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2013 12.03 City Council Regular Agenda
i Meeting location ,, " •., City of Apache Junction, Arizona !+ ' City Council Chambers at City Hall Agenda 300E Superstition Blvd Apache Junction,AZ 85119 City Council Meeting www ajcity net Ph (480)982-8002 Tuesday,December 3,2013 7:00 PM City Council Chambers AIN A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda 1. Acceptance of agenda Consideration and action 2. Approval of minutes of regular meeting of November 19, 2013 Consideration and action. 3. Consideration of approval of the second amendment to the lease agreement between Verizon Wireless and the City of Apache Junction for location of communication equipment on city property Consideration and action 4 Consideration of approval of Resolution No 13-39, a resolution of the mayor and city council authorizing the city to enter into an intergovernmental agreement with Pinal County Flood Control District for the construction of the Broadway Avenue /Delaware Drive intersection drainage improvements Consideration and action E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clanfying comments related to substance, time and location City of Apache Junction,Arizona Page 1 Printed on 11/25/2013 City Council Meeting Agenda December 3,2013 G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city There shall however be no discussion at this time except for clarification inquiries 5 City manager's report Presentation and discussion. 6 Presentation and discussion on the Culture Pass Program offered at the Apache Junction Library Presentation and Discussion. H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak All remarks shall be addressed to the council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor This time limitation shall not apply to applicants and their agents appeanng before the council I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a wntten request-to-speak form with the city clerk J. NEW BUSINESS The council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters 7. Direction to staff on preparing agreements for FY 2013-14 human services funding Direction to staff. 8 Direction to staff to move forward on implementation of the development fee update timetable Direction to staff. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 9. Executive Session at 5 45 P M and Work Session at 7 00 P M for Monday, December 16, 2013 10. Executive Session at 5 45 P M for Tuesday, December 17, 2013 Other meetings if necessary M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda All speakers must have already submitted a wntten"Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda If there is a group speaking on the same item, they City of Apache Junction,Arizona Page 2 Printed on 11/25/2013 AEI& Oahe City Council Meeting Agenda December 3,2013 should select a spokesperson All such remarks shall be addressed to the council as a whole and not to any member thereof The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion 1)respond to criticism by a speaker, 2)ask the city manager to review a matter, 3)ask the city manager to place the matter on a future agenda Each speaker must approach the podium, speak into the microphone,provide their name and address There is a three(3)minute time limit per speaker N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd, Apache Junction,AZ 85119, Monday through Thursday from 7 00a-6 00p, excluding holidays If any person with a disability needs any type of accommodation,please notify Human Resources at (480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time City of Apache Junction,Arizona Page 3 Printed on 11/25/2013 CITY COUNCIL REGULAR MEETING NOVEMBER 19, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on November 19, 2013, at the Apache Junction City Council Chambers pursuant to the notice .•` required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 . 00 p.m. INVOCATION Councilmember Wilson gave the Invocation PLEDGE OF ALLEGIANCE Vice Mayor Barker led the Pledge of Allegiance ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Wilson (Councilmember Waldron was absent. ) Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham Finance Director Donna Meinerts City Engineer Emile Schmid Others Present : Public Works Manager Shane Kiesow REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 2013 PAGE 1 OF 16 Program Coordinator Heather Patel ACCEPTANCE OF CONSENT AGENDA Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT APPROVAL BE GIVEN FOR 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") APPLICATIONS (S) ; AND THAT APPROVAL BE GIVEN FOR 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 BLOCK GRANT PROGRAM. Councilmember Wilson SECONDED THE MOTION. VOTE. Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco and Public Safety Director Tom Kelly presented the Meritorious Citizenship Award to Daniel and Lisa Kelly for their assistance in a homicide investigation. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced Saturday, November 23rd, at 9 a.m. Lisa Bennett has gotten several organizations together to perform another open space clean up at the north end of Prospector Park Councilmember Wilson announced this past week Paws and Claws and Pinal County Animal Control had a shot clinic and licensing event at the greyhound park. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 2013 PAGE 2 OF 16 Councilmember Wilson announced parks and recreation had a Turkey Trot Marathon last Saturday morning Councilmember Wilson announced the parks and recreation department and Superstition Horsemen' s Association held the Little Buckaroo Rodeo for kids . Councilmember Wilson announced Paws and Claws had their annual pets pictures with Santa Claus . He thanked all the volunteers and staff that assisted Councilmember Wilson read a letter from the mayor and city council to the Chamber of Commerce board thanking them for their hard work in making the Festival of the Superstitions a success . He presented the letter to Peter Heck, board chair. Vice Mayor Barker commented Arizona Winter Visitors Day was held on Monday at Barleen' s Dinner Theater. It was standing room only, even outside . Councilmember Evans announced Gustavo McGrew has been awarded the Wellness Professional of the Year. Mountain Health and Wellness was awarded Agency of the Year. Councilmember Serdy thanked Larry and the Chamber of Commerce Mayor Insalaco announced he used to be a member of Central Arizona Governments but with the Airport Board he does not have the time. He has turned Central Arizona Governments over to Councilmember Waldron. The city also belongs to Maricopa County Association of Governments; Vice Mayor Barker is the representative there . He presented a magazine called MAG AZ ine, a publication that comes out quarterly. This edition has a regional piece on Apache Junction with the vice mayor. Vice Mayor Barker commented Maricopa County Association of Governments is becoming more important to us as we grow and as they grow The partnerships they have developed via Maricopa County Association of Governments have been invaluable to the city, helping us with roads and all kinds of things. CITY MANAGER' S REPORT REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 2013 PAGE 3 OF 16 City Manager George Hoffman commented Shane Kiesow will have a presentation on roads later, but he wanted to show the council a video from Matt Busby on the road work. He added Emile Schmid has been promoted to City Engineer. PUBLIC HEARINGS RESOLUTION NO. 13-36, AUTHORIZING THE SUBMISSION OF FISCAL YEAR 2014 COMMUNITY DEVELOPMENT BLOCK GRANT AND FISCAL YEAR 2014 STATE SPECIAL PROJECT GRANT APPLICATIONS Program Coordinator Heather Patel briefed the council on the item. Mayor Insalaco opened the public hearing on the item. Ms . Elizabeth Detlivson Garman, 185 N. Apache Trail, Apache Junction, representing Community Alliance Against Family Abuse, addressed the council . They annually serve 96 participants in their shelter, half of which are children, and 38% are from Apache Junction. Once they are in the shelter, 100% of them become Apache Junction residents . All of their participants fall under the federal poverty level guidelines . It would fall under the limited clientele Heather spoke about The funding request is to repair a building on the property They would remodel the building, improve site security, improve parking and improve the current shelter. They have two rooms in their original building they use for storage. They would like to convert those two rooms to offices Staff does not have any meeting space to talk to clients about their experiences. Currently they use the dining room table which is not ideal . They cannot use the children' s therapy playroom in the storage building as it is locked They would like to give the children the opportunity to use it . There is an Arizona room they would like to tear down and make into an enclosed space . It would become a storage area and a bed bug decontamination area. It would allow them to address that costly problem, one of the less fun sides of residential services . They have to repair significant termite damage; one of the storage rooms is missing a ceiling because it fell in. For the site security, their block wall is between 5' and 6' REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 2013 PAGE 4 OF 16 high in certain areas . They would like to raise it to eight feet . Someone jumped their block wall this summer, making it a safety concern although no one was hurt They only have two paved parking spots but they can be seen from the road. Women and children fleeing domestic violence do not want to park in those spots . They park in a dirt lot behind the shelter. They have potholes back there and when it rains it washes out. They would like to tile the floor in the shelter building It is currently linoleum and it is pulling up in some places The cost is estimated and it would be a competitive bid process . A domestic violence shelter is a critical service for the people who stay with them and the public safety of the community. Mayor Insalaco closed the public hearing on the item with no one else wishing to speak. He reopened the item to council discussion. Vice Mayor Barker asked how the Community Alliance Against Family Abuse request would be received. They try to look at, when they put in for the Community Development Block Grant and State Special Project grants, what the state is looking at and what they are awarding money for. We try to slot ourselves into those categories so we have a better opportunity to receive grants . She asked what they are looking at in terms of the type of request Community Alliance Against Family Abuse is making. Program Coordinator Heather Patel stated the Community Development Block Grant program is different from the State Special Projects program. The Central Arizona Governments region is allotted a specific amount of money from the Community Development Block Grant program. As long as we submit an application that is an eligible activity, then it will be funded. For the State Special Projects program, where it is competitive, they look at many different factors . This type of activity is recommended for the Community Development Block Grant program. Vice Mayor Barker commented the staff recommendation on the emergency repair program offers $15, 000 per residential structure REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 2013 PAGE 5 OF 16 Program Coordinator Heather Patel stated it is a maximum of $15 , 000 . Vice Mayor Barker commented there are eight potential residences they could offer emergency repairs for. Program Coordinator Heather Patel stated that is correct Vice Mayor Barker commented the Community Alliance Against Family Abuse people are looking at 30 to 90 people that would be served She would like to see the Community Development Block Grant funding go to Community Alliance Against Family Abuse. Councilmember Serdy asked how many they can apply for Program Coordinator Heather Patel stated they can do one application under each program. The one that showed the most benefit to the most residents was the commercial rehabilitation Vice Mayor Barker stated we already have that . Councilmember Serdy stated we do. Vice Mayor Barker commented __ they did that in 2013 . So that is done . They have just not started the program yet . Councilmember Serdy commented he likes the ones that serve the most people. He thinks Community Alliance Against Family Abuse helps more than just, you know, it would be nice to be able to help everyone In a moment' s notice someone needs that . Councilmember Wilson commented they are asking for $109, 000 He asked if they would apply just for the $109, 000 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 2013 PAGE 6 OF 16 Program Coordinator Heather Patel stated they would take the maximum amount, if it is $120, 000 or $104 , 000 . Whatever it is, they would have to see if Community Alliance Against Family Abuse could put some in, too, in order to cover it all or they could remove something from their list Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker MOVED THAT 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") FOR THE COMMUNITY ALLIANCE AGAINST FAMILY ABUSE REQUEST, AND FY 2014 STATE SPECIAL PROJECT ("SSP") FUNDS AND CERTIFYING FOR THE PUEBLO DEL SOL PHASE 2 , AN ALTERNATIVE OF GRAND, OCOTILLO, MAIN, PENDING THE FY SSP 2013 GRANT APPLICATION OUTCOME; CERTIFYING THAT THE APPLICATION (S) , (1) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATON AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG AND SSP APPLICATION (S) , BE APPROVED Councilmember Evans SECONDED THE MOTION. VOTE. Unanimous . The motion carried. PROPOSED ORDINANCE NO. 1395, AMENDING CITY CODE CHAPTER 4 FEES, BY ADDING A NEW ARTICLE 4-2 RETURNED PAYMENT FEES, WITH THE EMERGENCY CLAUSE City Clerk Kathleen Connelly briefed the council on the item. Finance Director Donna Meinerts gave an additional briefing on the item. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 2013 PAGE 7 OF 16 Vice Mayor Barker commented it was excellent. Councilmember Rizzi commented it was reasonable. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to .. council discussion. There being no further discussion, he called for a motion Councilmember Wilson MOVED THAT ORDINANCE NO. 1395 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Barker SECONDED THE MOTION VOTE- Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Wilson MOVED THAT ORDINANCE NO. 1395, AS READ BY THE CITY CLERK, BE APPROVED Vice Mayor Barker SECONDED THE MOTION. VOTE. Unanimous . The motion carried. OLD BUSINESS None. NEW BUSINESS CURRENT STATUS OF THE CITY' S REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 2013 PAGE 8 OF 16 STREETS Public Works Manager Shane Kiesow briefed the council on the item. Mayor Insalaco commented what scares him is Apache Trail . If it goes down, look at the businesses . It is our main drag. If we do not protect that road, no one will go to those businesses downtown. He asked as it is right now, how much longer they could go with the road in that condition. Public Works Manager Shane Kiesow stated he would discuss that later and continued with his briefing. Vice Mayor Barker commented it is not that they do not have questions . They are trying to formulate anything that is a workable solution. Mayor Insalaco asked if he could say how long the Trail would last before it goes and has to be completely dug up and redone . Public Works Manager Shane Kiesow stated in the last two years the eastbound gutter lane from Meridian to Ironwood is showing some structural deficiency. He anticipates that area expanding within the next couple of years . They are talking about reconstruction versus overlay. Councilmember Rizzi asked if the speed limit has anything to do with how quickly a road deteriorates. Public Works Manager Shane Kiesow commented it is not so much the speed limit but it does have an impact at intersections . Sometimes there is major braking at intersections and shoving of the pavements . They may see some warping of the pavement at intersections. However, the speed does affect ridability. When you slow down it is not so bad. Councilmember Rizzi commented if they had a speed limit of 25 to 30 miles per hour it would REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 2013 PAGE 9 OF 16 not have any effect on the road deteriorating any quicker than what the speed limit is now. Public Works Manager Shane Kiesow stated it would not . Councilmember Wilson asked what would need to be done right now on the Trail for the condition it is in to bring it back up. Public Works Manager Shane Kiesow stated they have been doing a lot of problem-solving over the last few years for the treatments that are needed and still be fiscally responsible Apache Trail has significant distresses from Meridian to Idaho and beyond up to Winchester. The majority of that could be addressed with an overlay which is $10 to $12 a square yard However, they do have structural failure in the eastbound gutter lane between Meridian and Ironwood where they are looking at $50 a square yard They would rather get that portion now before it expands . The total cost would be about $2 million which would be a spot reconstruction for the part that is in bad shape and an overlay on the rest of the Trail Mayor Insalaco asked what it would cost to fix that street four years from now if they do not spend that $2 million now. Public Works Manager Shane Kiesow stated that size of reconstruction and need right now would probably double and they could probably add on at least a half million dollars . If they wait another three or four years they could double it again. Some of distresses, the transverse cracking, are very hard to determine because of the weather. They could have another really rainy season and it does a job on the streets This past rainy season is really the normal rainy season. We just had a real, long dry spell If we continue with the normal rainy season, Apache Trail will depreciate faster. Mayor Insalaco asked the city manager where we get the money. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 2013 PAGE 10 OF 16 City Manager George Hoffman stated that is a great question. He thinks they have to have a dialogue with the community about this issue He thinks it needs to start with where it is starting now, which is technical staff identifying a problem. In his observation, people typically do not buy into solutions if they do not perceive there is a problem. What some of them are doing with the neighborhood meetings is they are going out and beginning the conversation, beginning the dialogue, about roads. Staff is thinking there is a problem, and they will be trying to find out what they, the citizenry, feel . If they also perceive a problem, then they may be willing to engage in a discussion of solutions . There is a happy note tonight and that is the state legislature has built back up their rainy day fund. They have done it through, in part, your contributions of a declining road system. They have swept highway user revenue funds to fund state operations . Congratulations to the state legislature, they have the power to take residents' money from this community and they did so. Perhaps one solution is for them to stop balancing their budgets on the backs of the state' s road system. That will not fix the entirety of the problem. Even if they restored all the money they took he thinks the math would suggest there is a big problem. He does not think they will do that . Maybe they will stop taking additional monies . That is one thought . The second thought would be to look at their overall budget . Certainly there must be some money somewhere They could look at the general fund budget . The challenge with the general fund budget is roughly half of it goes for public safety. He assumes they do not want to reduce public safety to fix the streets . It is an operating assumption he is making. They have lots of little departments . They have tiny departments : city manager' s office, finance, and city clerk. They could cut them all by one-third and it does not get you anything That leaves the parks and recreation department and the library They have been cut dramatically over the years . When they do economic development, they talk about quality of life . Councilmember Serdy, a strong advocate for business development, talked about the importance of that last night and how we need to do more to tell that story and make the world aware of those events . Those bring people into our community; they make it a good quality of life . If they say they are not going to get much if anything out of the existing budget, which has had severe cuts, not as much as public works, but severe REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 2013 PAGE 11 OF 16 cuts that have not been restored, if they cannot fix the problem with the state giving the money back, if they cannot get it out of the existing budget, it leads to the conclusion there would be a new revenue source In his opinion it is probably premature to talk about the new revenue source in any degree of detail because the community has to talk about the issue and decide whether they really think it is a problem or not . If they think it is really a problem, then they may be inclined to work towards a solution Right now he is reaching out to the '.. business community and starting that dialogue . At Peter Heck' s last board meeting he encouraged that when this presentation is done, he will send out the Granicus link and hope the Chamber of Commerce Board of Directors watches that segment of the video and they begin to grapple with the issue from a business perspective . Today he reached out to Mr. Mark LeResche who is associated with the Superstition Business Owners group. He asked him to talk to the board to see if that board wants to grapple as a business organization with roads as a topic for consideration. The first step is to begin the dialogue and they have that underway He thinks that needs to happen. As the council talks to the community, get a real sense of whether or not they perceive it to be a problem. Staff will do some work to possibly engage a market research firm so they can reach out to a broader segment of the community and do some statistically reliable and valid sampling to see if we can get sense of where the community is at on the issue He commented he did not give a silver bullet answer, he gave more of a process answer. He is not sure there are easy answers on this . That is why it has not been resolved before. He thinks reaching out to the legislature will help and they were in a tough spot . It is easy for him to be frustrated with them because he cares about this community .•. and he saw what it did to the roads in this community. Hopefully they can reach out to them and say, okay, you did what you had to do but would you please stop. Councilmember Rizzi asked if there would be any cost savings, not knowing what it would cost to curb and what it would take, in reducing the number of lanes we have on Apache Trail that we have to do the upkeep with. One of the reasons she asked this question and the one with the speed limit is, being a business owner and talking to other business owners, she has heard a lot about why we do not have a main street more like Mesa where we have fewer lanes, the speed REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 2013 PAGE 12 OF 16 limit is slower and it gives people more opportunity to see the businesses She does not know if they can even answer that right now. She is just wondering and curious to know if there would be any cost savings in reducing the lanes on Apache Trail Public Works Manager Shane Kiesow stated that is a strategy some jurisdictions are doing, especially in the Midwest . They had a lot of rural, paved roads and they decided to put them back to gravel again It is a viable strategy and it is a strategy they have looked at for some of our rural roads to lower the maintenance. He will let Giao speak on Apache Trail . Councilmember Rizzi commented her thought is to widen the median. Public Works Director Giao Pham stated that is something they have talked to the downtown TAC about . The ramification is that short term it might be a good idea, but long term, 30 years from now, light rail may come from Mesa. It comes down the median. If we make all these improvements on our right-of way and roadways, we will have to tear it up again. There are ramifications of short term fixes versus what do we, as a community, want to have Apache Trail look like; want pedestrian friendly or a drive by for the strip malls Those are things we need to talk about; what do they want for the look and feel of the Trail system They have to get input from everybody. It is easy to restripe things . It is easy to tear up and say it is two lanes but then they will not have a winnable situation. They did that with North Apache Trail where they reduced the speed limit to 15 miles per hour and there have been some complaints. The majority of people love it but some of them say it is too slow. They need to go a direct route Those are things we need to wrestle with, not only in the short term but also in the long term Councilmember Rizzi commented it definitely adds to the pedestrian friendly. Mayor Insalaco commented they have work to do. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 2013 PAGE 13 OF 16 City Manager George Hoffman agreed. Vice Mayor Barker commented she thinks it would be beneficial for her if she had some of the before and after pictures that he showed and a little bit of less technical verbiage to use when she is talking to people because seeing is believing. She thinks that would be very helpful to her and possibly the other council members if they could have that kind of material . Public Works Director Giao Pham stated they are in the process of compiling before and after pictures . They will print up 8/5" x 11"s so they will have them when they go to the meetings They are trying to take the same shot of before and after of a bunch of projects they have done in the last four or five years . They might also do DVD so they can give those if they want them. Mayor Insalaco commented get a few good shots of Apache Trail, getting down there to get those cracks . Councilmember Wilson commented they need to get the problem roads out there as well They have not been done so they need to show what needs to be done. If they are looking at what has been completed, they are not looking at what still needs to be done Public Works Director Giao Pham stated from a technical standpoint, he is an engineer, they have to tell a better story. Those are things pictures do with aerial photos. It will say to the community here is what you get for your money and what you will get afterwards. Councilmember Rizzi commented they understand it; they just have to help the community understand the situation. This was a discussion item only. Mayor Insalaco closed the discussion with no further comments and moved on to the next item. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 2013 PAGE 14 OF 16 DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5 :45 P.M. AND A WORK SESSION AT 7 : 00 '` P M. BE HELD ON MONDAY, DECEMBER 2, 2013 , IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 :45 P.M. BE HELD ON TUESDAY, DECEMBER 3 , 2013 , IN THE CITY COUNCIL CHAMBERS. Councilmember Evana SECONDED THE MOTION. VOTE: Unanimous The motion carried. CALL TO THE PUBLIC- None . ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 8 : 30 p.m. Consent Agenda Items are as follows: .., 1 . Acceptance of Agenda. 2 Approval of Minutes of Regular Meeting of November 5, 2013 . 3 . Consideration of approval of Resolution No. 13-37, committing local funds as leverage for the city' s fiscal year 2013 State Special Project application for improvements to the Pueblo del Sol neighborhood in the amount of $50, 000 . 00 . 4 . Consideration of approval of Resolution No. 13-35, reaffirming Resolution No. 08-07 designating the Crossroads Redevelopment Area. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 2013 PAGE 15 OF 16 ACCEPTED THIS 3RD DAY OF DECEMBER, 2013, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA SIGNED AND ATTESTED TO THIS 3RD DAY OF DECEMBER, 2013 . JOHN S INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 19th day of November, 2013 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 26th day of November, 2013 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 19, 2013 PAGE 16 OF 16 City of Apache Junction, Arizona 300E Superstition "$ Boulevard 4j Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No.3. "` ="`` File ID: 13-356 Sponsor. Matt Busby Agenda Date 12/3/2013 Index. In Control. City Council Meeting A . Consideration of approval of the second amendment to the lease agreement between Verizon Wireless and the City of Apache Junction for location of communication equipment on city property Consideration and action Venzon Wireless has requested a second amendment to their wireless lease agreement with the City In summary, the proposed second amendment will allow for following provisions. 1 Two new underground conduits and pull boxes One for use by Verizon Wireless to bring in a new fiber connection from Superstition Blvd, and one for city use 2 A one time fee of$10,000 paid by Verizon Wireless 3 Relocation of the new conduit, pull boxes and other related facilities if at a future date the city needs the areas for capital projects, infrastructure improvements or other public needs 4 The reaffirmation of the terms in the original agreement Attachments. Second Amend PHO Plank_clean copy nov 6, Second Amendment Exhibit A PHO Plank, Second A City of Apache Junction,Arizona Page 1 Printed on 11/25/2013 DRAFT 11 /06/13 SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN VERIZON WIRELESS AND THE CITY OF APACHE JUNCTION FOR LOCATION OF COMMUNICATION EQUIPMENT ON CITY PROPERTY This SECOND AMENDMENT (this "Second Amendment"), is made this day of , 2013 (the "Effective Date"), by and between the City of Apache Junction, an Arizona municipal corporation ("Lessor") and Gila River Cellular General Partnership, an Arizona general partnership, DBA Verizon Wireless ("Lessee"). Lessor and Lessee are individually or collectively referred to herein as "Party" or"Parties". RECITALS A) The Parties entered into a Lease Agreement dated October 3, 2006 and entered into the First Amendment to the Lease Agreement dated December 21, 2009 (collectively, the "Agreement") B) Since 2006, Lessee has leased land located at 1001 N Idaho Road, City of Apache Junction, Pinal County, Arizona ("Premises") for an 80-foot tall wireless communications tower and related equipment, which is the subject of the Agreement and this Second Amendment. C) This Second Amendment will allow for the installation of conduit and pull boxes to service the telecommunications facilities at the Premises. D) The Parties have agreed to amend the terms of the Agreement for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged AGREEMENT NOW, THEREFORE, the Agreement is hereby amended as follows. 1. New Underground Conduit/Pull Boxes: Lessee shall have the right to install and maintain one (1) four inch (4") underground conduit from the telecommunications junction box on the Lessee equipment shelter to a new 24" x 36" traffic rated pull box, then to another 24" x 36" pull box, then to the connection at the SRP vault on the Property, as more particularly described and depicted in Exhibit "A" and Exhibit "B" attached hereto in this Second Amendment. Lessee shall also install, for the Lessor's use, one (1) four inch (4") underground conduit("Lessor's Conduit") from a new 24" x 36" traffic rated pull box located near City's IT Building, then to the connection at the SRP vault on the Property, as more particularly described and depicted in Exhibit "A" and Exhibit "B" attached hereto in this Second Amendment. Upon installation, Lessor's Conduit shall be deemed to be the sole personal property of Lessor without any warranties, express or implied. 2. Legal Consideration: For accommodating the Lessee for this expansion of use, Lessee agrees to pay Lessor a one-time fee of Ten Thousand Dollars and Zero Cents ($10,000.00), payable no later than sixty (60) calendar days from the Effective Date. 3. Relocation. In the event that the areas in any of Lessee's equipment, including fiber, conduit, pull boxes and any other related facilities, need to be relocated due to conflicts with current or future Lessor capital projects, infrastructure improvements or other public needs, Lessee shall relocate such facilities within a reasonable amount of time at its sole cost to locations as directed by the City Engineer. 4. Reaffirmation of Terms. The Parties reaffirm the Agreement and agree and acknowledge that, except as expressly set forth in this Second Amendment, the Agreement remains in full force and effect according to its terms. In the event of any conflict between the terms of the Agreement and this Second Amendment, the terms of this Second Amendment shall govern. IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed as of the Effective Date set forth above. "LESSOR" CITY OF APACHE JUNCTION By: Name. JOHN S. INSALACO Title. Mayor Date: ATTEST: By: Kathleen Connelly, City Clerk Date APPROVED AS TO FORM: By. Richard J. Stern, City Attorney Date "LESSEE" GILA RIVER CELLULAR GENERAL PARTNERSHIP, DBA VERIZON WIRELESS BY: Cellco Partnership ITS: managing general partner By. Name: Walter L. Jones, Jr. Title: Area Vice President Network Date' 2 High Desert Communications 372 W Cullumber Ave, Gilbert, AZ Customer contact: Diego Torres 480-632-0020 B-1 #126436 L-11 #126436 Office: 602-819-2949 Site Name PHO Plank SRP contact. Mike Unser Office: 602-278-6182 Site address. 1001 N Idaho RD HDC contact. Doug Kleck Apache Junction, AZ Cell: 602-919-1737 Date: 1-23-13 11 ,T +/-140' 140' , Existing pull boxNew 24"x 36" 'J1 IUIIII Traffic rated pull , p"' +/-3so' box by the GC _ . iiii , -- -,- =2„...,c-_-_::2, \_--.-` New , +/-zs' '�0 a interduct , .c a m ; New 4„ N ' — ,, Exis ,' d nipple ' Z W Q ; 0 El] through wall inte�.r s 40 r llllll _ 11111 Existing 4"conduit with 2—1% � 7,� interducts, 1 is spare+/-380' +cc ; s Existing 4"conduit with 3—1'A — 'a interducts, 2 are spare+/-140' ' • I to !� _• t New, 1-4"conduit U G from the ' ' telco 1 Box on the shelter to the s. pull box,from the pull box to the meet point vault as per code by r ' ' the GC with 3—1'/<interducts and z a trace wire ; +/15' New 24"x 36"meet point vault by the GC 't i - GC to provide a 4"conduit from the , I '' \' meet point vaults to the SRP vaults o� New SRP vault by SRP $ 1 I 1 \ 1 i Su erstition Blvd i p ) Rack space is limited, NEG 48 is good 1 ilill I 1111 y I . .„, . , ,..,.. ..,i , k• , • , 1 III_ ___t_ telco box > .:-._ * il , . 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NAM COORONATE SYSTEM ASSOMA STATE PUPAE ED UPON UN SIA rk PLANE COLS TE I ® I I PROJECT No. ZONE CENTRAL.CE TERM..ST Grs ERNn OOAS. .1I I I 09001314 E. FIE. M DORT FOR PROJECT WAS PERFORM.CR METE. I I I SITE NAME: I E l) PHO PLANK M WARN wrnnOL NALEE I I • moo•WIER I I I SITE ADDRESS: RI, PONES POLE N. e �cTRKAL TRANSFORMER 1 na.Es -.1 APAICHE JUNOCTION AZ ECT _n __�t'rNe7a� xsu N -- -- • TELERgNE VAULTM ,e. I ENO.eRM55 CAP m BREAMS. GTAN.NEE IN BUILDING SUPERSTITION BOULEVARD EAT FC FACE.CURS pie ASPHALT CCESS CAMERA, SHEET TIME see Ae NOERATN GNU OLgI CONCRETE MASONRYUNIT /M+. r -.- SITE SURVEY ♦ RONTp.OF GEODETICCOOmMAIES POSITION OF GEODETIC COORDINATES GRAPHIC SCALE \, _ __ 1 ill 0R '�) ---_— PROPERTY SECTION LPN ELLEVA:Ioa GROUPI i NEST NAME, , I MAGNETIC \ SWUM". REVIs1DN: - LEASE... 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REVISION: --------L--_--_-----.---. — SCALE 1"=10 LS-2 d City of Apache Junction, Arizona 300 E Superstition 1 Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 4 File ID: 13-383 Sponsor. Emile Schmid Agenda Date• 12/3/2013 Index. In Control City Council Meeting p Consideration of approval of Resolution No 13-39, a resolution of the mayor and city council authorizing the city to enter into an intergovernmental agreement with Final County Flood Control District for the construction of the Broadway Avenue /Delaware Drive intersection drainage improvements Consideration and action Attachments. Res 13-39 Memo to Council, Resolution No 13-39, AJ Broadway Road IGA FINAL_3 City of Apache Junction,Arizona Page 1 Printed on 11/25/2013 Pc ACHE Public Works Department ° re6,0,,5*trite4fujicticw/ Z Home of the Superstition Mountains 4 zoN. Date. November 5, 2013 To. Mayor and Members of the City Council Through: George Hoffman, City Manager Giao Pham, P E , Public Works Director From• Emile Schmid, P.E., City Engineer Subject. Intergovernmental Agreement with Pinal County Flood Control District Pinal County Flood Control District (PCFCD) initiated a small project assistance program (SPAP) to assist municipalities in Pinal County with funding drainage projects mitigating local and regional drainage issues. PCFCD solicited potential projects from municipalities. City of Apache Junction submitted a project which ultimately became one of two projects selected and recommended by PCFCD and approved by Pinal County as a recipient for funds through the SPAP The program offers PCFCD funds up to $250,000, with a 25% required match from the municipality The city public works department will be providing funds above the 25% match to reach a combined total of$500,000 available for the project. Funds from PCFCD can be used for design and/or construction. The city currently has an on-call engineering consultant designing the project for a fee of$66,900. The current estimated total construction cost for the Project is$500,000. Construction of the project is anticipated to begin in FY2013. Under the agreement the city is required to procure a contractor and administer the project Upon substantial completion of the project, the city shall invoice PCFCD for the $250,000 available through the SPAP. Pinal County and city staff developed the enclosed IGA for city council's consideration. This agreement will allow the city to address a historical drainage issue with the assistance of PCFCD funds. 575 E. Baseline Ave , Apache Junction AZ 85119 T (480) 982-1055 • F (480) 982-8005 Aw RESOLUTION NO. 13-39 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF THE BROADWAY AVENUE / DELAWARE DRIVE INTERSECTION DRAINAGE IMPROVEMENTS. Air WHEREAS, A R S § 11-951 and 28-6701 et seq authorize Pinal County (the "County" ) to layout, maintain, control and manage public roads within the County; and WHEREAS, A R S § 11-951 et seq authorizes public agencies to enter into intergovernmental agreements for the provision of services or for joint or cooperative action, and WHEREAS, the City of Apache Junction (the "City" ) has requested that intersection drainage improvements (the "Project" ) be installed near a City owned intersection (the "Location" ) to mitigate drainage issues at the Broadway Avenue and Delaware Drive intersection, and WHEREAS, both the City and the County recognize that the installation of the Project is beneficial to the traveling public and area residents, and WHEREAS, the cost for the future maintenance of the Project will be the responsibility of the City, and WHEREAS, the purpose of this Agreement is to identify and define both the City' s and the County' s respective obligations '_ and responsibilities concerning the installation and maintenance of the Project NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS 1) The Mayor and City Council approve the intergovernmental agreement between the City and the County, attached hereto as Attachment A, and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) The City Manager or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution RESOLUTION NO. 13- Page 1 of 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 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- Page 2 of 2 When Recorded Return to Scott Bender, P E,CFM Pinal County Flood Control Distnct P O Box 727 Florence, Arizona 85132 ,/, INTERGOVERNMENTAL AGREEMENT For the CONSTRUCTION Of the BROADWAY AVENUE/DELAWARE DRIVE INTERSECTION DRAINAGE IMPROVEMENTS Between the CITY OF APACHE JUNCTION And the FINAL COUNTY FLOOD CONTROL DISTRICT IGA CITY OF APACHE JUNCTION PROJECT NO. PWC2012-17 Agenda Item This Intergovernmental Agreement,hereinafter the Agreement, is entered into by and between the City of Apache Junction, an Arizona municipal corporation, acting by and through its City Council,hereinafter the"CITY"and the Pinal County Flood Control District, a municipal corporation and political subdivision of the State of Arizona, acting by and through its Board of Directors,hereinafter the"DISTRICT" The CITY and the DISTRICT are hereinafter the PROJECT PARTNERS and are individually each a PROJECT PARTNER. This Agreement shall become effective as of the date it has been executed by all parties and recorded by the Pinal County Recorder. STATUTORY AUTHORIZATION 1 The DISTRICT is empowered by Arizona Revised Statutes(A R S) Section 48-3603, as revised, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the DISTRICT 2 The CITY is authorized by A.R.S. Section 11-952, as amended,to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the CITY 1 BACKGROUND 3. The DISTRICT solicited proposals for local community flood control projects The CITY proposed a project intended to reduce flooding hazards impacting residents and businesses in the vicinity of the Broadway Avenue and Delaware Dnve intersection,hereinafter the PROJECT(See Exhibit A). 4 The constructed PROJECT will provide the following benefits. 4 1 Reduce the flood hazard to residents living near or at the southwest corner of the Broadway Avenue and Delaware Dnve intersection, an area that has experienced histonc flooding 4.2 Reduce the flood hazard to roadways in the vicinity of the PROJECT that have experienced historic flooding 4.3 Any other benefits or objectives beyond those stated in this section are beyond the scope of the PROJECT as the term is used herein, and costs associated with the achievement of those objectives are beyond the scope of this Agreement PURPOSE OF THE AGREEMENT 5. The purpose of this Agreement is to identify and define the responsibilities of the DISTRICT and the CITY for the PROJECT TERMS OF AGREEMENT 6. Construction costs associated with the PROJECT are estimated to be$500,000 7 The CITY shall design and construct the PROJECT using CITY funds, and upon completion shall submit an invoice to the DISTRICT for reimbursement of design and construction costs according to the terms m this Agreement 7 1 Costs associated with rights-of-way acquisition,permitting, construction management, operations and maintenance are specifically excluded from the reimbursable PROJECT costs 7 2 The invoice(s)submitted to the DISTRICT shall include copies of the PROJECT —related billings, invoices,payment vouchers, change orders, or any other backup documentation establishing the amount paid and that the costs being invoiced to the DISTRCT meet the requirements of this Agreement for reimbursement 8 The following costs are expressly excluded from the PROJECT costs under this Agreement 8 1 Multi-use, landscaping, and aesthetic features. 8 2 Personnel and administrative expenses costs incurred by either PROJECT PARTNER. 2 /nik Isk 9. The DISTRICT shall. 9.1 Reimburse 100 percent(100%)of the PROJECT cost incurred up to$250,000 and mvoiced by the CITY. DISTRICT funds will be from the DISTRICT's secondary tax levy revenues and DISTRICT funding shall be contingent upon the availability of DISTRICT Capital Improvement Program budget funding and m no circumstance shall reimbursement to the CITY exceed$250,000 for this PROJECT The DISTRICT's "1\ percentage cost share for the PROJECT shall not be amended under this Agreement. 9 2 Within 60 days of receipt of an invoice from the CITY reimburse the CITY per the terms of this Agreement 9 3 Participate in a final inspection of the completed PROJECT with the CITY 10. The CITY shall 10 1 Fund the entire PROJECT cost 10 2 Serve as lead agency for all aspects of PROJECT implementation 10 3 Fully fund and not seek DISTRICT reimbursement for all other costs, such as but not limited to recreation, aesthetic, or transportation enhancements, or obtam such funding from other entities 10 4 Provide PROJECT plans and specifications to the DISTRICT, including intenm submittals as appropriate, for review and comment Incorporate DISTRICT comments mto the PROJECT as appropriate The CITY shall not construe DISTRICT review comments, or lack of review comments, as concurrence with the technical or structural adequacy of the PROJECT. 10 5 Acquire all necessary land nghts for the PROJECT in accordance with state statutes and make all land acquisition records available to the DISTRICT for review, at the DISTRICT'S option. 10 6 Provide any proposed construction change orders to the DISTRICT for review and approval if the DISTRICT requests such review during the construction phase. 10.7 Coordinate a final inspection of the completed PROJECT with the DISTRICT. 10 8 At PROJECT completion,prepare a final accounting and invoice the DISTRICT for its share of the PROJECT construction costs. 10 8 1 Final accounting shall include an accountmg of all sources of PROJECT funding, if sources not reasonably discoverable by City staff other than the DISTRICT are available,validating that the CITY has not received reimbursements for the PROJECT from multiple entities,public or pnvate, that collectively exceed the PROJECT construction cost 10 9 Be responsible for operation and maintenance of the completed PROJECT 3 10.9 1 The maintenance activities to be performed include,but are not limited to maintaining the flood control function of the PROJECT, including vegetation control and removal, debris removal, earth backfill to address soil removal, and riprap replacement. 10.9.1 1 The CITY shall conduct inspections of the completed PROJECT annually and immediately following storm events meeting or exceeding the PROJECT design level 10 10 Be fully responsible for the completed PROJECT and any public or private use of the PROJECT and indemnify, defend and hold harmless the DISTRICT as provided in paragraph 16 herein. 10 11 If necessary, obtain a United States Army Corps of Engineers' Section 404 Environmental Permit for the PROJECT. The cost of this permit and any required mitigation are not a component of the shared PROJECT construction cost 10 12 Require that any contractor selected for the PROJECT. 10 12 1 Warrant its compliance with all federal immigration laws and regulations that relate to its employees and their compliance with A R S Section 23-214(A); 10 12 2 Agree that a breach of the warranty under paragraph 10 12 1 shall be deemed a material breach of contract and is subject to penalties up to and including termination of the contract; 10 12 3 Agree that the DISTRICT retains the legal right to inspect the papers of the contractor or subcontractor employee(s)who work(s)on this Agreement to ensure that contractor or subcontractor is complying with the warranty under paragraph 10.12.1, 11 Any local permits required for the PROJECT shall be issued by the appropnate PROJECT PARTNER at no cost to the PROJECT 12 Either party to this Agreement may with mutual wntten agreement of all parties, delegate responsibilities to another party Any delegation, however, shall not relieve the delegating party of its original responsibilities as defined herein 13. In the case of any dispute over any items in this Agreement,the parties agree to use their best efforts and enter into good faith negotiations to resolve the disputed matters However,this shall not limit the nghts of the parties to seek any remedies provided by law 14. Each party to this Agreement shall take reasonable and necessary actions within its authority to ensure that only storm water is discharged into the PROJECT,and that such discharges into the PROJECT comply at the point of discharge with any applicable requirements of the U S Environmental Protection Agency Clean Water Act,Arizona Pollutant Discharge Elimination System or any other applicable discharge requirements, including any permit requirements 4 Oak oak 15. The parties to this Agreement agree to equally share the cost of PROJECT compliance and cost audit to be initiated within 60 days of PROJECT completion, if requested by a PROJECT PARTNER An independent auditing firm agreed to by both PROJECT PARTNERS will perform the audit Any payments or reimbursements necessary to bring the PROJECT into compliance with the audit findings shall be made within 45 calendar days of acceptance by all parties of the audit report /1 16 Each party to this Agreement(indemmtor)shall,to the extent permissible by law, indemnify, defend and save harmless the others(indemnitees) including agents, officers, directors, governors and employees thereof, from and against any loss or expense incurred as a result of any claim or suit of any nature whatsoever, which anses out of mdemmtor's negligent or wrongful acts or omissions pursuant to this Agreement Such indemnification obligation shall encompass any personal injury,death or property damages resulting from the indemnitor's negligent or wrongful acts or omissions, as well as reasonable attorney's fees,court costs, and other expenses relating to the defense against claims or litigation, incurred by the indemmtee. Indemnitee shall be liable for its own negligence or wrongful acts as provided by law. 17 Each party to this Agreement shall comply with A R S Sections 41-4401 and 23-214, subsection A 17 1 Each party to this Agreement retains the legal nght to inspect the records of the other party's and any contractors' or subcontractors' employees performing work under this Agreement to venfy compliance with A.R.S. Sections 41-4401 and 23-214, subsection A. 17 2 Failure by either party to this Agreement to comply with A R S Sections 41-4401 and 23-214, subsection A shall be deemed a breach of this Agreement and is subject to penalties up to and including termination of the Agreement 18. All notices or demands upon either party to this Agreement shall be in writing and shall be delivered in person or sent by mail addressed as follows. Pmal County Flood Control District City of Apache Junction County Engineer City Engineer P 0 Box 727 575 E. Baseline Ave Florence,Arizona 85132 Apache Junction,Arizona 85119 19 Each party to this Agreement will pay for and not seek reimbursement for its own personnel and administrative costs associated with this PROJECT, including but not limited to the following, unless specifically identified otherwise m this Agreement design, contract preparation, construction, construction management, operation, maintenance,permitting, management and administration 20 This Agreement shall expire two(2)years from the date of recording with the County Recorder, or upon completion of the PROJECT and after all funding obligations and reimbursements have been satisfied in accordance with this Agreement,whichever is the first to occur. The County Engineer may agree in writing to extend the expiration date for up to two additional years upon a demonstration by the CITY that an extension is justified By mutual wntten agreement of the DISTRICT and CITY this Agreement may be otherwise amended or 5 /"\ terminated. Potential amendments are restricted by paragraphs 7 1 and 8 of this Agreement The liability, operation and maintenance, and indemnification provisions of this Agreement shall survive the expiration of this Agreement This Agreement is subject to cancellation by either party pursuant to the provisions of A R S Section 38-511 21 Attached to this Agreement or contained herein are the written determinations by the appropriate attorneys for the parties to this Agreement, that these agencies are authorized under the laws of the State of Arizona to enter into this Agreement and that it is in proper form 22. If legislation is enacted after the effective date of this Agreement that changes the relationship or structure of one or more parties to this Agreement,the parties agree that this Agreement shall be renegotiated at the written request of either party 23 The PROJECT will be planned and designed to meet the recurrence interval of the 10 year or lesser event and this level of protection is specifically approved by the Board of Directors of the Pinal County Flood Control District. 24. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona The parties hereby waive all provisions of law providing for a change of venue m such proceeding to any other county In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party m such action shall recover all costs including. all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action 25 Neither party shall be considered not to have performed its obligations under this Agreement in the event of enforced delay(an"Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws,includmg, but not restricted to, acts of God, fires, floods, epidemics,pandemics, quarantine,restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war,terrorism or act of terror(including but not limited to bio-terrorism or eco-terronsm),nuclear radiation,blockade,insurrection,riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domam of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus(whether permanent or temporary)by any public entity directly affecting the PROJECT In no event will Enforced Delay include any delay resultmg from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by CITY m connection with the Project CITY agrees that CITY alone will bear all risks of delay which are not Enforced Delay In the event of the occurrence of any such Enforced Delay,the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay,provided,however,that the Party seeking the benefit of the provisions of this Section shall,within thirty(30)calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and 6 claim the right to an extension for the penod of the Enforced Delay, and provided further that in no event shall a penod of Enforced Delay exceed ninety(90)calendar days. 26. CITY and DISTRICT each believe that the execution,delivery and performance of this Agreement are in compliance with all applicable laws However, in the unlikely event that any provision of this Agreement is declared void or unenforceable(or is construed as requiring either party to do any act m violation of any applicable laws, mcludmg any constitutional provision, law,regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remam m full force and effect, provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date)provide essentially the same nghts and benefits(economic and otherwise)to the parties as if such severance and reformation were not required Unless prohibited by applicable laws,the parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of tlus Agreement, as reformed. /.11\ 7 PINAL COUNTY FLOOD CONTROL DISTRICT A Municipal Corporation Recommended by• County Engineer Date Approved and Accepted• By Chairman, Board of Directors Date Attest- By. Clerk of the Board Date The foregoing Intergovernmental Agreement FCD has been reviewed pursuant to A R S Section 11-952, as amended, by the undersigned General Counsel, who has determined that it is in proper form and within the powers and authority granted to the Final County Flood Control District under the laws of the State of Arizona p General Counsel Date 8 ,p ... CITY OF APACHE JUNCTION A Municipal Corporation Approved and Accepted By Mayor Date Attest. By City Clerk Date The foregoing Intergovernmental Agreement FCD has been reviewed pursuant to A.R.S. Section 11-952, as amended,by the undersigned attorney who has determined that it is in proper form and within the power and authority granted to the CITY under the laws of the State of Arizona. — City Attorney Date 9 Exhibit A: BROADWAY AVENUE DRAINAGE IMPROVEMENTS �=— . ,l !b 1 ., -- a 1f ®r.,,,... ,r..46., 1.,,Q,,, ,. -I. 10 f BROA AY NAVENUE',,,, . ` j �� 1 , ,...,, ill ,, r- - 5-'111 ' A, 11 ; : itt, • , - MI .1- • ' ', ....0-#5,4futo,,,,,,-..Q..--,ex , it . .,,,, , T-,..... { i s r ! A 1 t-_ a ,t 'r ' _, t a ti _ i E e fir ' r. to Mg. - r . . ... y • • ,� • ,,. , c. — v -� " '" 'ri'� : F . w ',, t ., s .. , QACHE� LEGEND 0� 4, FLOODED PROPERTIES +� �= PROPOSED IMPROVEMENT AREA 15 z .-,-,.- •° PROPOSED STORM DRAIN PROPOSED CATCH BASIN qR/ZONE 10 Oak Project Description: Dunng rain events storm water runoff ponds m the Broadway Avenue and Delaware Dnve intersection causing a hazard and potential safety issue to local traffic as well as flooding of several residential structures located southwest of the intersection Additionally,parcels adjacent to Lawther Drive located south of Broadway Avenue and one block east of Delaware Drive also experience local flooding The project will mvolve engaging a civil engineering consultant to evaluate existing drainage conditions at the mtersection of Broadway Road and Delaware Drive to recommend conveyance/capacity improvements to the dramage system in the intersection. Consultant will also evaluate a potential storm drain system in Lawther Road and 10th Avenue to convey local flows to the existing channel along the west side of Delaware Drive between Broadway Avenue and 16th Avenue, and if necessary,recommend design improvements to the channel to mcrease capacity and/or mitigate channel erosion Upon completion of the design and recommendations,the City will construct the project under the Pinal County Small Project Assistance Program 11 ROLL CALL VOTE NOTES 4.014. 'Pr ll� 1A ft))) ITEM # MEETING OF MOTION BY SECONDED BY vu l YES NO ABSTAINED COUNCILMEMBER EVANS VICE MAYOR BARKER COUNCILMEMBER RIZZI V COUNCILMEMBER WALDRON COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL � • /\ CONSENT AGENDA ITEM NOS. 1-4 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN VERIZON WIRELESS AND THE CITY OF APACHE JUNCTION FOR LOCATION OF COMMUNICATION EQUIPMENT ON CITY PROPERTY WITH A ONE-TIME ACCOMMODATION FEE DUE FROM VERIZON WIRELESS FOR EXPANSION OF USE IN THE AMOUNT OF $10,000; AND THAT AUTHORIZATION BE • - GIVEN TO THE MAYOR TO SIGN THE AGREEMENT; AND RESOLUTION NO 13-39, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH FINAL COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF THE BROADWAY AVENUE/DELAWARE DRIVE INTERSECTION DRAINAGE IMPROVEMENT, BE APPROVED r�TJ �, City of Apache Junction, Arizona 300E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 I/1' Agenda Item No 5 File ID: 13-230 Sponsor. George Hoffman Agenda Date 12/3/2013 Index: In Control.City Council Meeting City manager's report Presentation and discussion Attachments. City of Apache Junction,Arizona Page 1 Printed on 11/25/2013 City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction,AZ 85119 „ Agenda Item Cover Sheet sI f Agenda Item No.6. era, File ID 13-387 Sponsor: Karen Rauls Agenda Date 12/3/2013 Index. Outside Scope of Council Priorities In Control City Council Meeting Presentation and discussion on the Culture Pass Program offered at the Apache Junction Library Presentation and Discussion Attachments. City of Apache Junction,Arizona Page 1 Printed on 11/25/2013 City of Apache Junction, Arizona ✓ 300 E Superstition ophi�. Boulevard Agenda Item Cover Sheet Apache Junction,AZ ee119 I / Agenda Item No.7. 1.e` ea" File ID: 13-382 Sponsor: Kathy Connelly Agenda Date: 12/3/2013 Index. Budgetary Item In Control.City Council Meeting .... Direction to staff on preparing agreements for FY 2013-14 human services funding Direction to staff. Attachments. p City of Apache Junction,Arizona Page 1 Printed on 11/25/2013 Ask 1 - n , ? t\, ROLL CALL VOTE NOTES . ,,,,, ,,,t, (\so i ir ,,,\;'\ 1 C, \ \ \ \I) C) ITEM # MEETING OF .a/ \ joA MOTION BY: 1, SECONDED BY __JV YES NO ABSTAINED COUNCILMEMBER SERDY I COUNCILMEMBER RIZZI COUNCILMEMBER EVANS V COUNCILMEMBER WILSON w COUNCILMEMBER WALDRON V VICE MAYOR BARKER MAYOR INSALACO UNANIMOI S IN FAVOR OPPOSED ABSTAINED TOTAL • ITEM NO. 7 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PREPARING AGREEMENTS FOR FY 2013-14 HUMAN SERVICES FUNDING• o��eHF City of Apache Junction, Arizona 300ESuperstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 P i Agenda Item No 8 S* File ID 13-384 Sponsor. Brad Steinke Agenda Date 12/3/2013 Index. In Control City Council Meeting Alink Direction to staff to move forward on implementation of the development fee update timetable Direction to staff Attachments: 13-11-20(Dev Fee Update AIT) City of Apache Junction,Arizona Page 1 Printed on 11/25/2013 • pQACHf✓ 0ti3O Y 8 City of Apache Junction 4 P Development Services Department To Mayor and City Council From: Brad Steinke,Director of Development Services Date November 20,2013 RE: Direction to Staff for Development Fee Program Update Background As a follow-up to our November 18th work session, the council is being asked to give direction to staff regardmg implementation of the following project timeline January 21,2014. City Council holds public hearing on Land Use Assumptions and Infrastructure Improvement Plan January 22,2014 Mimmum 30 day comment period. To February 20,2013 March 4,2014 City Council adopts Land Use Assumptions and Infrastructure Improvement Plan City releases the draft development fees and provides notice of April 15, 2014, public hearing on the development fees and the development fee ordinance update on the City website March 5 to Minimum 30 day comment period. April 4,2014: March 31,2014 City Council work session on proposed development fees and development fee ordinance update April 15,2014 City Council public hearing on proposed development fees and development fee ordinance update April 16 to Minimum 30 day comment period May 15,2014 May 20,2014: City Council adopts new development fees and development fee ordinance update May 21 to Minimum 75 day waiting period. August 3,2014 August 4,2014: New development fees become effective. Staff Recommendation Staff recommends that the council give staff direction to move ahead with the program timetable 300 E Superstition Boulevard • Apache Junction,AZ 85119 • Ph (480)474-5082 • Fax(480)982-7010 p l ROLL ' LL VOTE NOTES: n ITEM # c MEETIN OF 4\ MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS v� COUNCILMEMBER SERDY \if VICE MAYOR BARKER COUNCILMEMBER WILSON L/ COUNCILMEMBER RIZZI V MAYOR INSALACO UNANIMOU IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 8 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING MOVING FORWARD ON IMPLEMENTATION OF THE DEVELOPMENT FEE UPDATE ROLL CALL VOTE NOTES e 1)\V vC\ \\) ITEM # MEETING •F ))\\;1/4.i\r_ MOTION BY: SECONDED BY 4 YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY V/ COUNCILMEMBER WALDRON ✓ COUNCILMEMBER RIZZI VICE MAYOR BARKER J COUNCLMEMBEREVANS MAYOR INSALACO UNANIMOliS IN FAVOR OPPOSED ABSTAINED TOTAL AMR ITEM NO. 9-10 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M , AND A WORK SESSION AT 7.00 P.M., BE HELD ON MONDAY, DECEMBER 16, 2013, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY, AND - THAT AN EXECUTIVE SESSION AT 5.45 P.M. BE HELD ON TUESDAY, DECEMBER 17, 2013, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: i V I MOVE THAT THE MEETING BE ADJOURNED ATI P.M. ROLL CALL WS 1:9/ I%) REG 14 ii SPEC CITY COUNCIL P / A P / A P / A MAYOR INSALACO ✓r 1// VICE MAYOR BARKER / '/ COUNCILMEMBER EVANS / 1/ COUNCILMEMBER RIZZI V/ J COUNCILMEMBER SERDY ✓ COUNCILMEMBER WALDRON V / // COUNCILMEMBER WILSON TOTAL '/� 7 CITY STAFF: IV 0 IA' I /City Manager George Hoffman Assistant City Manager Bryant / Powell City Clerk Kathleen Connelly ✓ 17/ City Attorney Joel Stern v V Public Safety Director Tom Kelly V Public Works Director Giao / Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts City Engineer Emile Schmid I/ Development Svcs Director / Brad Steinke V Human Resources Director Liz Riley Assistant to the City Manager 1 Y ' 9 � r l r OTHERS It i v'V tj‘ i 1 , i.