The URL can be used to link to this page

Home My WebLink About2013 11.04 City Council Work Session Agenda City of Apache Junction, Arizona Meeting location City Council Chambers i, at City Hall 4. 300E Superstition Blvd Agenda Apache Junction,AZ r Y 85119 i t_x-4 City Council Work Session www ajcity net Ph (480)982-8002 Monday, November 4,2013 7 00 PM City Council Chambers .411111, A CALL TO ORDER B. ROLL CALL C AGENDA ITEMS 1 Presentation and discussion on proposed projects and Resolution No 13-36, authorizing the submission of the city's Fiscal Year 2014 Community Development Block Grant and Fiscal Year 2014 State Special Project grant applications Presentation and discussion 2. Presentation and discussion on proposed Resolution No 13-35, reaffirming Resolution No 08-07 designating the Crossroads Redevelopment Area and Crossroads Redevelopment Plan for the sole purpose of qualification of funding under the Community Development Block Grant program Presentation and discussion 3 Presentation and discussion on proposed Resolution No 13-37, committing local funds as leverage for the Fiscal Year 2013 State Special Projects grant application Presentation and discussion 4 Presentation and discussion on proposed Resolution No 13-38, repealing Resolution No 04-28 in its entirety Resolution No 04-28 established a formal employee communications and problem solving policy Presentation and discussion 5. Discussion on proposed Ordinance No 1395, amending the City of Apache Junction City Code, Section 4, Fees, by adding Article 4-2, Returned Payment Fees Presentation and discussion D. ADJOURNMENT Copies of this agenda and additional information regarding any of the items listed above may be obtained Monday through Thursdays, 7 00a—6 00p, excluding holidays, from the City Clerk's office located at 300 East Superstition Boulevard,Apache Junction,AZ If any person with a disability needs any type of accommodation,please notify the Human Resources Office, at(480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time City of Apache Junction,Arizona Page 1 Printed on 10/28/2013 ry300 E Superstition City ofApache Junction, Arizona Boulevard a� � Agenda Item Cover Sheet Apache Junction AZ 85119 r4 X Agenda Item No 1 File ID: 13-331 Sponsor Heather Patel Agenda Date. 11/4/2013 Index Community Development In Control.City Council Work Session Presentation and discussion on proposed projects and Resolution No 13-36, authorizing the submission of the city's Fiscal Year 2014 Community Development Block Grant and Fiscal Year 2014 State Special Project grant applications Presentation and discussion. Attachments' Staff Report 13-36 pdf, Resolution No 13-36 pdf City of Apache Junction,Arizona Page 1 Printed on 10/28/2013 I City of Apache Junction Development Services Department MEMORANDUM -- DATE: October 23, 2013 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Coordinator SUBJECT: Presentation and discussion of Proposed Resolution No 13-36, authorizing the submission of Fiscal Year 2014 Community Development Block Grant and Fiscal Year 2014 State Special Project grant applications REQUEST Staff respectfully requests the city council review and discuss proposed projects and Resolution No 13-36, authonzmg the submission of the city's Fiscal Year 2014("FY14") Community Development Block Grant Regional Account("CDBG") and Fiscal Year 2014("FY14") State Special Project ("SSP")applications BACKGROUND Since 1974, the United States Department of Housing and Urban Development has provided assistance to local communities through the CDBG and SSP Programs These Programs were established to help communities address the followmg national objectives 1) Meet the needs of low and moderate income citizens, 2) Prevent/eliminate slums and blight in a community, and/or 3) Address urgent needs to the health/welfare of a community. A community can use the funds to address one of the national objectives or can direct the funds to a non-profit organization Apache Junction has participated m the CDBG program smce 1982 The City of Apache Junction is eligible to submit applications to the Arizona Department of Housing ("ADOH") for both the CDBG and SSP funding The City of Apache Junction is anticipating receiving approximately$120,000 in CDBG funds to be used over a two year period of time(January 2015 —December 2016). These funds are guaranteed to the community as long as a viable project is submitted for funding to ADOH. The city may retain up to 18%of these funds for administrative costs This application is due June 1,2014. In years past, the city partnered with the Town of Payson to receive double fundmg every other year. The city chose to end that partnership m 2011. The City of Apache Junction is anticipating submitting an application for the SSP funds in which the City may request up to $300,000 to be used over a two year penod of time. These funds are a statewide competitive grant The city may retain up to 18% of these funds for administrative costs The anticipated application due date is fall/winter 2014 Crucial to the CDBG and SSP programs is the involvement of local citizens and elected officials. In fact,to participate in the programs and receive funds a community must be able to document that citizens and officials have been given the opportunity to discuss community needs and suggest possible projects Ultimately,the decision on which CDBG and SSP projects will be submitted rests with the elected officials in a community To assist communities in meeting the requirements for public participation,ADOH has established a mandatory public participation process Failure to meet the public participation requirements will result m the disqualification of the city from the programs and an inability to receive funds DISCUSSION On October 1, 2013 a public meetmg was held to solicit mput from the public on potential projects for the submission of an application Technical assistance was provided to the community until September 30, 2013 to help formulate projects for consideration and to determine if a potential project meets the requirements of the CDBG program There were no members of the community present during the public meeting,therefore there were no public comments received Additionally, on October 10, 2013 the Leadership Team met to discuss potential projects for presentation to the city council. Based upon the city's current low to moderate income status, the city must focus their CDBG and SSP efforts on projects that meet one of the following cntena. 1) Is within a designated and approved redevelopment area, e g Crossroads Redevelopment Area and Apache Trail Redevelopment Area, 2) Assist persons within a limited clientele category, e.g seniors,disabled, etc, 3) Assist homeowners who are proven to be low income, e.g. housing rehabilitation, and 4) Assist neighborhoods that are proven to be low income During the Leadership Team meeting, several projects were discussed that met the criteria of the CDBG program. Of those projects, several held high priority. The following projects were discussed by the Leadership Team 2 oiolk Project. Emergency repair program Location. City-wide Cost. $15,000/residential structure Description. Emergency repair of 1-2 items in an owner occupied home—see guidelines Eligibility Low-moderate income eligibility criteria per household Funding CDBG Project. Owner-occupied housing rehabilitation program Location. City-wide Cost. $50,000/residential structure Description. Full rehabilitation of an owner occupied home—see guidelines Eligibility Low-moderate income eligibility criteria per household Fundmg• CDBG Project. Commercial rehabilitation Location. Redevelopment areas Cost. $30,000/structure Descnption. Rehabilitation of commercial properties for ADA, code and health and safety compliance Eligibility Redevelopment area benefit Identified in the DRIS Funding CDBG Project Sidewalk improvements Location Grand/Ocotillo/Main neighborhood south of Apache Trail Cost $300,000+ Description Installation of sidewalks, curb&gutter within the neighborhood Eligibility. Redevelopment area benefit Funding. SSP Project. Street improvements Location Pueblo del Sol neighborhood—southwest of Superstition Blvd and Delaware Cost $300,000+ Description Installation of sidewalks, curb&gutter, drainage improvements and paving of the roadway Eligibility Low to moderate income neighborhood Funding. SSP Project Sidewalk/drainage improvements Location. Ironwood and Tepee Cost. N/A Descnption Installation of sidewalks and drainage solutions Eligibility Project determined not a priority for the city, issues with right-of-way Funding N/A 3 1 The following projects were recommended by the Leadership Team CDBG Emergency repair program SSP Pueblo del Sol phase two, with an alternate of Grand/Ocotillo/Main pending FY13 SSP application outcome As part of the application requirements for submission of CDBG and SSP applications, a resolution is /, required that authorizes the city to submit applications to ADOH for funding Resolution No 13-36 further authorizes the Mayor to sign the applications, contracts, and grant documents, and take all actions necessary to implement and complete the activities submitted within the applications On November 19,2013, staff will bring Resolution No 13-36 before council for consideration and approval following a presentation of all proposed projects and a public hearing, at which time,the community may present additional projects and the council will be asked to select a project for each application submittal RECOMMENDATION Staff respectfully recommends the city council review and discuss the proposed projects and Resolution No 13-36. ACTION REQUIRED Review and discuss the proposed projects and Resolution No. 13-36. ATTACHMENTS Attachment One. Resolution No 13-36 fr 4 RESOLUTION NO. 13-36 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATION(S) FOR FY 2014 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ( "CDBG" ) , FY 2014 STATE SPECIAL PROJECT ( "SSP" ) FUNDS, AND CERTIFYING THAT THE APPLICATION(S) (1) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS, AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG AND SSP APPLICATION(S) WHEREAS, the City of Apache Junction is desirous of undertaking community development activities; and WHEREAS, the State of Arizona is administering the Community Development Block Grant ("CDBG" ) Program, and WHEREAS, the State CDBG Program requires that the requested CDBG funds address one of the three congressionally-mandated national objectives, and WHEREAS, the activities within these applications address the identified housing and community development needs, including the needs of low and moderate income persons; and WHEREAS, a grantee of State CDBG funds is required to comply with the CDBG Program guidelines and federal statutes and regulations, and WHEREAS, on October 1, 2013 and November 19, 2013, the City of Apache Junction held public hearings on CDBG and SSP proposed projects . NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction as follows: SECTION 1 - Staff is authorized to submit applications to the State of Arizona Department of Housing for Fiscal Year 2014 CDBG, and Fiscal Year 2014 SSP funds, and the Mayor is authorized to sign the applications, contracts, grant documents and other related documents for receipt and use of CDBG funds for RESOLUTION NO 13-36 PAGE 1 OF 2 r. FY 2014 CDBG - for the funding maximum, and FY 2014 SSP - for $300, 000 SECTION 2 : The Mayor or his designee is authorized to take any and all actions necessary to implement and complete the activities .•. submitted in the applications SECTION 3 : The applications for State CDBG and SSP funds further the needs under State guidelines for low and moderate income persons SECTION 4 The City of Apache Junction shall comply with all State CDBG Program guidelines, federal statutes and regulations applicable to the State CDBG Program and certifications contained in the applications. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2013 SIGNED AND ATTESTED TO THIS DAY OF 2013 JOHN INSALACO Mayor i"` ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J STERN City Attorney RESOLUTION NO. 13-36 PAGE 2 OF 2 AM. ,411111. xr� City of Apache Junction, Arizona 300 E Superstition S. Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 2 `"�� File ID: 13-332 Sponsor: Heather Patel Agenda Date 11/4/2013 Index: Economic Development In Control City Council Work Session Presentation and discussion on proposed Resolution No 13-35, reaffirming Resolution No 08-07 designating the Crossroads Redevelopment Area and Crossroads Redevelopment Plan for the sole purpose of qualification of funding under the Community Development Block Grant program Presentation and discussion The city submitted an application for Fiscal Year 2013 Community Development Block Grant funds for the purpose of conducting a commercial rehabilitation program To be eligible to undertake the program within the Crossroads Redevelopment Area, the city is required to reaffirm the designation Attachments. Staff report 13-35 pdf, Resolution No 13-35 pdf AMR City of Apache Junction,Arizona Page 1 Printed on 10/28/2013 PQ p,CHE O City of Apache Junction R+ °N Development Services Department MEMORANDUM DATE: October 23, 2013 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker,Revenue Resources Manager FROM Heather Patel, Grants Coordinator SUBJECT: Presentation and discussion of proposed Resolution No 13-35, reaffirming Resolution No 08-07 designating the Crossroads Redevelopment Area REQUEST Staff respectfully requests the city council review and discuss proposed Resolution No 13-35 reaffirming Resolution No. 08-07 for the Crossroads Redevelopment Area and Crossroads Redevelopment Plan for the sole purpose of qualification of funding under the Community Development Block Grant program BACKGROUND In 1996, the city designated the Crossroads Redevelopment Area("CRA")via Resolution No 96-16. el'1 Further the city adopted Resolution No. 96-31 approving a redevelopment area plan. In 1998, modifications were made to the CRA and the plan and were adopted under Resolution Nos 98-15 and 98-20,respectively In 2008,the city conducted the redevelopment area designation process as sited under A.R S 36 and re-adopted the CRA as originally stipulated under the aforementioned resolutions Under the city's fiscal year 2013 CDBG application, the city council elected to submit application for a commercial rehabilitation program through Resolution No 13-16. This program stipulated beneficiaries were to be located within either of the two city redevelopment areas, the CRA and the Apache Trail Redevelopment Area. DISCUSSION Due to recent activities and improvements m the CRA,the Arizona Department of Housmg ("ADOH"),the grantor to the CDBG program,has asked that a reaffirmation of the 2008 resolution be adopted Further,ADOH requested the city conduct an mventory assessment to illustrate the need for redevelopment Inventories within the CRA were previously completed in 2008 (buildings) and 2012 (infrastructure). The city updated the existing inventories as Exhibit Three of the proposed Resolution No 13-35 The city maintains the existence of the CRA based upon the legal definition of a redevelopment area as outlined in A R S 36-1471 As such, the reaffirmation of Resolution No. 08-07 is being conducted for the sole purpose of applying for and receiving CDBG funding under the fiscal year 2013 On November 19,2013, staff will place this resolution under the consent agenda RECOMMENDATION Staff respectfully recommends that the city council review and discuss Resolution No 13-35 ACTION REQUIRED Review and discuss Resolution No 13-35 ATTACHMENTS Attachment One Resolution No 13-35 Exhibit One. Legal description Exhibit Two Map Exhibit Three Infrastructure and building inventory Exhibit Four• Redevelopment Plan 2 RESOLUTION NO. 13-35 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REAFFIRMING RESOLUTION NO. 08-07 FOR THE CROSSROADS REDEVELOPMENT AREA AND CROSSROADS REDEVELOPMENT PLAN FOR THE SOLE PURPOSE OF QUALIFICATION OF FUNDING UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, on May 19, 1998, the City of Apache Junction Mayor and Council adopted Resolution No. 98-15, which established the Crossroads Redevelopment Area; and WHEREAS, on July 7, 1998, the City of Apache Junction Mayor and Council adopted Resolution No. 98-20, which approved the Crossroads Redevelopment Area Plan; and WHEREAS, on May 6, 2008, the City of Apache Junction Mayor and Council reaffirmed the Crossroads Redevelopment Area and Plan; and WHEREAS, in compliance with A.R. S. § 36-1474 (C) , the Crossroads Redevelopment Area has undergone the following substantial redevelopment activities to eliminate slum or blighted conditions: 1. Focal Point (landscaping enhancements) ; 2 . South Phelps Drive (streetscape project) ; 3 . Creation of the City Center District (new downtown zoning designation) ; 4 . Adoption of an Infill Incentive District, Resolution No. 04-25 (allowing economic incentive tools) ; 5 . Demolition of a dilapidated and asbestos filled commercial structure (Grand Hotel and accessory buildings) ; 6 . Various private developments (Fry' s Plaza/former ABCO and Bashas revitalization/QuikTrip Development) ; 7 . Assimilation of 100 acres by one property owner (Downtown LLC) ; 8 . Adoption of a Single Central Business District by Resolution No. 00-10 (allowing certain tax benefits for development in such area) ; 9 . Infrastructure improvements to North Apache Trail, Old West Highway and Winchester Roads; RESOLUTION NO. 13-35 PAGE 1 OF 8 10 . Private investment in the development of Mountain Health and Wellness and Central Arizona Community College; and WHEREAS, the continuation of the redevelopment of this area is necessary in the interest of public health, safety, morals, or welfare of the residents of the City of Apache Junction pursuant to A.R.S. § 36-1473 . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: 1) The City of Apache Junction the Crossroads Redevelopment Area and Crossroads Redevelopment Area Plan as legally described in Exhibit One, and as depicted on the map as shown in Exhibit Two, both attached hereto. 2) Pursuant to A.R.S. § 36-1474 (C) , because significant action has been taken to remove the slum and blight conditions in the Crossroads Redevelopment Area, the slum and blighted area designation shall not terminate ten years after initial designation. 3) The City of Apache Junction has completed an infrastructure and building inventory and is attached as Exhibit Three. 4) The redevelopment area is necessary in the interest of the public, health, safety, morals or welfare of the residents of the City of Apache Junction pursuant to A.R. S. § 36-1473 . 5) The Crossroads Redevelopment Area Plan dated July 7, 1998, attached hereto as Exhibit Four, continues to be relevant to reduce slum and blight. 6) The Crossroads Redevelopment Area and Plan are hereby reaffirmed and are in compliance with the provisions of A.R.S. 36-1471 et seq. RESOLUTION NO. 13-35 PAGE 2 OF 8 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013 . SIGNED AND ATTESTED TO THIS DAY OF , 2013 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 13-35 PAGE 3 OF 8 EXHIBIT ONE LEGAL DESCRIPTION That portion of Section 16, 20, and 21, Township 1 North, Range 8 East of the Gila and Salt Rover Base and Meridian, Pinal County, Arizona, described as follows : The East half of the Northwest quarter of Section 20 : Beginning at the Southwest corner of the Northeast quarter of Section 20; thence North 823 . 25 feet along the West line of said Northeast quarter, thence East 40 . 00 feet; thence North 187 . 97 feet; thence East 921.41 feet; thence North 270 . 00 feet; thence East 298 . 70 feet to the West right of way line of Plaza Drive; thence the following 3 courses along said West right of way; North 728 . 16 feet, Northerly 100 .30 feet and North 498 . 08 feet to the North line of said Northeast quarter of Section 20; thence East 33 . 00 feet; thence South 2640 . 00 feet to the South line of said Northeast quarter of Section 20; thence West 1320 . 00 feet to the point of beginning; and The North half of the Southeast quarter of Section 20; The North 660 . 00 feet of the Northeast quarter of the Southwest quarter of Section 20; The South 148 . 00 feet of the Southeast quarter of the Northwest quarter of Section 20; The West half of the Southwest quarter of the Southwest quarter of Section 16; The Northwest quarter of the Northwest quarter of section 21; The West half of the Southwest quarter of the Northwest quarter of Section 21; The Northwest quarter of the Northwest quarter of the Southwest quarter of Section 21; The Southwest quarter of the Northwest quarter of the Southwest quarter of Section 21; RESOLUTION NO. 13-35 PAGE 4 OF 8 The West half of the Southeast quarter of the Northwest quarter of the Southwest quarter of Section 21; The Southwest quarter of the Southwest quarter of Section 21 RESOLUTION NO. 13-35 PAGE 5 OF 8 ) ) Ti N ivy tli I_ U] `� '3 51� .r r r ��.�.��t j]1. a�St 4 ,fd./ s. �.4t ,r PALO YERDC r m .i ly. SAGUARO ~ r� - SAGUARO} _ . 01 0 -' " arm A w tf!-Ifs ,i:irk 1r3Y a'=z R f t q •i 1.3 ,��[ r., I'... 111:4,r,,,w ;03••.i ia- t -{ ' f1 ] • ' 0 H i) �_ 1 e,sr, '�4�it+� III 4 ,' =.3,7:-'1, • I °' + K7 yOy l '„tlfi.1 t yy.�1spy..�l a ` •:et c1 A,i .i.. I� '�114 t. ;.q ^r i �I "' ._ ' ,m:��-v irii�wri a I��t 1;, t '"•"� fyl' s�. _ :.S r t IRONWOOD 4 1 .$ }• YRCIco rIMImttMEr� �L ,...� `� tf�_,- M; • 1 a , 0 7t t, ,Ia O .i$iY� IT ('e 1 i; '+ky1 I _ r#LDr .4 ,q '�vtb r • A� .[.. .cV. ./ ' F �-+ ui i*b t'COPPER •i i rY` N 1,, 1Sw i° r rI ay, s, 7 to , 4 rti 4 • �, d2 'M 5 r3 A ny, i4-,'l I. 'm 1 Lj! ' Ie M iVALLEY.� P-Wii fi ,i fl, v A •Ki 1 .� IP,ia 1 _ S` -cri ! fN/1 7� sArrAdii0i0C''L7S.I 'I' ""t a i. $1 i', R e•ii-,j +,,,'!'r'{Iti:t i7►f,GS"15� ' . `."' O 'e•, +FJ I,m gg ! 'T7t atrats�;cnlQaoart4 :1 I 4'r. • SU.� Tarr at X 2iy -ice fl' ..�....ci NYi Sft N";!-d {. ;AN 5 !ttrwP =JY7t'BI��iv1Ci - M m .' •' • 1 .n.� �1�x a�i. x CH t ea, « s E 7RJaISA4:t th a•rR, s�. (Del •,a e- +^'r :,^:C'S91!4".g1y "fit^ `t W 4{1 $ w - xcd' - !titt.'attPAl1{R a� '1 r ' 1'D H3 .1•cs N . 'y ja Kt =42. ,as:s 1 V I , r. cD /F'f"°."G. 3N3W.IP1J7P p • �f yr r-h i Urr'AgYdC i l".:as 0 'IYy b • ' , �' ei u I lir S l� pc^CdF.. 5 AhZ nnac7 • r k I t• mot`„1 -, • + � --,. . , ,., , ,,.. . i. I it _. '' ^ I -e ' �k +x ROYAL PAIN . +8 x;' . 1...n t i t , 'f 04 7 .,'nf1 NON DEDICATED S ! - 1 r ^.. o i f11,r,1 u l — , I S L EXHIBIT THREE INFRASTRUCTURE AND BUILDING INVENTORY SEPTEMBER, 2013 RESOLUTION NO. 13-35 PAGE 7 OF 8 Form 15 4 C Back-up Revised September 2013 Definition of Deterioration Roadways: The total lengths of roadways are those existing within the Crossroads Redevelopment Area An in the field assessment was made to determine whether existing roads were deteriorated The following criteria were used to identify roads that have less than a four-year remaining effective level of service Roads with one or more of the following conditions are considered to be deteriorated and need to be reconstructed: 1) Roadway surfaces with "alligatoring" effect, 2) Roadway surfaces with cracks one-half inch (1/2") in size and greater, or 3) Roadways with other evidences of water attributing to the failure of the roadway surfaces and sub-surface features A typical service life span of a road surface is 15-20 years with proper maintenance activities during the life of the road. The length of deteriorated roadways divided by the total length of roadways was used to determine the percentage of roadways needing to be reconstructed Roadways Total Deteriorated (lane mile) (lane mile) Existing 21 5 13.3 Deteriorated Roadways (%) 61 8% Sidewalks. The total lengths of sidewalks are those existing within the Crossroads Redevelopment Area An in the field assessment was made to determine whether portions of existing sidewalks were deteriorated based on the following criteria: 1) Concrete sidewalk panels with a crack running from one panel face to another, 2) Panels that are heaving (tripping hazards), 3) Panels that are pulling away from the adjacent curb (tripping hazard), 4) Curb returns with non-ADA compliant ramps, 5) Sidewalk panels adjacent to curb & gutter segments that need to be replaced Typically the sidewalk panels will need to be removed and replaced during the course of curb & gutter reconstruction, 6) Missing segments of sidewalk along existing paved roadways, or 7) Missing ADA accessible routes behind driveway entrances Sidewalk panels within the Crossroads Redevelopment Area meeting the above criteria were identified as deteriorated and needing to be reconstructed The length of the deteriorated sidewalks divided by the total length of sidewalks was used to determine the percentage of sidewalks needing to be reconstructed. Sidewalks Total Deteriorated (linear feet) (linear feet) Existing 55100 45698 Deteriorated Sidewalks (%). 82.9% Street Lights. The total length of roadways represents all existing roadways within the Crossroads Redevelopment Area. An in the field assessment was made to determine whether the existing roads have street lights or not The length of existing roadways without street lights was divided by the total length of roadways within the redevelopment area to determine the percentage of roadways with sub-standard street lighting. Street Lights Total Sub-Standard (linear feet) (linear feet) Existing 27321 17832 Sub-Standard Street Lights (%): 65 2% Calculation Breakdown Revised September 2013 Total Length Total Length Deteriorated Roadway Deteriorated Sidewalk inadequate Street Lights Roadway Name (Linear Feet) (Lane Miles) (Lane Miles) (Linear Feet Street*2) (Linear Feet) (See Exhibit A) (See Exhibit B) (See Exhibit C) Apache Trail 4156 5.07 5 07 648 3572 Idaho Road 6593 6 04 6 04 2510 5021 Junction Street 629 0 24 0 24 1844 681 North Apache Trail 2555 1 75 0.00 0 0 Old West Highway 1600 1 27 0.00 2409 1098 Outpost Road 745 0 28 0.28 1490 745 Phelps Drive 1156 0 92 0 00 0 0 Plaza Drive 1852 0.75 0 44 2396 997 Scenic Street 892 0 34 0,34 2190 892 Second Avenue _ 984 0 37 0.37 1986 992 SR88-Apache Trail 1718 1 00 0.00 3910 1516 Superstition Boulevard 2682 2 38 0.00 1330 1250 Thunderbird Drive 627 0 52 0 52 1102 670 Winchester Road 1132 0.58 0 00 1034 398 27,321 21.51 13.3 22,849 17,832 61.8% 83.6% 65.2% Crossroads Redevelopment Area Building Inventory The following parcels are located within the Crossroads Redevelopment Area.Each parcel is classified with the quality of the structure located on the parcel.Using the following definitions,the City of Apache Junction has identified the number of structures within the Crossroads Redevelopment Area that are substandard or"dilapidated" Residential structures classified as either poor or replace have been determined"dilapidated" A residential structure is considered poor if the cost to make improvements is between$15,000-$60,000 Likewise,A residential structure is to be replaced if the cost to make improvments is greater that the cost of replacement A commerical structure is dilapidated if it meets the following criteria established by A R S Blighted area means an area, other than a slum area,where sound municipal growth and the provision of housing accommodations is substantially retarded or arrested in a predominance of the properties by any of the following (b)Faulty lot layout in relation to size,adequacy,accessibility or usefulness (c)Unsanitary or unsafe conditions e g septic (d)Deterioration of site or other improvements This evaluation was completed in 2008 and updated September 2013,in cooperation with the City of Apache Junction Economic Development Department,Development Services Department and Housing Division Property address Parcel No Quality No.of bldgs No Deteriorated 101-11-OO1F Standard/Fair 1 85 W SUPERSTITION 101-11-001G Standard/Fair 1 101-11-002D Standard/Fair 1 253 W SUPERSTITION 101-11-002J Exceeds standards/Good or Excellent 1 101-11-002M Exceeds standards/Good or Excellent 1 101-11-003B Vacant 0 101-11-003D Vacant 0 530 W APACHE TRAIL 101-11-004 Standard/Fair 1 101-11-005 Vacant 0 201 W APACHE TRAIL 101-11-006 Vacant 0 810 W APACHE TRAIL 101-11-007 Substandard/Dilapidated 1 1 101-11-010C Substandard/Dilapidated 1 1 101-11-010D Standard/Fair 1 650 W APACHE TRAIL 101-11-011 Substandard/Dilapidated 1 1 640 W APACHE TRAIL 101-11-012 Substandard/Dilapidated 1 1 586 W APACHE TRAIL 101-11-013 Substandard/Dilapidated 1 1 700 W APACHE TRAIL 101-11-014A Substandard/Dilapidated 1 1 101-11-014B Standard/Fair 1 310 N PLAZA DR 101-11-015 Substandard/Dilapidated 1 1 101-11-016A Substandard/Dilapidated 1 1 101-11-016B Substandard/Dilapidated 1 1 150 W HWY 60 101-11-017 Vacant 0 101-11-018 Substandard/Dilapidated 1 1 101-11-019 Vacant 0 101-11-021 Vacant 0 101-11-022 Substandard/Dilapidated 1 1 101-11-023 Substandard/Dilapidated 1 1 101-11-024 Vacant 0 101-11-025 Vacant 0 940 W APACHE TRAIL 101-13-021 Substandard/Dilapidated 1 1 ANINI lb‘ Aim. Crossroads Redevelopment Area Building Inventory 936 W APACHE TRAIL 101-13-022B Substandard/Dilapidated 1 1 900 W APACHE TRAIL 101-13-022C Substandard/Dilapidated 1 1 960 W APACHE TRAIL 101-13-023B Substandard/Dilapidated 1 1 994 W APACHE TRAIL 101-13-023C Substandard/Dilapidated 1 1 1148 W APACHE TRAIL 101-13-062B Standard/Fair 1 101-13-065A Substandard/Dilapidated 1 1 101-13-066G Substandard/Dilapidated 1 1 1000 W APACHE TRAIL 101-13-068A Substandard/Dilapidated 1 1 '".. 101-13-109C3 Substandard/Dilapidated 1 1 101-14-001J Substandard/Dilapidated 1 1 461 W APACHE TRAIL 101-14-001L Standard/Fair 1 101-14-001V Exceeds standards/Good or Excellent 1 240 S PHELPS DR 101-14-001X Exceeds standards/Good or Excellent 1 431 E APACHE TRAIL 101-14-002D Substandard/Dilapidated 1 1 101-14-002E Substandard/Dilapidated 1 1 495 W APACHE TRAIL 101-14-002H Substandard/Dilapidated 1 1 461 W APACHE TRAIL 101-14-002J Substandard/Dilapidated 1 1 209 APACHE TRL 101-14-003B Exceeds standards/Good or Excellent 1 325 W APACHE TRAIL 101-14-003C Standard/Fair 1 101-14-004C Substandard/Dilapidated 1 1 97 W APACHE TRAIL 101-14-004D Standard/Fair 1 101-14-005B Standard/Fair 1 101-14-005C Vacant 0 101-14-005D Standard/Fair 1 555 W APACHE TRAIL 101-14-006 Standard/Fair 1 55 W APACHE TRAIL 101-14-007C Standard/Fair 1 183 W APACHE TRAIL 101-14-007F Standard/Fair 1 101-14-007G Standard/Fair 1 189 W APACHE TRAIL 101-14-007H Standard/Fair 1 101-14-007J Standard/Fair 1 101-14-007K Vacant 0 101-14-008 Vacant 0 380 S PHELPS DR 101-14-010A Standard/Fair 1 264 S PHELPS DR 101-14-020A Exceeds standards/Good or Excellent 1 290 S PHELPS DR 101-14-020B Exceeds standards/Good or Excellent 1 250 S PHELPS DR 101-14-021 Exceeds standards/Good or Excellent 1 280 S PHELPS DR 101-14-022 Exceeds standards/Good or Excellent 1 837 W APACHE TRAIL 101-16-002 Substandard/Dilapidated 1 1 945 W APACHE TRAIL 101-16-003B Standard/Fair 1 1015 W APACHE TRAIL 101-16-003D Standard/Fair 1 951 W APACHE TRAIL 101-16-003E Standard/Fair 1 101-16-014B Vacant 0 101-16-015 Standard/Fair 1 101-16-021 Standard/Fair 1 101-16-022 Standard/Fair 1 101-16-023 Substandard/Dilapidated 1 1 101-19-014A Vacant 0 101-19-015A Vacant 0 101-19-025A Vacant 0 305 E SUPERSTITION 101-19-026 Standard/Fair 1 101-20-021B Standard/Fair 1 101-20-021C Standard/Fair 1 Crossroads Redevelopment Area Building Inventory 101-20-023 Exceeds standards/Good or Excellent 1 101-20-024 Exceeds standards/Good or Excellent 1 101-20-030 Exceeds standards/Good or Excellent 1 101-20-031 Exceeds standards/Good or Excellent 1 101-20-032 Vacant 0 101-20-13 Vacant 0 101-21-001 Vacant 0 101-21-002 Vacant 0 101-21-003 Vacant 0 101-21-004 Vacant 0 101-21-005 Vacant 0 101-21-006 Vacant 0 101-21-007 Vacant 0 101-21-008 Vacant 0 101-21-009 Vacant 0 101-21-010 Vacant 0 101-21-011 Vacant 0 101-21-012 Vacant 0 101-21-013 Vacant 0 101-21-014 Vacant 0 101-21-015 Vacant 0 101-21-016 Vacant 0 101-21-017 Vacant 0 101-21-018 Vacant 0 101-21-019 Vacant 0 101-21-020 Vacant 0 101-21-021 Vacant 0 101-21-022 Vacant 0 101-21-023 Vacant 0 101-21-024 Vacant 0 101-21-025 Vacant 0 101-21-026 Vacant 0 101-21-044 Vacant 0 101-21-045 Vacant 0 101-21-046 Vacant 0 101-21-047 Vacant 0 101-21-048 Vacant 0 101-21-049 Substandard/Dilapidated 1 1 101-21-050 Substandard/Dilapidated 1 1 101-21-052A Vacant 0 101-21-054 Vacant 0 101-21-055 Vacant 0 101-21-056 Vacant 0 101-21-057A Vacant 0 101-21-057B Vacant 0 101-21-062A Vacant 0 140 W HWY 60 101-21-062B Substandard/Dilapidated 1 1 101-21-064 Vacant 0 21 E OLD WEST HWY 101-21-068A Exceeds standards/Good or Excellent 1 101-21-068B Vacant 0 50 W HWY 60 101-23-004A Substandard/Dilapidated 1 1 110 S IDAHO RD 101-23-004E Standard/Fair 1 Crossroads Redevelopment Area Building Inventory 101-23-004F Substandard/Dilapidated 1 1 101-23-004G Substandard/Dilapidated 1 1 101-23-007A Standard/Fair 1 101-23-009A Standard/Fair 1 101-23-017 Vacant 0 101-23-018 Substandard/Dilapidated 1 1 101-23-019 Substandard/Dilapidated 1 1 101-23-020 Substandard/Dilapidated 1 1 Awl. 101 W APACHE TRAIL 101-23-021 Standard/Fair 1 137 W APACHE TRAIL 101-23-024B Standard/Fair 1 191 W APACHE TRAIL 101-23-028A Standard/Fair 1 101-23-032A Substandard/Dilapidated 1 1 101-23-033 Vacant 0 101-23-034 Vacant 0 184 W NAVAJO DR 101-23-035 Substandard/Dilapidated 1 1 101-23-036 Vacant 0 180 W NAVAJO DR 101-23-037 Substandard/Dilapidated 1 1 101-23-038 Vacant 0 101-23-039 Vacant 0 101-23-040 Vacant 0 101-23-041 Vacant 0 101-23-042 Vacant 0 305 N PLAZA DR 101-23-043 Substandard/Dilapidated 1 1 101-23-044 Vacant 0 101-23-045A Vacant 0 Total Number of Structures 90 42 Total%of structures considered dilapidated 47% EXHIBIT FOUR THE CROSSROADS REDEVELOPMENT AREA PLAN JULY 7, 1998 RESOLUTION NO. 13-35 PAGE 8 OF 8 CROSSROADS REDEVELOPMENT AREA IMPROVEMENT PLAN CITY OF APACHE JUNCTION JULY 1998 TABLE OF CONTENTS INTRODUCTION 1 A. Description of Redevelopment Area 1. Boundaries 2 2. Existing Land Use 2 3. Existing Property Conditions 2 B. Plan Objectives - 1. Redevelopment Objectives 2 2. Additional Social,Economic,and Environmental Objective 3 3. Functional Objectives 4 4. Design Objectives 5 5. Program and Process Objectives 10 C. General Land Use and Development Plan 1. Land Use Map 10 D. Proposed Redevelopment Actions 1. Continuing Planning and Administration I 1 2. Technical Assistance and Counseling 12 3. Provision of Public Services 12 4. Funding and Economic Development 12 5. Preparation of Land for Redevelopment 13 6. Rehabilitation of Structures 14 7. Removal or Installation of Public Improvements and Facilities 14 E. Management and Implementation of the Redevelopment Plan 1. Activities to be Undertaken by the City 14 2. Downtown Improvement Budget and Program 15 3. Project and Action Proposal Review 15 4. Financing 16 5. A Statement of the Proposed Method of Financing the Redevelopment Project 16 6. Property Tax Increment Provision 17 F. Other Provisions Necessary to Meet State and Local Requirements 1. Boundaries,Existing Uses and Conditions, General Land Use plan and information Showing Standards of Population Densities,Land Coverage and Buildings in the Area After Redevelopment 18 2. A Statement of the Proposed Changes,if any, in Zoning Ordinances or Maps, Street Layouts, Street Levels or Grades,Building Codes, and Ordinances 18 3. A Statement as to the Kind and Number of Site Improvements and Additional Public Utilities which will be Required to Support the New Land Uses in the Area After Redevelopment 18 G. Procedures for Amending or Supplementing This General Plan 19 H. Crossroads-Redevelopment Area(CRA)Advisory Cofnmittee 19 Exhibits 1. Legal Description 19 2. Figures Figure 1 21 Figure 2 22 Figure 3 23 Figure 4 24 ii • INTRODUCTION The redevelopment of the core business area of the City of Apache Junction is of great importance to the City and the community as a whole. The City, founded in the 1950's and incorporated in 1978,has seen minimal improvement in infrastructure or private property development The conditions of blight,deterioration and obsolescence of the core business area are a threat to the area's continued sustainability. Due to unsuitable land divisions, absentee - ownership and lack of long range planning the area's economic viability has become • questionable and there is a need to influence how new growth and improvement will occur and affect the core business area. The revitalization and redevelopment of the Crossroads area of Apache Junction is one of the first steps toward changing the image of Apache Junction. The designation of the Crossroads Redevelopment Area(CRA)will provide a mechanism by which the area can qualify and apply funding options. The City of Apache Junction has recognized the need for aggressive, coordinated public/private action to secure this area as the business,governmental,institutional, and cultural heart of the area and as a focus of community pride and achievement. This Plan provides for the initiation of a comprehensive program of reconstruction and redevelopment of the historic junction area. This Plan establishes a broad framework for the further development and revitalization of the CRA by defining: ► Project Boundaries ► Basic Revitalization and Improvement Objectives ► A General Land-Use Plan • A range of actions which may be taken to implement the plan ► A procedure and program for plan implementation The preparation of the Plan is the first, and an important,step in the improvement and revitalization process. The Plan has been developed to meet the requirements of Arizona Revised Title 9, Chapter 12, Article 3, Section 36-1479 and sets the stage for substantial private and public actions which will be of major benefit to the community as a whole. • A. DESCRIPTION OF REDEVELOPMENT AREA Project Area Boundaries The project area boundaries are generally described as including the area bounded on the South by Broadway Avenue,the north by Superstition Boulevard,the East by Winchester Road,and the West by Valley Drive. Figure 1,Project Area Boundary Map, indicates the precise boundaries. 2. Existing Land Use Land use in the project area is shown in Figure 2,Existing Land Use. 3. Existing Property Conditions The condition of existing structures in the project area is shown in Figure 3, Building Conditions. B. PLAN OBJECTIVES The following objectives are established for the further development and improvement of the CRA. These should be pursued through a wide variety of public and private actions, including those described here. They include objectives in several categories, as follows: 1. Basic Redevelopment Objectives a. Preserve and create an environment within the project which will contribute to the health, safety,and general welfare of the City and preserve the value of properties to remain within,and adjacent to,the area. b. Eliminate substandard and obsolete buildings,blighting influences, and environmental deficiencies_which detract from the functional unity, aesthetic appearance, and economic welfare of this important section of the City. c. Provide for the orderly physical and economic growth of the project area. d. Assemble land into parcels functionally compatible,with respect to shape and size, for disposition and redevelopment in accordance with contemporary development needs and standards. 2 e. Provide safe, efficient,and attractive circulation systems which minimize conflicts between different forms of traffic such as pedestrians, automobiles, transit,and service vehicles. _ • f. Provide safe,efficient,and attractive vehicular access to the project area from major regional highways,from neighborhoods and communities throughout the region, and from other major centers of business and employment. g. Encourage and assist in the provision of an increased supply of good, market-rate housing in a suitable living environment. h. Assure the provision of public services and facilities adequate to meet the needs of the project area,and to meet certain additional needs of the City and region. 2. Additional Social.Economic,and Environmental Objectives a. Strengthen the basic attractiveness,efficiency, and effectiveness of the economy of Apache Junction and the region. b. Increase and improve the range, variety, and quality of economic goods and services available to both residents and visitors. c. Increase and improve the quality and accessibility of job opportunities in the City. d. Strengthen the tax base of the City,and the fiscal condition of public agencies serving Apache Junction. e. Make efficient use of existing and future public investments, and institutional facilities and services in the project area. f. Provide a hospitable and secure environment for private investment,thus maximizing opportunities for such investment. g. Assure fair and equitable access by all persons to the facilities, services, and opportunities of the City. h. Encourage and assist in the conservation and effective use of energy, water, land, and other scarce and valuable resources. 3 i. Create a sense of community and neighborhood within the project area to enhance its attractiveness as a place in which to live,work,and play. j. Help build a sense of regional identity and community. k. Encourage high standards for the quality of visual,audio,air, and water characteristics of the area in the design of the environment. 1. Maximize opportunities to create a safe environment. 3. Functional Objectives The CRA should be developed to serve as the key part of the Apache Junction central area. It should serve the following functions: a. A major symbol of the quality,prospenty, character, and values of people and business throughout the entire City,region and State. b. An attractive and robust center of personal communications, a place where people through the region meet face-to-face to exchange news, information,ideas, goods,services,culture,and entertainment. Activities which depend on,or which create,face-to-face contact(retail stores, meetings and conferences,entertainment,cultural performances or exhibits, and businesses requiring frequent contacts between individuals) should be especially encouraged. c. Those activities in the region which are few of a kind and those which require a central location or proximity to other central area activities in order to operate efficiently. d. Safe,convenient,market-rate, attractive housing for persons who need and desire a residential environment which can enhance and benefit from proximity to the business and cultural activity of this area. e. City and/or regional government functions of County, State, and federal governments. f. City- and/or region-service financial, cultural, entertainment,health and related institutions and offices. g. Support services to maintain an attractive community for housing and for other basic functions. • 4. Design Objectives • In order to strengthen the desired functions of the project area in an efficient and attractive arrangement,the following design principles and objectives should govern the redevelopment: a. Land Use Overall Objectives 1) Provide adequate space,and an hospitable environment for every activity and function appropriate and wanted within the project area. Special attention should be given to being conscious of impacts on neighboring properties,both residential and commercial. 2) Group-related and compatible functions in compact centers or areas to make efficient use of space; to facilitate desirable and necessary interaction,and to rrtimmi7p negative impacts on nearby neighborhoods. 3) Arrange centers,or groupings of activities,to facilitate access to the area,to minimize conflicts between functions,and to provide adequate room for expansion and the provision of parking and other needed services. Principles 1) Design and build each center or grouping of activities to meet the special functional requirements of each, and to help implement and enhance area-wide systems for vehicular and pedestrian movement, open space,and other desirable and needed services. 2) Assure that existing and new development are coordinated and integrated both aesthetically and functionally to the fullest extent possible,not only within the district but also for land uses adjacent to the district. b. Transportation Overall Objectives 1) Accessibility. There is no alternative to the goal of accessibility for the project area;it must be possible for people who desire to work or obtain services or merchandise in the area to get to it conveniently,quickly,and economically. 5 2) Internal Movement. Good internal circulation for both pedestrians and vehicles should be provided. Conflicting forms of traffic should be separated to the fullest extent possible. Principles. 1) Vehicular Access. Efficient and direct vehicular access to the • - project area should be provided from the entire metropolitan region, especially from major employment and residential concentrations and from interregional transportation facilities such --as interstate highways. 2) Circulation. The system surface streets should facilitate movement within the area and minimise conflicts between different forms of movements, such as pedestrians, automobiles,transit, and service vehicles. The system should be easily comprehended and should accommodate traffic demands well into the future. 3) Parking. Parking facilities in the project area should be located and planned carefully so that traffic on the adjacent street system will not be disrupted by parking activities. c. Pedestrian and Open Space Overall Objectives 1) Provide the highest possible levels of opportunity and amenity for the pedestrian movement throughout the project area, especially in the most densely occupied activity areas. 2) Provide a variety of open space areas to enhance the environment of the project area and to meet needs for recreation,public assembly,pedestrian movement,the creation and enrichment of appearance and image qualities, the buffering of traffic and other conflicts, and the amelioration of climatic conditions and the conservation of energy. Principles The open space/pedestrian system should be based upon the following principles: 1) Fine-Grained The system should permit the movement of pedestrians among all properties. 6 2) Compact. The system should minimize the length of pedestrian trips. 3) Convenient. The system should facilitate the movement of pedestrians. 4)- Comfortable. The system should provide for pedestrian comfort based upon seasonal changes and micro-climate. 5) Human-Scale. The system should include spatial and design qualities that enhance the feeling that the pedestrian is walking, sitting, or otherwise occupying a space especially designed for those activities. 6) Multiple-Choice. The system should provide multiple opportunities for moving to and from destinations. • 7) Active. The system should be!associated with active land uses which encourage multi-purpose and spontaneous movements. 8) Safety. The system should provide a sense of safety. 9) The open space/pedestrian system should provide opportunities for movement,both within the core area and from the core to other destinations. 10) The open space/pedestrian system should be developed so that pedestrian movement can be an end in itself, as well as a means to reach destinations. 11) The open space/pedestrian system should clearly differentiate among public,semi-public, and private space. 12) The intended uses of space created within the system should be easily understood. 13) The open space/pedestrian system should utilize building interiors as opportunities for through-movement and special functions. 14) The system should be linked to an overall community open space system. 7 15) The system should help to express the regional character of the Apache Junction area. 16) The system should be developed to eliminate as many pedestrian/auto conflicts as possible. 17) The system should be developed sequentially to permit concentrations of resources on critical project areas. d. Appearance Overall Objectives In all matters of the design and location of physical features in or relating to the project area,the effects of such features on the appearance of the area should be taken into account so as to create the most stimulating and attractive environment possible. Four goals are pertinent: I) The area should be distinctive. Those aspects which can help to clearly distinguish the project area from noncentral areas and from other cities should be nurtured and developed. 2) It should have unity. The basic design and layout of the project area should express the unity of the area both as a whole and with regard to its major parts. A sense of order should underlie the variety of functions and activities within the area and provide a framework for them. 3) It should have variety. Consistent with other stated objectives, the layout and details of the project area should be such as to make the area as interesting and varied as possible. 4) It should reflect high standards of appearance,incorporating new concepts of building design, landscaping, lighting treatment, and sign control. Principles The development of the project area should be accomplished by adherence to the following principles: 1) The Skyline. A distinctive, interesting and attractive skyline, symbolizing the vitality and unity of the central area, should serve 8 • as a major point of orientation to the people of the City and the region. 2) Focal Points and Open Spaces. A series of strategically located focal points and open spaces should be developed. This should provide a basis for the siting and orientation of buildings which will create pedestrian activity within the area,adding to its interest helping create an air of excitement. 3) Pavements, Street Furniture, and Landscaping. Streets, alleys, pedestrian ways and open spaces,including their pavements, furniture and landscaping planting, should be functional and attractive. 4) Signs. In determining the location, design, and control of signs, the primary concern should be efficient communication of necessary information. Signs should contribute to,not detract from, an improved appearance. 5) Lighting. Lighting should be skillfully designed to respect the functions of various streets and activity centers. It should accent features of special importance. 6) Building Facades. In the construction of new buildings and the remodeling of individual existing buildings, high design standards should be employed. Facades of new or remodeled structures should be compatible with those of adjacent buildings or building groups. 7) Historic Qualities and Features. To the extent possible,the development of the project area should retain and encourage the region's historic significance through the careful preservation and restoration of appropriate buildings and landmarks. 5. Program and Process Objectives The methods and processes by which functional, design, and other objectives are achieved are as important as these objectives themselves. Thus,the following process and program objectives should be pursued: a. Assure that all development actions within the project area are in reasonable accord with, and help to achieve, the objectives of this plan by utilizing a development review process. 9 b. Eliminate all delays,requirements,and costs which are not necessary or important to the achievement of the objectives of this plan. c. Expedite efforts to undertake projects which will help implement the plan by actively assisting in land assembly, the coordination of various required public and private actions, the obtaining of required public approvals and financial assistance, and in other ways. d. Assure that all tenants,residents,property owners,prospective developers, and others involved in,or affected by, efforts to improve the project area are treated equitably,and are adequately compensated for any significant loss or damage which may be imposed on them by public actions related to implementation of this plan. e. Provide reasonable options to permit individual property owners and tenants to remain in the project area if they so desire. C. GENERAL LAND-USE AND DEVELOPMENT PLAN 1. Land Use Map Figure 4, The General Land Use Plan indicates three functional land use and development districts. These three land use districts are as follows: ► General Commercial-Commercial activities appropriately located along major arterial within the CRRD CRA, similar to C-3 type uses. ► Professional Office-similar professional offices located within one compact area, such as medical, legal,dental-type services. ► Multiple Family-high density multiple family housing stock is an appropriate use along arterial and collector streets due to the increased traffic flow and easy access to the downtown area. The functional land use and development districts are distinguished by the basic activities which are performed within their boundaries, the anticipated intensity of development,and provisions for automobile parking and automobile and pedestrian movement. The boundaries between the districts are not precisely defined; they overlap. These overlapping areas are zones of transition between the dominant land use 10 functions. The zones of transition are consistent with the land use objectives because they serve as buffers between different project area functions such as housing and business uses, and they may accommodate support services for basic district functions. Further refinement and detailing of the land use map should be accomplished in the administration of this plan,through the project proposal and implementation process, and through the revision and refinement of the City's Comprehensive Plan for central Apache Junction. This plan should be used as a guide for the development and review of specific project proposals. D. PROPOSED REDEVELOPMENT ACTIONS The City shall take the actions necessary to achieve the objectives of this plan. The redevelopment actions available to the City shall include, but not be limited to,the following: 1. Continuing Planning and Administration The City shall continue efforts to assess and respond to changed conditions, needs, and desires of residents and property owners. The City shall also continue to respond to the economy of the region, and to coordinate and manage resources to achieve plan objectives. This planning effort may result in the publication from time to time of reports,regulations, guidelines,plans,project proposals, work papers, or other documents which aid in achieving the objectives of this plan. In addition,the City may hold public meetings to elicit information on the public needs and desires for the project area. The City may also participate in planning efforts with other public and private interests to accomplish the objectives of this plan. The City shall coordinate planning and implementation activities and bring zoning and other regulations and plans for public facilities into conformance with the plan. 2. Technical Assistance and Counseling The City shall provide technical assistance and counseling to property owners and occupants within and adjacent to the project area regarding the methods and impacts of the implementation of this plan. The City may aid in the preparation of development proposals, coordinate development proposals with other agencies on a formal and informal basis,counsel home and property owners and tenants on available assistance, and prepare educational and informational documents which aid in the achievement of the objectives of this plan. 11 3. Provision of_Public Services The City shall provide the highest available levels of public services throughout the redevelopment project area These services may include police,fire,health, social services, insurance, counseling, and other types of services which support the objectives of this plan. In addition, the City shall take administrative actions which expedite the review of, and action on,development proposals. 4. Funding and Economic 1?gvelopment The City shall actively pursue all possible sources of funding for the achievement of plan objectives. This may include,but shall not be limited to: bond issues, loans,grants, general fund expenditures,tax increment financing, special assessments,participation in federal programs, county and state assistance,joint exercises with other units of government, cooperation and coordination in joint development mixed-use projects with private and public agents, sale of property or services,revenue financing,tax abatement and other benefits, solicitation of developer offerings, and other authorized and legal actions. The City may engage in special economic development actions within the project area. It may package development proposals and coordinate and solicit such proposals. The City may provide special counseling and technical assistance to businesses willing to locate within the project area. 5. Preparation of Land for Redevelopment The City shall undertake a variety of actions to prepare land for redevelopment. These may include: a. Acquisition Purchase, lease,obtain options upon, acquire by gift, grant, bequest, devise, eminent domain or otherwise,any real or personal property or any interest therein, together with any improvements thereon,necessary or incidental to achievement of plan objectives b. Clearance and Land Preparation Hold, improve, clear or prepare for redevelopment any such property. 12 c. Disposition Sell,lease,exchange, transfer,assign, subdivided,retain for its own use, - mortgage,pledge, hypothecate or otherwise encumber or disposal of any real or personal property or any interest therein. d. Contracts Enter into contracts with redevelopers of property containing covenants, restrictions and conditions regarding the use of such property for residential,commercial,industrial,recreational or other purposes,or for public purposes to achieve the objectives of this plan. e. Covenants Make any of the covenants,restrictions or conditions of the foregoing contracts into covenants running with the land,and provide appropriate remedies for any breach of any such covenants or conditions, including the right in the municipality to terminate such contracts and any interest in the property created pursuant thereto. f. Subdivision The City may subdivide,vacate,resubdivide, or otherwise change the recorded arrangement of property under its control in order to accomplish the objectives of this plan. 6. Rehabilitation of Structures The City may participate in, and support efforts to,preserve and rehabilitate structures to achieve a long-term sound condition. Determination of structures for rehabilitation may be based on historic, architectural, or cultural merit of the structure; condition of the structure, condition of surrounding structures, lot size, layout, accessibility, and usefulness. 7. Removal or Installation of Public Improvements and Facilities The City may arrange or contract for the furnishing or repair,by persons or agencies,public or private, for services,privileges, works, streets,roads,public utilities or other facilities required to achieve plan objectives. 13 E. MANAGEMENT& IMPLEMENTATION OF THE REDEVELOPMENT PLAN Sections.B and D describe the objectives and plan for the project area. Section C describes the types of actions which may be taken to improve the area. This section describes a procedure and a program by which these actions may be implemented to achieve plan objectives. 1. Activities to be Undertaken by the City By itself, and/or in cooperation with other responsible departments of government and private agencies, the City will: a. Conduct studies and analyses and prepare plans,project proposals, budgets,contracts, recommendations for codes and legislation applications, and other documents and materials required to advance the implementation of plan objectives. b. Prepare and disseminate informational, educational, training and marketing material; convene and otherwise initiate and participate in planning,marketing,negotiating,and other meetings and activities for the purpose of advancing the objectives of the plan. c. Implement or carry out any plan,project, or operational activity directed and approved by the City Council and for which adequate resources are • available,This may include the construction and operation of parking, pedestrian,park, recreational, educational, or other facilities and/or the promulgation and administration of leases, regulations, fees, insurance' programs, subsidies,cost-sharing, and other measures required to achieve plan objectives. d. Make and enter into contracts necessary or incidental to the exercise of its powers and the performance of its duties, subject to the limitations of its other powers and resources, e. Collect, accept, and disburse funds,property, services, and other things of value from donations,grants, fees, rents,use charges,tax levies,and other sources, subject to overall budgetary and program approval by the City Council, for the purpose of achieving plan objectives. f. Do other things which are legally permitted and are required to implement the plan. 14 2. Downtown Improvement Budget and Program The City will prepare both an annual and a long-term budget and program for its activities and for project area improvement. This budget will identify project and program expenditure categories as specifically as possible as well as sources of funding. It will be submitted to the City Council for approval through normal budgetary review processes. No expenditures or binding commitments for expenditure may be made which are not part of a budget approved by the Council. In addition to the budget, a program of projects and actions in sufficient detail to identify specific annual and general long-term objectives will be presented. When approved,this program will be used to guide the City's activities for the relevant budget and program period. 3. Project and Action Proposal Review Any project or activity to be undertaken in the project area,privately or by a public agency,which requires public action or approval will be subject to review by the City. The City will assure adequate coordination of advice and review by different departments of City government and of other affected governmental entities. The City will develop and publish criteria and procedures to govern this review process. These will detail the following general guidelines: a. Any project or activity proposal may be presented to and discussed with the City and the City may provide advice and technical planning or similar assistance related to such proposals on an informal basis subject to its published cri`cria and procedures. b. All formal requests or applications for public action and all public project proposals will be submitted to the City for review. At its discretion, with — exceptions as noted below,the City may issue a report reviewing and commenting on the impact of the proposal upon plan objectives. c. For all proposals requiring City Council action, a report shall be prepared which: I) Describes estimated costs and impacts of the proposal in relation to plan objectives. 2) Delineates the nature and scope of public actions and commitments required, including both those to be taken directly by the City and by other units of government. 15 3) Describes the methods by which required public actions and commitments will be met,including funding, organizational, procedural,legal, and other steps and assignments of responsibility. 4) Presents budget, approvals, agreements, opinions and/or other evidence indicating the feasibility of required public actions. • d. - For all proposals requiring City Council action and for such others as it may deem appropriate, the City will develop and implement procedures which will assure adequate public review and which will meet all legal or administrative requirements for public hearings. 4. Financing In addition to financing which may be required in connection with specific project or actions proposals, sources of funding will be established to provide for the on- going activities of the administration of this plan and the provision of technical and other assistance required to achieve plan dbjectives - 5. A Statement of the Proposal Method of Financing the Redevelopment Project The City shall provide financing for this project from a variety of sources, including advances, loans, grants and contributions,property tax increment financing, and such other legally available funds, all as may be determined and specified to be applied to the financing of the project in the redevelopment improvement budget and program. The proceeds derived from the property tax increment provision herein shall be for the exclusive use of the implementation of this plan. 6_ - Property Tax Increment Provision A portion of the cost of financing the project,pursuant to this redevelopment plan, will be provided by loans, moneys,advances or other indebtedness,whether or not evidenced by bonds incurred by the City of Apache Junction and payable from property tax increment funds, as authorized by Arizona Revised Statutes, Section 36-1488.01,as amended. The proceedings of the Mayor and Council of the City of Apache Junction, authorizing the issuance of bonds or advances of moneys or making of loans or the incurring of any indebtedness by the City to finance, in whole or in part,the redevelopment project,may pledge the property tax increment funds,with respect to the project,to the payment of the principal of, and interest on, such bonds, loans, advances or indebtedness, subject to the hereinafter described limitations: 16 a. Limitation on Period for Collection and Allocation of Tax Increment Revenues The collection and allocation of tax property increment funds for redevelopment shall be limited to a period not exceeding thirty (30)years from the date of the first collection and allocation of said tax increments. -. For purposes of collecting and allocating tax increments pursuant to this redevelopment plan,the 1997 assessment and tax roll,shall be used in collecting and allocating said tax increments. b. Allocation and Application of Tax Increment Revenues Starting with the first tax year beginning after November 1, 1998, any ad valorem taxes levied by or for the benefit of any taxing agency,as defined in the Arizona Revised Statutes, Section 36-1488.01,A.2., on land, real property,personal property or other property not otherwise exempted with respect to the assessed valuation of property within the redevelopment project area in excess of the assessed Valuation of such property as shown on the 1997 assessment and tax roll,shall be paid into a special tax increment fund, to be established by the Mayor and Council of the City of Apache Junction and shall be used for the payment of costs associated with the implementation of the Redevelopment Plan. F. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIREMENTS 1. Boundaries,Existing Use and Condition. General Land Use Plan.and Information Showing Standards of Population Densities.Land Coverage. and buildings in the Area after Redevelopment Information on boundaries, existing use and conditions, and the general land use plan has been previously discussed. The boundaries of the redevelopment project are described in section A of this plan. Existing land use and property conditions are also described in Section A. The general land use plan and information showing standards of population density,land coverage, and buildings in the area after redevelopment are discussed in Section D. 17 2. A Statement of the Proposed Changes. if Any.in Zoning Ordinances or Maps, Street Layouts. Street Levels or Grades, Building Codes. and Ordinances The scope of redevelopment is large and the time of implementation long. It is unreasonable, at this time, to project a comprehensive list of changes which could be needed to implement this plan. Instead, the implementation of this plan shall be incremental, and changes to the above shall be made as necessary during the administration and implementation of this plan. The City shall project changes in the CRA budget and program and the project and action proposal review procedure in order to involve the public in decisions regarding changes to be made in the project area. 3. A Statement as to the Kind and Number of Site Improvements and Additional Public Utilities which will be Required to Support the New Land Uses in the Area after Redevelopment The number(s) and kind(s) of site improvements and public utility(ies)will be determined through the CRA improvement budget and program and the project and action proposal review processes. All improvements shall conform to the objective of this plan. G. PROCEDURES FOR AMENDING OR SUPPLEMENTING THIS GENERAL PLAN From time to time the general plan may be amended by the City Council, providing that adequate notice has been given and public hearings have been conducted as required by law. Council consideration will include review and recommendations. If changes are proposed for the general plan after the lease or sale of property in the project area, the modification shall be consented to in writing by the redeveloper(s) of any property affected by the proposed modification. As appropriate, disposition,rehabilitation,land acquisition and clearance, and other specific activity supplements may be added to this plan. 18 H. CROSSROADS REDEVELOPMENT AREA A CRA Advisory Committee shall be appointed by the Mayor and Council. This seven- member Committee shall serve four-year overlapping terms. The function of the Committee will be to advise City staff and the Mayor and Council on the CRA activities. I. EXHIBITS 1. Legal Description Legal Description The description of the territory proposed to become the Crossroads Redevelopment Area, is as follows: That portion of Section 16,20, and 21, Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian,Pinal County, Arizona,described as follows: The East half of the Northeast quarter of Section 20; Beginning at the Southwest corner of the Northeast quarter of Section 20;thence North 823.25 feet along the West line of said Northeast quarter,thence East 40.00 feet;thence North 187.97 feet;thence East 921.41 feet; thence North 270.00 feet;thence East 298.70 feet to the West right of way line of Plaza Drive;thence the following 3 courses along said West right of way;North 728.16 feet,Northerly 100.30 feet and North 498.08 feet to the North line of said Northeast quarter of Section 20;thence East 33.00 feet;thence South 2640 00 feet to the South line of said Northeast quarter of Section 20; thence West 1320.00 feet to the point of beginning; and The North half of the Southeast quarter of Section 20; The North 660 feet of the Northeast quarter of the Southwest quarter of Section 20; The South 148 feet of the Southeast quarter of the Northwest quarter of Section 20, The West half of the Southwest quarter of the Southwest quarter of Section 16; The Northwest quarter of the Northwest quarter of Section 21, The West half of the Southwest quarter of the Northwest quarter of Section 21; The Northwest quarter of the Northwest quarter of the Southwest quarter of Section 21; The Southwest quarter of the Northwest quarter of the Southwest quarter of Section 21; 19 The West half of the Southeast quarter of the Northwest quarter of the Southwest quarter of Section 21; The Southwest quarter of the Southwest quarter of Section 21. - • 20 .0.0. •••-• •••••. • FIGURE 1 • CROSSROADS REDEVELOPMENT N ........, AREA . ..... IA I e • .. I AZ STAll LAP27 _0,1...10 g CITY NALL 1 i COW= I . SUPERSTITION BLVD . E SUPERSTITION KAM . ..".--61':-1" Ate2 LH L in al i ! 101 •••• .......7...... ' .. 1.•,,. , ._.I._ .,J..••;—M• .,__„,_.,.-•—7-• 'r,=,___,.• RP 1_, I ' 1 1111 P1NAL i • 33.3c =1=--- . . ------ • . • It g ,J,L_ • • — -3-20.--.Ti"--. - 1 .70 I COMM' ID 111 COMPLEX :._____1, I o• a I,-o="0--. • 0 AV -7 0 so a ___1„_. .• = a =•-7.--... 7 ..-7-je m 7.. . a •r • I i a:Pi • T----MIC_.___ __........ 4.= .7- • 20 1 I 7 so _ 4. ..., a s_,._ir..„,____. • ; 1 n I i 6 , • ______. 2 ...-';'• --; .7.---r—'• " 2" :i • ...--r--....e• • 9• • ii 1 • I , 331 , i.. As 1 1 a 1 ••A•••••••• . a. A 1 1U ; 11 . e n ,,,••• • 441.. ","*. ____ ____r"•-r...7.'''-. I FL a 4e. .---• 0 1 6 i• ••••• ••• . ------r—e-•; 17 i r 4A I I0 .•1 1/ •.• ••••••a/_s41•,.P_"',,- ,i I IS 7.'••4 •3i9, 7ir../7. f. ' IA Ii . - .... 'IA Da. - • .—. r•lgc I is i:. 21A . ' ...... .inr_________ • ..., 7 I lac ion 1 \n i n . _ w APACHE TRAIL I 2 •... ........I 7i so 4 A 0 ------ -----31-7-Er"......• ' an .c .1, t..r....... a ._ It 1:1-4 I li . , ..... iu J.I. -. 3 , , rt w.„ . 3 57, .. •, ,1.---,1 If g 10 , - ...=. II j g 4,- . 'Ma 14 2 , 17 140 . —IMF= = . I.i •T's-Air. I • co , 2 .° , . •000_k_i 4 01 .° —11- . .._•-• 7-111-__I=.12iii . 'i 7 .-_ i..7 7. —i--- - IP Ig — 71.11-4-4—.C3 G . I 0 ,,, .fti•.1..•RA l 7i-•••••-••• I It — .....4 aj_L• .2.4.1.je a..14.,: . I ._, ' I . • . I ji.Az ._Lx.11 *IS-11.3.2 fIlv ••000, d t-......- -4 : i . .1- 04.---jr-4 P i ,t I •••...,4 j •• -,.. 1 II +6. 2 ;•• ..„..... ...ri..,, .....,,, ......EL 1 , 32 •• : li. a. . -- 2. .r-IJJL ...M. -.-----• ". 02 no A 1._r_ oo,..1.2 L 2 e i --r 44c—'1 .R. mj_.it o. 4.La ,‘,." '40,4 - •• :•••:o IS ,---: Je.3•Lot• a IA la Ezt•X110,----- - .' • ; 70 I a : 11.4.;••• 17 a osc • _ __ UM 14.0-1.1-0,.M • -.•...,Z..0-2.!.02.2!As 0'.:-..'''.•0L-72 ".. 1 z A a or a. .• ,.„, ,...a i , 74 as im L PROADIVAY AVE. SOURCE: Development Services Department, City of Apache Junction May 6, 1998 rem irron REDEVELOPMENT AREA FIGURE 2 :-?..:::'_:::'_::: --.71-::-.4::_=:-::::::7::::"---E:::_=====±: SCALE• 6 '~' dd0 2840 FEET --' ' ', - f - -. - —' j • � , CITY / HALL -/---___Bil'C:13. ;.-:: , ...... ...•:.:..,..... „Hr68 ,,._ ........... ....... ...... ..... ..:.:.: :.:.:::. :.:.:.:. ....... ..: -' / i. p ,r.' •� .. ,,�. I s_- � _ �/%%/ :r. `C'__//1 -6 GIG ., =I: ::... mars _:t_ �, :ate :, >z , . r-=—;F= :�•�c:�z: - --s:•:;:•: -. :__. - - .unl,�! C , — Junction D :.� . 1; _ _ • r �:: :: _ ' : i:iiiiiii 7 ••• - {_1 L . ,...:::.:, _ , „..:.:_:_::::.:::::.......:„..:.:.....:. ..„:„..,„„i: -...:_. .,..rmr rrr-r:TrAi:EiK:•Ki -r • i ..:C.:.:•:-1 .--..... :.: ,-, r I ..-.ram'�>•`i /• �.:• .-- ,,,4 1 ./.,. .::.•.v.;.,.•.,., - - Ly - J r I r ... ......z. . , ..i.„.. , •.:1`r :•i:•,L•` � r►y:' ram•-7!_�'�iii�.'(t r F.•' --.__:•...:. :•....:_:.• L LLf 1 1M.E. 1 i -%iiI.E: K.:. :`.R:`S:a>__, ;::;;.....:::::,.. Int l . ::i, 1 av1- .i . 1 + ► r 1, 7 -:•i••:-i-i:'rl il/..,I.P.,ty.':r ? : 1 e////l//I//i7�7�ln� r--- - - =---,- Broadway Am EXISTING LAND USE = JJa�rr(( �-7 CITY OF APACHE JUNCTICN, ARIZONA E LIlI�Iib! :.X1ST 1993 Itwln�{�: II LEGEND ^ RESIDENTIAL •::j;y" r ' :?T Ma MINING �: :•.• •:.•::•.: . ;� SINGLE FA;,11L, CC"• :::::I:7T'Z f"'-yy . `■ MULTI - __, A 0 E SPACE �L ... - ---'-:=a MOBILE HC'.4E MOBILE HOME SL'3DIVtSION - - r.• r• PUBLIC/QUASI-PUBLIC :'; i 's,�t: IlEll MOBILE HOME/TRAVEL TRAILER/ ' r. SCHOOLS, GOVERNMENT FACILITIES, UTILITIES *: : 3':+4•1 �•'^r RECREATIONAL VEHICLE PARK r, r • WATER TANK. WATER PUMPING FACILITY `�� -• �•• :COMMERCIAL ♦ FRATERNAL ORGANIZATION I (� i1 !;: �:'`- ao POST OFFICE I 114 I.' `�•. FIGUJRE 3 • BUILDING CONDITION PERCENTAGE OF DISTRICT Exceeds Standard 3% Standard 7% Sub-Standard 70% Vacant 20% FIGURE 4 REDEVELOPMENT AREA I - - Superstition Blvd f ' - • -Ft it ''_'�::;�•4-I r 4 % 4 , lYA i 4.1/�wfy g A `''* � .,,.`ma's a~ 0 i. N 73 ,FFLF ; 4� ' Z- �1 PN iW f4 �' 1:ase P.~ t Junction Dr W. Apache Trail t., • IV.i...i..grAi•'._Ii•t gr. ' *..jf. •.12..(.1: .144. 4. ,_ . _ ._tv,_,„,,,..A.rf.4...,, .,...1„..„,i,.,.re r_:... „..*„. ,-.-, _.,.....-,„:„,4% __ 1...,_ raL.w t,.4. -r r' ,,;,iI T. Ny;7,7 wr_ 01.7- 4t,.p. ,,T.Li +ter,. 1 rt.',':' ; '._;i�.- i , 4-*- y t rt.1 . ri; iY ci. t 4,i._".o... G' 1. is `1s FI •: ��jY��y(. Y f�j Mt 04 . rj A 1•• 4. `I ly t N4Jt`s�,st...n. ,. ; Broadway Ave LEGEND MPROFESSIONAL/GOVERNMENT OFFICE %IULTIPLE FAMILY RESIDENTIAL Source: Development Services Office GENERAL COMMERCIAL City of Apache Junction ® N DISTRICT BOUNDARY May 20, 1998 C:RDDISTRDPLAN97GENERAL.WPD Paul E Michaud In. Ali , -�� City of Apache Junction, Arizona 300 E Superstition •+ Boulevard hi Si Agenda Item Cover Sheet Apache Junction,AZ 85119 ‘Ikkl.er* Agenda Item No.3. .4t--:,:i File ID: 13-333 Sponsor Heather Patel Agenda Date. 11/4/2013 Index Community Development In Control. City Council Work Session Presentation and discussion on proposed Resolution No 13-37, committing local funds as leverage for the Fiscal Year 2013 State Special Projects grant application Presentation and discussion. The City of Apache Junction is submitting a grant application for street improvements under the Fiscal Year 2013 State Special Project grant program As part of the application requirements, a resolution is required if local funds are committed Attachments. Staff report 13-37 pdf, Resolution 13-37 pdf City of Apache Junction,Arizona Page 1 Printed on 10/28/2013 _ CyP HE,1 O a n� .z City Apache ache Junction p 4R' Development Services Department MEMORANDUM r, DATE: October 23,2013 TO• The Honorable Mayor and City Council THROUGH: George Hof man, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM. Heather Patel, Grants Coordinator SUBJECT: Presentation and discussion of proposed Resolution No. 13-37,committing local funds as leverage REQUEST Staff respectfully requests the city council review and discuss proposed Resolution No 13-37 committing local funds as leverage for the fiscal year 2013 State Special Projects application. BACKGROUND The City of Apache Junction began the public participation process for fiscal year 2013 ("FY13")in November 2012 to identify the project(s)to be submitted under the Community Development Block Grant and the State Special Project("SSP")programs The city may submit an application for the SSP funds in an amount not to exceed$300,000 to be used over a two year penod of time SSP funds are a statewide competitive grant The city may retam up to 18%of the funds for administrative costs. The application due date is December 2,2013 On May 6,2013, the city council adopted Resolution No 13-16, authorizmg the city to submit an SSP application for street improvements to the Pueblo del Sol neighborhood Requirements of the application process mclude the completion of the design and engineering. Public Works—Engineering contracted with Atwell to complete this process Based upon the plans and recommendations by Atwell the city will submit the application to complete the following. 1) Street improvements including paving portions of Pinyon Dnve and Cody Street, 2) Dramage improvements including channel gradmg and the installation of a valley gutter, and 3) Sidewalk improvements mcludmg sidewalks, curb&gutter along Pinyon Drive and Cody Street. DISCUSSION Atwell's opinion of probable cost for the construction of the project is$299,320 Taking into consideration the allowable amount for administration of 18%or$50,680, the total proposed project cost will be$350,000, of which$300,000 is the maximum allowable amount through the grant As part of the application requirements for submission of an SSP application, a resolution is required if — local funds are committed to the project Under the SSP program, leverage fundmg is ranked and rated higher when applications are being reviewed. The resolution binds the city to leverage fundmg if the submitted application is awarded. Should the application(s)be denied, the city is not liable for these funds RECOMMENDATION Staff respectfully recommends that the city council review and discuss Resolution No. 13-37. ACTION REQUIRED Review and discuss Resolution No. 13-37 ATTACHMENTS Attachment One Resolution No 13-37 AM Ms RESOLUTION NO. 13-37 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, COMMITTING LOCAL FUNDS AS LEVERAGE FOR FY 2013 STATE SPECIAL PROJECTS ( "SSP" ) APPLICATION (S) .� WHEREAS, the City of Apache Junction has adopted Resolution No. 13-16 which authorizes submission of an application (s) to the State of Arizona Department of Housing ( "ADOH" ) for SSP Funding, and WHEREAS, that application (s) indicates that $50, 000 will be committed by the City of Apache Junction as leveraged funds, in the form of cash or resources to be used to complete the project; and WHEREAS, the CDBG Program requires that all local leveraged funds/resources be committed in the form of a resolution by the governing body, and that such a commitment contain an opinion by the applicant ' s legal counsel that the leveraged funds represent a binding commitment, legally enforceable under State law NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: 1) The mayor and city council hereby commit $50, 000 in funds 00. and resources to the FY13 SSP Program, to be used for project costs, contingent upon the receipt of the grant assistance 2) That the mayor and city council of the City of Apache Junction hereby find that this commitment is legally binding based on the legal opinion of the city attorney, and that such funds will be available for an audit at the termination of the grant, if so required by ADOH RESOLUTION NO. 13-37 PAGE 1 OF 2 Amok .01. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2013 . SIGNED AND ATTESTED TO THIS DAY OF 2013 . AM Mi• JOHN S INSALACO Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J. STERN City Attorney RESOLUTION NO 13-37 PAGE 2 OF 2 >RBoulevard ' City of Apache Junction, Arizona 300ESuperstition ; 111111111111> Agenda Item Cover Sheet Apache Junction AZ 85119 co,„ri Agenda Item No 4 File ID 13-337 Sponsor. George Hoffman Agenda Date: 11/4/2013 Index: In Control: City Council Work Session Presentation and discussion on proposed Resolution No 13-38, repealing Resolution No 04-28 in its entirety Resolution No 04-28 established a formal employee communications and problem solving policy Presentation and discussion Attachments. Resolution No 13-38 City Manager-Employee Communication Strategy, Resolution No 04-28 City of Apache Junction,Arizona Page 1 Printed on 10/28/2013 RESOLUTION NO. 13-38 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REPEALING RESOLUTION NO 04-28 IN ITS ENTIRETY WHEREAS, Resolution No 04-28 was enacted by the City Council as a stand-alone resolution on October 19, 2004 , which established a formal city policy entitled "Employee Communications and Problem Solving" ; and WHEREAS, the contents of Resolution No 04-28 are outdated, particularly since the city currently has fewer employees, fewer employee groups than it did in 2004 , and there has since been a decrease in budgetary funds for employee salaries and benefits as well as employee programs, and WHEREAS, the City Manager will, in the future, present to Council a revised employee communication plan NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS . SECTION I REPEALING RESOLUTION NO 04-28 All resolutions and parts of resolutions in conflict with the provisions of this resolution, including but not limited to Resolution No. 04-28, in its entirety, are hereby repealed. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013 . SIGNED AND ATTESTED TO THIS DAY OF , 2013 . JOHN S. INSALACO Mayor ATTEST RESOLUTION NO. 13-38 PAGE 1 OF 2 All. Aft. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD J STERN City Attorney Auk RESOLUTION NO 13-38 PAGE 2 OF 2 RESOLUTION NO. 04-28 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION. ARIZONA, ADOPTING A CERTAIN POLICY DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "EMPLOYEE COMMUNICATIONS AND PROBLEM SOLVING" WHEREAS, it is the desire of the Mayor and City Council to have an organization that is foremost in customer service, and WHEREAS, the Mayor and City Council recognize that effective internal communication and problem solving policies are vital to the overall integrity of the organization and a key component in providing quality customer service; and WHEREAS, the Mayor and City Council wish to obligate the City Manager, city management, supervisors and city employees to engage in a program of open communication and problem resolution by adopting a formal policy that addresses these issues. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: 1. That a certain policy document entitled "Employee Communications and Problem Solving" attached hereto as Exhibit A is hereby adopted. 2 That a certain policy document entitled "Employee Communications and Problem Solving" as referenced above, three copies of which are on file in the office of the City Clerk, is hereby declared to be a public record and that said copies are ordered to remain on file with the City Clerk and are available for public use and inspection. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION. ARIZONA, THIS 19TH DAY OF OCTOBFR , 2004. SIGNED AND ATTESTED TO THIS 19TH DAY OF OCTOBER , 2004 104-....0a1 /Alpi.,‘",..e.4..--__. DOUGLAS OLEMAN Mayor ATTEST: RESOLUTION NO. 04-28 PAGE 1 OF 2 p /Mk e ,4- ( 7 /i' /re l ('. KATHLEEN CONNELLY / City Clerk APPROVED AS TO FORM <;a1 / 0-06-04 RICHARD J. STERN City Attorney RESOLUTION NO. 04-28 PAGE 2 OF 2 Exhibit"A" City of Apache Junction Employee Communication and Problem Solving Section 1. Purpose The citizens of the City of Apache Junction have a fundamental interest in the development and maintenance of harmonious and cooperative relations between the Mayor and City Council, the City Manager, Management, and Employees of the City; The Mayor and City Council, the City Manager, Management, and Employees of the City recognize that full communication and effective problem solving between the City and its employees can provide for a more effective and responsive organization and improved service to the community; The purpose of this resolution is to obligate the City Manager, management and supervisors, and employees to enter into open communication and dialogue for the purposes of enhancing and improving organizational communications, problem solving, and overall effectiveness Section 2. Fundamental Beliefs The Mayor and City Council desire an organization that employees are proud of and an organization which understands its fundamental purpose for being• to serve the community. Project Service Over and Above the Rest (S 0 A R ) seeks to achieve these objectives, the City Manager is therefore directed to continue Project S O.A R 's implementation Employees of the City of Apache Junction bring value to the organization and to the community. They deserve to be treated with dignity and respect The Mayor and City Council value fairness, employee participation, and believe that, in general, issues are best addressed at the level of employees closest to those issues. Section 3. Structure and Process Through Project S.O A.R., the City Manager is directed to involve dozens of employees This involvement shall occur on a project-by-project basis, with teams continually being formed, work performed, and team disbanded as projects are completed, communications enhanced, and processes improved. In addition to these ad hoc teams, the City Manager is directed to provide employees with meaningful dialogue through the following structure and process. Advisory Team Purpose and Objectives • The purpose of the Advisory Team is to provide the City Manager with employee perspectives on issues of organization-wide importance. For example, the Advisory Team will work with the Leadership Team in analyzing, assessing, and recommending administrative policies for the organization Page 1 of 9 • The Advisory Team shall provide a forum and process for addressing employee concerns that are of organization-wide importance. For example, if an employee were concerned that sick leave was being implemented differently in one department than in others, the Team could address the issue. • The Advisory Team shall not hear or address individual grievances or personnel matters. Those shall be addressed through the City's personnel policies or through a mediation process, as shall be described below Process 1. The Team shall meet on at least a quarterly basis and may meet more frequently if needed. If the Team wishes to meet on more than a monthly basis, it shall seek the permission of the City Manager 2 The City Manager and the Team shall have face-to-face communication at the initiation of either the Manager or the Team Face-to-face communication and dialogue are encouraged by the Mayor and City Council. 3 The Team may designate members from among its number to meet and coordinate with other teams or groups. 4 When making a formal recommendation, the Team shall do so in writing. If the recommendation seeks action from the City Manager, the City Manager shall have 30 calendar days in which to respond in writing. 5. The City Manager shall provide the City Clerk with a copy of his correspondence and that of the Team. He shall notify the Mayor and City Council that such correspondence has occurred Team Composition and Internal Leadership • In 2004, the core of the Team shall be comprised of current Advisory Team members. This team shall be comprised of approximately 20 full-time classified employees from a proportional cross-section of the organization, both by department and type of classification (e.g., clerical, professional, supervisory, etc ) It shall not include employees who are division or department directors It shall not include employees who are members of the Leadership Team. o For the purpose of this resolution a full-time classified employee is defined per the City Personnel Rules as unlimited and full-time • Approximately, but not less than, half the representatives of the Police Department shall be members designated by the AJPOA Board • For FY 2004-05, the Advisory Team shall retain its current members. However, the Team and the City Manager are tasked with developing a long-term plan to meet the objectives as noted above. The Mayor and City Council's expectation is that the team will periodically have new members so that there is not wholesale turnover of the team and so that there is some continuity on the team. Page 2 of 9 • The Team shall select its chairperson and vice chairperson and shall operate its meetings in a manner determined by the Team. Staff Support • Any minutes that the Advisory Team may choose to maintain shall be produced by a member of the team. Alternatively, the team may request that the Secretary to the City Manager keep a record of their actions. A representative or representatives from Human Resources shall attend Team meetings Classification and Compensation Team Purpose and Objectives 1. The purpose of the Classification and Compensation Team is to provide the City Manager with a draft Classification and Compensation Plan 2. The Mayor and City Council shall identify the labor market, indicate whether the study is to be market based, and provide any other such direction it may choose 3 The Manager shall review such plan and, with or without proposed changes, ask the Team to present the Plan to the Mayor and City Council for consideration and possible adoption Process 1. Currently, it is expected that the Team will meet every other year to review the plan, update the data, and recommend a new plan The frequency of the actual update shall be determined by the Mayor and City Council. 2 The Mayor and City Council understand that the development of Classification and Compensation Plans is often within the sole purview of Human Resource professionals. While the Mayor and City Council wish to pursue an employee-based development of the City's plan, they expect the Plan to represent the best practices known to exist within the human resources profession Therefore, with the structure and parameters as determined by the City Council, the staff of Human Resources shall provide the actual data gathering; presentation of the data to the Team in a useful format, provide technical, mathematical, and statistical assistance; and provide professional knowledge through their understanding of classification and compensation issues. 3 The Team may designate members from among its number to meet and coordinate with other teams or groups. 4 The Team shall designate a core group of members to meet with the Insurance and Benefits Team to develop recommendations concerning implementation of the Classification and Compensation plan. 5 Team shall provide its recommendations to the Leadership Team for review and comment prior to submitting its recommendations to the City Manager Leadership Team comments shall be advisory only to the Classification and Compensation Team Page 3 of 9 6. When making a formal recommendation, the Team shall do so in writing. If the recommendation seeks action from the City Manager, the City Manager shall have 30 calendar days in which to respond in writing. 7. The City Manager shall provide the City Clerk with a copy of his correspondence and that of the Team. He shall notify the Mayor and City Council that such correspondence has occurred 8. The City Manager may ask representatives of the Team to present their findings and recommendations to the Mayor and City Council. Team Composition and Internal Leadership • This team shall be comprised of approximately 20 full-time classified employees from a proportional cross-section of the organization, both by department and type of classification (e.g., clerical, professional, supervisory, etc.). It shall include employees who are division or department directors. • Approximately, but not less than, half the representatives of the Police Department shall be members designated by the AJPOA Board • The Team shall select its chairperson and vice chairperson and shall operate its meetings in a manner determined by the Team Staff Support • Any minutes that the Classification and Compensation Team may choose to maintain shall be produced by a member of the team. Alternatively, the team may request that the City Manager provide for secretanal support. • Human Resources staff shall provide for professional staff support as described above and shall be in attendance at meetings • The City Manager shall communicate with the Team as determined by the Team or the Manager. Informal dialogue is encouraged. Insurance and Benefits Team Purpose and Objectives 1 The purpose of the Insurance and Benefits Team is to provide the City Manager with employee perspectives on insurance and other benefits. The intent is to allow the City Manager and the Mayor and City Council to understand these complex issues from an employee point of view 2. The Mayor and City Council anticipate that the Team will meet on a schedule that allows it to inform the annual budgetary process Process 1. The Mayor and City Council understand that insurance and benefit issues are often within the sole purview of Human Resource professionals. While the Mayor and City Council wish to pursue an employee-informed development of the Page 4 of 9 City's benefits plans, they expect the Plan to represent the best practices known to exist within the human resources profession. Therefore, the staff of Human Resources shall provide for the actual data gathenng; presentation of the data; provision of data in a format useful to the Team; provide technical, mathematical, and statistical data; and provide professional knowledge through their understanding of insurance and benefit issues. 2 Any minutes that the Insurance and Benefits Team may choose to maintain shall be produced by a member of the team. Alternatively, the team may request that the City Manager procure secretarial support. 3. The Team may designate members from among its number to meet and coordinate with other teams, such as the Leadership Team. 4 When making a formal recommendation, the Team shall do so in writing. If the recommendation seeks action from the City Manager, the City Manager shall have 30 calendar days in which to respond in writing. 5. The City Manager shall provide the City Clerk with a copy of his correspondence and that of the Team. He shall notify the Mayor and City Council that such correspondence has occurred. 6. The City Manager may ask representatives of the Team to present their findings and recommendations to the Mayor and City Council. Team Composition and Internal Leadership • This team shall be comprised of approximately 20 full-time classified employees from a proportional cross-section of the organization, both by department and type of classification (e g , clerical, professional, supervisory, etc ). It shall include employees who are division or department directors. • Approximately, but not less than, half the representatives of the Police Department shall be members designated by the AJPOA Board. • The Team shall select its chairperson and shall operate its meetings in a manner determined by the Team. Staff Support • Human Resources staff shall provide for professional staff support as described above and shall be in attendance at meetings • The City Manager shall communicate with the Team as determined by the Team or the Manager Informal dialogue is encouraged. Leadership Team The City Manager is encouraged to avail himself of the talent of leaders within the organization. The Mayor and City Council do not wish to delineate in this resolution how Page 5 of 9 such a team might function but do encourage the Manager to retain and develop such a team. • For the purpose of this resolution only, for issues of classification, compensation, insurance, and benefits, the Leadership Team's function is to review and submit advisory comments to those teams respectively. Apache Junction Police Officers Association Context At the direction of the Mayor and City Council, the City Manager has engaged in dialogue with the Board of Directors for the AJPOA. Out of that dialogue came an expression by the AJPOA of their core interests The City Manager concurs with these interests which include but are not limited to: 1. An understanding and acknowledgement by the City Manager and the Mayor and City Council that there are issues within the Police Department that are unique and not experienced by other departments of the City and those issues will be addressed in a manner specific and relevant to the unique nature of the department. 2. It is mutually understood that there are some issues which may be city-wide, such as pay and some benefits, and 3. There is a general interest, when possible, in resolving issues at the lowest, least formal, and least adversarial level appropriate, understanding that not all issues can be addressed in this manner; and 4. The process should then involve access to the City Manager's Office; and 5. There should be a group of people within the Police Department who are authorized, permitted, and tasked with bringing issues forward; and 6. The process should be formalized so that issues are not forgotten, so that they do not"fall through the cracks", and 7. The process should have specific time penods associated with addressing the issues; and 8. The process should result in a formai written document and be utilized. Purpose and Objectives • The AJPOA serves within the Police Department as a group of people who is authorized, permitted, and tasked with bringing forward issues specific to the Police Department. Process 1 The City Manager shall meet with the AJPOA Board no less frequently than every six months for at least four hours per meeting. If mutually desired, meetings can occur more frequently. This minimum number of meetings, or frequency of meetings, may only be reduced if mutually agreed upon by both parties 2 The City Manager and the Association shall formalize in writing the statement of concern and the solution or course of action agreed to. A copy of this shall be retained by the AJPOA; by the Page 6 of 9 City Manager (consistent with Public Records law); by the City Clerk (consistent with Public Records law); and copies distributed to the Police Department and to the Mayor and City Council. 3. By mutual agreement the AJPOA and City Manager may invite others to attend. 4. The Mayor and City Council encourage the Chief of Police, like all department directors, to actively communicate with; problem-solve with, and actively seek to resolve issues with departmental employees. 5 The Chief of Police and the AJPOA shall commence meeting within 30 days of the adoption of this resolution and shall establish a regular meeting schedule. Issues of concern shall be addressed at those meetings and documented appropriately. 6 Issues of concern that are unique to the Police Department shall first be addressed with the Chief of Police If the AJPOA and the Chief of Police are unable to arrive at mutual agreement, the AJPOA shall advise the Chief that they intend to take the issue to the City Manager. The AJPOA will then set forth their issues and concerns in writing to the Chief. The Chief shall then provide the AJPOA and the City Manager a written communication describing his/her perspectives on the issue within 10 business days. 7 In the event that the AJPOA and the City Manager do not reach an agreement, the AJPOA shall, within 20 business days, set forth its issues and concerns in writing, along with its recommended solution. The City Manager shall have 20 business days in which to respond in writing A copy of this shall be retained by the AJPOA, by the City Manager (consistent with Public Records law), by the City Clerk (consistent with Public Records law); and copies shall be distributed to the Police Department and to the Mayor and City Council. 8 In the event that the AJPOA and City Manager do not see issue resolution in the same way, both are encouraged to utilize outside mediation or facilitation services as provided by such organizations as the Federal Mediation and Conciliation Service.9. Like the Advisory Team, the AJPOA and the City Manager shall not hear or address individual grievances or personnel matters. Those shall be addressed through the City's personnel policies or through a mediation process, as shall be described below. 10. This section shall in no way abridge the ability of the AJPOA to assist employees through the grievance process as provided through the Weingarten ruling, City Personnel Policies, and Police Department Policies. 11. Members of the Board (up to, but not exceeding, five in number) shall be considered "on the clock" when meeting with the City Manager and/or Chief of Police; that is, hours spent meeting with the City Manager shall be considered hours worked The AJPOA shall attempt to provide the Chief with notice of meeting time sufficient so that schedules can be revised, alternatively, if schedule revision is not feasible, time spent with the Chief or Manager shall be allowed and compensated consistent with the City's Personnel Policies. Page 7 of 9 12. Each of the elected board members of the AJPOA shall be allowed to use up to 25 hours of on-duty time to prepare for and conduct meetings with the Chief of Police and City Manager as described above. This amount may be increased with the mutual consent of the AJPOA, Chief of Police, and City Manager Staff Support Board Members of the AJPOA shall come to be on the Board based on the internal rules for the Association. The City Manager shall have no role in their selection. No technical support is contemplated for this Team. Ad Hoc Mediation Team The Advisory Team, in discussing communication and problem solving for the organization, brainstormed the possibility of an informal process to resolve employee-to- employee or employee-and-supervisor concerns. It is only a concept at this time. Purpose and Objectives • The City Manager, in conjunction with such Teams listed above, shall explore the creation of Ad Hoc Mediation Teams. Such teams are conceptualized as being an informal problem-solving approach by which an employee might address a concern with a coworker or with a supervisor. It would not be a grievance process. Rather, it would focus on communication and problem solving in an informal context. Process • One process might be one wherein each party could select two coworkers to assist with the problem resolution Those individuals, perhaps with a mediator/facilitator, could meet to address concerns. The City Manager is directed to provide the Mayor and City Council on findings for this concept in his summer of 2005 progress report, as referenced below. Section 4. Implementation City Manager "City Manager" may mean the City Manager himself or it may mean his appointed designee. The Manager is encouraged to take an active and direct role in working with employees; it is also understood he is one person with a wide range of responsibilities and obligations Unforeseen Issues As a very broad-based initiative, this resolution anticipates that not every implementation issue shall have been conceived of, contemplated, or included in this resolution. Therefore, this resolution provides several approaches for implementation guidance. Page 8 of 9 First, the City Manager and all employees are directed to the Purpose and Fundamental Beliefs as described in Sections 1 and 2 above for the basic spirit and intent of this resolution. Second, the Advisory Team is tasked with interpretation decisions for all aspects of this resolution, with the exception of those sections concerning the AJPOA. The AJPOA and the City Manager shall problem solve as set forth in the outline above. Third, the City Manager is tasked with returning to the Mayor and City Council in the summer of 2005 to provide a progress report Issues needing clarification shall be addressed with the Mayor and City Council. Training The City Manager, after consulting with the Teams noted above, shall request resources in the FY 2005-06 budget for training Areas for training are contemplated at the time of this resolution as potentially including, but not being limited to: • Interest-based communication. Interest-based communications is envisioned as a process that o is a non-adversarial problem solving technique, o focuses on interests rather than positions, o involves an open process of sharing information and goals, o seeks to achieve mutual gain • Training persons to serve as facilitators for such groups as the Advisory Team; the Classification and Compensation Team; and the Insurance and Benefits Team, for example • Training persons to serve as peer mediators. The City Manager is encouraged to "lead by example" in finding and receiving training in these areas. Section 5. Evaluation This resolution does not anticipate that this first model will be the perfect model forever. Therefore, the City Manager is directed to bring back an evaluation of this resolution, its implementation, its efficiency and effectiveness, and its consequences to the Mayor and City Council in the summer of 2006 for Mayor and Council consideration and possible revision The Mayor and City Council recommend that an Evaluation Team be formed to solicit comment from such interested parties, such as the Advisory Team, the Classification and Compensation Team, the Insurance and Benefits Team, the Apache Junction Police Officers Association, and the Leadership Team, for example. Page 9 of 9 , ��=►,, City of Apache Junction, Arizona 300E Superstition e` Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 5 File ID 13-330 Sponsor. Kathy Connelly and Donna Meinerts Agenda Date• 11/4/2013 Index: In Control City Council Work Session Discussion on proposed Ordinance No 1395, amending the City of Apache Junction City Code, Section 4, Fees, by adding Article 4-2, Returned Payment Fees Presentation and discussion. Ordinance No 1395 is the result of the discussion on returned payment fees that council had on September 16, 2013 Proposed Ordinance No 1395 is scheduled for consideration at the November 19, 2013 meeting Attachments. Ordinance 1395 final version City of Apache Junction,Arizona Page 1 Printed on 10/28/2013 ORDINANCE NO . 1395 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 4 FEES, BY ADDING A NEW ARTICLE 4-2 RETURNED PAYMENT FEES; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, Arizona Revised Statutes § 44-6852 allows for the collection of a service fee plus actual charges assessed by the financial institution of the holder, payee or assignee of the holder or payee, resulting from a dishonored check; and WHEREAS, modern technology provides for the use of other forms of electronic payments including debit cards, credit cards, automated clearing house ("ACH") transactions and other acceptable forms of electronic payments; and WHEREAS, the City of Apache Junction experiences a measurable number of returned as dishonored or refused transactions each year; and WHEREAS, under present city codes, the City of Apache Junction cannot assess returned payment fees for payments returned by financial institutions; and WHEREAS, for accountability and budgetary efficiency, it is necessary to adopt a returned payment fee applied to persons who cause items to be returned to the City of Apache Junction by financial institutions for non-payment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code, Volume I, Chapter 4 Fees be amended by adding a new Article 4-2 Returned Payment Fees, to read as follows : ORDINANCE NO . 1395 PAGE 1 OF 3 Article 4-2 Returned Payment Fees A. Whenever the city is paid any fees authorized or required by this code, or for any services or commodities in the form of a check, debit card, credit card, automated clearing house ("ACH") transaction or other acceptable form of electronic payment and the financial institution refuses Aar payment of the amount, a fee as outlined in Arizona Revised Statutes § 44-6852 plus any directly related costs, including but not limited to postage and special postal handling charges, shall be charged to the maker for each check, debit card, credit card, ACH or other acceptable form of electronic payment that is refused B. Any debt to the city for which a check, debit card, credit card, ACH or other form of electronic payment has been tendered and returned by any financial institution, shall be satisfied by payment in full of the amount, including the returned payment fee, as outlined in Arizona Revised Statutes §44-6852, plus any directly related costs including but not limited to postage and special postal handling charges . Payments shall only be accepted in the form of cash, cashier' s check or money order. C. The city may use any legal means to collect amounts owed to it including returned payment fees The city' s legal remedies shall include, but are not limited to, the filing of a legal action in a court of competent ]urisdiction. Should a legal action be filed, recovery may include the city' s reasonable attorney' s fees and court costs . '.... D. The city may waive any additional fee pursuant to this section in a situation in which the payment was dishonored for reasons beyond the maker' s control . SECTION II : REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III . PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent ORDINANCE NO . 1395 PAGE 2 OF 3 jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV: DECLARING AN EMERGENCY The immediate operation of the provision of this ordinance is necessary for the immediate preservation of the public peace, health or safety, and that an emergency is hereby declared to 'E%, exist; and this ordinance shall be in full force and effect from and after its passage, adoption and approval by the Mayor and City Council of the City of Apache Junction. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013 . SIGNED AND ATTESTED TO THIS DAY OF , 2013 . John S. Insalaco Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1395 PAGE 3 OF 3