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HomeMy WebLinkAbout2014 01.21 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd \gilONr Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,January 21,2014 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public 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. 14-9 Acceptance of agenda. Consideration and action. Sponsors: Kathy Connelly 2. 14-10 Approval of minutes of regular meeting of January 7, 2014. Consideration and action. Sponsors: Kathy Connelly Attachments: ccmin 010714 ccmin 010714 FINAL 3. 14-8 The mayor and city council shall consider the proposed contract with Mid-West GIS, Inc. for PW2013-14 Citywide Traffic Sign Inventory in an amount not to exceed $65,450.00. Staff respectfully requests council approval of this item. Consideration and action. Sponsors: Emile Schmid Attachments: PW2013-14 01 Memo to Council.pdf PW2013-14 02 Agreement 20140102.pdf 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. City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Meeting Agenda January 21,2014 4. 14-16 Presentation and discussion on pending or proposed state legislation with District 16 state legislators to include Senator David Farnsworth, Representative Doug Coleman and Representative Kelly Townsend. Presentation and discussion. Sponsors: Matt Busby F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 5. 14-12 City manager's report. Presentation and discussion. Sponsors: George Hoffman H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 6. 13-415 Public hearing regarding the draft development fee study entitled "Land Use Assumptions and Infrastructure Improvement Plan". Public hearing only. Sponsors: Brad Steinke Attachments: 13-12-18(Dev Fee PH AIT) 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 written 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. City of Apache Junction,Arizona Page 2 Printed on 611512026 City Council Meeting Agenda January 21,2014 7. 14-15 Presentation and discussion on the City of Apache Junction's procurement threshold requiring council approval. Presentation and discussion. Sponsors: Anna McCray Attachments: Procurement Threshold Memo to Council K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 8. 14-13 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, February 3, 2014. Sponsors: George Hoffman 9. 14-14 Executive Session at 5:45 P.M. for Tuesday, February 4, 2014. Other meetings if necessary. Sponsors: George Hoffman M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they 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 611512026 ►�P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 1. '+'Piz File ID: 14-9 Sponsor: Kathy Connelly Agenda Date: 1/21/2014 Index: In Control: City Council Meeting Acceptance of agenda. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►�P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.2. '+'Piz File ID: 14-10 Sponsor: Kathy Connelly Agenda Date: 1/21/2014 Index: In Control: City Council Meeting Approval of minutes of regular meeting of January 7, 2014. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 CITY COUNCIL REGULAR MEETING JANUARY 7, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on January 7, 2014, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Rizzi led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Waldron Councilmember Wilson (Councilmember Serdy was absent. ) Staff Present: Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Development Services Director Brad Steinke Assistant to the City Manager Matt Busby Others Present: Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 1 OF 18 ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO . 13-40, 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 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND INSTALLATION OF TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF SUPERSTITION BOULEVARD AND MERIDIAN DRIVE, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None . ANNOUNCEMENT OF CURRENT EVENTS None . CITY MANAGER' S REPORT Assistant City Manager Bryant Powell commented in the magazine RV Magazine the City of Apache Junction was highlighted in an article. Assistant to the City Manager Matt Busby gave a brief legislative update and a briefing on the Arizona Cities and Towns Municipal Policy Statement. Councilmember Wilson asked him to explain where the Highway User Revenue Funds are generated from. Assistant to the City Manager Matt Busby stated they are derived from the gasoline tax. A certain portion goes to the state coffers and then through a statutory formula is distributed to cities and towns based on population. They are earmarked by REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 2 OF 18 state law to be spent only on roads, roadways and road construction. Mr. Larry Johnson, Apache Junction Chamber of Commerce, addressed the council regarding issues with the local road infrastructure and the organization' s wish to be part of the conversation as strategies are discussed to resolve the road issues . They will be polling their businesses to determine the immediate or long term effects this has or could have on their operations and share that information. Mr. Peter Heck, Superstition Business Owners Group, addressed the council regarding the concerns expressed by the city manager regarding the infrastructure and the condition of the local roads . The organization offered its efforts to work with the city and city council to develop a strategy to address the road conditions . Mayor Insalaco commented now they see why the Highway User Revenue Fund money is so important. Assistant City Manager Bryant Powell presented a video entitled "Dear Motorist", a cyclist safety video. PUBLIC HEARINGS APPLICATION FOR A PERSON TRANSFER, CORPORATION, SERIES 6 LIQUOR LICENSE FOR COWBOYS UP ) ) City Clerk Kathleen Connelly briefed the council on the item. Vice Mayor Barker commented she needed to be educated here . She asked how they can okay a liquor license for some place that is not able to open and serve alcohol . She asked if they normally do this first and then have them meet all the other criteria and how do they know they are going to meet the criteria. City Attorney Joel Stern stated they agree to give it out provisionally. He thinks the way the state looks at it is they are not going to act on it until there is a certificate of occupancy. When that happens REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 3 OF 18 they will act on it. They have to see the certificate of occupancy first. Vice Mayor Barker commented the certificate of occupancy is dependent on them meeting all the criteria set forth in our zoning needs and so forth. City Attorney Joel Stern stated and the building permit. Vice Mayor Barker commented and the building permit. City Attorney Joel Stern stated the building permit is the key to the certificate of occupancy. Vice Mayor Barker asked if that is what the police department was concerned with. She sees they are talking about lack of installation of furniture and the bar itself, et cetera. She asked if that is the same concern the police department has . Public Safety Director Tom Kelly stated he would explain what was happening. When Lieutenant Robinson did the preliminary inspection on the facility they normally go through a process of looking at the individuals applying for a license. They see if there is any criminal activity or any prior incidence where there have been problems as far as law enforcement is concerned. They found none of that. However, during the course of the inspection of premises they also look at how they are going to secure their alcohol; if it will be locked in a room, locked in stages and how it will be locked and maintained after hours . They were not able to do that because the facility is not completed. However, the maintenance people and the owner indicated to Lieutenant Robinson that when they completed their interior design they would have a place to lock it and did afford them the opportunity in the future, as the city attorney addressed and he is assuming how the fire district approved, to go back in at a later date and inspect it. Preliminarily they did not say it is all wonderful and meets all their requirements since they were unable to see the final construction. However, they were told REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 4 OF 18 that this is what was going to happen. At a later date they can go back in. As late as today Lieutenant Robinson did go over there and they are still in the process of finishing the final renovations . The owner was not there at the time but he was assured they could come back and inspect it to assure the council it would meet their basic requirements and make sure the alcohol and the other items would be secure . They are basically saying they approve it, however they were unable to see the proper locking mechanisms and how the kegs of beer would be kept and secured. He believes today they are going through some finalized stages . They approve it but they would like to have the option to go back and assure the city it is being maintained well . Their only concern was they were looking at something that is not complete so they cannot really say it is . Vice Mayor Barker commented they have looked at several of these problems . Not necessarily with liquor licenses but with other problems where people say they are going to do x, y and z and then they do not do x, y and z and we have to come back. Sometimes we do not have the power to do anything about it because we have already gone through this process and approved it. She realizes the state is not going to listen to the council about much, but she wanted to hear the concerns . Public Safety Director Tom Kelly stated their basic concern was to look out for the best interests of the city in making sure they did, at least, their best practice to insure that the proprietor will do what they are intending to do. Mayor Insalaco requested the applicant address the council . The applicant was not in attendance . City Clerk Kathleen Connelly stated the applicant was notified just like we do all of our applicants . Mayor Insalaco asked if he was notified. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 5 OF 18 City Clerk Kathleen Connelly stated he was . There is a copy of the letter in the council packet. Vice Mayor Barker commented she really has no problem with this new facility opening back up. She has been a resident of this community for enough years to realize it is a great location and has all kinds of potential for the owners, the community, et cetera. She is concerned with what appears to be an ongoing thing of people telling us one thing and doing something else . It just concerns her. She asked Rudy if this is sent to the state with an approval that they would still have to meet the conditions of occupancy. Senior Planner Rudy Esquivias stated that is correct. The applicants were sent a letter which indicated all of their conditions of approval . They are in the process of remodeling the building. They have secured a proper building permit. He asked for a status update today. They have had many inspections . He corresponded with the architect today. They hope to have an opening date of Valentine' s Day. They are proceeding and obviously have some work to do. A lot of the interior stuff is done . Some of the exterior work still needs to be done, the finishing touches on the building and the layout of the parking lot. These have been good applicants to work with and as far as he knows they are progressing, though perhaps not as quickly as we had hoped given the current busy season. They are moving along at a steady pace. The restaurant and the bar were there previously, boarded up for many years . The applicants went to the planning and zoning commission for their conditional use permit for them to have both the bar and outdoor entertainment. The commission approved the conditional use permit believing they would meet the conditions of approval in the architectural layout and other things they were asked to do. They are looking for compliance with all of those conditions of approval . 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 discussion, he called for a motion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 6 OF 18 Councilmember Waldron MOVED THAT THE APPLICATION FOR A PERSON TRANSFER, CORPORATION, SERIES 6 LIQUOR LICENSE FOR COWBOYS UP, SUBMITTED BY RONALD ALAN WELTY, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Evans SECONDED THE MOTION. (During the vote Councilmember Wilson commented as long as they have the ability to do the approval through the certificate of occupancy he would vote yes . ) VOTE: Unanimous . The motion carried. Councilmember Waldron commented it is disappointing that the applicants are not here . He requested if city staff contacts them they might want to let them know the council was a little disappointed in their not being here. Vice Mayor Barker commented she would have been a lot more comfortable voting for this had they been here. Assistant City Manager Bryant Powell stated they will do so. ORDINANCE NO . 1396, REZONING CASE PZ-6-13, A REQUEST BY SUPERSTITION SPRINGS HOLDINGS, LLC TO REZONE A 2 . 6-ACRE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WEST APACHE TRAIL AND SOUTH GOLD DRIVE FROM LOCAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT TO GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT ) Senior Planner Rudy Esquivias briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 7 OF 18 Mayor Insalaco asked if the wall would go all the way up to the second part. Senior Planner Rudy Esquivias stated all the improvements that are required with phase one would be built with the first phase . It makes financial sense to take the wall all the way up to the setback area on the north end of the parcel . It will be required sooner or later. If they want to do it up front, that is fine . If they want to wait to develop this part of the property, they are not necessarily making that a condition of approval with phase one . Councilmember Rizzi asked what the plan is for widening it or preparing for the additional traffic that will be coming down this drive. Senior Planner Rudy Esquivias stated the public works department/city engineers did not require additional right-of-way. They are requiring additional street improvements but additional width was not requested. Currently the road is probably a little bit wider than one typically sees on a local arterial . It leads to a subdivision that was platted many, many years ago. This road right-of-way was established many years ago when the Azure Skies subdivision was created. They have 60' of right-of-way now. Not all the street improvements are in. The street improvements on the west side of the road are in. There is only pavement on the east side. City engineering is asking for completion of the street improvements with phase one and later with phase two. They did not see a need for or request additional right-of-way dedication. Councilmember Rizzi asked what would be happening with the median. Senior Planner Rudy Esquivias stated the median is going to be redesigned to the extent that it will line up with the new driveway. They will have to take some concrete out and put in some new concrete to basically line up the new driveways . Councilmember Rizzi commented there will still be a median there . REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 8 OF 18 Senior Planner Rudy Esquivias stated that is correct . Vice Mayor Barker asked if they would be repairing that road. Senior Planner Rudy Esquivias stated whatever public works requires them to do. They did go out and inspect the road and determined the pavement there was in decent shape. All of the new curbing, sidewalk and gutters and partial saw cut into the existing asphalt will be done as part of this project. Councilmember Evans commented she would like to ask the applicant a question. Mayor Insalaco commented they will be coming up in a minute . There were no more questions for Rudy. Mayor Insalaco requested the applicant address the council . Ms . Kyleigh Merritt, TriArch Architecture, representing the applicant, addressed the council . Councilmember Evans asked if they have an anticipated construction begin date . Ms . Kyleigh Merritt stated they do. They are continuing forward with construction documents as soon as they are finished with this phase one portion. The two south buildings will be the first portion and all of the site and offsite improvements will be done during the first construction. They hope to start in the first part of this year. Councilmember Evans asked when they anticipate completing the whole thing. Ms . Kyleigh Merritt stated currently the first phase of construction, those buildings and all of the site improvements, and as the developer continues to sell off the properties, they will go through the re-plat for the condo of the property and that sort of thing first. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 9 OF 18 Councilmember Evans asked if the main intention is to make the condos . Ms . Kyleigh Merritt stated that is correct. They will do the re-plat process as soon as possible, too. Councilmember Evans commented they will not be built until they are sold. Ms . Kyleigh Merritt stated that is correct. Councilmember Evans commented this could, in essence, only have the two buildings for awhile. Ms . Kyleigh Merritt stated that is correct. Councilmember Waldron asked if she had seen the anticipated language change in there with the design on the north portion of the property. Ms . Kyleigh Merritt stated she had. They are fine with changing to the architectural design of the downtown overlay district transition zone . Councilmember Waldron commented this council is pretty interested in the reversion of the zoning if it does not get done. He asked if five years is enough time . Ms . Kyleigh Merritt stated that is one concern they do have . She cannot tell from this language if they are talking the north parcel and south parcel . Obviously the doctor is very motivated as he is building the south portion out for him to have his office. He needs that in the immediate time frame . That is fine for this portion. They do not know about the north portion right now. They have completed the lot split and it will be part of his future development. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 10 OF 18 Mayor Insalaco commented he believes it is just the south portion. Vice Mayor Barker agreed. Ms . Kyleigh Merritt stated that would be okay. Councilmember Waldron commented it is not an automatic reversion. It would have to go back to the council to say yea or nay. Councilmember Wilson commented had he wanted to ask a question that has already been addressed as far as the overlay. This is in the area of our community where they are promoting the transition area. He thanked them for considering it. City Attorney Joel Stern stated if they read number ten that is recommended, he thinks it does apply to both. Vice Mayor Barker commented it does not as it has an "or" . It says "at least x number of buildings in phase one or at least one in phase one and the completion of phase two" . City Attorney Joel Stern stated okay. They could never mind. Vice Mayor Barker asked if that is on the record. Assistant City Manager Bryant Powell stated it is on the record. Mayor Insalaco opened the public hearing on the item. Ms . Sally Weaver, 288 S . Copper Drive, Apache Junction, addressed the council . She stated most of her questions have been answered. She has only one concern and that is the traffic. There is so much traffic REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 11 OF 18 going through there now she is worried it will bring more traffic in the neighborhood. She does now know how they can funnel it out onto the Trail . Mayor Insalaco commented it is part of the downtown and they need something there instead of the dirt lot that looks terrible . Ms . Sally Weaver agreed. Mayor Insalaco commented it will enhance her neighborhood and everyone else' s neighborhood around. Ms . Sally Weaver commented that is why she is so glad. Vice Mayor Barker commented she thinks most of the traffic will be coming off of the Trail and going back onto it. One has to live here awhile before they find the shortcut. Ms . Sally Weaver asked if they were going to put a light up. Vice Mayor Barker commented the shortcut is a carefully kept secret. Councilmember Evans asked if she is concerned more about the number of cars or the speed that the cars are going. Ms . Sally Weaver stated it is more the number of cars . There are a lot of speeders that go through but she is concerned about more traffic. They might think to go see what is over here and find the shortcut. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. There being no further discussion, he called for a motion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 12 OF 18 Vice Mayor Barker MOVED THAT ORDINANCE NO . 1396 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Barker MOVED THAT ORDINANCE NO . 1396, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS : THAT OPTION NUMBER SIX, OR ITEM NUMBER SIX, BE CHANGED TO DELETE THE PHRASE "SIMILAR OR COMPATIBLE ARCHITECTURE-STYLING AS THE BUILDING ON PHASE ONE"; AND, AN ADDITION THAT THE WORDS "THE ARCHITECTURAL DESIGN GUIDELINES OF THE DOWNTOWN OVERLAY DISTRICT TRANSITIONAL ZONE" BE ADDED; AND THAT NUMBER TEN BE ADDED TO THAT LIST THAT "THERE SHOULD BE SUBSTANTIAL DEVELOPMENT WITHIN FIVE YEARS" AND ON DOWN THAT "THIS SHOULD BE EVIDENCED BY CONSTRUCTION AND COMPLETION OF AT LEAST THREE BUILDINGS IN PHASE ONE AREA" . Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS None . NEW BUSINESS None . DIRECTION TO STAFF REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 13 OF 18 IMPLEMENTING THE ZONING CODE UPDATE PROJECT TIMELINE ) Development Services Director Brad Steinke briefed the council on the item. Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING IMPLEMENTING THE ZONING CODE UPDATE PROJECT TIMELINE: THAT THEY IMPLEMENT THE PROPOSED ZONING CODE UPDATE PROJECT TIMELINE AND BRAD GETS TO WORK. Vice Mayor Barker SECONDED THE MOTION. City Clerk Kathleen Connelly asked if everyone was clear on it. There was no verbal response from the council but she responded with "okay" indicating she had received nods of approval . She asked Brad if he was clear on it. Mayor Insalaco commented Brad is not but that is alright. Development Services Director Brad Steinke stated he is clear on it. VOTE: Unanimous . The motion carried. Development Services Director Brad Steinke stated they will be working to send out about 14, 000 pieces of mail to all the property owners in the city. He is working with staff to create the language for these public hearing notices . He handed out to the council the draft of the letter that will go out to all these property owners and the draft of the public hearing notice that will be published in the in the newspaper. He asked them to look at it and get back to him if something does not make sense and needs help. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 14 OF 18 SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker announced the work session scheduled on Monday, January 20, 2014, is canceled due to the observation of Martin Luther King, Jr. Day and MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON TUESDAY, JANUARY 21, 2014, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Representative Doug Coleman, 1474 S . Royal Palm, Apache Junction, addressed the council regarding the next legislative session starting next week Monday and his legislative priorities this session of protecting state-shared revenues and restoring the state-shared revenues . Another concern is if there is a local problem they need to work with the local leaders, not make it state-wide . He added Alan Everett, Director of State Liquor, is a former mayor and he can put items off several agendas if the mayor calls him and tells him they are awaiting completion of items . Mayor Insalaco commented he has several Call to the Public and he will call the first one . If they can get a consensus from everybody it will save some time. Ms . Linda Ritter, 2900 W. Superstition Boulevard, Apache Junction, addressed the council regarding assaults, threats, financial exploitation for over 6 years from a malicious individual the city police department, courts and prosecutor are well aware of. The city has been called on numerous occasions asking for help. She requested action. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 15 OF 18 Ms . Myrna Linker, 2900 W. Superstition Boulevard #80, Apache Junction, addressed the council . She requested Lina explain what she was there to say. Ms . Lina Bellenir, 16301 E. Jacklin, Fountain Hills, addressed the council . She read a letter from Myrna Linker to the council regarding an individual she had hired for home improvements, including an ADA approved ramp for her wheelchair. The work was never completed and an inspector never came out. Another contractor had to be employed. Others in the park have received the same treatment and he later slapped her with a malicious lawsuit. She commented on other lawsuits . She does not believe city officials have responded strongly enough to protect their park and community. She requested action. Mayor Insalaco commented he would go ahead and listen to everyone here. Mr. Harlan Oeltjenbruns, 2900 W. Superstition Boulevard #100, Apache Junction, addressed the council regarding this person suing him for calling him a thief at a board meeting which never happened and concerns for his safety as this person has come close to hitting him with a vehicle . Ms . Sue Ward, 2900 W. Superstition Boulevard #62, Apache Junction, addressed the council regarding why the city is allowing a handyman to solicit business over and above the allowed amount and contract without a license. Ms . Mary Ellen Wilson, 2900 W. Superstition Boulevard #93, Apache Junction, addressed the council regarding being called to an elderly gentleman' s home where a hot water heater was put in by this same person. That unit quit and they learned it had been recalled by the manufacturer. She knows the person has no license to do the work and no inspector ever came out to look at it. Because he was an elderly gentleman, the company gave him a new water heater. Vice Mayor Barker directed the city manager to direct the city attorney and some other departments named tonight to meet with these folks and see if there is anything the city can do to help relieve this problem. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 16 OF 18 Assistant City Manager Bryant Powell stated they will do that. Mayor Insalaco commented there are seven people up here wanting something done . Councilmember Waldron asked Bryant to let them know the results . Vice Mayor Barker concurred. Assistant City Manager Bryant Powell stated they will follow up and get back with the council . ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 8 : 10 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of December 17, 2013 . 3 . The mayor and city council shall consider proposed Resolution No . 13-40, authorizing the city to enter into an intergovernmental agreement with Maricopa County Department of Transportation for the design and installation of traffic signal improvements at the intersection of Superstition Boulevard and Meridian Drive . ACCEPTED THIS 21ST DAY OF JANUARY, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF JANUARY, 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 17 OF 18 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 7th day of January, 2014 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of January, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 18 OF 18 CITY COUNCIL REGULAR MEETING JANUARY 7, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on January 7, 2014, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7: 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Rizzi led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Waldron Councilmember Wilson (Councilmember Serdy was absent . ) Staff Present : Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Development Services Director Brad Steinke Assistant to the City Manager Matt Busby Others Present : Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 1 OF 18 ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 13-40, 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 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND INSTALLATION OF TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF SUPERSTITION BOULEVARD AND MERIDIAN DRIVE, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS None. CITY MANAGER' S REPORT Assistant City Manager Bryant Powell commented in the magazine RV Magazine the City of Apache Junction was highlighted in an article. Assistant to the City Manager Matt Busby gave a brief legislative update and a briefing on the Arizona Cities and Towns Municipal Policy Statement . Councilmember Wilson asked him to explain where the Highway User Revenue Funds are generated from. Assistant to the City Manager Matt Busby stated they are derived from the gasoline tax. A certain portion goes to the state coffers and then through a statutory formula is distributed to cities and towns based on population. They are earmarked by REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 2 OF 18 1 state law to be spent only on roads, roadways and road construction. Mr. Larry Johnson, Apache Junction Chamber of Commerce, addressed the council regarding issues with the local road infrastructure and the organization' s wish to be part of the conversation as strategies are discussed to resolve the road issues . They will be polling their businesses to determine the immediate or long term effects this has or could have on their operations and share that information. Mr. Peter Heck, Superstition Business Owners Group, addressed the council regarding the concerns expressed by the city manager regarding the infrastructure and the condition of the local roads. The organization offered its efforts to work with the city and city council to develop a strategy to address the road conditions . Mayor Insalaco commented now they see why the Highway User Revenue Fund money is so important . Assistant City Manager Bryant Powell presented a video entitled "Dear Motorist" , a cyclist safety video. PUBLIC HEARINGS APPLICATION FOR A PERSON TRANSFER, CORPORATION, SERIES 6 LIQUOR LICENSE FOR COWBOYS UP ) City Clerk Kathleen Connelly briefed the council on the item. Vice Mayor Barker commented she needed to be educated here. She asked how they can okay a liquor license for some place that is not able to open and serve alcohol . She asked if they normally do this first and then have them meet all the other criteria and how do they know they are going to meet the criteria. City Attorney Joel Stern stated they agree to give it out provisionally. He thinks the way the state looks at it is they are not going to act on it until there is a certificate of occupancy. When that happens REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 3 OF 18 they will act on it . They have to see the certificate of occupancy first. Vice Mayor Barker commented the certificate of occupancy is dependent on them meeting all the criteria set forth in our zoning needs and so forth. City Attorney Joel Stern stated and the building permit. Vice Mayor Barker commented and the building permit . City Attorney Joel Stern stated the building permit is the key to the certificate of occupancy. Vice Mayor Barker asked if that is what the police department was concerned with. She sees they are talking about lack of installation of furniture and the bar itself, et cetera. She asked if that is the same concern the police department has. Public Safety Director Tom Kelly stated he would explain what was happening. When Lieutenant Robinson did the preliminary inspection on the facility they normally go through a process of looking at the individuals applying for a license. They see if there is any criminal activity or any prior incidence where there have been problems as far as law enforcement is concerned. They found none of that . However, during the course of the inspection of premises they also look at how they are going to secure their alcohol; if it will be locked in a room, locked in stages and how it will be locked and maintained after hours. They were not able to do that because the facility is not completed. However, the maintenance people and the owner indicated to Lieutenant Robinson that when they completed their interior design they would have a place to lock it and did afford them the opportunity in the future, as the city attorney addressed and he is assuming how the fire district approved, to go back in at a later date and inspect it. Preliminarily they did not say it is all wonderful and meets all their requirements since they were unable to see the final construction. However, they were told REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 4 OF 18 that this is what was going to happen. At a later date they can go back in. As late as today Lieutenant Robinson did go over there and they are still in the process of finishing the final renovations . The owner was not there at the time but he was assured they could come back and inspect it to assure the council it would meet their basic requirements and make sure the alcohol and the other items would be secure. They are basically saying they approve it, however they were unable to see the proper locking mechanisms and how the kegs of beer would be kept and secured. He believes today they are going through some finalized stages . They approve it but they would like to have the option to go back and assure the city it is being maintained well. Their only concern was they were looking at something that is not complete so they cannot really say it is. Vice Mayor Barker commented they have looked at several of these problems . Not necessarily with liquor licenses but with other problems where people say they are going to do x, y and z and then they do not do x, y and z and we have to come back. Sometimes we do not have the power to do anything about it because we have already gone through this process and approved it. She realizes the state is not going to listen to the council about much, but she wanted to hear the concerns . Public Safety Director Tom Kelly stated their basic concern was to look out for the best interests of the city in making sure they did, at least, their best practice to insure that the proprietor will do what they are intending to do. Mayor Insalaco requested the applicant address the council . The applicant was not in attendance. City Clerk Kathleen Connelly stated the applicant was notified just like we do all of our applicants . Mayor Insalaco asked if he was notified. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 5 OF 18 City Clerk Kathleen Connelly stated he was . There is a copy of the letter in the council packet. Vice Mayor Barker commented she really has no problem with this new facility opening back up. She has been a resident of this community for enough years to realize it is a great location and has all kinds of potential for the owners, the community, et cetera. she is concerned with what appears to be an ongoing thing of people telling us one thing and doing something else. It just concerns her. She asked Rudy if this is sent to the state with an approval that they would still have to meet the conditions of occupancy. Senior Planner Rudy Esquivias stated that is correct. The applicants were sent a letter which indicated all of their conditions of approval . They are in the process of remodeling the building. They have secured a proper building permit . He asked for a status update today. They have had many inspections. He corresponded with the architect today. They hope to have an opening date of Valentine' s Day. They are proceeding and obviously have some work to do. A lot of the interior stuff is done. Some of the exterior work still needs to be done, the finishing touches on the building and the layout of the parking lot . These have been good applicants to work with and as far as he knows they are progressing, though perhaps not as quickly as we had hoped given the current busy season. They are moving along at a steady pace. The restaurant and the bar were there previously, boarded up for many years . The applicants went to the planning and zoning commission for their conditional use permit for them to have both the bar and outdoor entertainment . The commission approved the conditional use permit believing they would meet the conditions of approval in the architectural layout and other things they were asked to do. They are looking for compliance with all of those conditions of approval . 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. discussion, he called for a motion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 5 OF 18 Councilmember Waldron MOVED THAT THE APPLICATION FOR A PERSON TRANSFER, CORPORATION, SERIES 6 LIQUOR LICENSE FOR COWBOYS UP, SUBMITTED BY RONALD ALAN WELTY, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Evans SECONDED THE MOTION. (During the vote Councilmember Wilson commented as long as they have the ability to do the approval through the certificate of occupancy he would vote yes. ) VOTE: Unanimous . The motion carried. Councilmember Waldron commented it is disappointing that the applicants are not here. He requested if city staff contacts them they might want to let them know the council was a little disappointed in their not being here. Vice Mayor Barker commented she would have been a lot more comfortable voting for this had they been here . Assistant City Manager Bryant Powell stated they will do so. ORDINANCE NO. 1396, REZONING CASE PZ-6-13 , A REQUEST BY SUPERSTITION SPRINGS HOLDINGS, LLC TO REZONE A 2 .6-ACRE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WEST APACHE TRAIL AND SOUTH GOLD DRIVE FROM LOCAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT TO GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT Senior Planner Rudy Esquivias briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 7 OF 18 Mayor Insalaco asked if the wall would go all the way up to the second part. Senior Planner Rudy Esquivias stated all the improvements that are required with phase one would be built with the first phase. It makes financial sense to take the wall all the way up to the setback area on the north end of the parcel . It will be required sooner or later. If they want to do it up front, that is fine. If they want to wait to develop this part of the property, they are not necessarily making that a condition of approval with phase one. Councilmember Rizzi asked what the plan is for widening it or preparing for the additional traffic that will be coming down this drive . Senior Planner Rudy Esquivias stated the public works department/city engineers did not require additional right-of-way. They are requiring additional street improvements but additional width was not requested. Currently the road is probably a little bit wider than one typically sees on a local arterial . It leads to a subdivision that was platted many, many years ago. This road right-of-way was established many years ago when the Azure Skies subdivision was created. They have 601 of right-of-way now. Not all the street improvements are in. The street improvements on the west side of the road are in. There is only pavement on the east side. City engineering is asking for completion of the street improvements with phase one and later with phase two. They did not see a need for or request additional right-of-way dedication. Councilmember Rizzi asked what would be happening with the median. Senior Planner Rudy Esquivias stated the median is going to be redesigned to the extent that it will line up with the new driveway. They will have to take some concrete out and put in some new concrete to basically line up the new driveways. Councilmember Rizzi commented there will still be a median there. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 8 OF 18 Senior Planner Rudy Esquivias stated that is correct . Vice Mayor Barker asked if they would be repairing that road. Senior Planner Rudy Esquivias stated whatever public works requires them to do. They did go out and inspect the road and determined the pavement there was in decent shape. All of the new curbing, sidewalk and gutters and partial saw cut into the existing asphalt will be done as part of this project. Councilmember Evans commented she would like to ask the applicant a question. Mayor Insalaco commented they will be coming up in a minute . There were no more questions for Rudy. Mayor Insalaco requested the applicant address the council. Ms. Kyleigh Merritt, TriArch Architecture, representing the applicant, addressed the council . Councilmember Evans asked if they have an anticipated construction begin date . Ms. Kyleigh Merritt stated they do. They are continuing forward with construction documents as soon as they are finished with this phase one portion. The two south buildings will be the first portion and all of the site and offsite improvements will be done during the first construction. They hope to start in the first part of this year. Councilmember Evans asked when they anticipate completing the whole thing. Ms. Kyleigh Merritt stated currently the first phase of construction, those buildings and all of the site improvements, and as the developer continues to sell off the properties, they will go through the re-plat for the condo of the property and that sort of thing first . REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 9 OF 18 Councilmember Evans asked if the main intention is to make the condos. Ms. Kyleigh Merritt stated that is correct . They will do the re-plat process as soon as possible, too. Councilmember Evans commented they will not be built until they are sold. Ms. Kyleigh Merritt stated that is correct . Councilmember Evans commented this could, in essence, only have the two buildings for awhile. Ms . Kyleigh Merritt stated that is correct . Councilmember Waldron asked if she had seen the anticipated language change in there with the design on the north portion of the property. Ms . Kyleigh Merritt stated she had. They are fine with changing to the architectural design of the downtown overlay district transition zone . Councilmember Waldron commented this council is pretty interested in the reversion of the zoning if it does not get done. He asked if five years is enough time. Ms. Kyleigh Merritt stated that is one concern they do have. She cannot tell from this language if they are talking the north parcel and south parcel . Obviously the doctor is very motivated as he is building the south portion out for him to have his office. He needs that in the immediate time frame. That is fine for this portion. They do not know about the north portion right now. They have completed the lot split and it will be part of his future development. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 10 OF 18 Mayor Insalaco commented he believes it is just the south portion. Vice Mayor Barker agreed. Ms. Kyleigh Merritt stated that would be okay. Councilmember Waldron commented it is not an automatic reversion. It would have to go back to the council to say yea or nay. Councilmember Wilson commented had he wanted to ask a question that has already been addressed as far as the overlay. This is in the area of our community where they are promoting the transition area. He thanked them for considering it. City Attorney Joel stern stated if they read number ten that is recommended, he thinks it does apply to both. Vice Mayor Barker commented it does not as it has an "or" . It says "at least x number of buildings in phase one or at least one in phase one and the completion of phase two" . City Attorney Joel Stern stated okay. They could never mind. Vice Mayor Barker asked if that is on the record. Assistant City Manager Bryant Powell stated it is on the record. Mayor Insalaco opened the public hearing on the item. Ms. Sally Weaver, 288 S . Copper Drive, Apache Junction, addressed the council . She stated most of her questions have been answered. She has only one concern and that is the traffic. There is so much traffic REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 11 OF 18 going through there now she is worried it will bring more traffic in the neighborhood. She does now know how they can funnel it out onto the Trail . Mayor Insalaco commented it is part of the downtown and they need something there instead of the dirt lot that looks terrible. Ms . Sally Weaver agreed. Mayor Insalaco commented it will enhance her neighborhood and everyone else' s neighborhood around. Ms . Sally Weaver commented that is why she is so glad. Vice Mayor Barker commented she thinks most of the traffic will be coming off of the Trail and going back onto it . One has to live here awhile before they find the shortcut . Ms. Sally Weaver asked if they were going to put a light up. Vice Mayor Barker commented the shortcut is a carefully kept secret . Councilmember Evans asked if she is concerned more about the number of cars or the speed that the cars are going. Ms. Sally Weaver stated it is more the number of cars . There are a lot of speeders that go through but she is concerned about more traffic . They might think to go see what is over here and find the shortcut. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. There being no further discussion, he called for a motion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 12 OF 18 Vice Mayor Barker MOVED THAT ORDINANCE NO. 1396 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1396, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS : THAT OPTION NUMBER SIX, OR ITEM NUMBER SIX, BE CHANGED TO DELETE THE PHRASE "SIMILAR OR COMPATIBLE ARCHITECTURE-STYLING AS THE BUILDING ON PHASE ONE" ; AND, AN ADDITION THAT THE WORDS "THE ARCHITECTURAL DESIGN GUIDELINES OF THE DOWNTOWN OVERLAY DISTRICT TRANSITIONAL ZONE" BE ADDED; AND THAT NUMBER TEN BE ADDED TO THAT LIST THAT "THERE SHOULD BE SUBSTANTIAL DEVELOPMENT WITHIN FIVE YEARS" AND ON DOWN THAT "THIS SHOULD BE EVIDENCED BY CONSTRUCTION AND COMPLETION OF AT LEAST THREE BUILDINGS IN PHASE ONE AREA" . Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 13 OF 18 IMPLEMENTING THE ZONING CODE UPDATE PROJECT TIMELINE ) Development Services Director Brad Steinke briefed the council on the item. Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING IMPLEMENTING THE ZONING CODE UPDATE PROJECT TIMELINE: THAT THEY IMPLEMENT THE PROPOSED ZONING CODE UPDATE PROJECT TIMELINE AND BRAD GETS TO WORK. Vice Mayor Barker SECONDED THE MOTION. City Clerk Kathleen Connelly asked if everyone was clear on it . There was no verbal response from the council but she responded with "okay" indicating she had received nods of approval. She asked Brad if he was clear on it . Mayor Insalaco commented Brad is not but that is alright . Development Services Director Brad Steinke stated he is clear on it . VOTE: Unanimous . The motion carried. Development Services Director Brad Steinke stated they will be working to send out about 14 , 000 pieces of mail to all the property owners in the city. He is working with staff to create the language for these public hearing notices. He handed out to the council the draft of the letter that will go out to all these property owners and the draft of the public hearing notice that will be published in the in the newspaper. He asked them to look at it and get back to him if something does not make sense and needs help. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 14 OF 18 SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker announced the work session scheduled on Monday, January 20, 2014, is canceled due to the observation of Martin Luther King, Jr. Day and MOVED THAT AN EXECUTIVE SESSION AT 5 :45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON TUESDAY, JANUARY 21, 2014, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Representative Doug Coleman, 1474 S. Royal Palm, Apache Junction, addressed the council regarding the next legislative session starting next week Monday and his legislative priorities this session of protecting state-shared revenues and restoring the state-shared revenues. Another concern is if there is a local problem they need to work with the local leaders, not make it state-wide. He added Alan Everett, Director of State Liquor, is a former mayor and he can put items off several agendas if the mayor calls him and tells him they are awaiting completion of items . Mayor Insalaco commented he has several Call to the Public and he will call the first one. If they can get a consensus from everybody it will save some time. Ms. Linda Ritter, 2900 W. Superstition Boulevard, Apache Junction, addressed the council regarding assaults, threats, financial exploitation for over 6 years from a malicious individual the city police department, courts and prosecutor are well aware of . The city has been called on numerous occasions asking for help. She requested action. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 15 OF 18 Ms. Myrna Linker, 2900 W. Superstition Boulevard #80, Apache Junction, addressed the council . She requested Lina explain what she was there to say. Ms. Lina Bellenir, 16301 E. Jacklin, Fountain Hills, addressed the council . She read a letter from Myrna Linker to the council regarding an individual she had hired for home improvements, including an ADA approved ramp for her wheelchair. The work was never completed and an inspector never came out . Another contractor had to be employed. Others in the park have received the same treatment and he later slapped her with a malicious lawsuit. She commented on other lawsuits . She does not believe city officials have responded strongly enough to protect their park and community. She requested action. Mayor Insalacc, commented he would go ahead and listen to everyone here . Mr. Harlan Oeltjenbruns, 2900 W. Superstition Boulevard #100, Apache Junction, addressed the council regarding this person suing him for calling him a thief at a board meeting which never happened and concerns for his safety as this person has come close to hitting him with a vehicle. Ms. Sue Ward, 2900 W. Superstition Boulevard #62, Apache Junction, addressed the council regarding why the city is allowing a handyman to solicit business over and above the allowed amount and contract without a license . Ms. Mary Ellen Wilson, 2900 W. Superstition Boulevard #93 , Apache Junction, addressed the council regarding being called to an elderly gentleman' s home where a hot water heater was put in by this same person. That unit quit and they learned it had been recalled by the manufacturer. She knows the person has no license to do the work and no inspector ever came out to look at it . Because he was an elderly gentleman, the company gave him a new water heater . Vice Mayor Barker directed the city manager to direct the city attorney and some other departments named tonight to meet with these folks and see if there is anything the city can do to help relieve this problem. REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 16 OF 18 Assistant City Manager Bryant Powell stated they will do that. Mayor Insalaco commented there are seven people up here wanting something done. Councilmember Waldron asked Bryant to let them know the results . Vice Mayor Barker concurred. Assistant City Manager Bryant Powell stated they will follow up and get back with the council . ADJOURNMENT Mayor Insalaco adjourned the meeting at 8 : 10 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of December 17, 2013 . 3 . The mayor and city council shall consider proposed Resolution No. 13-40, authorizing the city to enter into an intergovernmental agreement with Maricopa County Department of Transportation for the design and installation of traffic signal improvements at the intersection of Superstition Boulevard and Meridian Drive. ACCEPTED THIS 21ST DAY OF JANUARY, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF JANUARY, 2014 . � ayor S. INSALACO ATTEST: -Z-A KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 17 OF 18 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 7th day of January, 2014 . 1 further certify that the meeting was duly called and held and that a quorum was present . Dated this 9th day of January, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 7, 2014 PAGE 18 OF 18 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 3. �Piz oN* File ID: 14-8 Sponsor: Emile Schmid Agenda Date: 1/21/2014 Index: In Control: City Council Meeting The mayor and city council shall consider the proposed contract with Mid-West GIS, Inc. for PW2013-14 Citywide Traffic Sign Inventory in an amount not to exceed $65,450.00. Staff respectfully requests council approval of this item. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 pP ACHE✓ 1Public Works Department U Z Home of the Superstition Mountains '4RIZONP Date: December 24, 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: PW2013-14 Citywide Traffic Sign Inventory Staff respectfully requests the mayor and city council consider for approval the attached agreement allowing the city to enter into contract with Mid-West GIS, Inc. for a citywide traffic sign inventory. Generating a citywide inventory will assist staff in the initial creation of an all inclusive sign database. This project will also satisfy a federal requirement that municipalities have such a database, and will provide a database that city staff can use in the future as current signs are maintained, and new signs are installed. Staff requested and received scopes and fees from three vendors: AZTEC Engineering $109,812.00 Epic Solutions $37,380.00* *did not provide all database items requested Mid-West GIS, Inc. $59,500.00 After internal review and discussion, staff recommends award to Mid-West GIS, Inc. The work under this contract is for$59,500.00, with a 10% contingency of$5,950.00 for a total not to exceed amount of$65,450.00. City staff prepared the enclosed agreement for city council's consideration. Staff will present the project and contract at the 01/06/2014 City Council Work Session with the anticipation this item will be placed on the consent agenda for consideration and action at the 01/21/2014 City Council Regular Meeting. 575 E. Baseline Ave., Apache Junction AZ 85119 T (480) 982-1055 • F (480) 982-8005 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND MID-WEST GIS, INC FOR CITYWIDE SIGN INVENTORY AND RELATED PROFESSIONAL SERVICES THIS AGREEMENT for professional services associated with Project No. PW2013-14 "City Wide Traffic Sign Inventory," is made and entered into by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and MID-WEST GIS, INC., an Illinois corporation ("Consultant"), hereinafter collectively referred to as the "Parties", or individually as a "Party". RECITALS A. City needs an inventory assessment of City-owned signs and desires to engage a Consultant to conduct the sign inventory, update the City GIS, prepare a monitoring plan, prepare a replacement plan, and prepare an assessment report ("Project"). B. Consultant has established that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the services, under the Project. C. City in reliance on these representations desires to engage Consultant to provide the services as more fully described in Exhibit "A", attached to and made a part of this Agreement. D. City and Consultant desire to set forth herein their respective responsibilities and the manner and terms upon which Consultant shall render the services. E. The services anticipated to be performed under this agreement are exempt from official procurement under A.J.C.C., Vol. 1, Article 3-7, Procurement Procedure, from official procurement. AGREEMENT NOW, THEREFORE, City retains Consultant to perform, and Consultant agrees to render the services in accordance with the terms and conditions set forth as follows: 1. SCOPE OF SERVICES: Consultant shall perform the Services described in Exhibit "A" in accordance with the terms and conditions contained in this Agreement. The performance of all services shall be to the reasonable satisfaction of the City. 2. NOT TO EXCEED COMPENSATION: The compensation to be paid to Consultant for performance of the services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed fifty-nine thousand five hundred Dollars ($59,500). In the event additional services are authorized, the total compensation for services and reimbursable expenses shall not exceed five thousand nine hundred and fifty dollars ($5,950)for a combined project total amount not to exceed sixty-four thousand four hundred and fifty dollars ($64,450). The applicable rates and schedule of payment are set out in Exhibit "A", entitled "Cost of Services," which is attached to and made a part of this Agreement. 3. CONTRACT TERM: The term of this Agreement shall be from the date of its full execution through completion of the services in accordance with the Schedule set out in Exhibit "A". Renewals shall only be allowed as mutually agreed upon in writing by the Parties. 1 4. LABOR AND MATERIALS: Unless otherwise provided in the contract documents, Consultant shall provide, pay and insure under the requisite laws and regulations for all labor, materials, equipment, tools and machinery, utilities, transportation, other facilities and services necessary for the proper execution and completion of the work whether temporary or permanent, and whether or not incorporated or to be incorporated in the work. 5. TAXES: Consultant shall pay all license, sales, consumer, use and other similar taxes for the work or portions thereof provided by Consultant which are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 6. PERMITS & FEES: Unless otherwise provided in the contract documents, Consultant shall secure and pay for all permits, governmental fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Consultant shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work. Consultant understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Consultant agrees to obtain a privilege tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement. 7. INDEPENDENT CONSULTANT: Consultant shall at all times during Consultant's performance of the services retain Consultant's status as an independent Consultant. Consultant's employees shall under no circumstances be considered or held to be employees or agents of City and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Consultant. Consultant shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Consultant shall be solely responsible for all means, methods, techniques, sequences and procedures, and for coordinating all portions of the work required by the contract documents. Consultant shall be responsible to City for the acts and omissions of its employees. 8. INDEMNIFICATION: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Consultant, its agents, employees, or any tier of Consultant's sub Consultants in the performance of this Agreement. Consultant's duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortuous claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting there from, caused by an Consultant's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Consultant, any tier of Consultant's sub Consultant or any other person for whose acts, errors, mistakes, omissions, work or services Consultant may be legally liable. 9. ENFORCED DELAYS (FORCE MAJEURE): Neither City nor Consultant, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of sub Consultants or material men due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular 2 Consultants, sub Consultants, vendors or investors desired by Consultant in connection with the Project. Consultant agrees that Consultant alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 10. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any terms of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including reasonable attorney fees to be determined by the court in such action. 11. INSURANCE: Consultant, at its own expense, shall purchase and maintain the minimum insurance and other additional requirements set forth herein. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of the City constitute a material breach of this Agreement. Consultant's insurance shall be primary insurance as respect to City, and any insurance or self- insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers Compensation, shall contain waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Consultant's acts, errors, mistakes, omissions, work or services. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Consultant shall be solely responsible for the deductible and/or self-insured retention and City, at its option, may require Consultant to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Consultant of any deficiencies in such policies and endorsements, and such receipt shall not relieve Consultant from, or be deemed a waiver of City's right to insist on strict fulfillment of Consultant's obligations under this Agreement. The insurance policies, except Workers Compensation, required by this Agreement, shall name City, its agent, officers, officials and employees as additional insured parties. 3 REQUIRED COVERAGE Commercial General Liability Consultant shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011-93 or any replacement thereof. In addition, automobile liability coverage of at least $1,000,000 per occurrence or a combined single limit of at least $1,000,000 is required. The auto liability policy should contain endorsements for hired autos, non-owned autos and scheduled vehicles, as applicable to the Consultant's business. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc.'s Additional Insured, Form CG 20101185, and shall include coverage for Consultant's operations and products and completed operations. If required by this Agreement, if Consultant sublets any part of the work, services or operations, Consultant shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, City and Consultant's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Consultant's work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Consultant's General Liability insurance. Workers Compensation (Not Applicable to Sole Proprietorships) Consultant shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Consultant's employees engaged in the performance of the work or services; and Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. In case any work is subcontracted, Consultant will require Sub Consultant to provide Workers Compensation and Employer's Liability to at least the same extent as required of Consultant. CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agreement, Consultant shall furnish the City with Certificates of Insurance, or formal endorsements as required by Agreement, issued by Consultant's insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Agreement are in full force and effect. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Consultant's work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) 4 calendar days' prior written notice to City. 12. SUCCESSORS & ASSIGNS: City and Consultant each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Consultant assign any monies due or to become due to or to become due to it without the previous written consent of City. 13. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 14. SAFETY: Consultant and/or its sub Consultants shall be solely responsible for job safety at all times. 15. RIGHTS & REMEDIES: The duties and obligations imposed by the contract documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Consultant shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 16. TERMINATION OF CONTRACT: If, for any reason, the Consultant shall fail to fulfill in a timely and proper manner its obligations under the contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations of the contract, the City shall thereupon have the right to terminate the contract by giving written notice to the Consultant of such termination and specifying the effective date thereof. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Consultant. The City may terminate the contract at any time by giving at least twenty-four (24) hours notice in writing to the Consultant. If the contract is terminated by the City as provided herein, the Consultant will be paid for the time expended and expenses incurred up to the termination date. The Consultant may terminate this Agreement should the City fail to pay the Consultant any amount due and owing upon 14 calendar days written prior notice of intent to terminate. 17. APPEALS: All contractual grievances shall be submitted in writing to the City Manager within five (5) calendar days after the difference of opinion or grievance occurs relating to any of the provisions of the terms of this Agreement. Within five (5) calendar days of receiving a written grievance, the City Manager shall respond in writing to the company. The City Manager's decision shall be final and binding, subject only to a further appeal in the Pinal County Superior Court pursuant to A.R.S. § 12-901, et seq. 18. RECORDS: Records of Consultant's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Consultant shall maintain records for a period of at least three (3) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 19. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties 5 hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties. 20. SEVERABILITY: City and Consultant each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 22. COMPLIANCE WITH FEDERAL AND STATE LAWS: The Consultant understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989. The following is only applicable to construction contracts: The Consultant must also comply with A.R.S. § 34-301, "Employment of Aliens on Public Works Prohibited", and A.R.S. § 34-302, as amended, "Residence Requirements for Employees". Under the provisions of A.R.S. § 41-4401, Consultant hereby warrants to the City that the Consultant and each of its Sub Consultants ("Sub Consultants") will comply with, and are contractually obligated to comply with, all Federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter"Consultant Immigration Warranty"). A breach of the Consultant Immigration Warranty shall constitute a material breach of this Contract and shall subject the Consultant to penalties up to and including termination of this Contract at the sole discretion of the City. The City retains the legal right to inspect the papers of any Consultant or Sub Consultant's employee who works on this Contract to ensure that the Consultant or Sub Consultant is complying with the Consultant Immigration Warranty. Consultant agrees to assist the City in regard to any such inspections. The City may, at its sole discretion, conduct random verification of the employment records of the Consultant and any of Sub Consultants to ensure compliance with Consultant's Immigration Warranty. Consultant agrees to assist the City in regard to any random verifications performed. Neither the Consultant nor any of Sub Consultants shall be deemed to have materially breached the Consultant Immigration Warranty if the Consultant or Sub Consultant establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214, Subsection A. The provisions of this Article must be included in any contract the Consultant enters into with any and all of its Sub Consultants who provide services under this Contract or any subcontract. "Services" are defined as furnishing labor, time or effort in the State of Arizona by a Consultant or Sub Consultant. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. 6 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of 2014. Consultant: Mid-West GIS, Inc. By: Title: CITY OF APACHE JUNCTION an Arizona municipal corporation John S. Insalaco Mayor ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 7 STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2014, by as of Mid-West GIS, Inc. Notary Public My commission expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was acknowledged before me this day of 2014, by George Hoffman, as City Manager of the City of Apache Junction, an Arizona municipal corporation. Notary Public My commission expires: 8 CERTIFICATE OF INSURANCE CITY OF APACHE JUNCTION PROJECT: PW2013-14 The certifies that the following insurance policies have been issued on behalf of: NAME OF INSURED: ADDRESS OF INSURED: Type of Policy Effect. Expire Limits of Insurance Number Date Date Liability 1 . Workman's $100, 000 Each Accident; Compensation $100, 000 Each Disease, $500, 000 Disease Policy Limit 2 . Commercial $1, 000, 000 Each General Occurrence; $2, 000, 000 Liability Products/Completed Operations Aggregate; $2, 000, 000 General Aggregate Limit 3 . Contractual $1, 000, 000 Each Bodily Injury & Occurrence Property Damage 4 . Automobile $1, 000, 000 Each Bodily Injury & Occurrence Property Damage It is further agreed that these policies shall not expire, be canceled or changed until all work has been completed and the project has been accepted by the City of Apache Junction. If a policy does expire during the life of the contract, a renewal Certificate of the required coverage must be sent to the City of Apache Junction not less than thirty (30) calendar days prior to expiration date. This Certificate is not valid unless countersigned by an authorized representative of the Insurance Company. The Certificate of Insurance must also provide that the City, its officers, employees and agents are additional insured parties . Date: Countersigned by: Title: SUBSCRIBED AND SWORN TO before me this day of 2014 by as Insurer. Notary Public My Commission Expires : 9 a City of Apache Junction - Public Works 575 E. Baseline Avenge Apache Junction, Arizona 85119 RE: Traffic Sign Inventory Proposal December 2, 2013 Mid-West GIS is submitting this proposal in response to the City of Apache Junction request for a Traffic Sign Inventory Proposal. This letter is a formal offer to perform the project described in this proposal. The mission of Mid-West GIS is to provide top-quality GIS services at an affordable cost to small & medium sized communities. Our company provides these services in the timeliest manner and with an ongoing comprehensive quality control program to provide 100%customer satisfaction. Mid-West GIS employs highly qualified personnel to ensure a quality end product. Our staff strives to keep up with technology advancements in the industry to make sure our clients are benefiting from these changes.The company's principal officers see each contract as an agreement not between a business and its customers, but between partners that wish to create a close and mutually beneficial long-term relationship. Mid-West GIS headquarters is located in Quincy, Illinois. Our company provides Geographic Information System (GIS) Consulting and Data Conversion services. These services include GIS and GPS data collection and conversion, utility mapping, planning and zoning, 911 and addressing,customer location, routing, GIS Website Development and other related GIS services. Mid-West GIS has completed over 400 traffic sign inventory projects. Shane C. McDermott, President Mid-West GIS, Inc. 233 S. 9th St. Quincy, IL 62301 shane@mid-westgis.com Phone: (217) 222-7793 Toll Free: (877) 248-2349 Mii+;West�IS HYH106H9 4MYFR i t t. Mid-West GIS, Inc. Company Profile St ti t 3 i Mid-West GIS, Inc. 307 South 11th Street Quincy, IL 62301 i Phone: 217-222-7793 - www.mid-westgis.com wM* 'm1'OdwWestGiS } a I h id-tfi estGI_S .. ....>.._.•-c.Y.yw..µ+;;,m.yyn•(xti>`: +¢V.t Y. u>5 Y +?':Nf,:.:X',+>'�.:f:�Y>. .V �"'Y '] .<£`' Company Profile Mid-West GIS, Inc. Year Firm Established Corporate Address 2007 307 South 11th Street Mid West I Quincy, IL 62301 Primary Contact Shane C. McDermott, President Contact (217) 222-7793 Type of Ownership (877)248-2349 Corporation www.mid-westgis.com shane@mid-westgis.com Organization Mid-West GIS is one of the fastest growing GIS companies in the Mid-West. The company provides Geographic Information System (GIS)Consulting and Data Conversion services to small and medium sized communities. These services include RTK GPS Data Collection, Utility Mapping, Planning and Zoning, 911 Addressing, Customer Location, Routing,GIS Website Development and other related GIS services. Mid-West GIS was founded in May of 2007 by Shane McDermott. The company has quickly evolved as one of the industry leaders in the area. Headquartered in Quincy, IL, Mid-West GIS works with clients all over the United States. The mission of Mid-West GIS is to provide top-quality GIS services at an affordable cost. The company will seek to provide these services in the timeliest manner and with an ongoing comprehensive quality control program to provide 100%customer satisfaction. Mid-West GIS will ensure that our staff is fully trained in the most up-to-date software applications. Our staff will be on top of the technology advancements in the industry to ensure our clients are keeping up with these changes. The company's principal officers see each contract as an agreement not between a business and its customers, but between partners that wish to create a close and mutually beneficial long-term relationship. As a company and as individuals,we take great pride in contributing to the communities where we live and work. Technology is propelling our growth. We're focusing on technologies that will not only improve our production efficiency but increase your return on investment. Mid-West GIS is committed to providing the best results in terms of cost, quality and service to our clients. 1 Mid-WestG1 9WaMFS3piAiNFA a W Mid-West GIS Capabilities • GIS Consulting • GIS Implementation Assistance • GIS Data Development • GIS Data Conversion • GIS Data Maintenance • GPS Data Collection • GPS Setup&Training • ArcGIS Installation &Training • ArcGIS Server Development Mid-West GIS Specialization: X I Mid-West GIS Specializes in the creation of Field Inventories using highly accurate GPS equipment. i ' , • Sub Meter GPS -Used for features that are easily located in the field and do not require a high degree of accuracy �� s • Sub Foot GPS -Used for features that requires a higher degree of accuracy, and do not require accurate elevation • Sub Centimeter GPS -Also known as Real Time Kinematic(RTK)GPS -Survey Grade Accurate to within a centimeter i on the x, y values and 2 centimeter on the elevation -Used for features that requires the most accurate location possible, as well as the need for accurate elevation Mid-WestGIS 9 E; - a , ...:..,. :C4...4' '"';h.:Y'`•?r,n Y .::,Sp K.i�.H/i'"Xt �".Kl�[N .*'l - Sign Inventory Scope of Work GPS Data Collection Phase I of this project includes GPS collection of all Traffic Control Signs on City Maintained Roads in the City of Apache Junction.The signs will be collected using highly accurate GPS equipment. GIS Technicians will use a combination of vehicle mounted GPS and handheld GPS devices.The data is spatially accurate using the GPS data collector and the accuracy of photo interpretation of the aerial photography. Many of the posts for signs can be seen on the photo and the GPS point can be place accordingly using ArcPad.When not seen,the technician can use the accuracy of the handheld GPS unit, or using other features on the aerial photo such as sidewalks and other visible features to correctly place the point where the sign belongs. All traffic signs will be collected as part of this project. Attribute Data Collection The following information will be attributed for each sign collected: GPS Positioning Installation Date (only collected if displayed on sign) MUTCD Code Sign Facing Direction Array Position Sign Size Pole Size Sign Condition Sign Type Is sign obscured Is sign leaning Route Name sign is on Route Type Sheeting Type Overlay Material Panel Type Sign Image Reflectivity Reading for sign (as well as legend and background color) Sign Age (calculated from installation date) Replacement Date (calculated from manufacturer expected sign life) MidZftstGI i -- wmion¢eo i i a V� • - o a e ao.o - o � -r,wvs-,-•>.xx.= op"!."ni:?�,,;:m7;•,>}vo-<^*iFK�".a,':.^• Tasks Needed to be completed Notes Section for miscellaneous details observed The following information will be attributed for each support: Support Description Installation Date Mile Marker GPS Position Support Type Support Condition Support Anchor Type Support Position Notes Section for miscellaneous details observed GIS Data Request The following GIS data is requested from the city to be used in the field collection for this project: Aerial photography Street Centerlines City Limit Boundaries Project Area Mid-West GIS will collect ALL SIGNS on ALL ROADS that are maintained by the city of Apache Junction.There is no limit to the amount of signs that will be collected.This is a lump sum contract with no overage for additional signs. Prior to data collection Mid-West GIS will meet with the city to identify any roads that are not maintained by the city. An example would be any county or state maintained roads that they city does not maintain signs on. These are the only roads that would not be collected in this project. Deliverables All data will be delivered in an ESRI Geodatabase.All digital photos will be delivered using a naming convention that is hyperlinked into the GPS point they are associated with in the Geodatabase. Mid-vest I Illy i :w E _ _m ,:....+: w e .:mom.};r<xtip.�e=G;>"nSv�:?;;:e:�x•2 4", •..� ., - Cost of Services This project is a lump sum project. Billing will be done on a monthly basis.All work done for each month will be billed by the hour.The total cost of the project is not to exceed the total for each phase listed above. The project will encompass the following tasks: Cost Initial to Approve GPS Data Collection -Traffic Control Signs with Digital Photos0------------$59,500 Project Schedule: It is estimated this project would take approximately three (3) months to complete. With a start date of January 1, 2014 it is estimated that the project would be complete around April 1, 2014. This cost is good for 90 days from the date on this proposal.After that time expires,the project cost will have to be re- evaluated. I agree to the terms and conditions of this contract, and give Mid-West GIS, Inc. official notice to proceed. Signature of Authorized Official Date Printed Name and Title - December 2, 2013 Shane C McDermott, President Date Mid-West GIS,Inc. 233 S. 9th St Quincy, IL 62301 (217) 222-7793 mild-WestGI i z # r References [ Mid-West GIS Village of Downers Grove (All Municipal Roads) Project Date:2011 Contact: Karen Robbins KRobbins@downers.us (630)434-5492 East Moline, IL(All Municipal Roads) Project Date:2011 Contact: Joseph Miller JMiller@eastmoline.com (309)752-1540 Pike County/City of Pittsfield, IL(County,Townships& Most municipalities in County) Project Date:2008 Contact: Chris Johnson pikehd@adams.net (217)473-6834 City of Pampa,TX(All Municipal Roads) Project Date:2009 9.0 Square Miles,150 centerline miles of road Contact: Donny Hooper, Director of Public Works DHOOPER@cityofpampa.org (806)669-5750 Scott County, lA(All County Roads) Project Date:2011 Contact: Ray Weiser,GIS Coordinator rweiser@scottcountyiowa.com (563)328-4137 Hancock County, IL(12 Municipalities &24 Townships) -All under one project Project Date: 2011 806 Square Miles, 174 Miles of Municipal Road, 1115 Miles of Township Road Contact: Elgin Barry, County Engineer hancockh@adams.net (217)357-3155 Mild-WestO • c - • o s s s.e - a K,,� References Mid-West GIS Lake County, IN (All County&Township Roads) Project Date:2010 497 Square Miles Sub Contracted through The SidwelI Company Contact: Neal Carpenter NCarpenter@sidwellco.com (630)549-1000 Mason County, IL(All Townships and Most Municipalities) Project Date: 2008 557 Square Miles,877 Miles of Road Contact: Mike Pedigo,County Engineer countyengineer@grics.net (309)543-3253 DeWitt County, IL(AlI County&Township Roads) Project Date: 2010 401 Square Miles, 752 Miles of Road Contact: Craig Fink, County Engineer dchd@verizon.net (217)935-2438 i MiIestG Bu3yEAP�B4a.. ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. QitoN►' File ID: 14-16 Sponsor: Matt Busby Agenda Date: 1/21/2014 Index: In Control: City Council Meeting Presentation and discussion on pending or proposed state legislation with District 16 state legislators to include Senator David Farnsworth, Representative Doug Coleman and Representative Kelly Townsend. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. '+PizoN►' File ID: 14-12 Sponsor: George Hoffman Agenda Date: 1/21/2014 Index: In Control: City Council Meeting City manager's report. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.6. Piz File ID: 13-415 Sponsor: Brad Steinke Agenda Date: 1/21/2014 Index: In Control: City Council Meeting Public hearing regarding the draft development fee study entitled "Land Use Assumptions and Infrastructure Improvement Plan". Public hearing only. City of Apache Junction,Arizona Page 1 Printed on 611512026 PppCH J y°z City of Apache Junction 1Z0NP Development Services Department To: Mayor and City Council From: Brad Steinke, Director of Development Services Date: December 17, 2013 RE: Public Hearing for Development Fee Infrastructure Improvement Plan and Land Use Assumptions Background: On January 215t, the city council will hold a public hearing on the "Development Fee Study: Land Use Assumptions and Infrastructure Improvement Plan". This draft study was publically released on November 19, 2013, and is the first step towards bringing the city's development fee program into compliance with state law. Table 1 outlines the public process timetable for review and approval of the new development fees. Table 2 compares the existing development fees with the proposed development fees. As you can see, the city's proposed development fees are significantly less than the existing fees. This reduction is a result of, among other things, changes in state enabling law, updated projections and demographics and an updated transportation study for the city. Staff Recommendation. Staff recommends that the council conduct the public hearing, but not take action at this time. 300 E. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5082 • Fax(480)982-7010 Table 1: Protect Timeline January 21st City Council holds public hearing on Land Use Assumptions and Infrastructure Improvement Plan January 22nd to February 20th Minimum 30 day comment period March 4th 1. City Council adopts Land Use Assumptions and Infrastructure Improvement Plan. 2. 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 5th to April 4th Minimum 30 day comment period March 315t City Council work session on proposed development fees and development fee ordinance update. April 15th City Council public hearing on proposed development fees and development fee ordinance update. April 16th to May 15th Minimum 30 day comment period May 20th City Council adopts new development fees and development fee ordinance update. May 215Y to August 3rd Minimum 75 day waiting period August 4th New fees become effective 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph: (480)474-5082 •Fax(480)982-7010 Table 2: Comparison Between Existing and Proposed Development Fees RESIDENTIAL DEVELOPMENT FEES (Assessed per residential unit) LIBRARY PARKS& REC POLICE STREETS TOTAL Proposed Existing Proposed Existing Proposed Existing Proposed Existing Proposed Existing Single- $933 $721 $1,686 �1,801 $161 $294 $2,221 $6,323 $5,001 59,139 Family Manuf. $653 $572 $1,181 51,429 $113 $234 $1,880 $3,297 $31827 55,532 Home Multi- $750 $622 $1,355 51,555 $129 $254 $1,745 $41,440 $31979 56,871 Family NON-RESIDENTIAL DEVELOPMENT FEES (Assessed per square foot) POLICE STREETS TOTAL Proposed Existing Proposed Existing Proposed Existing Comm. $0.15 $1.80 $4.76 $13.64 $4.91 $15.43 Office $0.06 $0.68 $2.06 $5.68 $2.12 $6.36 01 Indus. $0.04 1 $0.27 1$1.30 01 $2.26 1 $1.31ML.53 300 E. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5082 • Fax(480)982-7010 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 7. �Piz oN* File ID: 14-15 Sponsor: Anna McCray Agenda Date: 1/21/2014 Index: In Control: City Council Meeting Presentation and discussion on the City of Apache Junction's procurement threshold requiring council approval. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 PQ P'CHES Home of the Superstition Mountains qR ONP DATE: JANUARY 13, 2014 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: BRYANT POWELL, ASSISTANT CITY MANAGER FROM: ANNA MCCRAY, MANAGEMENT ASSISTANT RE: PROCUREMENT THRESHOLD REQUIRING COUNCIL APPROVAL A discussion on the City of Apache Junction's procurement threshold requiring council approval is identified in the Fiscal Year 2014-2015 Council Work Plan. In preparation for that discussion, research of the towns and cities procurement thresholds within the City of Apache Junction's labor market was conducted. Findings are below. Currently,the City of Apache Junction City Code, Volume I Chapter 3 Administration Article 3-7-2 Procurements of$25,000 or more, requires council approval on any purchase in excess of$25,000.00, unless certain exemptions apply. The cities of Casa Grande, Maricopa, Mesa and the Town of Queen Creek all have this same procurement threshold provision. The City of Avondale requires council approval on any purchase in excess of$50,000.00. The City of Buckeye requires council approval on any purchase in excess of$100,000.00. The City of Goodyear requires council approval on any purchase in excess of$500,000.00. Both the towns of Oro Valley and Marana take a slightly different approach to procurement. Whereas,the town council approves the fiscal year budget and then purchases are processed administratively; regardless of value, unless required to obtain council approval subject to state law. Only expenditures not included in the adopted budget are subject to council approval thereafter. If the city council wishes to explore modifying the purchasing threshold requiring council approval, council direction to staff is the next step in the process. • Voice (480)982-8002 • FAX (480) 982-7018 •TDD(480)983-0095 • www.ajcity.net 300 E. Superstition Boulevard, Apache Junction,AZ 85219 Labor Market Procurement Threshold Comparisons --- --...-- ----- City/Town Amount Requiring Council Notes Approval Apache Junction $25,000 _ Avondale $50,000 Increased in 02.05.06 Buckeye _ $100,000 _ Casa Grande $25,000 AND for any purchase between $2,500-$24,999 that was not provided for in the adopted budget Goodyear $500,000 Formal purchases in excess of$50,000 up to $499,999 are processed through the procurement office Marana None All purchasing processed administratively unless required to have council approval by state law OR when funds for _ purchase were not included in the adopted budget Maricopa $25,000 Mesa $25,000 - — - Oro Valley None All purchasing processed administratively unle ss required to have council approval by state law OR when funds for _ purchase were not included in the adopted budget Queen Creek $25,000 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. '+PizoN►' File ID: 14-13 Sponsor: George Hoffman Agenda Date: 1/21/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, February 3, 2014. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 9. '+PizoN►' File ID: 14-14 Sponsor: George Hoffman Agenda Date: 1/21/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. for Tuesday, February 4, 2014. Other meetings if necessary. City of Apache Junction,Arizona Page 1 Printed on 611512026