumption Doff-site consumption (auction) ❑ both 1tic iu2�� {=wM!t lart_�s=- •ac1CBF O �t�8r2J _C►tsPsO 2 � ec;ti _ 5. Location of the event: Z 9 t o _..Es-t- ipAC 4 r—i. AEAc j - .i LL1 tZ4oc'* BT(ZQ Address of physical location(Not P.O.Box) City County Zip Applicant must be a member of the qualifying organization and authorized by an Officer,Director or Chairperson of the Organization named in Question#1. (Signature required In section#18) 6. Applicant: Q Agog...,m �y r.wy M is 28 iei6 Last First Middle Date of Birth 7 Applicant's Mailing Address. {sun- Shkra egad> Auw fotZ 25-231.4 Street City State Zip 8. Phone Numbers. (460)54d,0 cac) (1480) ZQ{i 3-74 I ( ) Site Owner# Applicant's Business# Applicant's Home# 9. Date(s)& Hours of Event. (see A.R.S 4-244(15)and(17)for legal hours of service) Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1• 10 es 5 "1-0 t 3 •-t l(op—L c.t,o t etc)I4R3 4 PM Day 2- Day 3- Day 4. Day 5. Day 6: Day 7 Day 8. Day 9. Day 10: *Disabled individuals requiring special accommodations,please call(602)542-9027 September 2011 10. Has the applicant been convicted of a felony in the past five years,or had a liquor license revoked? YES ®NO (attach explanation if yes) 11. This organization has been issued a special event license for fe days this year,including this event (not to exceed 10 days per year). 12 Is the organization using the services of a promoter or other person to manage the event?D YES ®NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds Account for 100%of the proceeds THE ORGANIZATION APPLYING MUST RECEIVE 25%OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. 0 Name CNaLo TSCLis L. &kc. IGG'b Percentage Address Name Percentage Address (Attach additional sheet ff necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15 What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of secunty/police personnel and type of fencing or control barriers if applicable) #Police ®Fencing (#Secunty personnel ®Barriers 16 Is there an existing liquor license at the location where the special event is being held? []YES ®NO If yes, does the existing business agree to suspend their liquor license during the time period,and in the area in which the special event license will be in use? D YES r4 NO (ATTACH COPY OF AGREEMENT) Name of Business ) Phone Number 17, Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license The following page is to be used to prepare a diagram of your special event licensed premises Please show dimensions, serving areas, fencing, barricades or other control measures and security positions SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE• Show nearest cross streets, highway, or road if location doesn't have an address N1¼ s Art-,„c b p(,+erc7 L rr-aZtaas(( tt. ?) THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER, DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION#1 18. 41:41 i _m(- lib'• ..:.. . — declare that I am an Officer/Director/Chairperson appointing the appf : ri • • -• on behalf of the foregoing organization for a Special Event Liquor License li /� X �i►.� ;�.I `+ S. 121eo tom.. 'a 4cv71y2, ( ) �� (Titie/Position) (Date) (Phone#) Mt —a �` tate of 2ctD County of Vs l.pa t,r .;« :. •N ON BODN R The foregoing in trument was ack owledged before me thi ¼(P * NOTARY PUBLIC ARIZONA I ,J ^ MARICOPA COUNTY 1:` My Commission Expir•.jajilli !A.0. 1•,20i4 41 ,Dat: (Signature of NOTA PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION#S 19. 1, ( • tc._ c) AS et1•.)c3 declare that I am the APPLICANT filing this application as t II name) listed Aik• • •. I hay: ead the application and the contents and all statements are true,correct and complete 011111k rit t t2c,, County of W4Akrh ttLi ;;. SHANNO �3 o g instrument was acknowledged before me_ t�i+s 41, X �� � 1:� .�.. BLC AIn 2 % i 79 jr-g,W,,r' MARICOPA COUNTY g �0 / J '_ My Comm' ion -• - .!� u Month Year "�N I I idea 9 2014 t( My commissi. e �ires o �'y's'�!/l�'// � �� 0•� (Date) (Signature of NOTARY PUBLIC) You must obtain local government approval. City or ounty MUST recommend event and complete item #20. The local governing body may require additional applications to be completed and submitted 60 days in advance of the event. Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20 I, hereby recommend this special event application (Government Official) (Title) on behalf of (City,Town or County) (Signature of OFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section (Employee) (Date) 0 APPROVED ❑ DISAPPROVED BY. (Title) (Date) i ' ,..aJe- E ' S dkp Zi g•44••• - x T`iri�` Gyl'rs o _ � • ` _�> r +'637, tip» I �` .. ..ar r s r * 1 x . ,^�.... R S. _ �� } •� 1 M r �7 -v `+'S � ST+'n[ram. �� :j yl�" �M - �.�i 17 ' •� ` . •�} ,yam r , :., a dr'r 'rz .i ..-t.r . 1 Y .-�F.I �i+�j� f� � .1 f ; -1 ;i�i. .'21.410 -4C"1 � 5 . & . w . PIItl Cr � n 1 I Ir tir y Ate - w t .�^ . .,{ og �1v0,1ti iw}.. ._ ril 1 p'- ... Tr1' , T `* ,. ,tr.� . . , 3 s OILEM -- — a � • ! :11 ,;." ..J� '�`i,_ i!'1ll}'! 4!.'A. , s1 '... ri. 'i i ii-x N} 7t ;' ,- £ '. _ Ire.G_ -L.r- At La, ni 0.. k ;� :��. �� �',, - ' r • .;n. �-- rn I. ! < t?fJL1 'F��C1CW :. , 41 FIDEF CHECK.:. IN ~ •<ENTRRNCE1EXI.' IFy Q FCICID.. ,1- LI'I --- t1_ ►— r� I BEE '•CARD I 1}--• r life'. A.. .a 4 rt L.41..._,1-- �, . . _ _... 'di _ _,,,,,. ,. . - • r r• ,�..y�- -:er Y 2 - 2) .-ate .v—}I'r :.;,:....; ., lti i *.. T. ' v. �y � .. 14• : .! 'A. ......notromqlstossiP4 —_ 23 .-.fir • t}!fib! Wk.* , � 6 t N T�21 . i d 4i...., ,i . r r , , f '' 21111. :� a't" —•1 y ` r �3} } t ,,a A.,,,__ ,_, 0%! i' , •.` * ' , . - ry f [ . Y , 4. _.„4,� to - + [ 'r• - ift 1 rail-- 4 . ---- _.- r,, _'acIi0 1 -a1I` Sri y(.344adt fanctian7 Home of the Superstition Mountains • August 14, 2013 Gary M D'Agostino Choir Boys Law Enforcement Motorcycle Club 3329 E Stanford Avenue Gilbert, AZ 85234 Dear Mr D'Agostino Please be advised that your application for a Special Event Liquor License for Choir Boys Law Enforcement Motorcycle Club for a fundraiser for families of police officers killed or injured on duty to be held October 5, 2013, at Superstition Harley-Davidson, 2910 W Apache Trail, has been scheduled for a public hearing. The Apache Junction City Council will hold a public hearing on September 3, 2013, at 7:00 p m in the City Council Chambers, 300 E Superstition Blvd , Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control Your attendance is requested should council have any questions on this application. If you have any questions concerning this matter, please contact my office at (480) 982-8002. Sincerely, 7 Kathleen Connelly City Clerk •Voice(480)982-8002 • FAX(480)982-7018•TDD(480)983-0095 •www ajcity net 300 E Superstition Boulevard, Apache Junction,AZ 85119 AUGUST 14, 2013 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR CHOIR BOYS LAW ENFORCEMENT MOTORCYCLE CLUB Mr Gary M D'Agostino has submitted an application for a special event liquor license to raise funds for families of police officers killed or injured "on duty" to be held on October 5, 2013, at Superstition Harley-Davidson, 2910 W. Apache Trail, Apache Junction Please conduct the necessary inspections and submit your recommendation be email by Tuesday, August 20, in order for this item to be placed on the agenda for the City Council meeting of September 3, 2013 Janet Mason From: Rudy Esquivias Sent: Monday,August 19, 2013 11.38 AM To: Janet Mason, Jeff Robinson, Pat Brenner Cc: Brad Steinke, Kathy Connelly Subject: RE' speical event liquor license for Choir Boys Law Enforcement Motorcycle Club Jan The Planning Division has no conflicts with this request The events at Harley Davidson have been numerous and pretty .-. well managed,to the best of our knowledge Our usual comments for the applicants are as follows' - keep all event day directional and/or advertisement signage within the property lines and not in the right-of- way, - provide sufficient security personnel for the amount of people expected,especially in the area where liquor will be served and consumed (temporary fencing?); - with regard to music or bands, be sensitive to the residential areas to the north—might not want to go too late into the evening; - make sure you coordinate with our Police Department with regard to traffic circulation in and out of the site, - if an off-site dirt parking lot is being used, have a water truck wet it down before the event Please call with any questions or concerns Thanks ttlria s Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from '7:OOam to 6 OOpm, closed Fridays and Holidays ) From: Janet Mason Sent: Wednesday, August 14, 2013 4:34 PM To: Jeff Robinson; Rudy Esquivias Subject: speical event liquor license for Choir Boys Law Enforcement Motorcycle Club Please have your department recommendation to me no later than Tuesday,August 20 Thanks 1 r. trict ti�C`teD�f+r iogc��d�� Q`.4‘s Wifea Apache Junction Fire District �y ` i tomizsSin Z ,���F, � 565 North Idaho Road, Apache Junction, AZ 85219 '�f c�st�` Phone (480) 982-4440, Fax (480) 982-0183 geiti <<,,0° MEMORANDUM TO Jan Mason,Deputy City Clerk City of Apache Junction FROM John Suniga,Deputy Fire Marshal _\C.�-:) DATE August 15,2013 SUBJECT Application for Extension of Premises—2910 W.Apache Trail, October 5,2013 The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 2910 W Apache Trail, (Superstition Harley Davidson) We have recently completed an annual fire and hfe safety inspection with no major violations found We therefore would recommend approval of this application OIN Thank you for your notification on this matter If you have any further questions regarding this inspection, please feel free to contact my office at 982-4440 Thank You JOS ATTN: Application Janet Mason From: Clyde Allison Sent: Thursday, August 22, 2013 8.00 AM To: Janet Mason Subject: FW: speical event liquor license for Choir Boys Law Enforcement Motorcycle Club Janet Mason, I concur with this request and see no reason to deny the request for an liquor license at this time Sgt C.Allison#50 Traffic Supervisor/Impound Vehicle Coordinator/Tow Sergeant Apache Junction Police Department 300 E. Superstition Blvd Apache Junction, AZ 85119 callison@aiaty net 480/474-8616 This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body a. •x k 4i , From:Jeff Robinson Sent: Wednesday,August 21, 2013 4:09 PM To: Clyde Allison Subject: Re: speical event liquor license for Choir Boys Law Enforcement Motorcycle Club That's fine of you are good with the traffic and secunty let Janet know we are ok to sign off on it. Thanks Clyde Jeff Robinson Patrol and SWAT Operations Lieutenant Apache Junction Police Department On Aug 21, 2013,at 4:05 PM, "Clyde Allison" <callison@ajcity net> wrote: Yes, I spoke to one of the members and they are all cops. Sounds like they are going to use their guys He said they want to donate to a charity and knows what off duty cops cost But I'll re-affirm From:Jeff Robinson Sent: Wednesday,August 21, 2013 3:57 PM To: Clyde Allison Subject: Fwd: speical event liquor license for Choir Boys Law Enforcement Motorcycle Club 1 Clyde can you go by and check on this I was hoping I could get something concerning security. Thanks Jeff Jeff Robinson Patrol and SWAT Operations Lieutenant Apache Junction Police Department Begin forwarded message. From: "Janet Mason" <jmasona,ajcity net> To: "Jeff Robinson" <irobinson@ajcity.net> Subject: FW: speical event liquor license for Choir Boys Law Enforcement Motorcycle Club Jeff; I still haven't received your department recommendation. Could someone please get it here ASAP as this has to be agendized today. From Janet Mason Sent: Wednesday, August 14, 2013 4.34 PM To. Jeff Robinson, Rudy Esquivias Subject speical event liquor license for Choir Boys Law Enforcement Motorcycle Club Please have your department recommendation to me no later than Tuesday, August 20. Thanks. 2 Janet Mason From Gary D'Agostino [1 Lawman@cox net] Sent: Tuesday, September 03, 2013 3 25 PM To Janet Mason Subject: City Council Meeting J ul, Please remove my application for a liquor license from the City Councils meeting tonight. Thank you, Gary D'Agoshno i Janet Mason From Denise Moulson Sent: Tuesday, September 03, 2013 4 18 PM To: Janet Mason Subject: FW speical event liquor license for Choir Boys Law Enforcement Motorcycle Club From: Lynne Danielson [mailto•Ianielson@superstitionhd.com] Sent: Tuesday, September 03, 2013 3:55 PM To: Kathy Connelly; Pat Brenner Cc: Bryant Powell; Constance Halonen, Brad Steinke; Clyde Allison; Denise Moulson, Jay Reynolds; Jeff Bell; Jeff Robinson; Joel Stern, Paul Arora; Rudy Esquivias; Tina Gerola, Troy Mullender; Beverly LeResche; Mark LeResche Subject: RE: speical event liquor license for Choir Boys Law Enforcement Motorcycle Club Hi All - It is my understanding that Officer Gary D'Agostino has requested that the Application for a Special Event Liquor license be withdrawn This to notify you that the event will happen on October 5th, 2013 without liquor We're excited to host the event for the Choir Boys. Be Well & Ride Safe, Lynne Danielson Event Coordinator 480 346 0600 - czt :.....,0114V.474, ' : _Ai lyir, ,.... .I INK: .,, ,. „8,... '*Da_idfiis ' ,,,,,„c-A-1,14r,::,,...4/4 Mint D &owyi / _Mr l e ,M SUPERSTITION H RLEY- :' IDS H N ,x �I A�ilEY-I qM ': ? e.IrNitit. a ;e ,- [PHONE From: Lynne Danielson Sent: Wednesday, August 21, 2013 1:29 PM To: 'Kathy Connelly'; Pat Brenner Cc: 'bpowell©AJCity.Net', Constance Halonen; Brad Steinke; Clyde Allison, Denise Moulson; Jay Reynolds; Jeff Bell; Jeff 1 ROLL CALL VOTE 14)1i."(j NOTES: 9),,1\1\ q 510 ITEM # MEETING OF MOTION BY. SECONDED BY YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY VICE MAYOR BARKER COUNCILMEMBER WILSON COUNCILMEMBER RIZZI MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ries ITEM NO. 5 I MOVE THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR CHOIR BOYS LAW ENFORCEMENT MOTORCYCLE CLUB FOR OCTOBER 5, 2013, SUBMITTED BY GARY D'AGOSTINO, BE RECOMMENDED FOR(APPROVAL) OR (DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL MD. Adak �, .11.4iP City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. rats atF File ID: 13-208 Sponsor Matt Busby Agenda Date.9/3/2013 Index In Control. City Council Meeting Presentation and discussion of the Fiscal Year 2013-2014 legislative work plan Presentation and discussion City council reviewed and discussed the draft FY 2013-2014 Legislative Work Plan at the August 19, 2013 Work Session Staff will bring this item back for consideration during the September 17th consent agenda incorporating any changes recommended during tonight's discussion Attachments. City of Apache Junction,Arizona Page 1 Printed on 8/26/2013 City Council Legislative Work Plan Fiscal Year 2013-2014 DEVELOPMENT OF COMMUNITY 1. Comprehensive Zoning Code Update This major/comprehensive update to the City's 1985 vintage Zoning Code will be a major in-house project for the department The updated Zoning Code will include, among other things, unique land- use provisions for certain character districts, such as the proposed Rural Western Lifestyle District '0.k The project is nearing completion with the Planning and Zoning Commission This item was carried forward from the FY 12/13 legislative work plan Status After a year of discussion,the Planning and Zoning Commission has finalized their review of the preliminary draft of the new Zoning Code and will be scheduling public meetings in November Following a required public hearing,the Commission's recommendation will be forwarded to the Council for review and approval in December-January 2 Comprehensive Development Fee Update The State Legislature has changed the law for development fees The city will need to hire professional consultants to prepare the development fee study, infrastructure improvement plan and fee study in accordance with those changes.This item was carried forward from the FY 12/13 legislative work plan Status.TischlerBise was hired to complete the development fee update study and draft a new zoning ordinance based on recently changed state law We anticipate Council review of the new fees and ordinance beginning in September 3 Lost Dutchman Heights Concept Plan There is a possibility that the Arizona State Land Department (ASLD) may wish to proceed ahead with the City's Planning processes within the next year Staff will begin reformulation of the previous land plan draft for future Council review and possible approval as a concept plan prior to ASLD auction This item was carried forward from the FY 12/13 legislative work plan. A.., Status Planning staff will begin work on completing the concept plan in September. Following internal review of the draft by staff, we are planning to forward the concept plan to the state land commissioner and city council for review and approval in spring 2014. 4 Landfill Closure Ordinance Amendment City ordinance requires the owner of the landfill to work with the City on a closure plan Amendments to the ordinance are needed to clarify and define the City's interests regarding the landfill post-closure.This item was carried forward from the FY 12/13 legislative work plan Status. Staff continues to work with Republic-Allied Waste on a master plan for passive recreational use of the landfill upon closure Republic recently had a change of staff and is regrouping We anticipate that a closure plan will be worked out and presented to the Council in 2014 It appears, however,that closure of the landfill is at least 12 years out and is subject to future economic cycles and Republic's business planning _ 5 Odor Easement Ordinance In order to save significant dollars in a land purchase for an odor easement required by Arizona Department of Environmental Quality (ADEQ), the Superstition Mountain Community Facilities District (SMCFD) is proposing that the city adopt an ordinance regarding reducing the size of a required odor easement to satisfy ADEQ requirements This is assist in preparing for the eventual 411111, development of state trust land near and around the SMCFD property This item was carried forward from the FY 12/13 legislative work plan Status A draft ordinance has been created and is being reviewed by city staff. I anticipate this going to council in September-October. 6 Superstition Vistas The Superstition Vistas project area covers 275 square miles of undeveloped Arizona state trust land on the eastern edge of Phoenix City council is interested in actively tracking the progress of the long term project and providing input to stakeholders at the state, county, and others This is an annual work plan item COMMUNITY INFRASTRUCTURE 7. Storm Water Master Plan-NEW Consideration and possible direction to staff regarding an update of the 2000 Storm Water Master Plan Due to recent storm events Public Works staff would like to update an existing study that would assist in outlining an systematic approach on addressing drainage and flooding issues within the City 8 Park Improvements-NEW Consideration of planned park improvements to include ADA compliant walkway enhancements (sidewalks) and the conversion of tennis courts to multi-use courts to provide pickle ball opportunities 9 Procurement of Event Equipment-NEW Consideration of procurement of event equipment (e.g., mobile stage, vehicular and pedestrian barriers, tents and related items) to better equip community events and activities sponsored by the city 10 School District Intergovernmental Agreement(IGA) The school district has indicated interest in modifying the existing IGA relating to facility use and maintenance. This project would involve significant staff work by the district and city The city council and school board would ultimately approve modifications to the IGA This item was carried forward from the FY 12/13 legislative work plan Status City Manager's Office and School Superintendent are in negotiations 2 11 Street and Transportation Strategic Plan Develop a strategic five to ten year plan for the city's transportation network This item was carried forward from the FY 12/13 legislative work plan. Status: Public Works staff meets on a monthly basis to discuss current and future roadway projects. Staff has met with city departments and other agencies on funding mechanisms and collaboration for joint projects Staff anticipates bringing forward to council for discussion in the spring of 2014. 12 Engineering Standards and Public Works Permit Fees Consideration of updates to the existing engineering guidelines and public works fees. This item was carried forward from the FY 12/13 legislative work plan. Status Public Works staff has completed initial research on fees Staff has also worked with Development Services staff in updated engineering standards Staff anticipates bringing forward to council for discussion in the spring of 2014 13 Alternative Street Funding Collections to the Highway Users Revenue Fund continue to decline and maintenance needs for city streets continue to increase. Council and staff will seek out new ways to preserve vital city infrastructure Findings will be incorporated into the "Street and Transportation Strategic Plan" described in item 11 above. This item was carried forward from the FY 12/13 legislative work plan Status Council has requested this item be discussed in October 2013. 14 Dog Park A location and plan for a dog park has already been accepted by city council but no funding source has been identified Direct staff to research and identify alternative funding sources to build this park This item was carried forward from the FY 12/13 legislative work plan Status Lack of funding has prevented this priority project from happening 15 Annual Street Maintenance Plan Consider the planned street maintenance and construction projects for the FY 13/14. This is an annual work plan item 16 Preventive Maintenance Street Projects Consider an award of contract for slurry seal projects as per FY 13/14 Annual Street Maintenance Plan This is an annual work plan item 17 Procurement of Fleet/HURF Vehicles Consider an award for the procurement of city fleet vehicles and equipment This is an annual work plan item 3 18. Annual Building Maintenance Projects Consideration of contracts for various budgeted building maintenance projects This is an annual work plan item. PUBLIC SAFETY 19 Pawn Shop Ordinance Change Staff is recommending an ordinance change to require pawn shops to utilize an online process to require that all transactions be available by computer to assist the Police Department in their investigations This item was carried forward from the FY 12/13 legislative work plan. Status:The City Attorney is working with staff on a new draft and will present to council when all interested parties have had a chance to review and comment 20 Emergency Operations Planning and Practice Review, practice, and improve the City's planning and preparedness for community emergencies This is an annual work plan item This is an annual work plan item THE CITY.INTERNAL ISSUES 21 Recording Planning and Zoning Commission-NLW Some members of the city council expressed interest in discussing video recording the Planning and Zoning Commission meetings Staff will bring forward the item on a future council meeting for discussion. 22. City Code Changes—Elections-NEW Amendments to Apache Junction City Code as may be required to bring city code into compliance with mandatory consolidated elections .•. 23. City Code Changes—Tax Simplification-NEW Amendments to the Apache Junction City Code as ma be required to bring city code into compliance with state tax simplification legislation 24. Tax Code Changes—Tax Simplification-NEW Amendments to Apache Junction Tax Code as may be required to bring tax code into compliance with state tax simplification legislation. 25 Update Planning and Zoning Administrative Fees-NEW Staff will be researching and recommending an update to the administrative fees for planning and zoning applications 26 Corporate Sponsorship Program-NEW Staff will seek direction from the Council regarding administration and implementation of the corporate sponsorship program 4 27 Cable License Agreement-NEW Consideration of a license agreement for cable services provided by Century Link 28. Salary, Benefits, and Pay Practices Study-NEW Consideration of an award of contract to a third party for services related classification and compensation study The city council approved funding in the FY 13/14 budget for this purpose ... 29 Personnel Rules Revision-NEW City staff will research and bring forward for council's consideration needed revisions to certain practices in the Personnel Rules (e g overtime calculation). 30. Local Preference Procurement-NEW Members of the city council expressed interest in researching and possible consideration of amending the city purchasing code to allow for awarding bids according to "local preference" instead of strictly lowest bid 31. Use Tax Research and possible consideration of amending the city tax code regarding a city use tax This item was carried forward from the FY 12/13 legislative work plan Status Staff is prepared to discuss upon council direction to bring forward to a public meeting 32 Investment Debt Management Policy The city's financial advisor has counseled that the city adopt an Investment and Debt Management Policy Doing such will assist city staff in the management of their fiduciary duties This item was carried forward from the FY 12/13 legislative work plan Status Instead of presenting only one policy, the Finance Director is finalizing a draft of a complete ... set of Financial Management policies to present to city council. 33. Non-sufficient Funds City Code Amendment To establish uniformity among departments regarding penalties associated with bounced checks of customers,staff is proposing that an amendment to the city code regarding this issue be reviewed and adopted by the city council.This item was carried forward from the FY 12/13 legislative work plan. Status This will be presented to city council on September 16th, 2013 during an Executive Session,as well as during that evening's Work Session 34 Best Value Procurement Members of the city council expressed interest in researching and possible consideration of amending the city purchasing code to allow for awarding bids according to"best value"or"local 5 41111111. preference" instead of strictly lowest bid. This item was carried forward from the FY 12/13 legislative work plan. Status•Staff will work to get legal review of this topic and in appropriate will bring forward for council discussion 35 Water District Incorporation_ Some members of the city council expressed interest in researching, discussing, and possible consideration of making the Water District a city owned utility. This item was carried forward from the FY 12/13 legislative work plan. Status: Staff anticipates bringing this item forward to the council for discussion in the 2nd quarter of FY 13/14 36 Sewer District Oversight Some members of the city council expressed interest in researching, discussing, and possible consideration of increasing oversight of the Superstition Mountain Community Facilities District This item was carried forward from the FY 12/13 legislative work plan Status. In FY 12/13 council members received tours and education regarding the sewer district 37. Purchasing Code Some members of the city council expressed interest in considering possible amendment to the purchasing code to raise the dollar limit on expenditures that require city council approval.This item was carried forward from the FY 12/13 legislative work plan Status. City staff will research this issue and get additional information to city council 38. Annual Budget Al. City council will consider the FY 13/14 annual budget. This is an annual work plan item 39 League Resolutions Each year the city council has the opportunity to submit or cosponsor resolutions to the League of Arizona Cities and Towns Resolutions Committee.This is an annual work plan item ECONOMIC DEVELOPMENT 40. Coordination of Economic Development Efforts-NEW The city has many economic development,tourism, and community outreach resources at its disposal Council expressed interest in exploring how we better leverage those resources to gain interest in visiting and growing the community,with particular interest showcasing the potential of growth in the Lost Dutchman Heights area They also expressed the desire to understand and possibly streamline or cross-train city staff's involvement in the different resource areas to provide for a greater ability to respond to any interested parties. 6 41 Bicycling-NEW More than$88 million in economic effects is generated each year from out-of-state bicycle enthusiasts A recent study by ADOT also found that approximately 39,000 in-state and 14,000 out- of-state participants are involved annually in as many as 250 bicycling events held throughout the state,solidifying Arizona's major role in bicycle tourism Research and discuss opportunities to further the economic benefit to Apache Junction by exploring the actions our community could take to promote, encourage, and make safer bicycling in and around Apache Junction .. 42 Downtown Events Research and discuss opportunities to facilitate bringing additional events into the downtown This item was carried forward from the FY 12/13 legislative work plan. Status. Considering options for acquisition of public space that could be utilized for downtown events 43 Downtown Policies Numerous policies need to be addressed by the city council according to the Downtown Redevelopment and Implementation Strategy adopted on September 21, 2010, including 1. Business Improvement District—Funding option to continue investments into downtown 2 Funding tourism—Dedicating a portion of the City's Transient Lodging Tax for tourism 3. Public Art—Process and funding 4 City Toolkit—Update to be reflective of what is actually available 5 Infill Incentive District—Update to be reflective of actual incentives Status:Staff is addressing these items as they arise. Public Art committee process,toolkit and infill incentives will be examined this year Assuming more focus is desired for tourism promotion, council may want to explore additional funding via a dedicated portion of transient lodging tax. 44. Apache Junction Visitor Center Contract Renewal/Update �► If not a renewal year when the council reviews and considers the continuation of the visitor center services, the chamber will provide the council with an update on the services provided at the visitor's center This is an annual work plan item. 45 Greater Phoenix Economic Council(GPEC)Contract Renewal Annually the city council reviews and considers the city's participation in the GPEC, consider the return on investment and hear of GPEC's plans for the coming year, prior to making a decision on contract renewal This is an annual work plan item 7 1114i Pik ... ITEM NO. 6 DISCUSSION ITEM ONLY-NO ACTION AT THIS TIME � �•�� City of Apache Junction, Arizona 3ooESuperstition ` Boulevard 3 l Apache Junction,d 85119 ,17:1 .k Agenda Item Cover Sheet Agenda Item No.7. t27.1-' File ID 13-233 Sponsor: George Hoffman Agenda Date.9/3/2013 Index• In Control:City Council Meeting Council direction to staff on meeting format, topics, and possible meeting dates and locations for the staff strategic planning session Direction to staff. City Council and city staff last had a strategic planning session on May 12, 2012 City council will give direction to staff on meeting format and topics for the fiscal year 2013-2014 session Attachments: DRAFT Legislative Work Plan FY 13-14(3) City of Apache Junction,Arizona Page 1 Printed on 8/26/2013 Illik Aank A ROLL CALL VOTE iI - ^NOTES IA 0 immanimminis limmearmondimar IMANIMENEW WTG `NIM - v v - 3 ib ITEM # 1 MEETING OF MOTION BY *-) SECONDED BY: 011 YES NO ABSTAINED COUNCILMEMBER SERDY J COUNCILMEMBER RIZZI V COUNCILMEMBER EVANS I COUNCILMEMBER WILSON V COUNCILMEMBER WALDRON J VICE MAYOR BARKER V MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 7 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING ON MEETING FORMAT, TOPICS, AND POSSIBLE MEETING DATES AND LOCATIONS FOR THE STAFF STRATEGIC PLANNING AND SESSION ROLL CALL VOTE NOTES: i / A1r Ni l\ G AA° C10 \ ITEM # MEETING OF 0,V.P-ki MOTION BY: SECONDED BY TES NO ABSTAINED VICE MAYOR BARKER 1, , COUNCILMEMBER WALDRON Vi COUNCILMEMBER WILSON Iii COUNCILMEMBER EVANS COUNCILMEMBER RIZZI ✓J COUNCILMEMBER SERDY t/ MAYOR INSALACO J UNANIMOtr4S IN FAVOR OPPOSED ABSTAINED TOTAL j ITEM NO. 8 I MOVE THAT AN EXECUTIVE SESSION AT 5 45 P.M., AND A WORK SESSION AT 7.00 P.M., BE HELD ON MONDAY, SEPTEMBER 16, 2013, IN THE CITY COUNCIL eN CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5.45 P M BE HELD ON TUESDAY, SEPTEMBER 17, 2013, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M ROLL CALL i WS: 'V y REG: J SPEC CITY COUNCIL: I A P / A P / A MAYOR INSALACO VICE MAYOR BARKER COUNCILMEMBER EVANS V COUNCILMEMBER RIZZI COUNCILMEMBER SERDY V COUNCILMEMBER WALDRON COUNCILMEMBER WILSON V TOTAL /� ry� `� CITY STAFF1- /\C' \ ) 1 City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly 1// City Attorney Joel Stern Deputy Chief Tom Kelly Public Works Director Giao Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts Development Svcs Director Brad Steinke Human Resources Director Liz Riley Assistant to the City Manager Matt Busby OTHERS: /iftli/lj; Date: '7/3//3 CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes❑ No Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. L.) ,"1 t+OL) ' Name (Print) 7,) )"Lrl e 0 J:k 4.4 ri-J,,c1,0 ift2_ .S I I Address City Zip Code 4:'0 -rS� 5) -)Y Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation Signature of Parent/Guardian Date 02/23/12