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HomeMy WebLinkAbout2014 05.20 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, May 20,2014 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. 14-247 Acceptance of agenda. Consideration and action. Sponsors: Kathy Connelly 2. 14-248 Approval of minutes of special meeting of May 5, 2014. Consideration and action. Sponsors: Kathy Connelly Attachments: ccmin.050514.special Signed Minutes of May 5, 2014 3. 14-249 Approval of minutes of regular meeting of May 6, 2014. Consideration and action. Sponsors: Kathy Connelly Attachments: ccmin 050614 Signed Minutes of May 6, 2014 City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Meeting Agenda May 20,2014 4. 14-252 The mayor and council shall consider approval of award of two-year contacts to William Pearlman and Carrie Canizales for indigent defense services with a base monthly payment of$1,725.00 for each attorney. This item was discussed at the May 19, 2014 Work Session. Consideration and action. Sponsors: James Hazel Attachments: Memo to council Indigent Defense Services Bid Opening Contract Pearlman Contract Canizales 5. 14-258 The mayor and council shall consider the proposed contract with Public Sector Personnel Consultants for the City of Apache Junction Fiscal Year 14-15 Classification and Compensation Study in an amount not to exceed $57,000.00. Staff respectfully requests council approval of this item. Consideration and action. Sponsors: Liz Riley Attachments: Staff memo PSA PSPC 6. 14-241 Consideration of approval of Resolution No. 14-29, authorizing the submission of a grant for the Apache Junction Police Department's cold case unit to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2014-2015. Consideration and action. Sponsors: Heather Patel Attachments: Staff Report Resolution 14-29 Signed Resolution No. 14-29 7. 14-264 Consideration of approval of Resolution No. 14-31, authorizing the submittal of an application for East Valley Adult Resources to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2014-2015. Consideration and action. Sponsors: Heather Patel Attachments: Staff Report Resolution No. 14-31 Signed Resolution No. 14-31 City of Apache Junction,Arizona Page 2 Printed on 611512026 City Council Meeting Agenda May 20,2014 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. 8. 14-226 Proclamation designating the week of May 18-24, 2014 as "National Public Works Week." Reading and presentation. Sponsors: Giao Pham Attachments: Proclamation 9. 14-238 Presentation of donation to Mayor John Insalaco and Chief of Police Thomas E. Kelly by the Lost Dutchman Kennel Club of funds to purchase a bite suit for training of Diamont, the city's canine officer. Presentation. Sponsors: Roger Hacker 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. 10. 14-262 City manager's report. Presentation. Sponsors: Bryant Powell 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. 11. 14-239 Proposed Resolution No. 14-30, authorizing the submission of Fiscal Year 2014 Community Development Block grant application and holding a public hearing. Consideration and action. Sponsors: Heather Patel Attachments: Staff Report Resolution 14-30 Signed Resolution No. 14-30 City of Apache Junction,Arizona Page 3 Printed on 611512026 City Council Meeting Agenda May 20,2014 12. 14-244 Proposed Ordinance No. 1403, amending Apache Junction City Code, Volume I, Chapter 9, Health and Sanitation, Article 9-4, Private Recycling Containers, Section 9-4-4 (E), allowing recycling containers in manufactured home parks, manufactured home subdivisions and recreational vehicle parks, and declaring an emergency. Public hearing and consideration. Sponsors: Brad Steinke Attachments: 14-05-06(RecyclingBinsPH) Ordinance No. 1403 Signed Ordinance No. 1403 13. 14-246 Proposed Resolution No. 14-27, declaring as a public record that certain documents filed with the city clerk and entitled "Apache Junction City Code, Volume II, Land Development Code, Chapter 7, Development Fees", and establishing an effective date. Public hearing and consideration. Sponsors: Brad Steinke Attachments: Resolution No 14-27(DevFeeCodeUpdate) 14-05-06(2ndDevFeeResPH) Signed Resolution No. 14-27 14. 14-245 Proposed Ordinance No. 1399, amending Apache Junction City Code, Volume II, Land Development Code, by repealing Chapter 7, Development Fees in its entirety; and adopting by reference a new Chapter 7 entitled "Apache Junction City Code, Volume II, Land Development Code, Chapter 7, Development Fees" and establishing an effective date. Public hearing and consideration. Sponsors: Brad Steinke Attachments: 14-05-06(2ndDevFee0rdPH) Development Fee Ordinance Version 1 Ordinance 1399(UpdatedDevFeeCode) Signed Ordinance No. 1399 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. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. City of Apache Junction,Arizona Page 4 Printed on 611512026 City Council Meeting Agenda May 20,2014 15. 14-237 Council direction to staff on changes to Apache Junction City Code, Volume I, Chapter 3, Administration, to establish uniform language to allow the city manager to have sole discretion in removing department heads without city council ratification. Current city code language is inconsistent in the appointment and removal process for department head positions. Council may direct staff to amend the code and establish consistency. Discussion and direction to staff. Sponsors: Kathy Connelly 16. 14-255 Council direction to staff on changes to Apache Junction City Code, Volume I, Chapter 3, Administration, Article 3-1 City Manager, Section 3-1-8 Powers and Duties. This code section mandates the city manager(1) make recommendations to the council on ordinances and (2) make recommendations on all agenda items. Council may wish to revise this to make it permissive rather than required. Discussion and direction to staff. Sponsors. Kathy Connelly Attachments: Chapter 3-1-8 attachments L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 17. 14-70 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, June 2, 2014. Sponsors: Bryant Powell 18. 14-71 Executive Session at 5:45 P.M. for Tuesday, June 3, 2014. Other meetings if necessary. Sponsors: Bryant Powell 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. City of Apache Junction,Arizona Page 5 Printed on 611512026 City Council Meeting Agenda May 20,2014 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 6 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: 14-247 Sponsor: Kathy Connelly Agenda Date: 5/20/2014 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: 14-248 Sponsor: Kathy Connelly Agenda Date: 5/20/2014 Index: In Control: City Council Meeting Approval of minutes of special meeting of May 5, 2014. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 CITY COUNCIL SPECIAL MEETING MAY 5, 2014 The special meeting of the City Council of the City of Apache Junction, Arizona, was held on May 5, 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. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham Library Director Spencer Paden Parks and Recreation Director Jeff Bell Finance Director Donna Meinerts Development Services Director Brad Steinke Human Resources Director Liz Riley Assistant to the City Manager Matt Busby Others Present: City Magistrate James Hazel Principal Economic Development Specialist Janine Solley SPECIAL MEETING OF THE CITY COUNCIL MAY 5, 2014 PAGE 1 OF 6 ORDINANCE NO. 1401, AMENDING THE PERSONNEL RULES, RULE 8, AMENDING SECTION 12, HOLIDAYS AND SECTION 13, BIRTHDAY LEAVE WITH AN EMERGENCY CLAUSE ) Human Resources Director Liz Riley briefed the council on the item. Vice Mayor Barker opened the public hearing on the item. There being no one wishing to speak, she closed the public hearing and reopened the item to council discussion. There being no further discussion, she called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO. 1401 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Waldron MOVED THAT ORDINANCE NO. 1401, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. RESOLUTION NO. 14-18, DECLARING AS A PUBLIC RECORD AND ADOPTING CERTAIN DOCUMENTS ENTITLED SPECIAL MEETING OF THE CITY COUNCIL MAY 5, 2014 PAGE 2 OF 6 "'CLASSIFICATION PLAN FOR FISCAL YEAR 2014-2015" AND "COMPENSATION PLAN FOR FISCAL YEAR 2014-2015" ) ) City Clerk Kathleen Connelly briefed the council on the item. Vice Mayor Barker opened the public hearing on the item. There being no one wishing to speak, she closed the public hearing and reopened the item to council discussion. There being no further discussion, she called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 14-18, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD AND ADOPTING CERTAIN DOCUMENTS FILED WITH THE CITY CLERK ENTITLED "THE CLASSIFICATION PLAN FOR FISCAL YEAR 2014- 2015" AND "THE COMPENSATION PLAN FOR FISCAL YEAR 2014-2015"; AND DECLARING AN EMERGENCY, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. RESOLUTION NO. 14-17, ADOPTION OF TENTATIVE BUDGET FOR FISCAL YEAR 2014-2015 AND GIVING NOTICE OF FINAL BUDGET ADOPTION ) Assistant City Manager Bryant Powell briefed the council on the item. Councilmember Waldron asked if once they adopt this budget tonight, after this they can only decrease it and not increase it. City Clerk Kathleen Connelly stated within the funds . SPECIAL MEETING OF THE CITY COUNCIL MAY 5, 2014 PAGE 3 OF 6 Assistant City Manager Bryant Powell stated that is correct. Vice Mayor Barker commended the staff for working so hard on this budget and those who explained it so well . The council appreciates it. She then opened the public hearing on the item. Ms . Nancy Burgess, 116 S . Vista, Apache Junction, addressed the council . She stated she is the operations manager at the Apache Junction Food Bank. She thanked them for the city funding over the years; they would not be able to do it without the city' s help. They had their first strategic planning session a couple of weeks ago and determined they want to be a better community partner in the city. They will be doing a needs analysis to see where they are falling short as a nonprofit in serving the underserved, the seniors and the homeless . They hope this will help them to become a better community partner. She urged them to vote yes on this budget and that the increased funding will filter down to the nonprofits that currently receive city funding. They would like to go forward and implement new programs to help the citizens in need. Vice Mayor Barker closed the public hearing and reopened the item to council discussion. Assistant City Manager Bryant Powell stated the health and human services funding has been increased from $85, 000 to $100, 000 . Mayor Insalaco commented our previous vice mayor, Rick Dietz, had always been disappointed when we had to drop it down. He was hoping we could raise it up a little bit this year. When he told him it was going back up to $100, 000 he was really pleased. Rick Dietz gave a lot of time to this city and he thanks him for continuing to think of the people even now when he is out of office. Vice Mayor Barker closed the discussion with no further comments and called for a motion. SPECIAL MEETING OF THE CITY COUNCIL MAY 5, 2014 PAGE 4 OF 6 Councilmember Waldron MOVED THAT RESOLUTION NO. 14-17, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, FOR THE ADOPTION OF THE TENTATIVE BUDGET FOR THE CITY OF APACHE JUNCTION, ARIZONA, FOR FISCAL YEAR 2014-2015, HEREWITH SETTING FORTH THE TENTATIVE ESTIMATES FOR THE MONIES NECESSARY FOR THE PUBLIC EXPENSES OF THE CITY OF APACHE JUNCTION, ARIZONA, FOR THE FISCAL YEAR 2014-2015 AND GIVING NOTICE OF THE TIME AND PLACE FOR HEARING TAXPAYERS FOR THE ADOPTION OF THE FINAL BUDGET, AND DECLARING AN EMERGENCY, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ADJOURNMENT ) Vice Mayor Barker adjourned the meeting at 7 : 14 p.m. ACCEPTED THIS 20TH DAY OF MAY, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF MAY, 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk SPECIAL MEETING OF THE CITY COUNCIL MAY 5, 2014 PAGE 5 OF 6 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the City Council of the City of Apache Junction, Arizona, held on the 5th day of May, 2014 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 6th day of May, 2014 . KATHLEEN CONNELLY City Clerk SPECIAL MEETING OF THE CITY COUNCIL MAY 5, 2014 PAGE 6 OF 6 CITY COUNCIL SPECIAL MEETING MAY 5, 2014 The special meeting of the City Council of the City of Apache Junction, Arizona, was held on May 5, 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. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham Library Director Spencer Paden Parks and Recreation Director Jeff Bell Finance Director Donna Meinerts Development Services Director Brad Steinke Human Resources Director Liz Riley Assistant to the City Manager Matt Busby Others Present: City Magistrate James Hazel Principal Economic Development Specialist Janine Solley SPECIAL MEETING OF THE CITY COUNCIL MAY 5, 2014 PAGE 1 OF 6 ORDINANCE NO. 1401, AMENDING THE PERSONNEL RULES, RULE 8, AMENDING SECTION 12, HOLIDAYS AND SECTION 13, BIRTHDAY LEAVE WITH AN EMERGENCY CLAUSE } Human Resources Director Liz Riley briefed the council on the item. Vice Mayor Barker opened the public hearing on the item. There being no one wishing to speak, she closed the public hearing and reopened the item to council discussion. There being no further discussion, she called for a motion . Councilmember Waldron MOVED THAT ORDINANCE NO. 1401 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Waldron MOVED THAT ORDINANCE NO. 1401, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous. The motion carried. RESOLUTION NO. 14-18, DECLARING AS A PUBLIC RECORD AND ADOPTING CERTAIN DOCUMENTS ENTITLED SPECIAL MEETING OF THE CITY COUNCIL MAY 5, 2014 PAGE 2 OF 6 "CLASSIFICATION PLAN FOR FISCAL YEAR 2014-2015" AND "COMPENSATION PLAN FOR FISCAL YEAR 2014-2015" ) ) City Clerk Kathleen Connelly briefed the council on the item. Vice Mayor Barker opened the public hearing on the item. There being no one wishing to speak, she closed the public hearing and reopened the item to council discussion. There being no further discussion, she called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 14-18 , A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD AND ADOPTING CERTAIN DOCUMENTS FILED WITH THE CITY CLERK ENTITLED "THE CLASSIFICATION PLAN FOR FISCAL YEAR 2014- 2015" AND "THE COMPENSATION PLAN FOR FISCAL YEAR 2014-2015"; AND DECLARING AN EMERGENCY, BE APPROVED. Councilmember Wilson SECONDED THE MOTION . VOTE: Unanimous . The motion carried. RESOLUTION NO. 14-17, ADOPTION OF TENTATIVE BUDGET FOR FISCAL YEAR 2014-2015 AND GIVING NOTICE OF FINAL BUDGET ADOPTION ) Assistant City Manager Bryant Powell briefed the council on the item. Councilmember Waldron asked if once they adopt this budget tonight, after this they can only decrease it and not increase it. City Clerk Kathleen Connelly stated within the funds. SPECIAL MEETING OF THE CITY COUNCIL MAY 5, 2014 PAGE 3 OF 6 Assistant City Manager Bryant Powell stated that is correct. Vice Mayor Barker commended the staff for working so hard on this budget and those who explained it so well . The council appreciates it . She then opened the public hearing on the item. Ms. Nancy Burgess, 116 S. Vista, Apache Junction, addressed the council . She stated she is the operations manager at the Apache Junction Food Bank. She thanked them for the city funding over the years; they would not be able to do it without the city' s help. They had their first strategic planning session a couple of weeks ago and determined they want to be a better community partner in the city. They will be doing a needs analysis to see where they are falling short as a nonprofit in serving the underserved, the seniors and the homeless . They hope this will help them to become a better community partner . She urged them to vote yes on this budget and that the increased funding will filter down to the nonprofits that currently receive city funding. They would like to go forward and implement new programs to help the citizens in need. Vice Mayor Barker closed the public hearing and reopened the item to council discussion. Assistant City Manager Bryant Powell stated the health and human services funding has been increased from $85, 000 to $100, 000 . Mayor Insalaco commented our previous vice mayor, Rick Dietz, had always been disappointed when we had to drop it down . He was hoping we could raise it up a little bit this year. When he told him it was going back up to $100, 000 he was really pleased. Rick Dietz gave a lot of time to this city and he thanks him for continuing to think of the people even now when he is out of office. Vice Mayor Barker closed the discussion with no further comments and called for a motion. SPECIAL MEETING OF THE CITY COUNCIL MAY 5, 2014 PAGE 4 OF 6 Councilmember Waldron MOVED THAT RESOLUTION NO. 14-17, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, FOR THE ADOPTION OF THE TENTATIVE BUDGET FOR THE CITY OF APACHE JUNCTION, ARIZONA, FOR FISCAL YEAR 2014-2015, HEREWITH SETTING FORTH THE TENTATIVE ESTIMATES FOR THE MONIES NECESSARY FOR THE PUBLIC EXPENSES OF THE CITY OF APACHE JUNCTION, ARIZONA, FOR THE FISCAL YEAR 2014-2015 AND GIVING NOTICE OF THE TIME AND PLACE FOR HEARING TAXPAYERS FOR THE ADOPTION OF THE FINAL BUDGET, AND DECLARING AN EMERGENCY, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous. The motion carried. ADJOURNMENT ) } Vice Mayor Barker adjourned the meeting at 7 : 14 p.m. ACCEPTED THIS 20TH DAY OF MAY, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF MAY, 2014. �N S . IN ALACO t4Y yor ATTEST: r KATHLEEN CONNELLY City Clerk SPECIAL MEETING OF THE CITY COUNCIL MAY 5, 2014 PAGE 5 OF 6 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the City Council of the City of Apache Junction, Arizona, held on the 5th day of May, 2014 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 6th/ day of May, 2014 . KATHLEEN CONNELLY ,7 City Clerk SPECIAL MEETING OF THE CITY COUNCIL MAY 5, 2014 PAGE 6 OF 6 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 3. '+'Piz File ID: 14-249 Sponsor: Kathy Connelly Agenda Date: 5/20/2014 Index: In Control: City Council Meeting Approval of minutes of regular meeting of May 6, 2014. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 CITY COUNCIL REGULAR MEETING MAY 6, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 6, 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 : 04 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Evans led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham Parks and Recreation Director Jeff Bell City Engineer Emile Schmid Development Services Director Brad Steinke Assistant to the City Manager Matt REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 1 OF 26 Busby Others Present: City Magistrate Jim Hazel ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE DONS OF ARIZONA TO PROVIDE WAYFINDING SIGNAGE TO THE HISTORIC LOST DUTCHMAN MONUMENT IN THE AMOUNT OF $1, 300 FROM THE DONS OF ARIZONA WITH THE CITY PROVIDING FOUR SIGNS AND MAINTENANCE; AND THAT AUTHORIZATION BE GIVEN FOR TO THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None . ANNOUNCEMENT OF CURRENT EVENTS Councilmember Rizzi announced two Saturdays ago she was invited to the renaming ceremony of VFW Post #7968 . It has been renamed to the George P. Diehl Post. There was a great turnout and celebration of his accomplishments, including stories by members, friends and family. Councilmember Wilson announced B & B Feed Store has closed its doors . It opened in 1978 and supported the horse community of the East Valley, raising relief aid during fires and assisted the city in horse rescues . He will miss the facility and wishes their family the best as they move on to other opportunities . REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 2 OF 26 Vice Mayor Barker thanked the parks and recreation department for the Easter Egg Hunt a couple of Saturdays ago. She was the Easter Bunny and had great fun. They did a wonderful job. Councilmember Waldron thanked VFW #9399 for agreeing to purchase a new set of flags for the Focal Point. Councilmember Evans commented the Cinco de Mayo Festival at the community garden was extremely well attended. There were over 50 vendors, live music and it was the biggest event held there. Ace Hardware will provide lighting for the garden at night. Bonnie Plants will replace everything that was stolen earlier and will provide new plants each growing season for the garden beds . Scott Soils will add another 25 beds and provide all the soils for those. Out of something tragic it has turned into something big. Councilmember Serdy commented he is happy they are doing the signs with the Dons and sprucing up the monument more. It is a treasure in the middle of town. Councilmember Serdy commented one of the trash companies changed their policy in the last couple of weeks . He was not happy with his service and they worked out something different. He encouraged others to call them and let their management work on it. Mayor Insalaco commented he was a speaker a couple of weeks ago at the 20th Anniversary of Phoenix-Mesa Gateway. Mayor Insalaco commented he was also an instructor at the high school senior interviews along with Assistant City Manager Bryant Powell and four or five other staff members . It was a pleasure to see how well the students acted and were dressed. Comments they made were above what you would normally hear from 17-year-olds and 18-year-olds . Mayor Insalaco commented on Saturday morning they had a Paws and Claws program at Harley-Davidson. He is glad he already had two dogs or he would have had two more. Mayor Insalaco announced they had a salsa contest at Mountain Health and Wellness Saturday. Supervisor Pete Rios, Mr. Smith REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 3 OF 26 from Bonnie' s, two other people and he were the judges . His throat burned afterwards but it was a fun time for all . It was very well attended. CITY MANAGER' S REPORT City Manager George Hoffman commented on planning ahead for the position of city manager and a smooth transition, including Bryant Powell taking on city manager' s duties . He commented on the interim department head positions for public works, the police department and the library that eventually led to taking the interim title off. In his time remaining, he will be focusing on State Land and Lost Dutchman Heights, strategic finance issues to include a possible permanent base adjustment, an investment and debt management policy and the Public Safety Personnel Retirement System. He will also address the long term issues of infrastructure and economic development. PUBLIC HEARINGS ORDINANCE NO. 1400, AMENDING CITY CODE CHAPTER 5, MUNICIPAL COURT ) ) City Clerk Kathleen Connelly briefed the council on the item. City Magistrate Jim Hazel stated the city clerk did a good job summarizing it and he was there to answer any questions they may have. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and called for any further discussion. There being no further discussion, he closed the item and called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO. 1400 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 4 OF 26 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1400, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. RESOLUTION NO. 13-32, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON TAMARISK STREET FROM TOMAHAWK ROAD TO DESCANSO ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-13-32, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT- OF-WAY; RESOLUTION NO. 14-22, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON SHIPROCK STREET FROM TOMAHAWK ROAD TO VISTA ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-14-22, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY/ RESOLUTION NO. 14-24, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON COLT ROAD FROM ROOSEVELT STREET TO TAMARISK STREET, AND DESCRIBED IN EXTINGUISHEMENT CASE EX-14-24, REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 5 OF 26 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT- OF-WAY ) City Engineer Emile Schmid briefed the council on the three items . Mayor Insalaco opened the public hearing on Resolution No. 13-32 . There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO. 13-32, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON TAMARISK STREET FROM TOMAHAWK ROAD TO DESCANSO ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-13-32, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED. Councilmember Evans SECONDED THE MOTION. VOTE : Unanimous . The motion carried. Mayor Insalaco opened the public hearing on Resolution No. 14-22 . There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 14-22, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON SHIPROCK STREET FROM TOMAHAWK ROAD TO VISTA ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-14-22, ARE NO LONGER NECESSARY FOR PUBLIC REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 6 OF 26 USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Mayor Insalaco opened the public hearing on Resolution No. 14-24 . There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Evans MOVED THAT RESOLUTION NO. 14-24, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON COLT ROAD FROM ROOSEVELT STREET TO TAMARISK STREET, AND DESCRIBED IN EXTINGUISHMENT CASE EX-14-24, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. RESOLUTION NO. 14-28, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE/ ORDINANCE NO. 1402, A CITY- INITIATED COMPREHENSIVE AMENDMENT TO APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, THAT REPEALS CHAPTER 1, ZONING REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 7 OF 26 ORDINANCE, AND ADOPTING BY REFERENCE A NEW CHAPTER 1 ENTITLED "APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE ) Development Services Director Brad Steinke briefed the council on the item. He asked the city clerk if the resolution should be done on its own. City Clerk Kathleen Connelly stated she would like the city attorney to respond to that. She asked if they should wait until the public hearing on the ordinance itself and then vote on the resolution followed by the ordinance. City Attorney Joel Stern stated that would be the correct order. Vice Mayor Barker asked if they are going to Item No. 10 first. City Clerk Kathleen Connelly stated they are going to Item No. 10 and open the public hearing. Vice Mayor Barker commented they would then go back for the resolution on Item No. 9 . Development Services Director Brad Steinke continued with his briefing on the item. Mayor Insalaco opened the public hearing on the items . Mr. Charles Keith, 10220 E. Apache Trail, Apache Junction, addressed the council . He stated his family owns six mobile home communities in Apache Junction and they are for the park model alternatives . Other cities are allowing them and they are losing business to Mesa. They would like to keep their business in Apache Junction. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 8 OF 26 Mayor Insalaco asked him if he approved of this item. Mr. Charles Keith stated they do. They are appreciative of Brad and the support staff has given them. They are urging the council to allow them to put these park model alternatives in the communities . It would help the businesses . They are constructed under Housing and Urban Development standards so they are better constructed than a lot of others in the area. He had pictures if they would like to see what they look like . Mayor Insalaco stated he did not believe that would be necessary. Mr. Charles Keith commented if anyone had any questions he would be happy to answer them. Vice Mayor Barker commented she was convinced. Mayor Insalaco commented they are convinced. He then closed the public hearing with no one else wishing to speak and reopened the item to council discussion. Vice Mayor Barker commented she likes the idea of deleting number ten on the conditions table. Councilmember Rizzi agreed. Vice Mayor Barker commented she would like to see the deletion of number ten as part of the motion. She asked how they are dealing with the chicken problem. Councilmember Wilson recommended they be contained so they can avoid conflicts between neighbors . Chickens are free roaming and they do roam. There is an old adage where the chicken crossed the road because it wanted to see what was on the other side. They want to see what is over there and what they can eat. Somebody' s garden or REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 9 OF 26 flowers become open season for a chicken to try to peck at. He definitely recommended they put in the wording they be contained. Vice Mayor Barker asked what about numbers? Councilmember Wilson commented he has looked at several documents concerning the numbers on it. They are looking at it from the agriculture side. He asked the development services director what the average size is for a lot in the city. He was told it is 7, 000 to 8, 000 square feet. He was thinking they could have them in their backyards and maintain them in their backyards . Number one is they cannot have roosters; that will keep conflicts down. He looks at the numbers space-wise. He thinks two per 1, 500 square feet to 2, 000 square feet. If they have 6, 000 square feet or 7, 000 square feet they can have several . That would also include half acre locations as well . It goes down to the square footage of the property. Vice Mayor Barker asked if that synchronizes with what is on recommendation 8 where they are talking about the RS54 and 54M districts . Councilmember Rizzi commented it sounds like it is a little less . Vice Mayor Barker agreed. Mayor Insalaco commented it would be less . Councilmember Rizzi commented number 8 sounds less than what Councilmember Wilson is suggesting. Development Services Director Brad Steinke stated if they take the current requirement of 6 fowl per half acre or 20, 000 square feet, it would be 3 fowl per 10, 000 square feet and 1 . 5 fowl for 5, 000 square feet. That is less dense than Councilmember Wilson' s suggestion. He asked Councilmember Wilson what his suggestion was . REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 10 OF 26 Councilmember Wilson commented he said 2 fowl per 2, 000 square feet. Development Services Director Brad Steinke stated that is considerably less . Vice Mayor Barker agreed. She asked if they have to have them at all in the single family residential . Councilmember Evans asked if they could do it based on the size of the coop, or say they must be contained in a coop. The number would be up to them. If they are too crowded they are not going to have a lot of eggs anyway. A 10, 000 square foot lot that has a 3, 000 square foot coop on it could definitely take more chickens than if it had a 100 square foot coop. She asked if they really need to state the number of chickens versus that they must be maintained in a coop. She asked if that made sense. Vice Mayor Barker commented to Councilmember Wilson that he is the resident expert on chickens . Councilmember Rizzi commented when she suggests they have the chickens contained, anytime she has had chickens in a residential area they roamed free during the day and they put themselves away when the sun went down. They never got out of her yard and into a neighbor' s yard. She asked if when she is suggesting they keep them contained they must keep them contained at all times on her property or they must be contained on her property in a coop. Councilmember Wilson commented they must be maintained on your property. Councilmember Rizzi commented they can roam as long as they are not off the property. Councilmember Wilson commented they can use a fence or clip their wings to keep them from flying, there are several things one can do. They can even have the top part of the fence leaning in towards their REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 11 OF 26 property. That way the bird cannot get out and go over. He believes they need to be contained on your property. To allow the chickens to roam totally free on the small lots will cause some problems with neighbors, especially if someone has a garden. Chickens like green. They will go after green as well as all the bugs and they can do some damage if you have a garden. He does not mean they necessarily have to be contained in a coop because some people want to have the free roaming range eggs . He will not discuss those. The important portion of this is they are maintained on your property. Numbers wise, he did not necessarily want to go into a coop size where we come out with definitions of what is allowed or not. They do not need a coop inspector. Councilmember Evans commented she thought if they had a coop to whatever size they built it, they could contain what number they wanted. If they wanted two or if they wanted ten, as long as they were contained. Councilmember Wilson commented he was trying to figure out a way of doing something on the size of the property. It would be a way of saying they have an "x" number of square footage and this would be the number of birds they could have. Councilmember Rizzi commented she thinks that is pretty simple. Councilmember Evans asked if they could do that for dogs . Councilmember Wilson commented we do not do that for dogs . Vice Mayor Barker commented we do not have a number yet and we need one that actually matches up with B. Development Services Director Brad Steinke stated pick your number on C and he will match B up. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 12 OF 26 There was general discussion on the number of chickens that would be allowed based on the square footage . The consensus was two chickens for every 1, 500 square feet. Mayor Insalaco commented there is one thing he has a problem with and it is the word fowl . A peacock is a fowl . Anyone that has ever been near one knows you cannot put on in a coop. They are the noisiest creatures on this earth. He asked how they would stop that. He asked if they would put fowl and chickens because someone will come up and say they want a peacock and it is a fowl . Vice Mayor Barker commented she has a problem with peacocks, too. Development Services Director Brad Steinke stated they would let them have the peacock. Councilmember Wilson agreed that they ask peacocks not be allowed in the residential area. Mayor Insalaco commented he hoped not. Councilmember Wilson commented they are beautiful but he lives in a 1 . 25 acre area and there are three peacocks that are quite some distance away from them and they can hear them. Councilmember Serdy asked if the square feet they are talking about covers the entire property or just the area of the yard. Councilmember Wilson commented it is the entire property. Councilmember Rizzi commented two for 1, 500 square feet sounds reasonable. Development Services Director Brad Steinke stated if they do not want peacocks, they can say no roosters or peacocks, if that is a particular issue. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 13 OF 26 Mayor Insalaco commented if they do not put it in someone down the road will say they have a peacock when it says fowl . Vice Mayor Barker commented that ostriches are, too. Councilmember Evans asked if they could just say chickens and all other fowl would not be allowed. Councilmember Wilson commented they could say chickens only. Vice Mayor Barker commented peafowl would cover both. Mayor Insalaco commented with all the things they have to worry about in the city they are talking about chickens . There was general discussion about saying chickens only. The consensus was to say chickens only. Vice Mayor Barker commented it takes away the cute, little ducks and geese. In revision number 8, that would exclude all reference to fowl and replace that with the word chicken. She asked if that was correct. Development Services Director Brad Steinke stated that was correct. Councilmember Rizzi commented someone could argue that a rooster is a chicken. Development Services Director Brad Steinke stated they still have no roosters . Councilmember Rizzi asked if he would be leaving that in. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 14 OF 26 Development Services Director Brad Steinke stated he would. City Clerk Kathleen Connelly asked if they wanted to address where the small livestock can be kept, specifically in the front yard. Mayor Insalaco commented he hoped they were saying in the backyard for the chickens . City Clerk Kathleen Connelly stated she is not sure the chickens will be in the backyard. Development Services Director Brad Steinke stated this does not limit the location of these animals . Mayor Insalaco commented it will be fun keeping a chicken in a front yard that is not fenced in. Councilmember Wilson asked if they could do anything so they would have to maintain it on their property. Councilmember Rizzi commented they can require them to do so. Development Services Director Brad Steinke stated they would be adding chickens only, with no roosters, and the chickens need to be contained on the property. He thinks they should work with the city attorney with the language on this or they could lose their chicken rights . He will match up B with whatever number they come up with. City Clerk Kathleen Connelly stated it would be the same for the livestock. Development Services Director Brad Steinke stated that is correct. The livestock need to be contained. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 15 OF 26 Councilmember Serdy asked for an explanation on how they are voting on this as it sounds like they are all for limiting the amount of chickens . He does not see a problem with it. There is a lot of movement out there for people . You may have a single person who wants to turn his entire yard into a garden and raising chickens . As long as it is not a problem he does not see a problem with it. He will vote no on limiting the amount of chickens . One could look at a section as big as this and you could put a lot of chickens in here comfortably. Vice Mayor Barker commented comfortable chickens . Councilmember Serdy commented on how big the council chambers is . It is less than 3, 000 square feet and one could only have 4 chickens in here. Vice Mayor Barker commented that is true. According to this he could only have four. However, that is only in a residential area. They are only talking about residential areas . Mayor Insalaco commented they are not talking about the 1 . 25 acre or larger properties . Councilmember Serdy commented his philosophy has always been what harm is there. If people think they need these eggs, he will just say no. City Attorney Joel Stern stated if there is a no vote on any individual piece, then that becomes a no vote on the whole thing for that particular councilmember. He wanted to point that out. Development Services Director Brad Steinke stated this is not forever and ever. If they create language and later find out they have people with 100 chickens and they are doing egg production out of their residential property and it is bothering the neighborhood, they can come back and change the law if there is a problem. They do it all the time. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 16 OF 26 City Attorney Joel Stern stated there is cost in that . Councilmember Serdy commented there is also a smell . After a rain, if you have any kind of animals in your backyard the smell is elevated. Neighbors will complain that is a problem, then enforce it. Make it complaint driven. Development Services Director Brad Steinke stated they do need some measurements, some criteria. Otherwise it is very difficult to deal with an issue on nuisance. Nuisance is fuzzy. Something that is measurable is easy for them in the enforcement business . Vice Mayor Barker asked what happens if someone wanted to have a home business of selling eggs . She asked if it is already covered. Development Services Director Brad Steinke stated a home occupation allows ten vehicles to come to the site per day. He would think they could run a very profitable chicken egg business out of a residence . Mayor Insalaco commented they will not get that out of 4 chickens . Development Services Director Brad Steinke stated they could if they had 100 . Councilmember Serdy commented they could get $15 to $20 a week. Vice Mayor Barker commented he did not try to buy eggs at the Wellness Festival . Free range chickens go for more. Mayor Insalaco asked if the city attorney had anything else to say. City Attorney Joel Stern stated the zoning map revisions should be a separate motion. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 17 OF 26 Vice Mayor Barker asked if they could tack it on as an amendment to this . City Attorney Joel Stern stated the problem with that is if someone wants to refer on just that one issue the whole thing could get referred. The problem is it is all one ordinance . Vice Mayor Barker commented it appears to her that to solve that problem they would need a separate item. Councilmember Wilson commented they would need a separate motion. City Attorney Joel Stern agreed that they would need a separate motion. Vice Mayor Barker commented they only need another motion, not another item in the packet. They do not need to put this off. It could be done following or prior to the zoning. City Attorney Joel Stern stated either one. The motion should be to direct staff to city-initiate the rezonings on those properties . He asked the development services director how many there are. Development Services Director Brad Steinke stated there are two. Vice Mayor Barker stated there are two properties : Meridian and Valley. Development Services Director Brad Steinke stated he talked to both property owners this morning and indicated the council might go in that direction. If so, staff would sit down with them and make a planned development ordinance that would come to the council separately. City Attorney Joel Stern commented that is approximately a four-month process where it has to go back to the planning and zoning commission with public REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 18 OF 26 hearings before coming back to the council . That way people are notified who are surrounding that property and they would have a right to speak on it. Councilmember Wilson commented they make a separate motion in the beginning to remove number 11 from this amendment list. City Attorney Joel Stern stated they remove it from here and it would be a separate motion after they do the rezoning ordinance . There was general discussion on what items they wanted left on the list. It was the consensus to leave one through nine . Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO. 14-28 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE, CHAPTER 1 ZONING ORDINANCE", ESTABLISHING AN EFFECTIVE DATE, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1402 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 19 OF 26 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1402, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS : THAT WE ACCEPT REVISIONS 1 THROUGH 9, THAT WE CHANGE REVISION 8 SO THAT ALL MENTION OF FOWL IS REMOVED AND REPLACED WITH THE WORD CHICKEN; THAT THE 2C INCLUDE THE INSTRUCTIONS THAT ALL CHICKENS ARE TO BE CONTAINED ON THE PROPERTY WITH A NUMBER OF NO MORE THAN TWO FOR EVERY 1, 500 FOOT OF PROPERTY. Councilmember Wilson SECONDED THE MOTION. City Clerk Kathleen Connelly asked if she also wanted to make sure the livestock are contained. Vice Mayor Barker AMENDED HER MOTION TO STATE THAT ALL LIVESTOCK AND CHICKENS ARE CONTAINED. Councilmember Wilson SECONDED THE AMENDED MOTION. City Clerk Kathleen Connelly asked the city attorney if the effective date for the ordinance is going to be different than the normal 30 days . City Attorney Joel Stern stated it is at least 30 days . It is up to the council if they want to push this out 90 days or whatever. If they do not state any dates it has to be 30 days . The consensus of the council was they would not have a problem with 30 days . City Attorney Joel Stern stated they can remove that section so it is not stated in the ordinance. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 20 OF 26 City Clerk Kathleen Connelly asked if he wanted that in the record. Vice Mayor Barker asked what section it is in. City Attorney Joel Stern stated it is in Section V Establishing an Effective Date on Ordinance 1402 . That can be removed in the final . City Clerk Kathleen Connelly stated your amendment should state that Section V be removed from the ordinance . Vice Mayor Barker AMENDED HER MOTION TO STATE THAT SECTION V BE REMOVED FROM THE ORDINANCE. Councilmember Wilson SECONDED THE AMENDMENT. VOTE: 6-1 (Councilmember Serdy voted in opposition. ) During the vote Councilmember Serdy asked for clarification that the number of chickens is limited. He was advised it was . The motion carried. Councilmember Waldron MOVED THAT DIRECTION BE GIVEN TO STAFF TO START A CITY-INITIATED REZONING ON THE PROPERTY LOCATED AT 1407 SOUTH MERIDIAN AND THE ONE ON VALLEY DRIVE, 512 AND 516 NORTH VALLEY, THAT WE PROCEED WITH THE REZONING WITH THE PLANNED DEVELOPMENT OVERLAY. Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS None . REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 21 OF 26 NEW BUSINESS None . DIRECTION TO STAFF PROPOSED AMENDMENT OF APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 9 HEALTH AND SANITATION, ARTICLE 9-4 PRIVATE RECYCLING CONTAINERS, SECTION 9-4-4 (E) TO ALLOW COMMERCIAL RECYCLING CONTAINERS IN MANUFACTURED HOME PARKS, MANUFACTURED HOME SUBDIVISIONS AND RECREATIONAL VEHICLE PARKS ) Development Services Director Brad Steinke briefed the council on the item. Mayor Insalaco opened the item to council discussion. There being no discussion, he called for a motion. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVE TO STAFF REGARDING THE PROPOSED AMENDMENT TO APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 9 HEALTH AND SANITATION, ARTICLE 9-4 PRIVATE RECYCLING CONTAINERS, SECTION 9-4-4 (E) : TO ALLOW COMMERCIAL RECYCLING CONTAINERS IN MANUFACTURED HOME PARKS, MANUFACTURED HOME SUBDIVISIONS AND RECREATIONAL VEHICLE PARKS . Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. PROCESS FOR CITY TO SUBMIT AND/OR COPSPONSOR RESOLUTIONS TO THE 2014 RESOLUTIONS COMMITTEE OF THE LEAGUE OF ARIZONA CITIES AND TOWNS ) REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 22 OF 26 ) Assistant to the City Manager Matt Busby briefed the council on the item. Mayor Insalaco commented he wished the city manager would check with the mayor and city council of Yuma as he is always voting for them. They always seem to have the same problems we have . It might be one they want to look into. Vice Mayor Barker asked where that was . Mayor Insalaco stated Yuma. Vice Mayor Barker commented she is really interested in requesting a review of the actuarial studies for the public safety retirement system. She would like to see the legislature step into that. She thinks it is terribly important. Assistant to the City Manager Matt Busby stated he believed that was a resolution. Vice Mayor Barker commented it was . Sierra Vista put it in and it is number 17 on last year' s list. She would very much like to co-sponsor that or sponsor it period and have someone else join us, whichever comes down the pike. Councilmember Evans asked if the one resolution that has been from Yuma is about the Highway Users Revenue Fund and restoring those. Mayor Insalaco asked if she wanted to tackle it. Councilmember Evans commented why not. Mayor Insalaco closed the discussion with no further comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 23 OF 26 Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PROCESS FOR THE CITY TO SUBMIT AND/OR CO-SPONSOR RESOLUTIONS TO THE 2014 RESOLUTIONS COMMITTEE OF THE LEAGUE OF ARIZONA CITIES AND TOWNS : THAT WE USE THE SAME PROCESS AS WE DID IN PREVIOUS YEARS WHERE THE CITY MANAGER SUGGESTS RESOLUTIONS OR SPONSORSHIPS WITH THE APPROVAL OF THE MAYOR. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, MAY 19, 2014, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. BE HELD ON TUESDAY, MAY 20, 2014, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Ms . Sue Ward, 2900 W. Superstition, Apache Junction, addressed the council regarding getting a conditional use permit for a craft fair at her mobile home park. Vice Mayor Barker requested Development Services Director Brad Steinke and City Clerk Kathleen Connelly speak to this woman. City Clerk Kathleen Connelly stated there is a licensing requirement. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 24 OF 26 Vice Mayor Barker commented she needs that information and needs to be helped out here. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 8 : 05 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of April 15, 2014 . 3 . Proposed agreement with the Dons of Arizona to provide wayfinding signage to the historic Lost Dutchman Monument located in the downtown. ACCEPTED THIS 20TH DAY OF MAY, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF MAY, 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 6th REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 25 OF 26 day of May, 2014 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of May, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 26 OF 26 CITY COUNCIL REGULAR MEETING MAY 6, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 6, 2014 , at the Apache Junction City Council Chambers pursuant to the notice required by law. GALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 04 p.m. :NVOCATION Councilmember Wilson gave the Invocation. ?LEDGE OF ALLEGIANCE Councilmember Evans led the Pledge of Allegiance. BOLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham Parks and Recreation Director Jeff Bell City Engineer Emile Schmid Development Services Director Brad Steinke Assistant to the City Manager Matt REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 1 OF 26 Busby Others Present : City Magistrate Jim Hazel ACCEPTANCE OF CONSENT AGENDA } } Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE DONS OF ARIZONA TO PROVIDE WAYFINDING SIGNAGE TO THE HISTORIC LOST DUTCHMAN MONUMENT IN THE AMOUNT OF $1, 300 FROM THE DONS OF ARIZONA WITH THE CITY PROVIDING FOUR SIGNS AND MAINTENANCE; AND THAT AUTHORIZATION BE GIVEN FOR TO THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Rizzi announced two Saturdays ago she was invited to the renaming ceremony of VFW Post #7968 . It has been renamed to the George P. Diehl Post . There was a great turnout and celebration of his accomplishments, including stories by members, friends and family. Councilmember Wilson. announced B & B Feed Store has closed its doors. It opened in 1978 and supported the horse community of the East_ Valley, raising relief aid during fires and assisted the city in horse rescues . He will miss the facility and wishes their family the best as they move on to other opportunities . REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 2 OF 26 Vice Mayor Barker thanked the parks and recreation department for the Easter Egg Hunt a couple of Saturdays ago . She was the Easter Bunny and had great fun. They did a wonderful job. Councilmember Waldron thanked VFW #9399 for agreeing to purchase a new set of flags for the Focal Point. Councilmember Evans commented the Cinco de Mayo Festival at the community garden was extremely well attended. There were over 50 vendors, live music and it was the biggest event held there. Ace Hardware will provide lighting for the garden at night. Bonnie Plants will replace everything that was stolen earlier and will provide new plants each growing season for the garden beds. Scott Sails will add another 25 beds and provide all the soils for those. Out of something tragic it has turned into something big. Councilmember Serdy commented he is happy they are doing the signs with the Dons and sprucing up the monument more. It is a treasure in the middle of town. Councilmember Serdy commented one of the trash companies changed their policy in the last couple of weeks . He was not happy with his service and they worked out something different . He encouraged others to call them and let their management work on it. Mayor Insalaco commented he was a speaker a couple of weeks ago at the 20th Anniversary of Phoenix-Mesa Gateway. Mayor Insalaco commented he was also an instructor at the high school senior interviews along with Assistant City Manager Bryant Powell and four or five other staff members . It was a pleasure to see how well the students acted and were dressed. Comments they made were above what you would normally hear from 17-year-olds and 18-year-olds . Mayor Insalaco commented on Saturday morning they had a Paws and Claws program at Harley-Davidson. He is glad he already had two dogs or he would have had two more. Mayor Insalaco announced they had a salsa contest at Mountain Health and Wellness Saturday. Supervisor Pete Rios, Mr . Smith REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 3 OF 26 from Bonnie' s, two other people and he were the judges . His throat burned afterwards but it was a fun time for all . It was very well attended. CITY MANAGER' S REPORT City Manager George Hoffman commented on planning ahead for the position of city manager and a smooth transition, including Bryant Powell taking on city manager' s duties . He commented on the interim department head positions for public works, the police department and the library that eventually led to taking the interim title off. In his time remaining, he will be focusing on State Land and Lost Dutchman Heights, strategic finance issues to include a possible permanent base adjustment, an investment and debt management policy and the Public Safety Personnel Retirement System. He will also address the long term issues of infrastructure and economic development. PUBLIC HEARINGS ORDINANCE NO. 1400, AMENDING CITY CODE CHAPTER S, MUNICIPAL COURT ) ) City Clerk Kathleen Connelly briefed the council on the item. City Magistrate Jim Hazel stated the city clerk did a good job summarizing it and he was there to answer any questions they may have. Mayor Insalaco opened the i)ublic hearing on the item. There being no one wishing to speak, he closed the public hearing and called for any further discussion. There being no further discussion, he closed the item and called for a motion. Councilmember Waldron MOVED .HAT ORDINANCE NO. 1400 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 4 OF 26 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1400, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. TESOLUTION NO. 13-32, DECLARING WHAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON TAMARISK STREET FROM TOMAHAWK ROAD TO DESCANSO ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-13-32, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS ('RESENT AND FUTURE PUBLIC RIGHT- OF-WAY; RESOLUTION NO. 14-22, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON SHIPROCK STREET FROM TOMAHAWK ROAD TO VISTA ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-14-22, :'ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY .XTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY/ RESOLUTION NO. 14-24, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON COLT ROAD FROM ROOSEVELT STREET TO TAMARISK STREET, AND DESCRIBED IN EXTINGUISHEMENT CASE EX-14-24, REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 5 OF 26 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT- OF--WAY ) j City Engineer Emile Schmid briefed the council on the three items . Mayor Insalaco opened the public hearing on Resolution No. 13-32 . There being no one wishing to speak, he closed the public hearing and reopened the -.tem to council discussion. There being no further discussion, t:e called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO. 13-32, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON TAMARISK STREET FROM '"OMAHAWK ROAD TO DESCANSO ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-13-32, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC PIOADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED. Councilmember Evans SECONDED `:'HE MOTION. VOTE: Unanimous. -he motion carried. Mayor Insalaco opened the public hearing on Resolution No. 14-22 . There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 14-22, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON SHIPROCK STREET FROM TOMAHAWK ROAD TO VISTA ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-14-22, ARE NO LONGER NECESSARY FOR PUBLIC REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 6 OF 26 USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous. The motion carried. Mayor Insalaco opened the pubic hearing on Resolution No. 14-24 . There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Evans MOVED THAT RESOLUTION NO. 14-24 , A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON COLT ROAD FROM ROOSEVELT STREET TO TAMARISK STREET, AND DESCRIBED IN EXTINGUISHMENT CASE EX-14-24 , ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . •'-ie motion carried. RESOLUTION NO. 14-28, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE/ ORDINANCE NO. 1402, A CITY- INITIATED COMPREHENSIVE AMENDMENT TO APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, THAT REPEALS CHAPTER 1, ZONING REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 P.-IGE 7 OF 26 ORDINANCE, AND ADOPTING BY R:�FERENCE A NEW CHAPTER 1 ENTITLED "'APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE } Development Services Director Brad Steinke briefed the council on the item. He asked the city clerk if the resolution should be done on its own. City Clerk Kathleen Connelly s::ated she would like the city attorney to respond to that . She asked if they should wait until the public hearing on the o-dinance itself and then vote on the resolution followed by the c=dinance. City Attorney Joel Stern s'Eated that would be the correct order. Vice Mayor Barker asked if L .!ey are going to Item No. 10 first . City Clerk Kathleen Connelly c ;.ated they are going to Item No. 10 and open the public hearing. Vice Mayor Barker commented t':ey would then go back for the resolution on Item No. 9. Development Services Director E=ad Steinke continued with his briefing on the item. Mayor Insalaco opened the public hearing on the items . Mr. Charles Keith, 10220 E. Apache Trail, Apache Junction, addressed the council . He stated hls family owns six mobile home communities in Apache Junction a�:d they are for the park model alternatives. Other cities are a-'-lowing them and they are losing business to Mesa. They would 1-ke to keep their business in Apache Junction. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 8 OF 26 Mayor Insalaco asked him if he approved of this item. Mr. Charles Keith stated they do. They are appreciative of Brad and the support staff has given them. They are urging the council to allow them to put these park model alternatives in the communities. It would help the businesses . They are constructed under Housing and Urban Development standards so they are better constructed than a lot of others in the area. He had pictures if they would like to see what they look like. Mayor Insalaco stated he did not believe that would be necessary. Mr. Charles Keith commented if anyone had any questions he would be happy to answer them, Vice Mayor Barker commented she was convinced. Mayor Insalaco commented they are convinced. He then closed the public hearing with no one else wishing to speak and reopened the item to council discussion. Vice Mayor Barker commented she likes the idea of deleting number ten on the conditions table . Councilmember Rizzi agreed. Vice Mayor Barker commented she would like to see the deletion of number ten as part of the motion. She asked how they are dealing with the chicken problem. Councilmember Wilson recommended they be contained so they can avoid conflicts between neighbors. Chickens are free roaming and they do roam. There is an old adage where the chicken crossed the road because it wanted to see what was on the other side. They want to see what is over there and what they can eat . Somebody' s garden or REGULAR. MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 9 OF 26 flowers become open season for a chicken to try to peck at . He definitely recommended they put in the wording they be contained. Vice Mayor Barker asked what about numbers? Councilmember Wilson commented he has looked at several documents concerning the numbers on it . They are looking at it from the agriculture side. He asked the development services director what the average size is for a lot in the city. He was told it is 7, 000 to 8, 000 square feet . He was thinking they could have them in their backyards and maintain them in their backyards. Number one is they cannot have roosters; that will keep conflicts down. He looks at the numbers space--wise . He thinks two per 1, 500 square feet to 2, 000 square feet . If they have 6, 000 square feet or 7, 000 square feet they can have several . That would also include half acre locations as well. It goes down to the square footage of the property. Vice Mayor Barker asked if that synchronizes with what is on recommendation 8 where they are talking about the RS54 and 54M districts . Councilmember Rizzi commented it sounds like it is a little less. Vice Mayor Barker agreed. Mayor Insalaco commented it would be less . Councilmember Rizzi commented number 8 sounds less than what Councilmember Wilson is suggesting. Development Services Director Brad Steinke stated if they take the current requirement of 6 fowl per half acre or 20, 000 square feet, it would be 3 fowl per 10, 000 square feet and 1 . 5 fowl for 5, 000 square feet . That is less dense than Councilmember Wilson' s suggestion. He asked Councilmember Wilson what his suggestion was. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 10 OF 26 Councilmember Wilson commented he said 2 fowl per 2, 000 square feet. Development Services ❑irector Brad Steinke stated that is considerably less. Vice Mayor Barker agreed. She asked if they have to have them at all in the single family residential . Councilmember Evans asked if they could do it based on the size of the coop, or say they must be contained in a coop. The number would be up to them. If they are too crowded they are not going to have a lot of eggs anyway. A 10, 000 square foot lot that has a 3, 000 square foot coop on it could definitely take more chickens than if it had a 100 square foot coop. She asked if they really need to state the number of chickens versus that they must be maintained in a coop. She asked if that made sense. Vice Mayor Barker commented to Councilmember Wilson that he is the resident expert on chickens . Councilmember Rizzi commented when she suggests they have the chickens contained, anytime she has had chickens in a residential area they roamed free during the day and they put themselves away when the sun went down. They never got out of her yard and into a neighbor' s yard. She asked if when she is suggesting they keep them contained they must keep them contained at all times on her property or they must be contained on her property in a coop . Councilmember Wilson commented they must be maintained on your property. Councilmember Rizzi commented they can roam as long as they are not off the property. Councilmember Wilson commented they can use a fence or clip their wings to keep them from flying, there are several things one can do. They can even have the top part of the fence leaning in towards their REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 11 OF 26 property. That way the bird cannot get out and go over. He believes they need to be contained on your property. To allow the chickens to roam totally free on the small lots will cause some problems with neighbors, especially if someone has a garden. Chickens like green. They will go after green as well as all the bugs and they can do some damage if you have a garden. He does not mean they necessarily have to be contained in a coop because some people want to have the free roaming range eggs. He will not discuss those. The important portion of this is they are maintained on your property. Numbers wise, he did not necessarily want to go into a coop size where we come out with definitions of what is allowed or not. They do not need a coop inspector. Councilmember Evans commented she thought if they had a coop to whatever size they built it, they could contain what number they wanted. If they wanted two or if they wanted ten, as long as they were contained. Councilmember Wilson commented he was trying to figure out a way of doing something on the size of the property. It would be a way of saying they have an "x" number of square footage and this would be the number of birds they could have . Councilmember Rizzi commented she thinks that is pretty simple. Councilmember Evans asked if they could do that for dogs . Councilmember Wilson commented we do not do that for dogs . Vice Mayor Barker commented we do riot have a number yet and we need one that actually matches up with B. Development Services Director Brad Steinke stated pick your number on C and he will match B up. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 12 OF 26 There was general discussion on the number of chickens that would be allowed based on the square footage . The consensus was two chickens for every 1, 500 square feet. Mayor Insalaco commented there .s one thing he has a problem with and it is the word fowl. A peacock is a fowl . Anyone that has ever been near one knows you cannot put on in a coop. They are the noisiest creatures on this earth. He asked how they would stop that. He asked if they would put fowl and chickens because someone will come up and say they want a peacock and it is a fowl. Vice Mayor Barker commented she has a problem with peacocks, too. Development Services Director Brad Steinke stated they would let them have the peacock. Councilmember Wilson agreed that they ask peacocks not be allowed in the residential area. Mayor Insalaco commented he hoped got. Councilmember Wilson commented they are beautiful but he lives in a 1 . 25 acre area and there are three peacocks that are quite some distance away from them and they can hear them. Councilmember Serdy asked if the square feet they are talking about covers the entire property or just the area of the yard. Councilmember Wilson commented it is the entire property. Councilmember Rizzi commented two for 1, 500 square feet sounds reasonable. Development Services Director Brad Steinke stated if they do not want peacocks, they can say no roosters or peacocks, if that is a particular issue . REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 13 OF 26 Mayor Insalaco commented if they do not put it in someone down the road will say they have a peacock when it says fowl . Vice Mayor Barker commented that ostriches are, too. Councilmember Evans asked if they could just say chickens and all other fowl would not be allowed. Councilmember Wilson commented they could say chickens only. Vice Mayor Barker commented peafowl would cover both. Mayor Insalaco commented with all the things they have to worry about in the city they are talking about chickens. There was general discussion about saying chickens only. The consensus was to say chickens only. Vice Mayor Barker commented it takes away the cute, little ducks and geese. In revision number 8, that would exclude all reference to fowl and replace that with the word chicken. She asked if that was correct. Development Services Director Brad Steinke stated that was correct . Councilmember Rizzi commented someone could argue that a rooster is a chicken. Development Services Director Brad Steinke stated they still have no roosters . Councilmember Rizzi asked if he would be leaving that in. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 14 OF 26 Development Services Director Brad Steinke stated he would. City Clerk Kathleen Connelly asked if they wanted to address where the small livestock can be kept, specifically in the front yard. Mayor Insalaco commented he hoped they were saying in the backyard for the chickens . City Clerk Kathleen Connelly stated she is not sure the chickens will be in the backyard. Development Services Director Brad Steinke stated this does not limit the location of these animals . Mayor Insalaco commented it will be fun keeping a chicken in a front yard that is not fenced in. Councilmember Wilson asked if they could do anything so they would have to maintain it on their property. Councilmember Rizzi commented they can require them to do so. Development Services Director Brad Steinke stated they would be adding chickens only, with no roosters, and the chickens need to be contained on the property. He thinks they should work with the city attorney with the language on this or they could lose their chicken rights. He will match up B with whatever number they come up with. City Clerk Kathleen Connelly stated it would be the same for the livestock. Development Services Director Brad Steinke stated that is correct. The livestock need to be contained. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 15 OF 26 Councilmember Serdy asked for an explanation on how they are voting on this as it sounds like they are all for limiting the amount of chickens . He does not see a problem with it . There is a lot of movement out there for people. You may have a single person who wants to turn his entire yard into a garden and raising chickens . As long as it is not a problem he does not see a problem with it. He will vote no on limiting the amount of chickens . One could look at a section as big as this and you could put a lot of chickens in here comfortably. Vice Mayor Barker commented comfortable chickens. Councilmember Serdy commented on how big the council chambers is . It is less than 3, 000 square feet and one could only have 4 chickens in here. Vice Mayor Barker commented that is true . According to this he could only have four. However, that is only in a residential area. They are only talking about residential areas. Mayor Insalaco commented they are not talking about the 1 . 25 acre or larger properties. Councilmember Serdy commented his philosophy has always been what harm is there. If people think they need these eggs, he will just say no. City Attorney Joel Stern stated if there is a no vote on any individual piece, then that becomes a no vote on the whole thing for that particular councilmember. He wanted to point that out. Development Services Director Brad Steinke stated this is not forever and ever. If they create language and later find out they have people with 100 chickens and they are doing egg production out of their residential property and it is bothering the neighborhood, they can come back and change the law if there is a problem. They do it all the time. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 16 OF 26 City Attorney Joel Stern stated there is cost in that . Councilmember Serdy commented there is also a smell. After a rain, if you have any kind of animals in your backyard the smell is elevated. Neighbors will complain that is a problem, then enforce it . Make it complaint driven. Development Services Director Brad Steinke stated they do need some measurements, some criteria . Otherwise it is very difficult to deal with an issue on nuisance . Nuisance is fuzzy. Something that is measurable _ is easy for them in the enforcement business . Vice Mayor Barker asked what happens if someone wanted to have a home business of selling eggs. She asked if it is already covered. Development Services Director Brad Steinke stated a home occupation allows ten vehicles to come to the site per day. He would think they could run a very profitable chicken egg business out of a residence . Mayor Insalaco commented they wi1.1 not get that out of 4 chickens. Development Services Director Brad Steinke stated they could if they had 100 . Councilmember Serdy commented they could get $15 to $20 a week. Vice Mayor Barker commented he did not try to buy eggs at the Wellness Festival. Free range chickens go for more. Mayor Insalaco asked if the city attorney had anything else to say. City Attorney Joel Stern stated the zoning map revisions should be a separate motion. REGULAR MEETING OF THE CITY COUNCIL MAX 6, 2014 PAGE 17 OF 26 Vice Mayor Barker asked if they could tack it on as an amendment to this . City Attorney Joel Stern stated the problem with that is if someone wants to refer on just that one issue the whole thing could get referred. The problem is it is all one ordinance. Vice Mayor Barker commented it appears to her that to solve that problem they would need a separate item. Councilmember Wilson commented they would need a separate motion. City Attorney Joel Stern agreed that they would need a separate motion. Vice Mayor Barker commented they only need another motion, not another item in the packet. They do not need to put this off. It could be done following or prior to the zoning . City Attorney Joel Stern stated either one . The motion should be to direct staff to cil-v-initiate the rezonings on those properties . He asked the development services director how many there are. Development Services Director Brad Steinke stated there are two. Vice Mayor Barker stated there are two properties : Meridian and Valley. Development Services Director Brad Steinke stated he talked to both property owners this morning and indicated the council might go in that direction. If so, staff would sit down with them and make a planned development ordinance that would come to the council separately. City Attorney Joel Stern commented that is approximately a four-month process where it has to go back to the planning and zoning commission with public REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 18 OF 26 hearings before coming back to the council . That way people are notified who are surrounding that property and they would have a right to speak on it . Councilmember Wilson commented they make a separate motion in the beginning to remove number 11 from this amendment list . City Attorney Joel Stern stated they remove it from here and it would be a separate motion after they do the rezoning ordinance. There was general discussion on what items they wanted left on the list . It was the consensus to leave one through nine. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO. 14-28 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE, CHAPTER 1 ZONING ORDINANCE", ESTABLISHING AN EFFECTIVE DATE, BE APPROVED. Councilmember Wilson SECONDED THE. MOTION. VOTE: Unanimous. The motion carried. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1402 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 19 OF 26 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1402 , AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS : THAT WE ACCEPT REVISIONS 1 THROUGH 9, THAT WE CHANGE REVISION 8 SO THAT ALL MENTION OF FOWL IS REMOVED AND REPLACED WITH THE WORD CHICKEN; THAT THE 2C INCLUDE THE INSTRUCTIONS THAT ALL CHICKENS ARE TO BE CONTAINED ON THE PROPERTY WITH A NUMBER OF NO MORE THAN TWO FOR EVERY 1, 500 FOOT OF PROPERTY. Councilmember Wilson SECONDED THE MOTION. City Clerk Kathleen Connelly asked if she also wanted to make sure the livestock are contained. Vice Mayor Barker AMENDED HER MOTION TO STATE THAT ALL LIVESTOCK AND CHICKENS ARE CONTAINED. Councilmember Wilson SECONDED THE AMENDED MOTION. City Clerk Kathleen Connelly asked the city attorney if the effective date for the ordinance is going to be different than the normal 30 days . City Attorney Joel Stern stated it is at least 30 days. It is up to the council if they want to push this out 90 days or whatever. If they do not state any dates it has to be 30 days . The consensus of the council was they would not have a problem with 30 days . City Attorney Joel Stern stated they can remove that section so it is not stated in the ordinance. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 20 OF 26 City Clerk Kathleen Connelly asked if he wanted that in the record. Vice Mayor Barker asked what section it is in. City Attorney Joel Stern stated it is in Section V Establishing an Effective Date on Ordinance 1402 . That can be removed in the final. City Clerk Kathleen Connelly stated your amendment should state that Section V be removed from the ordinance. Vice Mayor Barker AMENDED HER MOTION TO STATE THAT SECTION V BE REMOVED FROM THE ORDINANCE. Councilmember Wilson SECONDED THE AMENDMENT. VOTE: 6-1 (Councilmember Serdy voted in opposition. ) During the vote Councilmember Serdy asked for clarification that the number of chickens is limited. He was advised it was . The motion carried. Councilmember Waldron MOVED THAT DIRECTION BE GIVEN TO STAFF TO START A CITY-INITIATED REZONING ON THE PROPERTY LOCATED AT 1407 SOUTH MERIDIAN AND THE ONE ON VALLEY DRIVE, 512 AND 516 NORTH VALLEY, THAT WE PROCEED WITH THE REZONING WITH THE PLANNED DEVELOPMENT OVERLAY. Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 21 OF 26 NEW BUSINESS None. DIRECTION TO STAFF PROPOSED AMENDMENT OF APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 9 HEALTH AND SANITATION, ARTICLE 9-4 PRIVATE RECYCLING CONTAINERS, SECTION 9-4-4 (E) TO ALLOW COMMERCIAL RECYCLING CONTAINERS IN MANUFACTURED HOME PARKS, MANUFACTURED HOME SUBDIVISIONS AND RECREATIONAL VEHICLE PARKS ) Development Services Director Brad Steinke briefed the council on the item. Mayor Insalaco opened the item to council discussion. There being no discussion, he called for a motion. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVE TO STAFF REGARDING THE PROPOSED AMENDMENT TO APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 9 HEALTH AND SANITATION, ARTICLE 9-4 PRIVATE RECYCLING CONTAINERS, SECTION 9-4-4 (E) : TO ALLOW COMMERCIAL RECYCLING CONTAINERS IN MANUFACTURED HOME PARKS, MANUFACTURED HOME SUBDIVISIONS AND RECREATIONAL VEHICLE PARKS. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. PROCESS FOR CITY TO SUBMIT AND/OR COPSPONSOR RESOLUTIONS TO THE 2014 RESOLUTIONS COMMITTEE OF THE LEAGUE OF ARIZONA CITIES AND TOWNS ? REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 22 OF 26 ) Assistant to the City Manager Matt Busby briefed the council on the item. Mayor Insalaco commented he wished the city manager would check with the mayor and city council of Yuma as he is always voting for them. They always seem to have the same problems we have. It might be one they want to look into. Vice Mayor Barker asked where that was . Mayor Insalaco stated Yuma. "vice Mayor Barker commented she is really interested in requesting a review of the actuarial studies for the public safety retirement system. She would like to see the legislature step into that. She thinks it is terribly important . Assistant to the City Manager Matt Busby stated he believed that was a resolution. Vice Mayor Barker commented it was . Sierra Vista put it in and it is number 17 on last year' s list . She would very much like to co-sponsor that or sponsor it period and have someone else join us, whichever comes down the pike. Councilmember Evans asked if the one resolution that has been from Yuma is about the Highway Users Revenue Fund and restoring those. Mayor Insalaco asked if she wanted to tackle it. Councilmember Evans commented why not. Mayor Insalaco closed the discussion with no further comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 23 OF 26 Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PROCESS FOR THE CITY TO SUBMIT AND/OR CO-SPONSOR RESOLUTIONS TO THE 2014 RESOLUTIONS COMMITTEE OF THE LEAGUE OF ARIZONA CITIES AND TOWNS : THAT WE USE THE SAME PROCESS AS WE DID IN PREVIOUS YEARS WHERE THE CITY MANAGER SUGGESTS RESOLUTIONS OR SPONSORSHIPS WITH THE APPROVAL OF THE MAYOR. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, MAY 19, 2014, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5: 45 P.M. BE HELD ON TUESDAY, MAY 20, 2014, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Ms . Sue Ward, 2900 W. Superstition, Apache Junction, addressed the council regarding getting a conditional use permit for a craft fair at her mobile home park. Vice Mayor Barker requested Development Services Director Brad Steinke and City Clerk Kathleen Connelly speak to this woman. City Clerk Kathleen Connelly stated there is a licensing requirement. REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 24 OF 26 Vice Mayor Barker commented she needs that information and needs to be helped out here. ADJOURNMENT _ } } Mayor Insalaco adjourned the meeting at 8 : 05 p.m. Consent Agenda Items are as follows : I . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of April 15, 2014 . 3 . Proposed agreement with the Dons of Arizona to provide wayfinding signage to the historic Lost Dutchman Monument located in the downtown. ACCEPTED THIS 20TH DAY OF MAY, 2014 , BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF MAY, 2014 . N S . INSALACO ayor ATTEST: KA'l HLEEN CONNELLY j City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby cert.i-fy that the foregoing minutes are a true and cor--rect copy of the minutes of the regular meeting of the City Cou. cil of the City of Apache Junction, Arizona, held on the 6th REGULAR MEETING OF THE CITY COUNCIL, MAY 6, 2014 PAGE 25 OE' 26 day of May, 2014 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 12th day of May, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 6, 2014 PAGE 26 OF 26 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.4. Piz File ID: 14-252 Sponsor: James Hazel Agenda Date: 5/20/2014 Index: In Control: City Council Meeting The mayor and council shall consider approval of award of two-year contacts to William Pearlman and Carrie Canizales for indigent defense services with a base monthly payment of $1,725.00 for each attorney. This item was discussed at the May 19, 2014 Work Session. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 Pp A HF Home of the Superstition Mountains q� oNP Municipal Court TO: Mayor and City Council FROM: James W. Hazel, Presiding Magistrate RE: Approval of Contracts for Indigent Defense Services DATE: May 5, 2014 Both the Unites States and Arizona law require the appointment of public defenders to those who cannot afford an attorney when charged with a crime. The current contracts for indigent defense expire on June 30, 2014. The bids requesting "Statement of Qualifications for Indigent Defense Services"were opened on April 17, 2014. A copy of that bid opening is attached. I recommend approval of contracts with William Pearlman and Carrie Canizales to provide public defender services in the Apache Junction Municipal Court for a two-year term. The attorneys are paid $1,725.00 per month and are required to represent up to 165 clients in a fiscal year. The contract will be in effect from July 1, 2014-June 30, 2016. Your consideration of this recommendation is appreciated. BID OPENING TITLE OF BID OPENING: REQUEST FOR STATEMENT OF QUALIFICATIONS FOR INDIGENT DEFENSE SERVICES BID PROJECT NUMBER: DATE OF BID OPENING: THURSDAY, APRIL 17, 2014 AT 2:00 P.M. COMPANY NAME & ADDRESS STATEMENT OF QUALIFICATIONS RECEIVED WILLIAM J. PEARLMAN X 1237 S. Val Vista Mesa, AZ 85204 LAW OFFICES OF CARRIE CANIZALES, PLLC X 4802 E. Ray Road Suite 23-510 Phoenix, AZ 85044 Suzann eninger anet 1. ason Senior Clerk r DeputClerk Apache Junction Municipal FILE➢HPRITIA Pm2;56 PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND WILLIAM PEARLMAN FOR REPRESENTATION OF DEFENDANTS WHO COMMIT MISDEMEANORS FILED IN APACHE JUNCTION MUNICIPAL COURT THIS AGREEMENT is made and entered into this day of 20_, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and William J. Pearlman, Attorney at Law ("Attorney"), sometimes collectively referred to as the "Parties" or individually as a "Party". RECITALS A. The Presiding Magistrate of City's Municipal Court (hereinafter the "Court") appoints defense attorneys to provide legal representation services to defendants on an as-needed basis. B. While these types of professional services are exempt from the requirements of the open market procedures set forth in Apache Junction City Code, Vol. I, Article 3-7, the City has opted to advertise for bids in order to fully review the qualifications of all interested providers. C. After completion of the bidding process, City has identified Attorney as the preferred provider. D. This Agreement is intended to set forth the rights and obligations of the Parties. AGREEMENT NOW, THEREFORE, City agrees to retain and does hereby retain Attorney and Attorney agrees to provide the services required according to the terms and conditions set forth below: 1. ATTORNEY'S DUTIES: Attorney agrees to perform the following professional services: A. Provide legal defense for indigent defendants assigned to Attorney after execution date of this contract by Court. Court schedule will not be changed arbitrarily and without prior consideration of Attorney's schedule. Such services shall be on an "as needed" basis and City does not guarantee any minimum compensation or salary. B. Represent indigent defendants assigned to Attorney by the City Magistrate from the date of assignment through final disposition of assigned cases, whether the cases are completed during the agreement period or afterwards, and be responsible for completing all cases that are active through the Term of the Agreement. C. Prepare for and appear at all Court proceedings pertaining to assigned defendants including, but not limited to: pretrial conferences, motions, jury and non jury trials, evidentiary hearings, restitution hearings, sentence reviews, bond reduction or release motions, revocation of probation hearings, oral arguments, sentencings, order to show cause hearings, appellate proceedings and special actions, as well as appeals to higher courts. Attorney will not be required to be present at arraignments except where defendants request appointment of counsel and qualify for legal defense facilitated by City. In these instances, the arraignment will be continued until the time of a pretrial hearing, when Attorney shall be present. Once appointed, Attorney shall represent each defendant throughout all stages of the proceedings, including appeals and other appropriate post-conviction reliefs, until Attorney is relieved from the case by court. D. Provide personal consultation with clients prior to pretrial disposition conferences when requested or otherwise appropriate. Attorney shall maintain personal contact with all clients until assigned cases are terminated and shall use reasonable diligence in notifying such clients of official Court action resulting from their clients' nonappearance at scheduled court sessions (proof of such notice must be supplied upon request). E. Conduct the defense of indigent defendants in conformance with the minimum standards and requirements set forth in Stick/and v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L.Ed.2d 674 (1984); and in State v. Smith, 140 Ariz. 355, 681 P.2d 1374 (1984); and in State v. Lee, 142 Ariz. 210, 689 P.2d 153 (1984). In the event that a case involves two or more defendants or Attorney declares a conflict of interest, Court may assign one or more defendants to another Attorney. F. Provide substitute counsel when unable for any reason to appear in Court or at events described in subsection B above. Substitute counsel shall not be used routinely. In general, substitute counsel should be used only when Attorney cannot serve as defense counsel because of illness or scheduled vacation, or prior legal commitment of precedence in another 2 court. Within ten (10) calendar days of the execution of this agreement, Attorney shall provide the Presiding Magistrate with the names, addresses and telephone numbers of substitute counsel who will be responsible for providing defense services. No counsel shall be offered as a substitute in performance of defense services without the prior written consent of Court. Such consent shall not be arbitrarily or unreasonably withheld or withdrawn. G. Pay for interpreters for all out-of-court matters. Court will provide and will pay for interpreters for non-English speaking defendants for all in-court and pretrial proceedings. H. Pay all costs incurred in the representation of indigent defendants assigned by Court pursuant to this agreement including, but not limited to, office space, telephones, transportation, photographs, photocopies, office supplies, office overhead, reports, and secretarial services. 1. Obtain Court approval of all expert witnesses. City will be responsible for fees for expert witnesses up to a maximum of $500.00 per case, with the $500.00 figure exceeded only where appointment of such witness is ordered by Court. J. Advise Court when indigence of any given defendant is questionable. Attorney shall not be asked to advise clients until the Court has determined that they are indigent and are entitled to court-appointed Attorney representation. Attorney may request a review of the indigence of any defendant assigned to him/her. If Court makes a determination of non-indigence of such a defendant and allows Attorney to withdraw, Attorney shall not represent that defendant in that case for a fee. K. Give precedence to settings in the Court over civil cases and all other criminal cases in other courts which do not have precedence as provided by the Arizona Rules of Criminal Procedure. L. Serve as advisory counsel to in-custody defendants being seen by Court on the attorney regularly scheduled appearance day as permitted pursuant to Arizona Criminal Rules of Procedure, Rule 6.1(c). 2. ALLOWABLE CASELOAD: No more than 165 defendants annually will be assigned to Attorney during the Term of this Agreement by the Court. Attorney will be credited with one appointment for each defendant assigned. If 3 Attorney is appointed to represent a defendant who has more than one municipal court case pending, Attorney shall be credited with one-half of one appointment for each additional municipal court case associated with each assigned defendant. 3. OFFICE: Attorney shall have an office or make arrangements to use office that is located within forty-five (45) mile radius of the corporate limits of City for personal consultation with clients when requested and otherwise appropriate. Such office must receive clients in person and by telephone from 7:00 a.m. to 6:00 p.m., Mondays through Thursdays, but not Fridays, Saturdays, Sundays and legal holidays. 4. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Attorney for its professional services as follows: Regardless of number of hours worked or number of defendants represented, Attorney shall receive compensation in the amount of $20,700.00 annually, payable at a monthly rate of $1,725.00 per month, billable at the end of each month of service. Should any case be appealed to Superior Court, to include any special action, Attorney shall receive an additional $500.00 as the sole compensation for conducting such appeal. Any additional cases assigned above this annual amount shall be compensated at$160.00 per case. Attorney shall submit monthly invoices for payment no later than the tenth day of the calendar month for which Attorney is billing. City will make payment to Attorney within thirty (30) calendar days from date of receipt of invoice from Attorney. All fees will be monitored for reasonableness and for case management. Unreasonable fees will not be paid. If Attorney is present for pretrial for multiple defendants, the time charged to Court is to be divided by the number of defendants. 5. TERM: This Agreement shall be effective beginning July 1, 2014 and shall continue through June 30, 2016, subject to the Termination provisions set forth in Section 9 of this Agreement. 6. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Attorney with all data, information and other supporting services necessary and reasonable for Attorney to perform the services set forth within this Agreement. 7. ATTORNEY'S STANDARD OF PERFORMANCE: While performing the services, Attorney shall exercise the reasonable professional care and skill customarily exercised by reputable attorneys practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising his/her professional skill and expertise. Attorney shall be responsible for all errors and omissions Attorney commits in the performance of this Agreement. Attorney shall notify Court after being arrested for any violation of 4 any law within twenty-four (24) hours of such arrest. Attorney shall also advise Court no later than twenty-four (24) hours after being notified of any bar complaint being filed with any State Bar, or any arrest, and any self-reporting of unethical conduct. Any arrest, bar complaint or self-reporting may be considered a breach of good faith under this agreement, especially in situations where such circumstances place the City in a bad light or otherwise is a public embarrassment as determined by the Court in his or her sole discretion. 8. NOTICES: All notices to the other Party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: James Hazel Presiding Magistrate City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 If to Attorney: William J. Pearlman 1237 S Val Vista Suite 209 Mesa, AZ 85204 9. TERMINATION: Either Party may terminate this Agreement by providing thirty (30) days' written notice for any reason. 10. INDEPENDENT CONTRACTOR: The relationship created under this Agreement between Attorney and City/Court shall be solely that of an independent contractor, and nothing contained herein shall be construed to create a relationship of attorney-client, principal-agent, employer-employee, partnership, joint venture, or any relationship of any kind other than independent contractor. Because Attorney is an independent contractor, the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, Older Workers' Benefit Protection Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Arizona revenue and taxation laws, Arizona worker's compensation law, and Arizona unemployment insurance law are not applicable. Attorney will retain sole and absolute discretion and judgment in the manner and means of carrying out Attorney's activities and responsibility hereunder. As an independent contractor, Attorney is not required to perform work exclusively for City during the term of this Agreement. In the event of Termination, early or by non-renewal of this Agreement, Attorney shall, complete all assigned cases and within fifteen (15) calendar days after such notice is received by either Party, or within fifteen (15) calendar days of the anniversary date if the Agreement is not renewed, provide all client files to the Court and shall provide a final bill for services. 5 11. RECORDS: Records of Attorney'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. Attorney shall maintain records for a period of at least two (2) years after termination or non- renewal of this Agreement or for such time as is required applicable ethical rules and/or opinions, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 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 Attorney. 12. INSURANCE: Attorney shall purchase and maintain minimum professional liability/malpractice insurance with companies duly licensed, in an amount satisfactory to City/Court. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City/Court, constitute a material breach of this Agreement. 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/Court. City/Court 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/Court shall not be obligated, however, to review same or to advise Attorney of any deficiencies in such policies and endorsements, and such receipt shall not relieve Attorney from, or be deemed a waiver of, City's or Court's right to insist on strict fulfillment of Attorney's obligations under this Agreement. Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City from Attorney. 13. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Attorney. 14. FORCE MAJEURE: Neither City nor Attorney, 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 their control and without their fault or negligence or failure to comply with any applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather, acts of a public enemy, war, terrorism or act of terror 6 (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 services under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, desired by Attorney in connection with the services. Attorney agrees that Attorney alone will bear all risks of delay which are not Enforced Delay. 15. INDEMNIFICATION: To the fullest extent permitted by law, Attorney shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, employees and Court 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 Attorney, its agents, or employees in the performance of this Agreement. Attorney's duty to defend, hold harmless and indemnify City, its elected and appointed officers, officials, agents, employees and Court shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Attorney's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Attorney, or any other person for whose acts, errors, mistakes, omissions, work or services Attorney may be legally liable. The provisions of this paragraph shall survive termination of this Agreement. 16. WAIVER OF TERMS AND CONDITIONS: The failure of City or Attorney to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 17. 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 or removal in such proceeding to any other county or other jurisdiction. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action 7 shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 18. MODIFICATION OF CONTRACT: This contract shall be automatically modified to comply and conform to any subsequent change (regarding indigent representation) imposed by case law or rules promulgated by the Arizona Supreme Court. 19. LICENSE: Attorney represents and warrants that any license necessary to perform the work under this Agreement is current and valid; such license includes but is not limited to an Arizona license to practice law and a City of Apache Junction business license. Attorney understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Attorney agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code and keep such licenses current during the term of this Agreement. Attorney also represents and warrants that there are no pending bar complaints in any state Attorney is licensed to practice, and that Attorney is not on suspended, revoked, or disbarred status in any jurisdiction where so licensed. 20. MISCELLANEOUS: A. All agreements shall be interpreted to avoid questions of unethical conduct by Attorney or City. B. Attorney shall not collect or receive any payment or remuneration from defendants assigned to Attorney under this Agreement for services provided on the assigned cases. C. Attorney shall maintain current case logs and disposition records. D. Attorney shall not discriminate against any employee, or applicant for employment because of race, religion, color, gender, handicap, or national origin. E. Attorney shall permit the authorized representatives of City to inspect and audit records of Attorney relating to his/her performance under this contract within the confines of confidentiality. 21. NONASSIGNMENT: This is a personal service contract based on the personal reputation, expertise, and qualifications of Attorney and Attorney's duties under this Agreement are therefore not assignable. 8 22. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Attorney and supersede all prior negotiations, representations or agreements, express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically be considered enforceable contract provisions, and shall supersede any inconsistent provisions of any previously negotiated agreement and any applicable amendments thereto; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 23. SEVERABILITY: City and Attorney 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 law, 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. 24. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. ATTORNEY: W By: 9 CITY OF APACHE JUNCTION, n Arizona municipal cor oration: B J mes Pre ing Magist APPROVED AS TO FORM: 4�51, 14 RICHARD J. STERN City Attorney 10 PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND CARRIE CANIZALES FOR REPRESENTATION OF DEFENDANTS WHO COMMIT MISDEMEANORS FILED IN APACHE JUNCTION MUNICIPAL COURT THIS AGREEMENT is made and entered into this day of , 20_, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and Carrie Canizales, Attorney at Law ("Attorney"), sometimes collectively referred to as the "Parties" or individually as a "Party". RECITALS A. The Presiding Magistrate of City's Municipal Court (hereinafter the "Court') appoints defense attorneys to provide legal representation services to defendants on an as-needed basis. B. While these types of professional services are exempt from the requirements of the open market procedures set forth in Apache Junction City Code, Vol. I, Article 3-7, the City has opted to advertise for bids in order to fully review the qualifications of all interested providers. C. After completion of the bidding process, City has identified Attorney as the preferred provider. D. This Agreement is intended to set forth the rights and obligations of the Parties. AGREEMENT NOW, THEREFORE, City agrees to retain and does hereby retain Attorney and Attorney agrees to provide the services required according to the terms and conditions set forth below: 1. ATTORNEY'S DUTIES: Attorney agrees to perform the following professional services: A. Provide legal defense for indigent defendants assigned to Attorney after execution date of this contract by Court. Court schedule will not be changed arbitrarily and without prior consideration of Attorney's schedule. Such services shall be on an "as needed" basis and City does not guarantee any minimum compensation or salary. B. Represent indigent defendants assigned to Attorney by the City Magistrate from the date of assignment through final disposition of assigned cases, whether the cases are completed during the agreement period or afterwards, and be responsible for completing all cases that are active through the Term of the Agreement. C. Prepare for and appear at all Court proceedings pertaining to assigned defendants including, but not limited to: pretrial conferences, motions, jury and non jury trials, evidentiary hearings, restitution hearings, sentence reviews, bond reduction or release motions, revocation of probation hearings, oral arguments, sentencings, order to show cause hearings, appellate proceedings and special actions, as well as appeals to higher courts. Attorney will not be required to be present at arraignments except where defendants request appointment of counsel and qualify for legal defense facilitated by City. In these instances, the arraignment will be continued until the time of a pretrial hearing, when Attorney shall be present. Once appointed, Attorney shall represent each defendant throughout all stages of the proceedings, including appeals and other appropriate post-conviction reliefs, until Attorney is relieved from the case by court. D. Provide personal consultation with clients prior to pretrial disposition conferences when requested or otherwise appropriate. Attorney shall maintain personal contact with all clients until assigned cases are terminated and shall use reasonable diligence in notifying such clients of official Court action resulting from their clients' nonappearance at scheduled court sessions (proof of such notice must be supplied upon request). E. Conduct the defense of indigent defendants in conformance with the minimum standards and requirements set forth in Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L.Ed.2d 674 (1984); and in State v. Smith, 140 Ariz. 355, 681 P.2d 1374 (1984); and in State v. Lee, 142 Ariz. 210, 689 P.2d 153 (1984). In the event that a case involves two or more defendants or Attorney declares a conflict of interest, Court may assign one or more defendants to another Attorney. F. Provide substitute counsel when unable for any reason to appear in Court or at events described in subsection B above. Substitute counsel shall not be used routinely. In general, substitute counsel should be used only when Attorney cannot serve as defense counsel because of illness or scheduled vacation, or prior legal commitment of precedence in another 2 court. Within ten (10) calendar days of the execution of this agreement, Attorney shall provide the Presiding Magistrate with the names, addresses and telephone numbers of substitute counsel who will be responsible for providing defense services. No counsel shall be offered as a substitute in performance of defense services without the prior written consent of Court. Such consent shall not be arbitrarily or unreasonably withheld or withdrawn. G. Pay for interpreters for all out-of-court matters. Court will provide and will pay for interpreters for non-English speaking defendants for all in-court and pretrial proceedings. H. Pay all costs incurred in the representation of indigent defendants assigned by Court pursuant to this agreement including, but not limited to, office space, telephones, transportation, photographs, photocopies, office supplies, office overhead, reports, and secretarial services. I. Obtain Court approval of all expert witnesses. City will be responsible for fees for expert witnesses up to a maximum of $500.00 per case, with the $500.00 figure exceeded only where appointment of such witness is ordered by Court. J. Advise Court when indigence of any given defendant is questionable. Attorney shall not be asked to advise clients until the Court has determined that they are indigent and are entitled to court-appointed Attorney representation. Attorney may request a review of the indigence of any defendant assigned to him/her. If Court makes a determination of non-indigence of such a defendant and allows Attorney to withdraw, Attorney shall not represent that defendant in that case for a fee. K. Give precedence to settings in the Court over civil cases and all other criminal cases in other courts which do not have precedence as provided by the Arizona Rules of Criminal Procedure. L. Serve as advisory counsel to in-custody defendants being seen by Court on the attorney regularly scheduled appearance day as permitted pursuant to Arizona Criminal Rules of Procedure, Rule 6.1(c). 2. ALLOWABLE CASELOAD: No more than 165 defendants annually will be assigned to Attorney during the Term of this Agreement by the Court. Attorney will be credited with one appointment for each defendant assigned. If 3 Attorney is appointed to represent a defendant who has more than one municipal court case pending, Attorney shall be credited with one-half of one appointment for each additional municipal court case associated with each assigned defendant. 3. OFFICE: Attorney shall have an office or make arrangements to use office that is located within forty-five (45) mile radius of the corporate limits of City for personal consultation with clients when requested and otherwise appropriate. Such office must receive clients in person and by telephone from 7:00 a.m. to 6:00 p.m., Mondays through Thursdays, but not Fridays, Saturdays, Sundays and legal holidays. 4. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Attorney for its professional services as follows: Regardless of number of hours worked or number of defendants represented, Attorney shall receive compensation in the amount of $20,700.00 annually, payable at a monthly rate of $1,725.00 per month, billable at the end of each month of service. Should any case be appealed to Superior Court, to include any special action, Attorney shall receive an additional $500.00 as the sole compensation for conducting such appeal. Any additional cases assigned above this annual amount shall be compensated at$160.00 per case. Attorney shall submit monthly invoices for payment no later than the tenth day of the calendar month for which Attorney is billing. City will make payment to Attorney within thirty (30) calendar days from date of receipt of invoice from Attorney. All fees will be monitored for reasonableness and for case management. Unreasonable fees will not be paid. If Attorney is present for pretrial for multiple defendants, the time charged to Court is to be divided by the number of defendants. 5. TERM: This Agreement shall be effective beginning July 1, 2014 and shall continue through June 30, 2016, subject to the Termination provisions set forth in Section 9 of this Agreement. 6. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Attorney with all data, information and other supporting services necessary and reasonable for Attorney to perform the services setforth within this Agreement. 7. ATTORNEY'S STANDARD OF PERFORMANCE: While performing the services, Attorney shall exercise the reasonable professional care and skill customarily exercised by reputable attorneys practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising his/her professional skill and expertise. Attorney shall be responsible for all errors and omissions Attorney commits in the performance of this Agreement. Attorney shall notify Court after being arrested for any violation of 4 any law within twenty-four (24) hours of such arrest. Attorney shall also advise Court no later than twenty-four (24) hours after being notified of any bar complaint being filed with any State Bar, or any arrest, and any self-reporting of unethical conduct. Any arrest, bar complaint or self-reporting may be considered a breach of good faith under this agreement, especially in situations where such circumstances place the City in a bad light or otherwise is a public embarrassment as determined by the Court in his or her sole discretion. 8. NOTICES: All notices to the other Party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: James Hazel Presiding Magistrate City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 If to Attorney: Carrie Canizales 4802 E Ray Rd Ste 23-510 Phoenix, AZ 85044-6417 9. TERMINATION: Either Party may terminate this Agreement by providing thirty (30) days' written notice for any reason. 10. INDEPENDENT CONTRACTOR: The relationship created under this Agreement between Attorney and City/Court shall be solely that of an independent contractor, and nothing contained herein shall be construed to create a relationship of attorney-client, principal-agent, employer-employee, partnership, joint venture, or any relationship of any kind other than independent contractor. Because Attorney is an independent contractor, the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, Older Workers' Benefit Protection Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Arizona revenue and taxation laws, Arizona worker's compensation law, and Arizona unemployment insurance law are not applicable. Attorney will retain sole and absolute discretion and judgment in the manner and means of carrying out Attorney's activities and responsibility hereunder. As an independent contractor, Attorney is not required to perform work exclusively for City during the term of this Agreement. In the event of Termination, early or by non-renewal of this Agreement, Attorney shall, complete all assigned cases and within fifteen (15) calendar days after such notice is received by either Party, or within fifteen (15) calendar days of the anniversary date if the Agreement is not renewed, provide all client files to the Court and shall provide a final bill for services. 5 11. RECORDS: Records of Attorney'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. Attorney shall maintain records for a period of at least two (2) years after termination or non- renewal of this Agreement or for such time as is required applicable ethical rules and/or opinions, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 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 Attorney. 12. INSURANCE: Attorney shall purchase and maintain minimum professional liability/malpractice insurance with companies duly licensed, in an amount satisfactory to City/Court. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City/Court, constitute a material breach of this Agreement. 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/Court. City/Court 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/Court shall not be obligated, however, to review same or to advise Attorney of any deficiencies in such policies and endorsements, and such receipt shall not relieve Attorney from, or be deemed a waiver of, City's or Court's right to insist on strict fulfillment of Attorney's obligations under this Agreement. Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City from Attorney. 13. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Attorney. 14. FORCE MAJEURE: Neither City nor Attorney, 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 their control and without their fault or negligence or failure to comply with any applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather, acts of a public enemy, war, terrorism or act of terror 6 (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 services under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, desired by Attorney in connection with the services. Attorney agrees that Attorney alone will bear all risks of delay which are not Enforced Delay. 15. INDEMNIFICATION: To the fullest extent permitted by law, Attorney shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, employees and Court 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 Attorney, its agents, or employees in the performance of this Agreement. Attorney's duty to defend, hold harmless and indemnify City, its elected and appointed officers, officials, agents, employees and Court shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Attorney's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Attorney, or any other person for whose acts, errors, mistakes, omissions, work or services Attorney may be legally liable. The provisions of this paragraph shall survive termination of this Agreement. 16. WAIVER OF TERMS AND CONDITIONS: The failure of City or Attorney to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 17. 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 or removal in such proceeding to any other county or other jurisdiction. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action 7 shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 18. MODIFICATION OF CONTRACT: This contract shall be automatically modified to comply and conform to any subsequent change (regarding indigent representation) imposed by case law or rules promulgated by the Arizona Supreme Court. 19. LICENSE: Attorney represents and warrants that any license necessary to perform the work under this Agreement is current and valid; such license includes but is not limited to an Arizona license to practice law and a City of Apache Junction business license. Attorney understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Attorney agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code and keep such licenses current during the term of this Agreement. Attorney also represents and warrants that there are no pending bar complaints in any state Attorney is licensed to practice, and that Attorney is not on suspended, revoked, or disbarred status in any jurisdiction where so licensed. 20. MISCELLANEOUS: A. All agreements shall be interpreted to avoid questions of unethical conduct by Attorney or City. B. Attorney shall not collect or receive any payment or remuneration from defendants assigned to Attorney under this Agreement for services provided on the assigned cases. C. Attorney shall maintain current case logs and disposition records. D. Attorney shall not discriminate against any employee, or applicant for employment because of race, religion, color, gender, handicap, or national origin. E. Attorney shall permit the authorized representatives of City to inspect and audit records of Attorney relating to his/her performance under this contract within the confines of confidentiality. 21. NONASSIGNMENT: This is a personal service contract based on the personal reputation, expertise, and qualifications of Attorney and Attorney's duties under this Agreement are therefore not assignable. 8 22. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Attorney and supersede all prior negotiations, representations or agreements, express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically be considered enforceable contract provisions, and shall supersede any inconsistent provisions of any previously negotiated agreement and any applicable amendments thereto; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 23. SEVERABILITY: City and Attorney 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 law, 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. 24. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. ATTORNEY: By: C a f i s l_Aly 1-Z -I o 9 CITY OF APACHE JUN N, rizonna 1muni ipal orpo tion: V By:y ames W Haze P siding Ma trat APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 ►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. 5. �Piz oN* File ID: 14-258 Sponsor: Liz Riley Agenda Date: 5/20/2014 Index: In Control: City Council Meeting The mayor and council shall consider the proposed contract with Public Sector Personnel Consultants for the City of Apache Junction Fiscal Year 14-15 Classification and Compensation Study in an amount not to exceed $57,000.00. Staff respectfully requests council approval of this item. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 si To: The Honorable Mayor and City Council Through: George Hoffman, City Manager 6? "� kN From: Elizabeth H. Riley, Human Resources Director Date: May 14, 2014 Subject: Consent Agenda May 20, 2014: Classification and Compensation Study At the May 5, 2014 Special Meeting the City presented a summary of the RFP for a consultant to conduct a comprehensive classification and compensation study. The City indicated Public Sector Personnel Consultants was the City Manager's recommendation for the study. Mr. Matt Weatherly, President of Public Sector Personnel Consultants, addressed Council and took questions. On Tuesday, May 20, 2014 the contract between the City of Apache Junction and Public Sector Personnel Consults is on the consent agenda. Next Action: Approval of the contract between the City of Apache Junction and Public Sector Personnel Consultants for a Classification and Compensation Study. A copy of the contract is attached for your review. Two (2) copies will be available for the mayor's signature. Attachment c: M. Busby A. Jackson J. Brooks Elizabeth H.Riley Director of Human Resources City of Apache Junction 300 E.Superstition Blvd. Apache Junction,AZ 85119 Office Hours:M-Th 7:00 AM—6:00 PM Service Over and Above the Rest PROFESSIONAL SERVICES AGREEMENT WITH PUBLIC SECTOR PERSONNEL CONSULTANTS This Agreement is made as of the day of May 2014 (the "Effective Date") by and between THE CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and PUBLIC SECTOR PERSONNEL CONSULTANTS an Arizona corporation, ("Consultant"), both of which may be hereinafter referred to collectively as the "Parties", for the project entitled Classification and Compensation Study. RECITALS A. City desires to retain a' consultant to conduct a comprehensive Classification and Compensation Study ("Study") and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the Parties. B. The open market procedures set forth in the Apache Junction City Code have been satisfied. C. The Parties have set forth below contemplated services Consultant will provide City, including payment terms for such services and products. AGREEMENT NOW, THEREFORE, in consideration of the Recitals noted above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. CONSULTANT'S DUTIES: Consultant agrees to perform the professional services detailed in Exhibit A. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Consultant for professional services in an amount not to exceed $57,000.00, in accordance with the price sheet set forth in Exhibit B. 3. CONSULTANT BILLING: Consultant shall bill City on a time and expense basis in a total amount not to exceed Section 2 above. City shall pay such billings within thirty (30)calendar days of the date of receipt. 4. TERM/RENEWAL: This Agreement shall be effective beginning on May 21, 2014 and shall remain in full force and effect until Study is complete, unless otherwise terminated as set forth herein. Following the initial term, the Parties may not renew or extend this Agreement. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish Consultant with all data, information and other supporting services specked in Exhibit A. 6. CONSULTANT'S STANDARD OF PERFORMANCE: While performing the services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Consultant shall be responsible for all errors and omissions Consultant commits in the performance of this Agreement. 7. NOTICES: All notices to the a Party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following: If to City: Elizabeth H. Riley, Director City of Apache Junction Human Resources Department 300 East Superstition Boulevard Apache Junction, AZ 85119 If to Consultant Public Sector Consulting Matthew Weatherly 1215 W. Rio Salado Pkwy, Suite 109 Tempe, AZ 85281 8. INSURANCE: Consultant, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Consultant's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, 2 officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions,work or service. The insurance policies may provide coverage which contains deductibles or self. insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Consultant shall be solely responsible for the deductible and/or self retention and City, at its option, may require Consultant to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Consultant of any deficiencies in such policies and endorsements, and such receipt shall not relieve Consultant from, or be deemed a waiver of, City's right to insist on strict fulfillment of Consultant's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General 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 that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or any replacements thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, and shall include coverage for Consultant's operations and products and completed operations. 3 If required by this Agreement, if Consultant sublets any part of the work, services or operations, Consultant shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement,an Owner and Consultant's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Consultant's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Consultant's Commercial General Liability insurance. Automobile Liability Consultant shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Consultant's owned, hired, and non-owned vehicles assigned to or used in performance of Consultant's work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Consultant shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Consultant's employees engaged in the performance of the work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit By execution of this Agreement, Consultant certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-900 etseq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter,and I will comply with such provisions before commencing the performance of the work of this Agreement." If Consultant has no employees for whom workers' compensation insurance is required, Consultant shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Consultant employs any employees subject to coverage. 4 In case any work is subcontracted, Consultant will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Consultant. Professional Liability Consultant retained by City to provide the work or service required by this Agreement will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the work or services performed by Consultant, or any person employed by Consultant, with a limit of not less than $1,000,000 each claim. Certificates of Insurance Prior to commencing work or services under this Agreement, Consultant shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Consultant's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are In full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard,Apache Junction,AZ 85119. In the event any insurance policies required by this Agreement are written'on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Consultant's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 5 9. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or In equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction In Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition In this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 10. FORCE MAJEURE: Neither City nor Consultant,as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Consultants, subcontractors, vendors or investors desired by Consultant in connection with the obligations under this Agreement Consultant agrees that Consultant alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however,that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 11. TERMINATION: This Agreement may be terminated by either Party for any reason upon four (4) months' written notice. If this Agreement is terminated, City shall be reimbursed from Consultant the amount paid for any undelivered and/or unaccepted products or services. Upon termination, City 6 agrees to pay for all delivered, accepted, and properly Invoiced services that were provided up to the announced Termination Date. 12. INDEMNIFICATION: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including 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 subcontractors 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 tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Consultant's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Consultant, any tier of Consultant's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Consultant may be legally liable. 13. LICENSE: Consultant represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Consultant understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Consultant agrees to obtain a business tax license pursuant to Chapter 8 of the Apache Junction City Code and keep such license current during the term of this Agreement. Any activity by subcontractors within the corporate city limits, will invoke the same business tax regulations on any subcontractors, and Consultant ensures its subcontractors will obtain any required business tax license. 14. RECORDS: Records of Consultant's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Consultant shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 15. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Consultant. 16. WAIVER OF TERMS AND CONDITIONS: The failure of City or Consultant to insist in any one or more Instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege 7 contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect 17. COMPLIANCE WITH FEDERAL AND STATE LAWS: Consultant understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement As required by A.R.S.§414401, Consultant hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Consultant further warrants that after hiring an employee, Consultant will verify the employment eligibility of the employee through the E- Verify program. If Consultant uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement Consultant is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Consultant shall not be deemed in material breach of this Agreement if the Consultant and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Consultant or subcontractor employee who works under this Agreement to ensure that the Consultant or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 18. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Consultant and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 19. 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 8 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. 20. ACCURACY OF WORK: Acceptance of services or work by City shall not relieve Consultant of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. Consultant shall make all necessary revisions or corrections resulting from errors and omissions on the part of Consultant without additional compensation. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with,the provisions of A.R.S. § 38-511. IN WITNESS WHEREOF, Consultant and City have executed this Agreement as of the date first set forth above. PUBLIC SECTOR CONSULTING, an Arizona corpor tion By: Matthe eatherly Its: President CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco Its:-Mayor ATTEST: Kathleen Connelly, City Clerk 9 APPROVED AS TO FORM: By: R. Joel Stern, City Attorney 10 STATE OF &&`Aq ) ) ss. County of Om LD ) The foregoing was acknowledged�befor e,e y a this I V—L day of MAU rd 20�., byr�H-�:, a��t,uy as of[Company PSPG Name], in Arizona [corporation/limited liability company). La7x'_� Q - -& My Commission Expires: Notary Publi LORI Z. GIBBY Notary • t,P:ublic�.uSt,e l,%of Ari unl�y Expir 2014(seal) Ma0ron, ' My C- - STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 20 , by John S. Insalaco, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: (seal) 11 EXHIBIT A SCOPE OF WORK WORK PLAN: PROJECT APPROACH AND METHODOLOGY Following is our overall work plan and approach to achieving the City's objectives for the conduct of a comprehensive classification and compensation study, meeting all of the stated objectives from the RFP. A. OBJECTIVES OF THE PROJECT The recommended plans, programs, systems and administrative procedures will meet these ten most important criteria. -internally equitable - Financially responsible -Externally competitive -Efficiently administered - Readily understood - Inclusive of employee input -Easily updated&maintained -Reflective of City's values -Legally compliant&defensible - Reflective of"best practices' B. SCOPE OF THE PROJECT The project includes a management and employee communication plan; partnership with the Human Resources Director and Human Resources Staff, City Manager and project designee(s); occupational, organizational, and operational familiarization; Job Analysis Questionnaire (JAQ) and job analysis for all classifications; worksite job information interviews; position classification and job title recommendations for all employees and classifications; FLSA designations; updated ADA/EEO-compliant class specifications; EZ COMP1 m; internal equity and external competitiveness evaluation; salary and benefits ~ survey and competitiveness analysis; salary range recommendations; fiscal impact estimates; updated classification and compensation plan and one year of classification and compensation plan implementation support for all job classifications. C. PROJECT METHODOLOGY I. QualilvAssurance To ensure a high quality project, we have bull# in several layer's of procedural and statistical controls, in addition to those already in EZ COMPm. Internally, we follow a prescribed series of steps In each project phase, which are reviewed by our Project Director. We request that the key staff and City's Project Manager(s) review our work to minimize the chance of errors and to ensure that it reflects the City's organizational values. AJAZ PUBLIC SECTOR PERSONNEL CONSULTANTS 1114 I Ptrolect PlannNg Megf is and Communlcation Plan Development We will consult with the Human Resources Director, City Manager, City Officials or representatives on a communication strategy, plan, and materials, beginning prior to the project and extending to the post-project information meetings. We plan to conduct group pre-project meetings for all City officials and employees where we will discuss the project's scope, answer questions, and distribute and explain a .lob Analysis Questionnaire. See 'Communicating the Project to the Employees!° In the Appendices for additional information regarding our approach to employee inclusion and communication. D. POSITION CLASSIFICATION 1. Review of Essential Tasks—Job Analysis Questionnalre We will review and analyze the current essential tasks, duties and responsibilities, and minimum qualifications of each included position through a review of current job documentation and/or by the use of a.lob Analysis Questionnaire (JAQ) to be completed by each employee (or group of employees with identical jobs) In print or electronic format. If the information on the JAQ does not clearly delineate the position's scope of responsibilities, we may return the JAQ to the position's incumbent for additional information, or focus on the data gap during a worksite job information interview. 2. Employee Worksite Job Information Interviews We will conduct a worksite job information interview with an incumbent of every needed or included job classification.The purpose:of these interviews is to verify the data on the JAQ, obtain additional insight into the scope and complexity of the job duties, observe technical processes and working conditions, and to provide employees with an additional method of participation In the project. This process also ensures that we make all Internal and external comparisons on the basis of actual job content and not merely job title. 3. FLSA Status Determination We will review the essential tasks and minimum qualifications of each of the City's job classifications and subject them to the Fair Labor Standards Act tests to determine their exempt or non-exempt status. AJAZ PUBLIC SECTOR PERSONNEL CONSULTANTS 1114 4 Positlon Classlffcatian Each of the City's positions will be analyzed and evaluated to determine their primary characteristics, including: Is there a current City occupational job group comprised of job classes with essential functions similar to the subject position; if so: To which of the group's job classes, and at what level, are the subject position's essential functions similar to the subject position, and if so. Are they sufficiently comparable (+1-20% guideline) to be allocated to that job class, utilize the same Job title, require the same minimum qualifications, and be assigned to the same salary range. If the City does not currently have a sufficiently comparable job class, what should be the subject position's occupational job class and title, and: What should the recommended occupational classification action be, No Change(N), Title Change(T), Merge With Other Job Class (M), New Job Class (J). We may find that a job class is overly broad and encompasses several job activities which are regarded with significant salary difference in the marketplace. in such an instance, we will recommend "splitting"the job class into the current job class and a new job class which encompasses the different job activities. 5. Updated Messificatlon 20e0ificatians/Job Descd Defons We will prepare an updated ADA/EEO-compliant classification specification in the City's standard or other selected format for each occupational job class. Focus will be on the Essential Functions to conform with ADA guidelines, The specifications or descriptions may include (not limited to)the following components: .fob Title—Definition Education,Training and Experience Physical Requirements Distinguishing Characteristics Licenses and Certifications Nan-Essential Functions Essential Functions l=LSA Exempt/Non-Exempt Status Mental Requirements Desired Knowledge and Skills Supervision Exerclse/Recelved Working Conditions S. Draft Class>ficatlon Plan Review with Deoartment Neal We will conduct a review of our initial position classification recommendations and draft class specifications with the City's' Project Team and respective department heads to identify possible errors, obtain feedback, and solicit suggestions for clarification. AJAZ PUBLIC SECTOR PERSONNEL CONSULTANTS 1114 T. Resolution of Employees'Classiflcadon Reviews We will provide the City with a process for employees to review our initial occupational job classification of their position, and provide a form for them to complete if they feel that an error has been made or to provide significant additional job content information. Depending on the action recommended by the respective department heads we may conduct a second job analysis and will inform the project designee(s) of our final recommendation. 8. various Approaches to Ensure Internal Equity If desired, and for precision in job class analyses, and subsequent salary range determinations, we may utilize one of several job evaluation systems widely, in use, including the Hay Method, Decision Band Method (DBM), and the Factor Evaluatfan System(FES). FES is the most extensively validated and commonly utilized quantitative job evaluation system for public sector occupations, consisting of the following flexible compensable factors. Knowledge Required Personal Contacts Complexity Supervisory Controls Scope and Effect Work Environment Guidelines Provided Supervision'Exercised Physical Demands The job class hierarchy based on job points will reflect the Chy's relative internal job worth values. The City's annual salary competitiveness policy will be translated into a mathematical formula which, when combined with the jab points of each City job class, will determine the proper salary range for each job class and position. This balances internal equity (job points relationships) with external competitiveness (market relationship formula). a. Optional Approach A— FES System—We will train a task force of representative City employees In the adaptation of the FES point factor job content evaluation system to the City's job worth values, guide them In the evaluation of a structured benchmark of job classes, conduct QC reviews, and evaluate the remaining job classes within the relative job worth structure established by the task force. We can provide the City with manual or automated versions of this system. b. Optional Approach 8—Custom Designed System for the City—We will train and guide a task force of representative City employees in the design of a point-factor system of job content evaluation total reflecting the City's relative job worth values, and proceed as In Approach A. We can provide the City with an automated version of the system once it has been developed with the task force. AJAZ PUBLIC SECTOR PERSONNEL CONSULTANTS 1114 E. EXTERNALLY-COMPETITIVE COMPENSATION PLAN 1. Cifv Involvement in Comoensaflon Plan Development We will obtain policy direction from the City Manager, Human Resources Staff, and/or City Officials on the following key components of the salary plan development process: - Comparator Employer Selection - Job Evaluation Method-Salary Plan Linkage - Benchmark Job Class Selection - Draft Compensation Plan Review/Critique Compensation Competitiveness Policy - Compensation Points for Analysis - Salary Structure Selection - Project Implementation Plan Z. Ce rehenslve COntlpensation Survey Wed of subscribe to or remMmencLthe use of databases or data warehouses used or hosted by other firmsi We will col!®ct the complete pap plans from each of the City's com arators and build a custom survey database to ensure accura and com late ese. a. Data Collection Protocol will be developed in consultation with the City's project leaders to determine which salary data elements to include, such as: Total Compensation Information Salary range structure Minimum, Midpoint, and Maximum and structures Assignment pay, call out pay, differentials, perquisites, etc per RI'P Pay practices sle increases, reclassifications,rehires, pay policies b. Benchmark Job SelecSon will be made by identifying City job classes common to its employment-competitive public and private employers in the immediate area and throughout the region or State, clearly identifiable, and representative of standard occupational Job groups. . c. Comparator Employers ldentltleaflon will be made in consultation with the City's Project Manager(s) and City Council. Criteria include their degree of competition to the City in obtaining and retaining high quality staff, their location in the City's traditional recruitment areas, and their organizational size and complexity. d. Compensation Data Collection will be made by one or more of the following methods. Extraction from the pay plans of designated public employers. Customized survey requests for local governments and other public and private employers, distributed by mail,fax, and e-mail. As desired, additional private sector data extraction from established salary surveys such as Watson Wyatt and ERE. e. Data Quality Control includes editing data for accuracy and proper matching to the City's survey benchmark jobs, and phoneffaxlE-mall follow-ups for data clarification and to obtain comparators' benchmark class specifications. AJAZ PUBLIC SECTOR PERSONNEL CONSULTANTS 1/14 3. Preyalling Rates Calculatlon We will consolidate the compensation data from all sources, enter the information into the EZ COAFPTm program, and compute the prevailing rates, Inclusive of cost of living differentials, as the statistical mean of the survey data for each benchmark jots class. Data will be projected forward from the date of collection to a common date relating to the City's salary plan year by.the annual Prevailing Rate increase Factor (PRI) applicable at that time. 4. Compensation Competitiveness Comparison We will provide the City with charts comparing its current salary structures to those of the selected public and private comparator employers. We will calculate the extent that the City's offerings vary from the prevailing rates and practices of other relevant employers. 5 Compensation C,omeddlyaness Policy„ We will assist the City to select a compensation competitiveness policy which best fits its compensation strategy and financial resources, by providing fiscal Impact estimates at various percentage relationships to the prevailing rates. 6. Salary Plan Stnrcture Devebpment We will review the City's current employee agreements and wage plans and 1) utilize the City's current wage plan structures to identify internally equitable and externally competitive salary ranges for each City job class or 2) prepare alternative salary range structures and schedules for the City and the City Manager to select the best fit for its competitiveness strategy, with these optional criteria: - Method of administration, i.e.: measured job performance, longevity, or skill - Width of the salary ranges, grades from Minimum to Maximum - Varying salary range widths for FLSA non-exempt or exempt positions - Open salary ranges for pay-for-performance or variable compensation plan - If steps within the salary ranges, number of steps, percentage separation - Number of salary ranges,grades, or broad bands in the salary schedule Percentage of separation between salary ranges, grades or broad bands Recognition for longevity, unique assignments, and special skill requirements Remuneration for required special licenses, certifications and registrations AJAZ PUBLIC SECTOR PERSONNEL CONSULTANTS IM4 7 Salary Range Assignment Develoomerrf We will assign each job classification to a salary range in the City's current or selected new salary structure on the basis of a combination of factors, including: - the prevailing rates for the benchmark job classes - its current relationship to similar or occupationally related job classes - the 15%guideline for salary range separation between sequential job classes - -the 25%guideline for salary separation of a department head job Gass - its quantitative evaluated internal job worth value Cob evaluation points) - 8. lr 21 mentaflon Plan Development We will consult with the Human Resources Director, City Manager and key staff on a plan for transition to the recommended plan, including a timetable for the principal activities, employee communication, Impact on collective bargaining processes, and estimates of required financial resources. 9. Draft`and Final Report Preparation We will provide the City's project leader(s) with a draft of our report for review and critique, including the dassification plan, FLSA designations, compensation market data, salary comparison tables, fiscal estimates, salary range listings, and implementation procedures. We will incorporate their critique into the development of a final report summarizing the project's findings, recommendations, and detailed description of the City's updated position classification and compensation plans. 10. Final Regort P entadons We will conduct a workshop or formal presentation of our final report and recommendations to the City Manager, City Officials, employees and employee representatives. 11. EZ COMPTm Program Jnsfal,J ttion We will install our EZ COMP'"A program and project files on one of the Finance i Budget Department's computers and provide training to key staff In the maintenance and update of the classification and compensation plan. Please see the illustrative EZ COMPTA" applications CD-ROM on the inside front cover of this proposal, and the program description booklet in the Appendix. AJAZ PUBLIC SECTOR PERSONNEL CONSULTANTS 1M4 - 11 Implementation Warranfv To ensure effective implementation of the new plan, we will analyze, evaluate, and provide a salary range recommendation for any new or changed job class, at no cost to the Cityfor one year. - F. ENSURING THE C17Y'S SELF-SUFFICIENCY The City will be self-sufficient in all aspects of maintenance of the updated position classification and compensation plan through these services. 1. Procedure Manuals _ -PSPC Position ClassrTrcation Procedure Guide -PSPC SalaryAdministxation Procedure Guide -City of Apache Junction EZ COiI+fPTm Procedure Guide 2. Irrainina Workshop — for City staff in position classification, Job evaluation, compensation surveys, and compensation plan design and administration. 3. Electronic Classification S adf-cation Ubra — we will provide the City with all updated ADAiEEO-compliant class specifications in hard copy and electronic library format for internal maintenance. 4. EZ COMPM—program and project files on one of the City's computers, a users manual, and system training. 5. Initial Yeats Implementation Warranty Support—we will analyze, evaluate, classify, and provide a salary range recommendation for any new or changed position or entire job classification, at no cost to the Cifyfor one year. G. EXTENSIVE EMPLOYEE INCLUSION AND COMMUNICATION Very important factors for successful implementation of new or updated classification and compensation plans are 1) extensive employee inclusion, and 2) extensive employee communication. City officials and employees will participate in one or more of the following activities: - Attending pre-project briefings and question and answer sessions - Completing-a Job Analysis Questionnaire (JAQ)describing their position - Elaborating on their jobs in individual or group job information interviews - Requesting a second review of their position's occupational job classification - Receiving information pamphlet/booklet describing the updated salary plan H. MINIMAL CITYSUPPORT REQUIRED We are completely self-sufficient in projects of this nature and do not require any substantive staff support from the City other than payroll data, and arrangements for group and individual meetings and interviews. We appreciate, but do not require, any office space, telephone, clerical assistance, computers, or office equipment. We will provide all data entry, data processing, duplicating, and related report preparation functions. AJAZ PUBLIC SECTOR PERSONNEL CONSULTANTS IM4 V W ...... z 0 0) z ul IL Z z 0 C) lu Z Z LU D 0 U) LU CL z Lij Lu W um) LL <J 0 0 L) W LU ui -J z IL IL 12 z JL. 0 Iu to DR 0 z 0 W z LIJ C t:) ID W Wm 0 Z 2f M 0 LL Ic= W 0 W W H 0 < a 0 0 1 ro Cf go z 0* - LL ULLL. - 0 9 0 OZ-C aj za. IL U- 00 . �.j L 0 Iza 0 .0- ro- 0z zo m > .012 Mal glo, 191 ggs W W LU 2 m U. -01 W 9 low 9 W a.-1 a�0 X L OF IL 0 8 0 u ISL 04 'a U. r- P j I I bd 108 911 1 rn t -, 2 c; EXHIBIT B FEE SCHEDULE COST PROPOSAL A. PROJECT COST ESTIMATES Local bidder bears all expenses. We estimate that the project's total cost, Including all fees for professional services, will not exceedthe indicated amounts. Fixed Prolect Cost The project includes a management and employee communication plan; partnership with the Human Resources Director and Human Resources Staff, City Manager and project designee(s); occupational, organizational, and operational familiarization; Job Analysis Questionnaire (JAQ) and job analysis for all classifications; workslte job Information interviews; position classification and job title recommendations for all employees and $3?,000 classifications; FLSA designations; updated ADA/EEO-compliant class specifications; EZ COMP7m; internal equity and extsmal competitiveness evaluation; salary and benefits survey and competitiveness analysis; salary range recommendations; fiscal impact estimates; updated classification and compensation plan and one year of classification and compensation plan implementation support for all job classifications. breakdown by Major Task -Project Planning and Briefing Meetings, JAQ Distribution $1,000 -On-Site Desk Audit Interviews ('130) $1 000 -Position Classification, Job Analysis, Class Specifications $15,000 -Employee review or appeals process $ 1500 -Salary, Benefits, and Pay Practices Survey $30,000 Compensation Plan, Reporting and Presentations $5,000 B. FLEYJBLE WORK PLAN, NEGOTIABLE TOTAL COST, TERMS Our work plan is flexible and total project cost negotiable, and we will discuss, modify, add or delete, any work task to increase the projects responsiveness to the City's needs and financial resources. We do not require any advance payments, and will provide the City with monthly invoices for the professional services provided during the month.We request that the City pay the invoices within thirty(30)days of their receipt. AJAZ PUBLIC SECTOR PERSONNEL CONSULTANTS 1/14 MAY14 14 1:11PH ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.6. Piz File ID: 14-241 Sponsor: Heather Patel Agenda Date: 5/20/2014 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 14-29, authorizing the submission of a grant for the Apache Junction Police Department's cold case unit to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2014-2015. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 Pp AGt-1F✓ � G,y 0 V `= = � City of Apache Junction gRizo Development Services Department MEMORANDUM DATE: May 7, 2014 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger S. Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Coordinator SUBJECT: Consideration and approval of Proposition 202 State Shared Revenue Program Grant Application (s) for Fiscal Year 2014-2015. REQUEST Consideration and approval of Resolution Nos. 14-29 authorizing the submission of a grant for the Apache Junction Police Department's cold case unit and 14-31 approving the submittal of an application for East Valley Adult Resources to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2014-2015. BACKGROUND In November 2002, the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Arizona and the Native American tribes. An important provision of Proposition 202 was the sharing of gaming revenues with the State. Henceforth, tribes would be assessed by the State a percentage of their gross gaming revenue. Tribes had the option of either paying all of this assessment into a State managed fund or to pay 88% of the assessment into the State managed fund and retain 12% of the assessment for distribution as grants. The Gila River Indian Community("GRIC") exercised its option to retain and administer 12% of State shared revenue. Known as the Gila River Indian Community State Shared Revenue Program, the Program makes "Distributions to cities, towns, or counties for government services that benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development." Gila River's policy is to generally limit the distributions to cities, towns, and counties in Maricopa and Pinal Counties. Funding priorities include: 1)Public Safety(police, fire, EMS); 2) Transportation; 3) Health Care Services; 4) Economic Development; and 5) Education. The law also stipulates that local nonprofits may submit applications to tribal entities if the nonprofit organization is "sponsored"by an appropriate municipality. In such cases, the municipality agrees to act as a conduit for the grant funds. The municipality receives the grant funds from the tribal entity and in turn issues a check to the nonprofit agency. On August 2, 2011, the city council approved the City of Apache Junction Indian Community State Shared Revenue Program Local Nonprofit Participation policy. The purpose was to delineate criteria which the city may utilize to determine "sponsorship" of a nonprofit organization for participation in the Indian Community State Shared Revenue Program. On February 3, 2014, the City of Apache Junction advertised a call for non-profits to attend an informational meeting on February 10, 2014. Attendees were advised on the application process. Project summaries were due to the City of Apache Junction by March 3, 2014 for consideration by the city council. On April 1, 2014 the city council approved the following resolutions and projects for submission: Resolution Entity Project Amount Tribal Entity No. 14-08 Parks and Recreation Fit Families $12,600.00 GRIC Ex ansion 14-14 Mountain Health and Equipment $257,382.80 GRIC Wellness 14-15 Empowerment Self-management $37,000.00 GRIC Systems workshops 14-16 Empowerment Self-management $37,000.00 FMYN Systems I workshops DISCUSSION In late April, the police department's cold case unit requested consideration for submission of a Gila River Indian Community grant. Due to the late request, they were not included in the April 1, 2014 discussion. Therefore staff is before the city council again, requesting the consideration of Resolution No. 14-29. The unit is requesting $31,778.00 for the purchase of equipment to include a car,phones, computers, cameras, voice recorders, uniforms, and other office equipment. The city's cold case unit is a new unit within the department and is run by volunteers. There presently is no funding allocated in the department budget for their operations. Additionally, on May 5, 2014 East Valley Adult Resources has asked to also be included in the program and is seeking $40,000.00 for the continuation of their senior transportation program. RECOMMENDATION Staff respectfully recommends the city council approve Resolution Nos. 14-29 and 14-31. ACTION REQUIRED Consideration of Resolution Nos. 14-29 and 14-31. Attachment 1: Resolution No. 14-29 Attachment 2: Resolution No. 14-31 RESOLUTION NO. 14-29 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS . WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that: 1) benefit the general public; 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, the Gila River Indian Community (the `Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : Section 1 : Staff is authorized to submit an application, on behalf of the City of Apache Junction Public Safety Cold Case Unit, to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the application, contracts and grant documents for receipt and distribution of the Proposition 202 funds for the operation of the cold case unit in an amount not to exceed $31, 778 . 00 . RESOLUTION NO. 14-29 PAGE 1 OF 2 Section 2 : The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application. Section 3 • The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF , 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-29 PAGE 2 OF 2 RESOLUTION NO. 14-29 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS. WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that : 1) benefit the general public; 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, the Gila River Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: Section 1: Staff is authorized to submit an application, on behalf of the City of Apache Junction Public Safety Cold Case Unit, to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the application, contracts and grant documents for receipt and distribution of the Proposition 202 funds for the operation of the cold case unit in an amount not to exceed $31, 778 . 00 . RESOLUTION NO. 14-29 PAGE 1 OF 2 Section 2 • The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application. Section 3 • The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS c CC`' DAY OF YJ/); ' 2014 . SIGNED AND ATTESTED TO THIS �� r DAY OF l I i`�y , 2014 . Jgl3& S . A S9LACO k yor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 5- 5 . 4 RICHARD J. STERN City Attorney RESOLUTION NO. 14--29 PAGE 2 OF 2 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 7. Piz File ID: 14-264 Sponsor: Heather Patel Agenda Date: 5/20/2014 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 14-31, authorizing the submittal of an application for East Valley Adult Resources to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2014-2015. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 Pp AGt-1F✓ � G,y 0 V `= = � City of Apache Junction gRizo Development Services Department MEMORANDUM DATE: May 7, 2014 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger S. Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Coordinator SUBJECT: Proposition 202 State Shared Revenue Program Grant Application(s) for Fiscal Year 2014-2015. REQUEST Presentation and discussion on Resolution Nos. 14-29 authorizing the submission of a grant for the Apache Junction Police Department's cold case unit and 14-31 approving the submittal of an application for East Valley Adult Resources to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2014-2015. BACKGROUND In November 2002, the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Arizona and the Native American tribes. An important provision of Proposition 202 was the sharing of gaming revenues with the State. Henceforth, tribes would be assessed by the State a percentage of their gross gaming revenue. Tribes had the option of either paying all of this assessment into a State managed fund or to pay 88% of the assessment into the State managed fund and retain 12% of the assessment for distribution as grants. The Gila River Indian Community("GRIC") exercised its option to retain and administer 12% of State shared revenue. Known as the Gila River Indian Community State Shared Revenue Program, the Program makes "Distributions to cities, towns, or counties for government services that benefit the general public, including public safety, mitigation of the impacts of gaming, or promotion of commerce and economic development." Gila River's policy is to generally limit the distributions to cities, towns, and counties in Maricopa and Pinal Counties. Funding priorities include: 1)Public Safety(police, fire, EMS); 2) Transportation; 3) Health Care Services; 4) Economic Development; and 5) Education. The law also stipulates that local nonprofits may submit applications to tribal entities if the nonprofit organization is "sponsored"by an appropriate municipality. In such cases, the municipality agrees to act as a conduit for the grant funds. The municipality receives the grant funds from the tribal entity and in turn issues a check to the nonprofit agency. On August 2, 2011, the city council approved the City of Apache Junction Indian Community State Shared Revenue Program Local Nonprofit Participation policy. The purpose was to delineate criteria which the city may utilize to determine "sponsorship" of a nonprofit organization for participation in the Indian Community State Shared Revenue Program. On February 3, 2014, the City of Apache Junction advertised a call for non-profits to attend an informational meeting on February 10, 2014. Attendees were advised on the application process. Project summaries were due to the City of Apache Junction by March 3, 2014 for consideration by the city council. On April 1, 2014 the city council approved the following resolutions and projects for submission: Resolution Entity Project Amount Tribal Entity No. 14-08 Parks and Recreation Fit Families $12,600.00 GRIC Ex ansion 14-14 Mountain Health and Equipment $257,382.80 GRIC Wellness 14-15 Empowerment Self-management $37,000.00 GRIC Systems workshops 14-16 Empowerment Self-management $37,000.00 FMYN Systems I workshops DISCUSSION In late April, the police department's cold case unit requested consideration for submission of a Gila River Indian Community grant. Due to the late request, they were not included in the April 1, 2014 discussion. Therefore staff is before the city council again, requesting the consideration of Resolution No. 14-29. The unit is requesting $31,778.00 for the purchase of equipment to include a car,phones, computers, cameras, voice recorders, uniforms, and other office equipment. The city's cold case unit is a new unit within the department and is run by volunteers. There presently is no funding allocated in the department budget for their operations. Additionally, on May 5, 2014 East Valley Adult Resources has asked to also be included in the program and is seeking $40,000.00 for the continuation of their senior transportation program. RECOMMENDATION Staff respectfully recommends the city council review and discuss the proposed projects and Resolution Nos. 14-29 and 14-31 and ask questions of the representatives present. ACTION REOUIRED Review and discuss projects and resolutions. Attachment 1: Resolution No. 14-29 Attachment 2: Resolution No. 14-31 RESOLUTION NO. 14-31 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS . WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that: 1) benefit the general public; 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, private, not-for-profit organizations wishing to access Proposition 202 funding to provide public benefits must secure sponsorship from a city, town or county before making application. Said sponsorship must be expressed in a resolution passed by the local government sponsor; and WHEREAS, the Gila River Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : Section 1 • Staff is authorized to submit an application, on behalf of East Valley Adult Resources, to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the RESOLUTION NO. 14-31 PAGE 1 OF 3 application, contracts and grant documents for receipt and distribution of the Proposition 202 funds for the operation of the Senior Transportation Program in an amount not to exceed $40, 000 . 00 . Section 2 • The Mayor is authorized to execute a grant pass-through agreement between the City of Apache Junction and the Mountain Health and Wellness for use of the funds if the grant is awarded. Section 3 • The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application. Section 4 • The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 5 : The City has no duties under or related to this resolution other than to receive the funds and deliver same to East Valley Adult Resources; the determination as to the amount of funding is solely at the discretion of the Gila River Indian Community. All parties agree there are no third-party beneficiaries to this document. Section 6 • If awarded funding, East Valley Adult Resources will provide the City of Apache Junction copies of all reports and documents related to the project funded by the Gila River Indian Community. Section 7 • The City Council supports this grant request for funding and if RESOLUTION NO. 14-31 PAGE 2 OF 3 awarded will administer the funds directly to East Valley Adult Resources as a pass-through grant . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF , 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-31 PAGE 3 OF 3 RESOLUTION NO. 14-31 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS. WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that: 1) benefit the general public; 2 ) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, private, not-for-profit organizations wishing to access Proposition 202 funding to provide public benefits must secure sponsorship from a city, town or county before making application. Said sponsorship must be expressed in a resolution passed by the local government sponsor; and WHEREAS, the Gila River Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: Section 1: Staff is authorized to submit an application, on behalf of East Valley Adult Resources, to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the RESOLUTION NO. 14-31 PAGE 1 OF 3 application, contracts and grant documents for receipt and distribution of the Proposition 202 funds for the operation of the Senior Transportation Program in an amount not to exceed $40, 000. 00. Section 2 : The Mayor is authorized to execute a grant pass-through agreement between the City of Apache Junction and the Mountain Health and Wellness for use of the funds if the grant is awarded. Section 3 • The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted ir. the application. Section 4 • The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 5• The City has no duties under or related to this resolution other than to receive the funds and deliver same to East Valley Adult Resources; the determination as to the amount of funding is solely at the discretion of the Gila River Indian Community. All parties agree there are no third-party beneficiaries to this document. Section 6- If awarded funding, East Valley Adult Resources will provide the City of Apache Junction copies of all reports and documents related to the project funded by the Gila River Indian Community. Section 7 • The City Council supports this grant request for funding and if RESOLUTION NO. 14-31 PAGE 2 OF 3 awarded will administer the funds directly to East Valley Adult Resources as a pass-through grant. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF IT1114/ 2014 . SIGNED AND ATTESTED TO THIS DAY OF 2014 . JO S. INSALACO M or A--TEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: C* 5 -C f L� RICHARD J. STERN City Attorney RESOLUTION NO. 14-31 PAGE 3 OF 3 ►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.8. Piz File ID: 14-226 Sponsor: Giao Pham Agenda Date: 5/20/2014 Index: In Control: City Council Meeting Proclamation designating the week of May 18-24, 2014 as "National Public Works Week." Reading and presentation. City of Apache Junction,Arizona Page 1 Printed on 611512026 "NATIONAL PUBLIC WORKS WEEK" MAY 18-24, 2014 WHEREAS, PUBLIC WORKS services provided in our community are an integral part of our citizens'everyday lives; and WHEREAS,the support of an informed and understanding citizenry is vital to the efficient operation of PUBLIC WORKS systems and programs; and WHEREAS, the health, safety and comfort of this community greatly depends on these PUBLIC WORKS facilities and services;and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction is vitally dependent upon the efforts and skill of PUBLIC WORKS officials;and WHEREAS, the efficiency of the qualified and dedicated personnel who staff PUBLIC WORKS departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. NOW,THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Apache Junction, Arizona, that I, Mayor John S. Insalaco do hereby proclaim May 18th through May 24th,2014 as "NATIONAL PUBLIC WORKS WEEK" in Apache Junction, and call upon all citizens and civic organizations to acquaint themselves with the efforts involved in providing our PUBLIC WORKS services, and recognize the contributions the PUBLIC WORKS employees make every day to our HEALTH,SAFETY,COMFORT AND QUALITY OF LIFE. Signed this., day of 2014. 4A JHN S. INSALACO MAYOR q ATTEST: KATHLEEN CONNELLY CITY CLERK ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ _ 85119 • Agenda Item No. 9. �Piz File ID: 14-238 Sponsor: Roger Hacker Agenda Date: 5/20/2014 Index: In Control: City Council Meeting Presentation of donation to Mayor John Insalaco and Chief of Police Thomas E. Kelly by the Lost Dutchman Kennel Club of funds to purchase a bite suit for training of Diamont, the city's canine officer. Presentation. 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. 10. Piz File ID: 14-262 Sponsor: Bryant Powell Agenda Date: 5/20/2014 Index: In Control: City Council Meeting City manager's report. Presentation. 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. 11. Piz File ID: 14-239 Sponsor: Heather Patel Agenda Date: 5/20/2014 Index: In Control: City Council Meeting Proposed Resolution No. 14-30, authorizing the submission of Fiscal Year 2014 Community Development Block grant application and holding a public hearing. Consideration and action. Staff respectfully requests the city council: 1. Receive a presentation on the Community Development Block Grant Regional Account ("CDBG") program; 2. Conduct a public hearing to receive input on the project under consideration for the utilization of CDBG funds for Fiscal Year 2014; and 3. Consider the approval of Resolution No. 14-30 authorizing the submission of the city's application. City of Apache Junction,Arizona Page 1 Printed on 611512026 �QACHF� 0 -«z City ofApache Junction qR+Z°NP Development Services Department MEMORANDUM DATE: May 7, 2014 TO: The Honorable Mayor and City Council THROUGH: George Hoffinan, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Coordinator SUBJECT: Consideration of proposed Resolution No. 14-30, authorizing the submission of Fiscal Year 2014 Community Development Block grant application REQUEST Staff respectfully requests the city council: 1. Receive a presentation on the Community Development Block Grant Regional Account ("CDBG")program; 2. Conduct a public hearing to receive input on the project under consideration for the utilization of CDBG funds for Fiscal Year 2014 ("FY14"); and 3. Consider the approval of Resolution No. 14-30 authorizing the submission of the city's FY 14 CDBG application. BACKGROUND In the fall of 2013, the city conducted the public participation process for the selection of a project for the FY14 CDBG application. In November 2013, after a public hearing, the city council chose to submit a community facility improvements project for the Community Alliance Against Family Abuse ("CAAFA") domestic violence shelter. However due to the timing of the public notice (October 30, 2013) and the request for consideration made by CAAFA (November 4, 2013), the city is required to republish the notice, conduct a new public hearing and readopt a resolution authorizing the submission of the CAAFA project under the FY14 CDBG application. DISCUSSION A public hearing is required by the Arizona Department of Housing to provide the public an opportunity to discuss the proposed project being presented for consideration to the city council. In compliance with the state and federal requirements the city will conduct the public hearing in a more condensed format while providing all of the required information. Council's project selection and approval of Resolution No. 14-30 will enable city staff to prepare and submit the application in compliance with CDBG requirements. RECOMMENDATION Staff respectfully recommends council approve Resolution No. 14-30. ACTION REOUIRED The following actions are required: 1) Convene a public hearing; and 2) Consideration of Resolution No. 14-30. ATTACHMENTS Attachment One: Resolution No. 14-30 2 RESOLUTION NO. 14-30 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATIONS) FOR FY 2014 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG") FUNDS, AND CERTIFYING THAT THE APPLICATION (S) : (1) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG APPLICATION (S) . WHEREAS, the City of Apache Junction is desirous of undertaking community development activities; and WHEREAS, the State of Arizona is administering the Community Development Block Grant ("CDBG") Program; and WHEREAS, the State CDBG Program requires that the requested CDBG funds address one of the three congressionally-mandated national objectives; and WHEREAS, the activities within these applications address the identified housing and community development needs, including the needs of low and moderate income persons; and WHEREAS, a grantee of State CDBG funds is required to comply with the CDBG Program guidelines and federal statutes and regulations; and WHEREAS, on October 1, 2013, November 19, 2013 and May 20, 2014, the City of Apache Junction held public hearings on CDBG proposed projects . NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction as follows : SECTION 1 : Staff is authorized to submit applications to the State of Arizona Department of Housing for Fiscal Year 2014 CDBG, and the Mayor is authorized to sign the applications, contracts, grant documents and other related documents for receipt and use of CDBG funds for: RESOLUTION NO. 14-30 PAGE 1 OF 2 FY 2014 CDBG - Community Alliance Against Family Abuse for $113, 139 SECTION 2 : The Mayor or his designee is authorized to take any and all actions necessary to implement and complete the activities submitted in the applications . SECTION 3 : The applications for State CDBG funds further the needs under State guidelines for low and moderate income persons . SECTION 4 : The City of Apache Junction shall comply with all State CDBG Program guidelines, federal statutes and regulations applicable to the State CDBG Program and certifications contained in the applications . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2014 . SIGNED AND ATTESTED TO THIS DAY OF 2014 . JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-30 PAGE 2 OF 2 RESOLUTION NO. 14-30 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATIONS) FOR FY 2014 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG") FUNDS, AND CERTIFYING THAT THE APPLICATION (S) : (1) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG APPLICATION (S) . WHEREAS, the City of Apache Junction is desirous of undertaking community development activities; and WHEREAS, the State of Arizona is administering the Community Development Block Grant ("CDBG") Program; and WHEREAS, the State CDBG Program requires that the requested CDBG funds address one of the three congressionally-mandated national objectives; and WHEREAS, the activities within these applications address the identified housing and community development needs, including the needs of low and moderate income persons; and WHEREAS, a grantee of State CDBG funds is required to comply with the CDBG Program guidelines and federal statutes and regulations; and WHEREAS, on October 1, 2013, November 19, 2013 and May 20, 2014, the City of Apache Junction held public hearings on CDBG proposed projects. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction as follows : SECTION I : Staff is authorized to submit applications to the State of Arizona Department of Housing for Fiscal Year 2014 CDBG, and the Mayor is authorized to sign the applications, contracts, grant documents and other related documents for receipt and use of CDBG funds for: RESOLUTION NO. 14-30 PAGE 1 OF 2 FY 2014 CDBG - Community Alliance Against Family Abuse for $113, 139 SECTION 2 • The Mayor or his designee is authorized to take any and all actions necessary to implement and complete the activities submitted in the applications . SECTION 3: The applications for State CDBG funds further the needs under State guidelines for low and moderate income persons. SECTION 4 : The City of Apache Junction shall comply with all State CDBG Program guidelines, federal statutes and regulations applicable to the State CDBG Program and certifications contained in the applications. PASSED AND ADOPTED BY THE MAYOR AND �jTY COUNCIL OF THE CITY OF APACHE JUNCTION THIS �' �� DAY OF /1�' 2014 . SIGNED AND ATTESTED TO THIS t'.l DAY OF 2014 . n 1,7 /6914N INSALACO ,,,/ayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: ��4 .J- 5. t 4 - RICHARD J. STERN City Attorney RESOLUTION NO. 14-30 PAGE 2 OF 2 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 12. Piz File ID: 14-244 Sponsor: Brad Steinke Agenda Date: 5/20/2014 Index: In Control: City Council Meeting Proposed Ordinance No. 1403, amending Apache Junction City Code, Volume I, Chapter 9, Health and Sanitation, Article 9-4, Private Recycling Containers, Section 9-4-4 (E), allowing recycling containers in manufactured home parks, manufactured home subdivisions and recreational vehicle parks, and declaring an emergency. Public hearing and consideration. City of Apache Junction,Arizona Page 1 Printed on 611512026 Ap ACHE✓G � na City Apache of A ache Junction gRIZO Development Services Department To: Mayor and City Council From: Brad Steinke, Director of Development Services Date: May 6, 2014 RE: Ordinance 1403, Amendment to Allow Recycling Bins in Manufactured Home Parks, Manufactured Home Subdivisions and RV Parks Currently, City Code, Volume I, Article 9-4 (Private Recycling Containers), only allows commercial recycling containers on properties with established businesses, churches or other charitable uses. Since the existing code does not allow these recycling containers within manufactured home parks, manufactured home subdivisions or RV parks, some residents have raised concern and have asked the city to change the ordinance. Accordingly, on May 6t", the city council directed staff to draft a code amendment which will include these new locations. Please see proposed Ordinance 1403. Recommendation Conduct the public hearing and approve Ordinance 1403. 1 ORDINANCE NO . 1403 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , AMENDING THE APACHE JUNCTION CITY CODE , VOLUME I , CHAPTER 9 , HEALTH AND SANITATION , ARTICLE 9 - 4 , PRIVATE RECYCLING CONTAINERS , SECTION 9 - 4 - 4 ( E ) ; REPEALING ANY CONFLICTING PROVISIONS ; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY . WHEREAS , on May 6 , 2014 , the City Council gave direction to staff to amend the city code to allow private recycling containers in manufactured home parks , manufactured home subdivisions and recreational vehicle parks . NOW THEREFORE , BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , AS FOLLOWS : SECTION I IN GENERAL That the Apache Junction City Code , Volume I , Chapter 9 , Health and Sanitation , Article 9 - 4 Private Recycling Containers , Section 9 - 1 - 4 ( E ) , hereby is amended to read as follows : ( E ) Containers may be located only within the parking lot of private property lawfully zoned , developed and used for commercial or industrial purposes , manufactured home parks , manufactured home subdivisions and recreational vehicle parks , or at schools , churches or charitable organizations which have similar parking facilities .. SECTION II REPEALING ANY CONFLICTING PROVISIONS All other ordinances and parts of ordinances in conflict with the provisions of this ordinance or in conflict with any part of the code adopted herein by reference are also hereby repealed . SECTION III PROVIDING FOR SEVERABILITY If any section , subsection , sentence , phrase , clause or portion of this ordinance or any part of the code adopted herein by reference is , for any reason , held to be invalid or ORDINANCE NO . 1403 PAGE 1 OF 2 unconstitutional by the decision of any court of competent jurisdiction , such decision shall not affect the validity of the remaining portions thereof . SECTION IV . DECLARING AN EMERGENCY It being necessary for the peace , health and safety of the City of Apache Junction , Arizona , an emergency is declared to exist and this ordinance shall be effective immediately upon its passage and adoption . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF , 2014 . JOHN S . INSALACO Mayor ATTEST : KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM : 5 ( 2 - 4 RICHARD JOEL STERN City Attorney ORDINANCE NO . 1403 PAGE 2 OF 2 ORDINANCE NO. 1403 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 9, HEALTH AND SANITATION, ARTICLE 9-4, PRIVATE RECYCLING CONTAINERS, SECTION 9-4-4 (E) ; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY. WHEREAS, on May 6, 2014, the City Council gave direction to staff to amend the city code to allow private recycling containers in manufactured home parks, manufactured home subdivisions and recreational vehicle parks . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL That the Apache Junction City Code, Volume I, Chapter 9, Health and Sanitation, Article 9-4 Private Recycling _Containers, Section 9-1-4 (E) , hereby is amended to read as follows: (E) Containers may be located only within the parking lot of private property lawfully zoned, developed and used for commercial or industrial purposes, manufactured home parks, manufactured home subdivisions and recreational vehicle parks, or at schools, churches or charitable organizations which have similar parking facilities. SECTION iI REPEALING ANY CONFLICTING PROVISIONS All other ordinances and parts of ordinances in conflict with the provisions of this ordinance or in conflict with any part of the code adopted herein by reference are also hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or ORDINANCE 110. 1403 PAGE 1 OF 2 unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV. DECLARING AN EMERGENCY It being necessary for the peace, health and safety of the City of Apache Junction, Arizona, an emergency is declared to exist and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF fj ';' , 2014 . SIGNED AND ATTESTED TO THIS ` ^ DAY OF irk,; ; 2014 . JY HN S. -I`N SALACO - Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 5 12- 14 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1403 PAGE 2 OF 2 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 13. Piz File ID: 14-246 Sponsor: Brad Steinke Agenda Date: 5/20/2014 Index: In Control: City Council Meeting Proposed Resolution No. 14-27, declaring as a public record that certain documents filed with the city clerk and entitled "Apache Junction City Code, Volume II, Land Development Code, Chapter 7, Development Fees", and establishing an effective date. Public hearing and consideration. City of Apache Junction,Arizona Page 1 Printed on 611512026 RESOLUTION NO. 14-27 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "APACHE JUNCTION CITY CODE VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 7 DEVELOPMENT FEES"; ESTABLISHING AN EFFECTIVE DATE; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such codes or public record include regulatory codes such as development fees; and WHEREAS, it is the intent of the City to declare such documents and compilations as public records, on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA: SECTION I IN GENERAL That certain document entitled "APACHE JUNCTION CITY CODE VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 7 DEVELOPMENT FEES", three copies of which are on file in the Office of the City Clerk of the City of Apache Junction, Arizona, is hereby declared to be a public record, shall be made available for public use and inspection, and shall remain on file with the City Clerk. SECTION II EFFECTIVE DATE The provisions of this Resolution and public record adopted herein are effective beginning August 3, 2014 . RESOLUTION NO. 14-27 PAGE 1 OF 2 SECTION III REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the provisions adopted herein by reference are hereby repealed. SECTION IV PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the provisions or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF , 20 JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-27 PAGE 2 OF 2 peA�kE✓ � G2 O � na City of Apache Junction '9RI2ONp Development Services Department To: Mayor and City Council From: Brad Steinke, Director of Development Services Date: May 6, 2014 RE: Public Hearing and Consideration of Resolution 14-27 Regarding Proposed Development Fees and Updated Development Fee Regulations Resolution 14-27 declares as a public record that certain document entitled "Apache Junction City Code Volume II, Land Development Code, Chapter 7, Development Fees", which permits the city to enact the ordinance without publishing the full text of the document. Recommendation We recommend approval of Resolution 14-27. [Note: Failure to approve the ordinance will delay the implementation of new fees beyond the August 1, 2014, statutory deadline] RESOLUTION NO. 14-27 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "APACHE JUNCTION CITY CODE VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 7 DEVELOPMENT FEES"; ESTABLISHING AN EFFECTIVE DATE; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A. R. S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such codes or public record include regulatory codes such as development fees; and WHEREAS, it is the intent of the City to declare such documents and compilations as public records, on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA: SECTION I IN GENERAL That certain document entitled "APACHE JUNCTION CITY CODE VOLUME II , LAND DEVELOPMENT CODE, CHAPTER 7 DEVELOPMENT FEES", three copies of which are on file in the Office of the City Clerk of the City of Apache Junction, Arizona, is hereby declared to be a public record, shall be made available for public use and inspection, and shall remain on file with the City Clerk. SECTION II EFFECTIVE DATE The provisions of this Resolution and public record adopted herein are effective beginning August 4, 2014 . RESOLUTION NO. 14-27 PAGE 1 OF 2 SECTION III REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the provisions adopted herein by reference are hereby repealed. SECTION IV PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the provisions or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS " ""DAY OF SIGNED AND ATTESTED TO THIS : :` • DAY OF 20141A _Jz; /e,5, 4:�� J S. INSAJ•AtO ATTEST: f s KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-27 PAGE 2 OF 2 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 14. Piz File ID: 14-245 Sponsor: Brad Steinke Agenda Date: 5/20/2014 Index: In Control: City Council Meeting Proposed Ordinance No. 1399, amending Apache Junction City Code, Volume II, Land Development Code, by repealing Chapter 7, Development Fees in its entirety; and adopting by reference a new Chapter 7 entitled "Apache Junction City Code, Volume ll, Land Development Code, Chapter 7, Development Fees" and establishing an effective date. Public hearing and consideration. City of Apache Junction,Arizona Page 1 Printed on 611512026 Ap ACHF✓ City of Apache Junction '9RIZ0T'P Development Services Department To: Mayor and City Council From: Brad Steinke, Director of Development Services Date: May 6, 2014 RE: Public Hearing and Consideration of Ordinance 1399 Regarding Proposed Development Fees and Updated Development Fee Regulations On May 20t", the council is scheduled for public hearing and consideration of the proposed development fees and development fee regulations. A previous public hearing was conducted on April 15t", but no action was taken. A copy of the draft regulations and related ordinance and resolution is included in your materials. The proposed regulations retain much of the existing standards in Volume II, Chapter 7 (Development Fees), but have been updated to be in compliance with new state law and our recently adopted development fee study. As you can see in Exhibit A, except for a slight increase for industrial land-use, the new fees are a substantial decrease from existing fees. Please note that we have clarified the distinctions between manufactured and conventional housing fees. More specifically, we have combined conventional and manufactured housing located on private non-park lots into the same category, but have retained a separate category for manufactured homes in parks. This distinction is based on the census data that shows the household size for park units is less than for non-park units. Finally, staff has drafted two versions of the proposed regulations. Version 1, which is attached, requires that appeals be directed to the city manager, whereas Version 2 would require appeals be directed to the city council. If the council prefers Version 2, the following language should be substituted for Section 7-1-17. 7-1-17 RELIEF PROCEDURES AND HEARINGS The Developer who owes, has paid a development fee, or disagrees with the Offset amount determined by the Development Fee Administrator, may appeal to the Mayor and City Council in accordance with the following procedures: (A) Form of Appeal. Such appeal must be filed with the Development Fee Administrator in writing: either within 30 calendar days after the date the City notified the Developer of an assessment or Offset determination; or within 30 calendar days after the Developer paid the development fee. (B) Fees During Pendency. Any building permit issued before the appeal is filed shall be considered stayed until after the appeal process has concluded. Any work in progress completed during the appeal process shall be performed at the Developer's own risk. Failure to pay the development fees as determined on appeal shall result in the withholding by the City of the certificate of occupancy of Subject Development. (C) City Action. The City Council must hold a hearing on the appeal within 30 calendar days after the appeal is received by the Development Fee Administrator. The City Council's failure to hold a public hearing within the 30 calendar days, absent a continuance request by the Developer, shall result in the Developer's position prevailing over the City's. The Developer shall be notified of the City Council's decision in writing within 30 calendar days after the public hearing. (D) Final Decision. The decision of the City Council shall be considered the final administrative decision of the City. Any further appeals shall be pursuant to A.R.S § 12-901 et seq. Recommendation We recommend approval of Ordinance 1399, subject to council selection of desired version. [Note: Failure to approve the ordinance will delay the implementation of new fees beyond the August 1, 2014, statutory deadline] EXHIBIT A RESIDENTIAL DEVELOPMENT FEES (Assessed per residential unit) LIBRARY PARKS & REC POLICE STREETS TOTAL Proposed Existing Proposed Existing Proposed Existing Proposed Existing Proposed Existing %Change Single- 11 $934 $721 11 $11466 $1,801 $161 $294 $2,364 $6,323 $4,925 $9,139 - 46% Familyl MH/RV $654 $572 $1,027 $1,429 $113 $234 $1,895 $3,297 $3,689 $5,532 - 33% Parks 11 Multi- $748 $622 $1,174 $1,555 $129 $254 $1,856 $4,440 $3,907 $6,871 - 43% Family3 NON-RESIDENTIAL DEVELOPMENT FEES (Assessed per square foot) LIBRARY PARKS & REC POLICE STREETS TOTAL Proposed Existing Proposed Existing Proposed Existing Proposed Existing Proposed Existing %Change Comm. $0.30 $0 $1.03 $0 $0.15 $1.80 $5.04 $13.63 $6.52 $15.43 - 58% Office $0.50 $0 $1.71 $0 $0.05 $0.68 $2.18 $5.68 $4.44 $6.36 - 30% Indus. $0.35 $0 $1.19 $0 $0.03 $0.27 $1.36 $2.26 $2.93 $2.53 + 16% 1This category includes conventional and manufactured single-family detached dwellings situated on private lots that are not located in MH/RV parks. 2This category includes manufactured homes (MH) and recreational vehicles (RV) situated on lots or spaces located in MH/RV parks. 3This category includes attached dwellings with 2 or more units per building. Version #1 Appeals go to City Manager ORDINANCE NO. 1399 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, BY REPEALING CHAPTER 7 DEVELOPMENT FEES IN ITS ENTIRETY; AND ADOPTING BY REFERENCE A NEW CHAPTER 7 DEVELOPMENT FEES; ESTABLISHING AN EFFECTIVE DATE; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, municipalities in Arizona have authority to impose development fees under Arizona Revised Statutes § 9- 463 . 05; and WHEREAS, the imposition of development fees is one of the preferred and most direct methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate new development; and WHEREAS, the City originally adopted development fees for roads, police, parks, and library and municipal building facilities in December 1996, amended them in February 1998, August 2002, November 2005 and March 2007; and WHEREAS, in 2011, the state legislature rewrote the majority of A.R. S . § 9-463 . 05, with the most significant amendments being: clarification of defined terms, a new infrastructure improvement plan, limitation on fee uses, a new study for land use assumptions, more onerous public notice and public hearing requirements, and a deadline for cities and towns to change their codes consistent with the new requirements no later than August 1, 2014; and WHEREAS, on March 5, 2014, the City timely provided the 30 day advanced notice of intention to assess a development fee; and WHEREAS, the City timely released to the public and posted on its website a written report of the land use assumptions and infrastructure improvement plan; and ORDINANCE NO. 1399 PAGE 1 OF 53 WHEREAS, on October 16, 2012, the Mayor and City Council approved a professional services contract with TischlerBise to conduct the new development fee ordinance study, land use assumptions and infrastructure improvement plan; and WHEREAS, on November 18, 2013, TischlerBise presented the Mayor and City Council at a work session with a draft of the proposed land use assumptions and infrastructure improvement plan; and WHEREAS, on December 3, 2013, the Mayor and City Council directed City staff to proceed with updating the development fees and ordinance in accordance with the TischlerBise recommended project timeline; and WHEREAS, on January 21, 2014, the City Council held a public hearing on the proposed land use assumptions and infrastructure improvement plan; and WHEREAS, on March 4, 2014, the Mayor and City Council approved and adopted the proposed land use assumptions, infrastructure improvements plan; and WHEREAS, the Mayor and City Council held a work session on March 31, 2014, regarding the proposed development fees and development fee ordinance update, in accordance with the development fee project timeline presented at the December 3, 2013 council meeting; and WHEREAS, the Mayor and City Council held a public hearing on April 15, 2014, regarding the proposed development fees and development fee ordinance update, in accordance with the development fee project timeline; and WHEREAS, A.R. S . § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; ORDINANCE NO. 1399 PAGE 2 OF 53 WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, codes which may be adopted by reference include those relating to development fees; and WHEREAS, City staff has determined that for administrative efficiency, it is more appropriate to update the current development fees by repealing Apache Junction City Code Volume II, Land Development Code, Chapter 7 Development Fees, in its entirety, and replacing it with an updated Apache Junction City Code Volume II, Land Development Code, Chapter 7 Development Fees . THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, THAT: SECTION I IN GENERAL A) Existing "Apache Junction City Code Volume II, Land Development Code, Chapter 7 Development Fees", is hereby repealed. B) That certain document entitled "Apache Junction City Code Volume II, Land Development Code, Chapter 7 Development Fees", three copies of which are on file in the Office of the City Clerk of the City of Apache Junction, Arizona, which document was made a public record by Resolution No. 14-27 of the City of Apache Junction, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . SECTION II EFFECTIVE DATE The provisions of this Ordinance and public record adopted herein are effective beginning August 4, 2014 . SECTION III REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. ORDINANCE NO. 1399 PAGE 3 OF 53 SECTION IV PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF 20 JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1399 PAGE 4 OF 53 7-1: GENERAL PROVISIONS 7-1-1 TITLE. This Chapter of the Apache Junction City Code, shall be known as the "Apache Junction City Code Volume II, Land Development Code, Chapter 7 Development Fees" and may be referred to herein as "this Ordinance" or "this Chapter" . 7-1-2 LEGISLATIVE INTENT. This Chapter is adopted for the purpose of promoting the health, safety and general welfare of the residents of the City of Apache Junction by: (A) Requiring new development to pay its proportionate share of the costs incurred by the City that are associated with providing Necessary Public Services to new development . (B) Setting forth standards and procedures for creating and assessing development fees consistent with the requirements of Arizona Revised Statutes ("A.R. S . ") § 9-463 . 05 . (C) Setting forth procedures for administering the development fee program, including mandatory offsets, credits, and refunds of development fees . All development fee assessments, offsets, credits, or refunds must be administered in accordance with the provisions of this Chapter. This Chapter shall not affect the City' s zoning authority or its authority to adopt or amend its General Plan, provided that planning and zoning activities by the City may require amendments to development fees pursuant to A.R. S . § 9-463 . 05 . 7-1-3 PURPOSE AND ADMINISTRATION. (A) This Chapter assesses development fees to offset the costs to the City associated with providing Necessary Public Services to a development . (1) The fees shall : (a) Result in a beneficial use to the development; ORDINANCE NO. 1399 PAGE 5 OF 53 (b) Bare a rational relationship to the burden of the developer; and (c) Be assessed in a non-discriminatory manner. (B) The development fees to be paid by each new development pursuant to this Chapter are to be proportional to the impact that the new development will have on the types of facilities for which the fees are charged. (C) The City official with primary responsibility for administering this Chapter is referred to herein as the "Development Fee Administrator. " The Development Fee Administrator shall be the Director of Development Services unless another person is so designated by the City Manager. The Development Fee Administrator may delegate authority conferred by this Chapter to other City staff. 7-1-4 DEFINITIONS. When used in this chapter, the terms listed below shall have the following meanings unless the context requires otherwise . Singular terms shall include their plural . Applicant: A person who applies to the City for a Building Permit. Appurtenance: Any fixed machinery or equipment, structure or other fixture, including integrated hardware, software or other components, associated with a Capital Facility that are necessary or convenient to the operation, use, or maintenance of a Capital Facility, but excluding replacement of the same after initial installation. Aquatic Center: A facility primarily designed to host non-recreational competitive functions generally occurring within water, including, but not limited to, water polo games, swimming meets, and diving events . Such facility may be indoors, outdoors, or any combination thereof, and includes all necessary supporting amenities, including but not limited to, locker rooms, offices, snack bars, bleacher seating, and shade structures . Building Permit: Any permit issued by the City that authorizes vertical construction, increases square footage, ORDINANCE NO. 1399 PAGE 6 OF 53 authorizes changes to land use, or provides for the addition of a residential or non-residential point of demand to a water or wastewater system. Capital Facility: An asset having a Useful Life of three or more years that is a component of one or more Categories of Necessary Public Service provided by the City. A Capital Facility may include any associated purchase of real property, architectural and engineering services leading to the design and construction of buildings and facilities, improvements to existing facilities, improvements to or expansions of existing facilities, and associated financing and professional services . Wherever used herein, "infrastructure" shall have the same meaning as "Capital Facilities . " Category of Necessary Public Service: A category of Necessary Public Services for which the City is authorized to assess development fees, as further defined by A.R. S . § 9-463 . 05 . Category of Development: A specific Category of residential, commercial, office, industrial, or institutional development against which a development fee is calculated and assessed. The City assesses development fees against the following categories of development : residential, commercial, office, industrial, and institutional . City: The City of Apache Junction, Arizona. Commercial Land Use: The buying, selling, repair, leasing or storage of goods and services . This term shall not include manufacturing, distribution or general warehousing activities as a primary use. Credit: A reduction in an assessed development fee resulting from developer contributions to, payments for, construction of, or dedications for Capital Facilities included in an Infrastructure Improvements Plan pursuant to A.R. S . § 9-463 . 05 (or as otherwise permitted by this Chapter) . Credit Agreement: A written agreement between the City and the developer (s) of Subject Development that allocates ORDINANCE NO. 1399 PAGE 7 OF 53 Credits to the Subject Development pursuant to Section 7-1- 15 of this Chapter. A Credit Agreement may be included as part of a Development Agreement pursuant to Section 7-1-16 of this Chapter. Credit Allocation: A term used to describe when Credits are distributed to a particular development or parcel of land after execution of a Credit Agreement, but are not yet issued. Credit Issuance: A term used to describe when the amount of an assessed development fee attributable to a particular development or parcel of land is reduced by applying a Credit allocation. Developer: An individual, group of individuals, partnership, corporation, limited liability company, association, municipal corporation, state agency, or other person or entity undertaking land development activity, and their respective successors and assigns . Development Agreement: An agreement prepared in accordance with the requirements of Section 7-1-16 of this Chapter, A.R. S . § 9-500 . 05, and any applicable requirements of the City Code . Development Fee Report: A written report developed pursuant to A.R. S . § 9-463 . 05 that identifies the methodology for calculating the amount of each development fee, explains the relationship between the development fee to be assessed and the Cost per Service Unit calculated in the Infrastructure Improvements Plan, and which meets other requirements set forth in A.R. S . § 9-463 . 05 . Direct Benefit: A benefit to a Service Unit resulting from a Capital Facility that: (a) addresses the need for a Necessary Public Service created in whole or in part by the Service Unit; and that (b) meets either of the following criteria: (i) the Capital Facility is located in the immediate area of the Service Unit and is needed in the immediate area of the Service Unit to maintain the Level of Service; or (ii) the Capital Facility substitutes for, or eliminates the need for a Capital Facility that would have otherwise have been needed in the immediate area of the Service Unit to maintain the City' s Level of Service. ORDINANCE NO. 1399 PAGE 8 OF 53 Dwelling, Multiple or 2+ Unit Land Use: A building containing two or more primary dwelling units on a single lot. Types of multiple residence dwellings include duplexes, garden apartments, and multi-story apartment buildings . Dwelling, Single Unit or Single-Family Land Use: A detached or attached building containing one single-family dwelling unit constructed on a single lot. Dwelling, Single Unit - Manufactured Homes Land Use: A single unit dwelling unit located in a Manufactured Home Park and designed exclusively for residential occupancy in conformance with the provisions of the Uniform Building Code adopted and amended by the City, and shall be interpreted as the creation of a new mobile home or recreational vehicle (as defined in A.R. S . § 41-2142 (26) ) space in a mobile home or recreational vehicle park. Dwelling Unit: A house, apartment, mobile home or trailer, group of rooms, or single room occupied as separate living quarters or, if vacant, intended for occupancy as separate living quarters . Equipment: Machinery, tools, materials, and other supplies, not including vehicles, that are needed by a Capital Facility to provide the Level of Service specified by the Infrastructure Improvement Plan, but excluding replacement of the same after initial development of the Capital Facility. Excluded Library Facility: Library facilities for which development fees may not be charged pursuant to A.R. S . § 9-463 . 05, including that portion of any Library Facility that exceeds 10, 000 square feet, and Equipment, Vehicles or Appurtenances associated with Library operations . Excluded Park Facility: Parks and Recreational Facilities for which development fees may not be charged pursuant to A.R. S . § 9-463 . 05, including amusement parks, aquariums, Aquatic Centers, auditoriums, arenas, arts and cultural facilities, bandstand and orchestra facilities, bathhouses, boathouses, clubhouses, community centers greater than three thousand square feet in floor area, ORDINANCE NO. 1399 PAGE 9 OF 53 environmental education centers, equestrian facilities, golf course facilities, greenhouses, lakes, museums, theme parks, water reclamation or riparian areas, wetlands, or zoo facilities . Financing or Debt: Any debt, bond, note, loan, inter- fund loan, fund transfer, or other debt service obligation used to finance the development or expansion of a Capital Facility. General Plan: The most current version of the City of Apache Junction General Plan and all adopted amendments thereto. Gross Development Fee: The total development fee to be assessed against a Subject Development on a per unit basis, prior to subtraction of any Credits . Industrial Land Use: The excavation, transporting, distribution, manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such manner as to change the form, character or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise. Infrastructure Improvements Plan: A document or series of documents that meet the requirements set forth in A.R. S . § 9-463 . 05, including those adopted pursuant to Section 7- 1-10 of this Chapter to cover any Category or combination of Categories of Necessary Public Services . Land Use Assumptions: Projections of changes in land uses, densities, intensities and population for a Service Area over a period of at least ten years, and developed pursuant to A.R. S . § 9-463 . 05 . Level of Service: A quantitative and/or qualitative measure of a Necessary Public Service that is to be provided by the City to development in a particular Service Area, defined in terms of the relationship between service capacity and service demand, accessibility, response times, comfort or convenience of use, or other similar measures or combinations of measures . Level of Service may be measured ORDINANCE NO. 1399 PAGE 10 OF 53 differently for different Categories of Necessary Public Services, as identified in the applicable Infrastructure Improvements Plan. Library Facilities: A Category of Necessary Public Services in which literary, musical, artistic, or reference materials are kept (materials may be kept in any form of media such as electronic, magnetic, or paper) for non- commercial use by the public in a facility providing a Direct Benefit to development. Libraries do not include Excluded Library Facilities, although a Library may contain, provide access to, or otherwise support an Excluded Library Facility. Manufactured Home Park: Any development providing rental spaces for occupancy on a non-permanent basis for manufactured homes and/or recreational vehicles . Necessary Public Services: "Necessary Public Services" shall have the meaning prescribed in A.R. S . § 9-463 . 05, Subsection T, paragraph 7, as amended. Nonresidential Land Uses: Shall be defined according to the descriptions of land uses in the most current edition of Trip Generation, published by the Institute of Transportation Engineers, provided that retail uses not separately identified shall be classified in the shopping center category, and institutional uses not separately identified shall be classified in the general office category. Office Land Use: A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations . Offset: An amount which is subtracted from the overall costs of providing Necessary Public Services to account for those capital components of infrastructure or associated debt that have been or will be paid for by a development through taxes, fees (except for development fees) , and other revenue sources, as determined pursuant to A.R. S . § 9-463 . 05 . Parks and Recreational Facilities: A Category of Necessary Public Services including but not limited to ORDINANCE NO. 1399 PAGE 11 OF 53 parks, multi-use recreational trails, swimming pools and related facilities and equipment located on real property not larger than 30 acres in area, as well as park facilities larger than 30 acres where such facilities provide a Direct Benefit. Parks and Recreational Facilities do not include Excluded Park Facilities, although Parks and Recreational Facilities may contain, provide access to, or otherwise support an Excluded Park Facility. Pledged: Where used with reference to a development fee, a development fee shall be considered "pledged" where it was identified by the City as a source of payment or repayment for Financing or Debt that was identified as the source of financing for a Necessary Public Service for which a development fee was assessed pursuant to the then- applicable provisions of A.R. S . § 9-463 . 05 . Police Facilities: A Category of Necessary Public Services, including Vehicles and Equipment, that are used by law enforcement agencies to preserve the public peace, prevent crime, detect and arrest criminal offenders, protect the rights of persons and property, regulate and control motorized and pedestrian traffic, train sworn personnel, and/or provide and maintain police records, vehicles, equipment, and communications systems . Police Facilities do not include Vehicles and Equipment used to provide administrative services, or helicopters or airplanes . Police Facilities do not include any facility that is used for training officers from more than one station or substation. Qualified Professional : Any one of the following: (a) a professional engineer, surveyor, financial analyst or planner, or other licensed professional providing services within the scope of that person' s education or experience related to City planning, zoning, or impact development fees and holding a license issued by an agency or political subdivision of the State of Arizona; (b) a financial analyst, planner, or other non-licensed professional that is providing services within the scope of the person' s education or experience related to City planning, zoning, or impact development fees; or (c) any other person operating under the supervision of one or more of the above. ORDINANCE NO. 1399 PAGE 12 OF 53 Recreational Vehicle Park: Facilities for the temporary storage, parking and maneuvering of recreational vehicles with adequate roads and stall sires, including sanitary and water facilities with locations provided on a day-to-day basis . Residential Land Use: A building or portion thereof designed exclusively for residential occupancy in conformance with the provisions of the Uniform Building Code adopted and amended by the City. Service Area: Any specified area within the boundaries of the City within which: (a) the City will provide a Category of Necessary Public Services to development at a planned Level of Service; and (b) within which (i) a Substantial Nexus exists between the Capital Facilities to be provided and the development to be served, or (ii) in the case of Library Facilities or a Park Facility larger than 30 acres, a Direct Benefit exists between the Library Facilities or Park Facilities and the development to be served, each as prescribed in the Infrastructure Improvements Plan. Some or all of the Capital Facilities providing service to a Service Area may be physically located outside of that Service Area provided that the required Substantial Nexus or Direct Benefit is demonstrated to exist. Service Unit: A standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated pursuant to generally accepted engineering or planning standards for a particular Category of Necessary Public Services . Street Facilities: A Category of Necessary Public Services including arterial or collector streets or roads, traffic signals, rights-of-way, and improvements thereon, bridges, culverts, irrigation tiling, storm drains, and regional transportation facilities . Subject Development: A land area linked by a unified plan of development, which must be contiguous unless the land area is part of a Development Agreement executed in accordance with Section 7-1-16 of this Chapter. ORDINANCE NO. 1399 PAGE 13 OF 53 Substantial Nexus: A substantial nexus exists where the demand for a Category of Necessary Public Services that will be generated by a Service Unit can be reasonably quantified in terms of the burden it will impose on the available capacity of existing Capital Facilities, the need it will create for new or expanded Capital Facilities, and/or the benefit to the development from those Capital Facilities . Swimming Pool : A public facility primarily designed and/or utilized for recreational non-competitive functions generally occurring within water, including, but not limited to, swimming classes, open public swimming sessions, and recreational league swimming/diving events . The facility may be indoors, outdoors, or any combination thereof, and includes all necessary supporting amenities . Useful Life: The period of time in which an asset can reasonably be expected to be used under normal conditions, whether or not the asset will continue to be owned and operated by the City over the entirety of such period. Vehicle: Any device, structure, or conveyance utilized for transportation in the course of providing a particular Category of Necessary Public Services at a specified Level of Service, excluding helicopters and other aircraft. 7-1-5 APPLICABILITY. (A) The collection of development fees shall apply to all new development in the City, unless excepted in accordance with Section 7-1-13 (C) . 7-1-6 SERVICE AREAS. (A) For the purpose of all development fees, the Service Area shall be all of the incorporated area of the City. (B) Development fees shall be assessed only on new development located within the Service Area. (C) Development fees collected within the Service Area shall be spent within the Service Area. ORDINANCE NO. 1399 PAGE 14 OF 53 (D) The appropriateness of the designation and boundaries of the Service Area shall be reviewed by the City as part of the development fee revision process pursuant to A.R. S . § 9-463 . 05 . Following such review and a public hearing, the Service Area (s) may be amended. 7-1-7 AUTHORITY FOR DEVELOPMENT FEES. (A) Development Fee Report and Implementation. The City may assess and collect a development fee for costs of Necessary Public Services, including all professional services required for the preparation or revision of an Infrastructure Improvements Plan, Development Fee Report, development fee, and required reports or audits conducted pursuant to this Chapter. Development fees shall be subject to the following requirements : (1) The City shall develop and adopt a Development Fee Report that analyzes and defines the development fees to be charged in each Service Area for each Capital Facility Category, based on the Infrastructure Improvements Plan, pursuant to A.R. S . § 9-463 . 05 . (2) Development fees shall be assessed against all new residential, commercial, office, and industrial developments, provided that the City may assess different amounts of development fees against specific Categories of Development based on the actual burdens and costs that are associated with providing Necessary Public Services to that Category of Development. No development fee shall exceed the Cost per Service Unit for any Category of Development. (3) No development fees shall be charged, or Credits issued, for any Capital Facility that does not fall within one of the Categories of Necessary Public Services for which development fees may be assessed as identified in Section 7-1-10 of this Chapter. (4) Costs for Necessary Public Services made necessary by new development shall be based on ORDINANCE NO. 1399 PAGE 15 OF 53 the same Level of Service provided to existing development in the same Service Area. Development fees may not be used to provide a higher Level of Service to existing development or to meet stricter safety, efficiency, environmental, or other regulatory standards to the extent that these are applied to existing Capital Facilities that are serving existing development. (5) Development fees may not be used to pay the City' s administrative, maintenance, or other operating costs . (6) Projected interest charges and financing costs can only be included in development fees to the extent they represent principal and/or interest on the portion of any Financing or Debt used to finance the construction or expansion of a Capital Facility identified in the Infrastructure Improvements Plan. (7) All development fees shall meet the requirements of A.R. S . § 9-463 . 05 . (B) Costs per Service Unit. The Development Fee Report shall summarize the costs of Capital Facilities necessary to serve new development on a per Service Unit basis as defined and calculated in the Infrastructure Improvements Plan, including all required Offsets, and shall recommend a development fee structure for adoption by the City. The actual development fees to be assessed shall be disclosed and adopted in the form of development fee schedules described in this Chapter. (C) Defined terms in any previously established fee schedule shall be interpreted according to the ordinance in effect at the time of their adoption. 7-1-8 FUND ACCOUNTING FOR DEVELOPMENT FEES . (A) The City Finance Department shall establish a separate accounting fund in which the development fees collected for a particular type of Capital Facility within the Service Area shall be credited. Such fees shall be invested by the City and the ORDINANCE NO. 1399 PAGE 16 OF 53 yield on those fees, at the actual rate of return to the City, shall be credited to such accounting fund periodically in accordance with the accounting policies of the City. The funds need not be segregated from other City monies for banking purposes . (B) Any yield on such accounting fund into which the fees are deposited shall accrue to that fund and shall be used for the purposes specified for that fund. (1) Limitations on Use of Fees. Development fees and any interest thereon collected pursuant to this Chapter shall be spent to provide Capital Facilities associated with the same Category of Necessary Public Services in the same Service Area for which they were collected, including costs of Financing or Debt used by the City to finance such Capital Facilities and other costs authorized by this Chapter that are included in the Infrastructure Improvements Plan. (C) The City Finance Department shall maintain and keep financial records for the accounting fund showing the revenues to the fund and the disbursements from that fund, in accordance with normal City accounting practices . The records of the fund shall be open to public inspection in the same manner as other financial records of the City. (D) Annual Report. The City shall issue as part of the report required in Section 7-1-20 of this Chapter an unaudited accounting of all development fee funds . 7-1-9 LAND USE ASSUMPTIONS. The Infrastructure Improvements Plan shall be consistent with the City' s current Land Use Assumptions for each Service Area and each Category of Necessary Public Services as adopted by the City pursuant to A.R. S . § 9-463 . 05 . (A) Renewal and Updating of the Land Use Assumptions. The Land Use Assumptions shall be developed, adopted, and modified subject to the procedures required by A.R. S . § 9-463 . 05 . ORDINANCE NO. 1399 PAGE 17 OF 53 7-1-10 INFRASTRUCTURE IMPROVEMENTS PLAN. (A) Infrastructure Improvements Plan Contents. The Infrastructure Improvements Plan shall be developed by Qualified Professionals and may be based upon or incorporated within the City' s Capital Improvements Plan, when/if available, and/or other Capital Facilities plans . The Infrastructure Improvements Plan shall comply with the requirements of A.R. S . § 9-463 . 05, and shall : (1) Specify the Categories of Necessary Public Services for which the City will impose a development fee, which may include any or all of the following: (a) Street Facilities (b) Police (c) Parks and Recreational Facilities (d) Libraries 7-1-11 ADOPTION AND MODIFICATION PROCEDURES. (A) Adopting or Amending the Infrastructure Improvements Plan. The Infrastructure Improvements Plan shall be adopted or amended subject to the procedures required by A.R. S . § 9-463 . 05 . 7-1-12 TIMING FOR THE RENEWAL AND UPDATING OF THE INFRASTRUCTURE IMPROVEMENTS PLAN AND THE LAND USE ASSUMPTIONS . (A) Renewal and Updating Procedure. All necessary renewals and updates of the Infrastructure Improvements Plan and Land Use Assumptions shall comply with procedures required by A.R. S . § 9- 463 . 05 . 7-1-13 COLLECTION OF DEVELOPMENT FEES. (A) Collection. Development fees, together with administrative charges assessed pursuant to Paragraph (A) (5) of this Section, shall be ORDINANCE NO. 1399 PAGE 18 OF 53 calculated and collected prior to issuance of permission to commence development; specifically: (1) Except as set forth in Subparagraph (2) below, the development fees for all new development shall be calculated and collected in conjunction with the application for the first building permit or electrical permit, certificate of compliance or occupancy, or other permit subsequent to development plan approval for such development, whichever occurs first in time . However, in no case shall the Development Fee Administrator allow prepayment of development fees in order to avoid higher fees which the Council has passed but have yet to go into effect. At the time the development fees are paid in full, a permit shall be issued. (2) For other uses not ultimately requiring a building permit, electrical permit, certificate of compliance or occupancy, or other permit, the fee shall be calculated and collected at such time as determined by the Development Fee Administrator. However, in no case shall the Development Fee Administrator allow prepayment of development fees in order to avoid higher fees which the Council has passed but have yet to go into effect. At the time the development fees are paid in full, a permit shall be issued. (3) If the building permit is for a change in the type of building use, an increase in square footage, or a change to land use, the development fee shall be assessed on the additional Service Units resulting from the expansion or change, and following the development fee schedule applicable to any new use type. (4) No building permit or certificate of occupancy shall be issued if a Development Fee is not paid as directed in the previous paragraphs . ORDINANCE NO. 1399 PAGE 19 OF 53 (5) For issued permits that expire or are voided, development fees and administrative charges shall be as follows : (a) If the original permittee is seeking to renew an expired or voided permit, and the development fees paid for such development have not been refunded, then the permittee shall pay the difference between any development fees paid at the time the permit was issued and those in the fee schedule at the time the permit is reissued or renewed. (b) If a new or renewed permit for the same development is being sought by someone other than the original permittee, the new permit Applicant shall pay the full development fees specified in the fee schedule in effect at the time that the permits are reissued or renewed. If the original permittee has assigned its rights under the permits to the new permit Applicant, the new permit Applicant shall pay development fees as if it were the original permittee . (B) Manufactured Home Parks and Recreational Vehicle Parks. Development fees for Mobile/Manufactured Home and Recreational Vehicle Parks shall be assessed for the entire development, based on the number of manufactured home and recreational vehicle spaces created at the time of application for the first building, electrical or other permit for the development. No additional development fees shall be assessed on subsequent building or electrical permits in the Manufactured Home or Recreational Vehicle Park unless additional spaces are created. Development fees for mobile/manufactured homes placed on single parcels shall be assessed in the same manner as site-built or conventional homes . (C) Exceptions. Development fees shall not be owed under any of the following conditions : (1) Development fees have been paid for the development and the permit (s) which triggered ORDINANCE NO. 1399 PAGE 20 OF 53 the collection of the development fees have not expired or been voided. (2) Modifications requiring approval are made to existing development, or vacant property that previously accommodated any legal development and do not : (a) add new Service Units, (b) increase the impact of previous or existing Service Units on existing or future Capital Facilities, or (c) change the land-use type of the previous or existing development to a different category of development for which a higher development fee would have been due. To the extent that any modification does not meet the requirements of this paragraph, the development fee due shall be the difference between the development fee that was or would have been due on the previous or existing development and the development fee that is due on the development as modified. (3) Placing on a lot or parcel in the city a temporary construction trailer or office, but only for the life of the building permit issued for the construction served by the trailer or office . (4) Expansion, upgrade or repair of a legally existing residential dwelling unit or structure . (5) Construction or installation of a development on vacant property that previously accommodated any legal development, subject to the terms of Subparagraph (2) above . (6) Any development, including but not limited to the mere subdivision of land, installation of utilities, or the use of land for limited recreational, agricultural, filling or dredging purposes which, in the opinion of the Development Fee Administrator, will not result in a net increase of more than 1 one-way average daily trip. (D) Temporary Exemptions from development fee Schedules. New developments in the City shall be temporarily exempt from increases in development fees that ORDINANCE NO. 1399 PAGE 21 OF 53 result from the adoption of new or modified development fee schedules as follows : (1) Residential Uses. On or after the day that the first building permit is issued for a single unit residential development, the City shall, at the permittee' s request, provide the permittee with an applicable development fee schedule that shall be in force for a period of 24 months beginning on the day that the first building permit is issued, and which shall expire at the end of the first business day of the 25th month thereafter. During the effective period of the applicable development fee schedule, any building permit issued for the same single unit residential development shall not be subject to any new or modified development fee schedule. (2) Commercial, Office, Industrial, and 2+ Unit dwelling unit structures. On or after the day that the final approval, as defined in A.R. S . § 9-463 . 05 (T) (4) , is issued for a commercial, office, industrial or 2+ Unit development, the City shall provide an applicable development fee schedule that shall be in force for a period of 24 months beginning on the day that final development approval of a site plan or final subdivision plat is given, and which shall expire at the end of the first business day of the 25th month thereafter. During the effective period of the applicable development fee schedule, any building permit issued for the same development shall not be subject to any new or modified development fee schedule. (3) Other Development. Any Category of Development not covered under paragraphs 1 and 2 of this Subsection shall pay development fees according to the fee schedule that is current at the time of collection as specified in Subsection (A) of this Section. (4) Changes to Site Plans and Subdivision Plats. Notwithstanding the other requirements of this Subsection, if changes are made to a ORDINANCE NO. 1399 PAGE 22 OF 53 development' s final site plan or subdivision plat that will increase the number of service units after the issuance of a grandfathered development fee schedule, the City may assess any new or modified development fees against the additional service units . If the City reduces the amount of an applicable development fee during the period that a grandfathered development fee schedule is in force, the City shall assess the lower development fee. (E) Option to Pursue Special Fee Determination. Where a Subject Development is of a type that does not closely fit within a particular Category of Development appearing on an adopted development fee schedule, or where a Subject Development has unique characteristics such that the actual burdens and costs associated with providing Necessary Public Services to that development will differ substantially from that associated with other developments in a specified Category of Development, the City may require the Applicant to provide the City Development Fee Administrator or authorized designee with an alternative development fee analysis . Based on a projection of the actual burdens and costs that will be associated with the Subject Development, the alternative development fee analysis may propose a unique fee for the development based on the application of an appropriate Service Unit factor to the applicable Cost per Service Unit, or may propose that the development be covered under the development fee schedule governing a different and more analogous Category of Development. The City Development Fee Administrator or authorized designee shall review the alternative impact fee analysis and shall make a determination as to the development fee to be charged. Such decision shall be appealable pursuant to Section 7-1-17 of this Chapter. The City Development Fee Administrator or authorized designee may require the Applicant to pay an administrative fee to cover the actual costs of reviewing the special fee determination application. ORDINANCE NO. 1399 PAGE 23 OF 53 (F) Individual Assessment of Development Fees. If any Applicant believes that the impact of the proposed development will be substantially less than would be indicated by using the fee schedule, the person may request to perform an individual assessment of the impact of the proposed development at his or her own cost. A request for an individual assessment must be made before submitting an application for a building permit. (1) The individual assessment shall be subject to the following special standards and procedures : (a) Street Facilities development fees (as set forth in Section 7-1) ; (b) Police Facilities development fees (as set forth in Section 7-2) ; (c) Parks and Recreational Facilities development fees (as set forth in Section 7-3) ; (d) Library Facilities development fees (as set forth in Section 7-4) ; and (2) If the Development Fee Administrator accepts the computations of the individual assessment under this subchapter, the applicable fee shall be determined from the individual assessment. 7-1-14 EXPENDITURE OF DEVELOPMENT FEES. (A) Development fees may only be spent on qualifying improvements, as follows : (1) Street Facilities development fees shall be spent as set forth in Section 7-1-3; (2) Police Facilities development fees shall be spent as set forth in Section 7-2-3; (3) Parks and Recreational Facilities development fees shall be spent as set forth in Section 7- 3-3; (4) Library Facilities development fees shall be spent as set forth in Section 7-4-3; (B) Time Limit. Development fees collected after August 3, 2014 shall be used within ten years of the date upon which they were collected for all Categories of Necessary Public Services . ORDINANCE NO. 1399 PAGE 24 OF 53 7-1-15 DEVELOPMENT FEE CREDITS AND CREDIT AGREEMENTS. (A) Eligibility of Capital Facility. All development fee Credits must meet the following requirements : (1) One of the following is true : (a) The Capital Facility, or the financial contribution toward a Capital Facility that will be provided by the developer and for which a Credit will be issued, must be identified in an adopted Infrastructure Improvements Plan and Development Fee Report as a Capital Facility for which a development fee was assessed; or (b) The Applicant must demonstrate to the satisfaction of the City that, given the class and type of improvement, the subject Capital Facility should have been included in the Infrastructure Improvements Plan in lieu of a different Capital Facility that was included in the Infrastructure Improvements Plan and for which a development fee was assessed. If the subject Capital Facility is determined to be eligible for a Credit in this manner, the City shall amend the Infrastructure Improvements Plan to (i) include the subject replacement Facility and (ii) delete the Capital Facility that will be replaced. (2) Credits shall not be available for any infrastructure provided by a developer if the cost of such infrastructure will be repaid to the developer by the City through another agreement or mechanism. To the extent that the developer will be paid or reimbursed by the City for any contribution, payment, construction, or dedication from any City funding source including an agreement to reimburse the developer with future collected development fees pursuant to Section 7-1-16 of this Chapter, any Credits claimed by the developer shall be : (a) deducted from any ORDINANCE NO. 1399 PAGE 25 OF 53 amounts to be paid or reimbursed by the City; or (b) reduced by the amount of such payment or reimbursement. (B) Eligibility of Subject Development. To be eligible for a Credit, the Subject Development must be located within the Service Area of the eligible Capital Facility. (C) Calculation of Credits. Credits will be based on that portion of the costs for an eligible Capital Facility identified in the adopted Infrastructure Improvements Plan for which a development fee was assessed pursuant to the Development Fee Report. If the Gross Development Fee for a particular category of Necessary Public Service is adopted at an amount lower than the Cost per Service Unit, the amount of any Credit shall be reduced in proportion to the difference between the Cost per Service Unit and the Gross Development Fee adopted. A Credit shall not exceed the actual costs the Applicant incurred in providing the eligible Capital Facility. (1) Credits will be based on the included costs in the calculation of the cost per Service Unit for each category of Necessary Public Service, including costs of land acquisition, improvements, engineering and architectural services, studies leading to design, design, construction, financing, and administrative costs, as well as projected costs of inflation. (D) Allocation of Credits. Before any Credit can be issued to a Subject Development (or portion thereof) , the Credit must be allocated to that development by executing a Credit Agreement between the Developer and the City stating the total amount of the Credits resulting from provision of an eligible Capital Facility. (1) It is the responsibility of the Developer to request allocation of development fee Credits through an application for a Credit Agreement (which may be part of a Development Agreement entered into pursuant to Section 7-1-16 of this Chapter) . ORDINANCE NO. 1399 PAGE 26 OF 53 (2) If a building permit is issued, and a development fee is paid prior to execution of a Credit Agreement for the Subject Development, no Credits may be allocated retroactively to that permit. Credits may be allocated to any remaining permits for the Subject Development in accordance with this Chapter. (3) If the entity that provides an eligible Capital Facility sells or relinquishes a development (or portion thereof) that it owns or controls prior to execution of a Credit Agreement or Development Agreement, Credits resulting from the eligible Capital Facility will only be allocated to the development if the entity legally assigns such rights and responsibilities to its successor (s) in interest for the Subject Development. (4) If multiple entities jointly provide an eligible Capital Facility, both entities must enter into a single Credit Agreement with the City, and any request for the allocation of Credit within the Subject Development (s) must be made jointly by the entities that provided the eligible Capital Facility. (E) Credit Agreement. Credits shall only be issued pursuant to a Credit Agreement executed in accordance with Subsection D of this Section. The City Manager or Authorized Designee is authorized by this Chapter to enter into a Credit Agreement with the controlling entity of a Subject Development, subject to the following: (1) The Developer requesting the Credit Agreement shall provide all information requested by the City to allow it to determine the value of the Credit to be applied. (2) An application for a Credit Agreement shall be submitted to the City by the Developer within one year of the date on which ownership or control of the Capital Facility passes to the City. (3) The Developer shall submit a draft Credit Agreement to the City Manager or authorized ORDINANCE NO. 1399 PAGE 27 OF 53 designee (s) for review. The draft Credit Agreement shall include, at a minimum, all of the following information and supporting documentation: (a) A legal description and map depicting the location of the Subject Development for which Credit is being applied. The map shall depict the location of the Capital Facilities that have been or will be provided. (b) An estimate of the total Service Units that will be developed within the Subject Development depicted on the map and described in the legal description. (c) A list of the Capital Facilities, associated physical attributes, and the related costs as stated in the Infrastructure Improvements Plan. (d) Documentation showing the date (s) of acceptance by the City, if the Capital Facilities have already been provided. (e) The total amount of Credit to be applied within the Subject Development and the calculations leading to the total amount of Credit . (f) The Credit amount to be applied to each Service Unit within the Subject Development for each Category of Necessary Public Services . (4) Calculation and payment of credits not involving transfer of land, non-contiguous parcels, or delayed fee payments shall be approved by the City Manager or authorized designee (s) . Credit Agreements for all other Subject Development shall be approved by the City Manager prior to its execution. The City Manager' s determination of the Credit to be allocated is final . (5) Upon execution of the Credit Agreement by the City and the Applicant, Credits shall be deemed allocated to the Subject Development. (6) Any amendment to a previously approved Credit Agreement must be initiated within two years of ORDINANCE NO. 1399 PAGE 28 OF 53 the City' s final acceptance of the eligible Capital Facility for which the amendment is requested. (7) Any Credit Agreement approved as part of a Development Agreement shall be amended in accordance with the terms of the Development Agreement and Section 7-1-16 of this Chapter. (F) Issuance of Credits. Credits allocated pursuant to Subsection (D) of this Section may be issued and applied toward the Gross Development Fees due from a development, subject to the following conditions : (1) Credits issued for an eligible Capital Facility may only be applied to the development fee due for the applicable Category of Necessary Public Services, and may not be applied to any fee due for another Category of Necessary Public Services . (2) Credits shall only be issued when the eligible Capital Facility from which the Credits were derived has been accepted by the City or when adequate security for the completion of the eligible Capital Facility has been provided in accordance with all terms of an executed Development Agreement. (3) Where Credits have been issued pursuant to Subparagraph (2) of this Subsection, a development fee due at the time a building permit is issued shall be reduced by the Credit amount stated in or calculated from the executed Credit Agreement. Where Credits have not yet been issued, the Gross Development Fee shall be paid in full, and a refund of the Credit amount shall be due when the Developer demonstrates compliance with Subparagraph (2) of this Subsection in a written request to the City. (4) Credits, once issued, may not be rescinded or reallocated to another permit or parcel, except that Credits may be released for reuse on the same Subject Development if a building permit for which the Credits were issued has expired or been voided and is otherwise eligible for a ORDINANCE NO. 1399 PAGE 29 OF 53 refund under Section 7-1-19 (A) (2) (a) of this Chapter. (5) Notwithstanding the other provisions of this Section 7-1-15, Credits issued prior to January 1, 2012 may only be used for the Subject Development for which they were issued. Such Credits may be transferred to a new owner of all or part of the Subject Development in proportion to the percentage of ownership in the Subject Development to be held by the new owner. 7-1-16 DEVELOPMENT AGREEMENTS. Development Agreements containing provisions regarding development fees, development fee Credits, and/or disbursement of revenues from development fee accounts shall comply with the following: (A) Development Agreement Required. A Development Agreement is required to authorize any of the following: (1) To issue Credits prior to the City' s acceptance of an eligible Capital Facility. (2) To allocate Credits to a parcel that is not contiguous with the Subject Development and that does not meet the requirements of Subparagraph (D) (7) of the Section of this Chapter. (3) To reimburse the Developer of an eligible Capital Facility using funds from development fee accounts . (4) To allocate different Credit amounts per Service Unit to different parcels within a Subject Development. (5) For a Single Unit residential Dwelling Unit, to allow development fees to be paid at a later time than the issuance of a building permit as provided in this Section. (6) To waive development fees owed by the Developer and establish alternative revenues for applicable development fee accounts . ORDINANCE NO. 1399 PAGE 30 OF 53 (B) General Requirements. All Development Agreements shall be prepared and executed in accordance with A.R. S . § 9-500 . 05 and any applicable requirements of the City Code . Except where specifically modified by this Section, all provisions of Section 7-1-15 of this Chapter shall apply to any Credit Agreement that is authorized as part of a Development Agreement. (C) Early Credit Issuance. A Development Agreement may authorize the issuance of Credits prior to acceptance of an eligible Capital Facility by the City when the Development Agreement specifically states the form and value of the security (i .e . bond, letter of Credit, etc. ) to be provided to the City prior to issuance of any Credits . The City shall determine the acceptable form and value of the security to be provided. (D) Non-Contiguous Credit Allocation. A Development Agreement may authorize the allocation of Credits to a non-contiguous parcel only if all of the following conditions are met: (1) The non-contiguous parcel is in the same Service Area as that served by the eligible Capital Facility. (2) The non-contiguous parcel receives a Necessary Public Service from the eligible Capital Facility. (3) The Development Agreement specifically states the value of the Credits to be allocated to each parcel and/or Service Unit, or establishes a mechanism for future determination of the Credit values . (E) Uneven Credit Allocation. The Development Agreement must specify how Credits will be allocated amongst different parcels on a per-Service Unit basis, if the Credits are not to be allocated evenly. If the Development Agreement is silent on this topic, all Credits will be allocated evenly amongst all parcels on a per-Service Unit basis . (F) Use of Reimbursements. Funds reimbursed to developers from development fee accounts for ORDINANCE NO. 1399 PAGE 31 OF 53 construction of an eligible Capital Facility must be utilized in accordance with applicable law for the use of City funds in construction or acquisition of Capital Facilities, including A.R. S . § 34-201, et seq. (G) Deferral of Fees. A Development Agreement may provide for the deferral of payment of development fees for a residential development beyond the issuance of a building permit; provided that a development fee may not be paid later than the 15 days after the issuance of the certificate of occupancy for that Dwelling Unit. The Development Agreement shall provide for the value of any deferred development fees to be supported by appropriate security, including a surety bond, letter of credit, or cash bond. (H) Waiver of Fees. If the City agrees to waive any development fees assessed on development in a Development Agreement, the City shall reimburse the appropriate development fee account (s) for the amount that was waived pursuant to A.R. S . § 9- 463 . 05 . (I) No Obligation. Nothing in this Section obligates the City to enter into any Development Agreement or to authorize any type of Credit Agreement permitted by this Section. 7-1-17 RELIEF PROCEDURES AND HEARINGS. The Developer who owes, has paid a development fee, or disagrees with the Offset amount determined by the Development Fee Administrator, may appeal to the City Manager in accordance with the following procedures : (A) Form of Appeal . Such appeal must be filed with the Development Fee Administrator in writing: either within 30 calendar days after the date the City notified the Developer of an assessment or Offset determination; or within 30 calendar days after the Developer paid the development fee. (B) Fees During Pendency. Any building permit issued before the appeal is filed shall be considered stayed until after the appeal process has concluded. ORDINANCE NO. 1399 PAGE 32 OF 53 Any work in progress completed during the appeal process shall be performed at the Developer' s own risk. Failure to pay the development fees as determined on appeal shall result in the withholding by the City of the certificate of occupancy for the Subject Development. (C) City Action. The City Manager must render a decision within 30 calendar days after the Appeal is received by the Development Fee Administrator. The City Manager' s failure to render a decision within the 30 calendar days, absent a continuance request by the Developer, shall result in the Developer' s position prevailing over the City' s . The Developer shall be notified of the City Manager' s decision in writing within 30 calendar days after the Appeal is received by the Development Fee Administrator. (D) Final Decision. The decision of the City Manager shall be considered the final administrative decision of the City. Any further appeals shall be pursuant to A.R. S § 12-901 et seq. 7-1-18 DEVELOPMENT FEE AS SUPPLEMENTAL REGULATION TO OTHER FINANCING METHODS. (A) Except as herein otherwise provided, development fees are in addition to any other requirements, taxes, fees or assessments imposed by the City on development or the issuance of building permits or certificates of occupancy which are imposed on and due against property within the jurisdiction of the City. Development fees are intended to be consistent with the City' s General Plan, Capital Improvements Program, Land Development Code, and other City policies, ordinances and resolutions by which the City seeks to ensure the provision of Capital Facilities in conjunction with development. (B) In addition to the use of development fees, the City may finance qualifying Capital Facilities through the issuance of bonds, the formation of assessment districts or any other authorized mechanism, in a manner and subject to such limitations as provided by law. ORDINANCE NO. 1399 PAGE 33 OF 53 7-1-19 REFUNDS OF DEVELOPMENT FEES. (A) Refunds. A refund (or partial refund) will be paid to any current owner of property within the City who submits a written request to the City and demonstrates that: (1) The permit (s) that triggered the collection of the development fee have expired or been voided prior to the commencement of the development for which the permits were issued and the development fees collected have not been expended, encumbered, or Pledged for the repayment of Financing or Debt; or (2) The owner of the Subject Development or its predecessor in interest paid a development fee for the applicable Capital Facility on or after August 4, 2014, and one of the following conditions exists : (a) The Capital Facility designed to serve the Subject Development has been constructed, has the capacity to serve the Subject Development and any development for which there is reserved capacity, and the service which was to be provided by that Capital Facility has not been provided to the Subject Development from that Capital Facility or from any other infrastructure . (b) After collecting the fee to construct a Capital Facility the City fails to complete construction of the Capital Facility within the time period identified in the Infrastructure Improvements Plan, as it may be amended, and the corresponding service is otherwise unavailable to the Subject Development from that Capital Facility or any other infrastructure . (c) For a Category of Necessary Public Services, any part of a development fee is not spent within ten years of the City' s receipt of the development fee . (d) The development fee was calculated and collected for the construction cost to ORDINANCE NO. 1399 PAGE 34 OF 53 provide all or a portion of a specific Capital Facility serving the Subject Development and the actual construction costs for the Capital Facility are less than the construction costs projected in the Infrastructure Improvements Plan by a factor of 10 percent or more . In such event, the current owner of the Subject Development shall, upon request as set forth in this Section A, be entitled to a refund for the difference between the amounts of the development fee charged for and attributable to such construction cost and the amount the development fee would have been calculated to be if the actual construction cost had been included in the Development Fee Report . The refund contemplated by this Subsection shall relate only to the costs specific to the construction of the applicable Capital Facility and shall not include any related design, administrative, or other costs not directly incurred for construction of the Capital Facility that are included in the development fee as permitted by A.R. S . § 9- 463 . 05 . (B) Earned Interest. A refund of a development fee shall include any interest actually earned on the refunded portion of the development fee by the City from the date of collection to the date of refund. All refunds shall be made to the record owner of the property at the time the refund is paid. (C) Refund to Government. If a development fee was paid by a governmental entity, any refund shall be paid to that governmental entity. 7-1-20 OVERSIGHT OF DEVELOPMENT FEE PROGRAM. (A) Annual Report. The City shall file with the City Clerk an unaudited annual report as required by all applicable laws . (B) Biennial Audit. The City shall conduct a biennial audit as required by A.R. S . § 9-463 . 05 . ORDINANCE NO. 1399 PAGE 35 OF 53 7-1-21 CALCULATION OF DEVELOPMENT FEES BASED ON FEE SCHEDULE. (A) Unless an Applicant requests an individual assessment as set forth in Subsection 7-1-13 (F) , the development fees shall be calculated for the proposed development based on any plan approval and/or permit allowing the use, according to the applicable fee schedule . (B) The following development fee schedules have been adopted by City Council Ordinance No. 1399 and are incorporated herein by reference : (1) Street Facilities development fee schedule (see Section 7-1 of this Chapter) ; (2) Police Facilities development fee schedule (see Section 7-2 of this Chapter) ; (3) Parks and Recreational Facilities development fee schedule (see Section 7-3 of this Chapter) ; and (4) Library Facilities development fee schedule (see Section 7-4 of this Chapter) . (C) The units of development specified in the fee schedule shall be interpreted as follows : (1) A Dwelling Unit shall be interpreted as Dwelling Unit as defined in Section 7-1-4 of this Chapter, provided that it shall also be interpreted as the creation of a new Manufactured Home or recreational vehicle space in a Manufactured Home or Recreational Vehicle Park; and (2) Building square footage shall be measured in terms of gross floor area, measured from the outside surfaces of the building walls . (D) For categories of uses not specified in the applicable development fee schedule, the Development Fee Administrator shall apply the category of use set forth in the applicable fee schedule that the Development Fee Administrator deems to be most similar to the proposed use. ORDINANCE NO. 1399 PAGE 36 OF 53 (E) If any plan or permit approval for the proposed development indicates a mix of uses in the development, the development fees shall be calculated separately for each use and the results aggregated. (F) For an addition, or to remodel or replace existing structures, or for a change of use to an existing structure, the development fee to be paid shall be the difference, if any, between: (1) The fee, if any, that would be payable for existing development on the site or, in the case of demolition or removal of a structure, the previous development on the site; and (2) The fee, if any, that would be payable for the total development on the site after the new development. (G) After receiving a written request of an Applicant, the Development Fee Administrator shall provide an estimate of the current development fee based on the data provided by the Applicant. However, this estimate does not establish any vested rights to build or develop the property. ARTICLE 7-1 . STREET FACILITIES DEVELOPMENT FEES 7-2-1 STREET FACILITIES DEVELOPMENT FEE SCHEDULE. (A) Street Facilities development fees shall be paid in accordance with Appendix 7-A at the conclusion of Chapter 7 . 7-2-2 INDIVIDUAL ASSESSMENTS OF STREET FACILITIES DEVELOPMENT FEES . (A) The Street Facilities development fees may be calculated based upon individual assessment. An individual assessment shall be at the cost of the Applicant and shall be prepared by a qualified traffic engineer firm or other qualified professional as approved by the Development Fee Administrator. ORDINANCE NO. 1399 PAGE 37 OF 53 (B) The individual assessment shall include, without limitation, the following elements : (1) A projection of the number of vehicular trips entering and departing from the project during an average weekday; (2) If the site is already developed, and some or all of the existing development will be replaced by the completed project, a calculation of the number of vehicular trips for that portion of the existing development which will be replaced by the completed project; (3) The percentage of trips which are "primary trips" (as opposed to "pass-by trips" or "diverted-link trips" for which the project is not the primary destination) ; (4) The average length of those trips on the City' s major roadway system; (5) The assumptions and conclusions from which any projections are made; if the assumptions or conclusions are derived from the current edition of the ITE manual or other standard reference materials, the materials shall be identified and appropriate excerpts or specific references provided; otherwise, the reasoning underlying the assumptions and conclusions shall be clearly stated in writing; and (6) Such information as the Development Fee Administrator shall reasonably request. (C) The Streets Facilities development fee per development unit shall be calculated according to the following formula (s) : ORDINANCE NO. 1399 PAGE 38 OF 53 Step 4-Cost per Development Unit Per Vehicle Streets Level Of Service and Capital Costs Mile Traveled Minor Arterial Cost $32.42 GROSS CAPITAL COST $32.42 Arterial Street Facilities-Residential Development Fee Schedule VMT= [A] [B] [C] [D] [A]x[B]x[C]x[D] Weekday Trip Rate Avg Miles Trip Length Cost Arterial Component Vehicle Adjustment per Veh.Trip Weighting Per Proposed Development Trip Ends* Factors* on System* Factors* VMT VMT Fee Unit Type Single Unit 5.60 1 7.92 121% 34.33 X $32.42 = $1,113 Single Unit-Manufactured 4.49 1 64% 7.92 121% 27.54 X $32.42 = $892 2+Unit 1 4.40 1 64% 7.92 121% 26.97 X $32.42 = $874 Arterial Street Facilities-Nonresidential Development Fee Schedule Weekday Trip Rate Avg Miles Trip Length Cost Arterial Component Vehicle Adjustment per Veh.Trip Weighting Per Proposed Development Fee Trip Ends* Factors* on System* Factors* VMT]E] VMT[F] (E]X(F]/1,000 rtt Commercial 42.70 33% 7.92 66% 73.62 X $32.42 = $2.38 Office 11.03 50% 7.92 73% 31.87 X $32.42 = $1.03 Industrial 6.97 50% 7.92 73% 20.14 X $32.42 = $0.65 Per Vehicle Streets Level Of Service and Capital Costs Mile Traveled Col I ector Costs $98.40 GROSS CAPITAL COST $98.40 Collector Street Facilities-Residential Development Fee Schedule VMT= [A] [B] IC] [D] [A]x[B]x[C]x[D] EWeekday Trip Rate Avg Miles Trip Length cast Collector Component Vehicle Adjustment per Veh.Trip Weighting Per Proposed Development Trip Ends* Factors* on System* Factors* VMT VMT Fee Unit Type Single Unit 5.60 64% 2.39 121% 0.37 X $98.40 Single Unit-Manufactured 4.49 64% 2.39 121% .32 X $98.40 = $818 2+Unit 4.40 64% 2.39 121% X $98.40 = $801 [1]Current Fee established in 2012was for Single Familyand Manufactured Home.The average of both is entered here. Collector Street Facilities-Nonresidential Development Fee Schedule Weekday Trip Rate Avg Miles Trip Length Cost Collector Component Vehicle Adjustment per Veh.Trip Weighting Per Proposed Development Fee Trip Ends* Factors* on System* Factors* VMT jE] VMT[F] [E]X[F]/1,000 "111 Commercial 42.70 1 33% 2.39 66% 22.23 X $98.40 = $2.18 Office 11.03 50% 2.39 73% 9.62 X $98.40 = $0.94 Industrial 6.97 50% 2.39 73% 6.08 X $98.40 = $0.59 ORDINANCE NO. 1399 PAGE 39 OF 53 Per Vehicle Streets Level Of Service and Capital Costs Mile Traveled Signalized Intersection Costs $4.89 GROSS cAPITAL COST $4.89 Signalized Intersection Street Facilities-Residential Development Fee Schedule VMT= [A] ]B] IQ ]D] [A]x]8]x]C]x[D] Weekday Trip Rate Avg Miles Trip Length Cost Arterial Component Vehicle Adjustment per Veh.Trip Weighting Per Proposed Development Trip Ends* Factors* on System* Factors* VMT VMT Fee Unit Type Single Unit 5.60 64% 1 10.32 121% 44.76 X $4.89 = $218 Single Unit-Manufactured 4.49 64% 1 10.32 121% 35.91 X $4.89 = $175 2+Unit 4.40 64% 10.32 121% 35.17 X $4.89 = $171 [1]Current Fee established in 2012was for Single Familyand Manufactured Home. The average of both is entered here. Signalized Intersection Street Facilities-Nonresidential Development Fee Schedule Weekday Trip Rate Avg Miles Trip Length F Cost Arterial Component Vehicle Adjustment per Veh.Trip Weighting Per Proposed Development Fee Trip Ends* Factors* on System* Factors* VMT[E] VMT[F] [E]X[F]/1,000 Commercial 42.70 33% 10.32 66% 95.98 X $4.89 = $0.46 Office 11.03 50% 10.32 73% 41.55 X $4.89 = $0.20 Industrial 6.97 50% 10.32 1 73% 26.26 X $4.89 = $0.12 Where : FEE = VMT X Net cost per VMT VMT = Average Weekday Trip Ends X Adjustment Factor X Average Miles per System Trip X Trip Length Weighting Factors Weekday Trip = vehicle trips per 1, 000 sq. ft. of Ends per 1, 000 nonresidential development as defined in Sq. Ft. the ITE Manual Trip Adjustment = percentage of all trip ends that Factor represent destination trips as defined in the ITE Manual Average Miles = 7 . 95 for Minor Arterials, 2 . 39 for per System Trip Collectors, and 10 . 32 for the Street Facilities system, unless the Applicant provides convincing evidence that another factor is more appropriate for the proposed development Trip Length = average trip length ratio by land use Weighting Factor type as defined in the National Household Travel Survey Net Cost per = $32 . 42 for Minor Arterials, $98 . 40 for VMT Collectors, and $4 . 89 for Signalized Intersections, unless the Applicant ORDINANCE NO. 1399 PAGE 40 OF 53 provides convincing evidence that another net cost factor is more appropriate for the proposed development 7-2-3 USE OF STREET FACILITIES DEVELOPMENT FEES . (A) The revenues from Street Facilities development fees collected within the service area and accrued interest on such revenues shall be used to finance project costs of qualifying major Street Facilities improvements, as determined by the City Council, provided that the improvements are shown in the approved Infrastructure Improvements Plan as described in Section 7-1-10 of this Chapter, and are located within the same Service Area. (B) Qualifying Street Facilities are limited to improvements to the City' s major roadway system. The City' s major roadway system consists of all City- maintained roadways or portions thereof that are classified as collectors or arterials by the City' s adopted Street Classification Plan on file within the Public Works Department. (C) Qualifying improvement costs include project engineering costs; the construction cost of improvement, including but not limited to street travel lanes, public pedestrian and bicycle pathways, turning lanes, lighting, signalization, signage and landscaping improvements that are required for the roadway improvement to function effectively; and the principal, interest and other financing costs of bonds, notes or other obligations issued by or on behalf of the City to finance qualified improvements . Such revenues may also fund the cost of consultants used in updating the Street Facilities portion of the Capital Improvements Program and in updating the Street Facilities development fee computations . (D) Monies collected as Street Facilities development fees shall not be used to pay for any of the following: ORDINANCE NO. 1399 PAGE 41 OF 53 (1) Construction, acquisition or expansion of public facilities other than qualifying Street Facilities improvements; (2) Retirement of debt incurred for Street Facilities constructed prior to March 1, 1997; (3) Street Facilities improvements, such as acceleration or deceleration lanes, that primarily serve, or are needed to mitigate the impacts of an individual development; (4) Repair, operation or maintenance of existing streets; (5) City personnel and consultants hired for purposes other than those expressly permitted under Subsections (A) and (B) above; (6) Streets and related transportation improvements that are within or adjacent to, and intended to serve only, a specific development such as a new residential subdivision; or (7) Acquisition of land or rights-of-way. Land costs are not included in the Street Facilities development fee calculations and no development fee funds shall be expended on right-of-way acquisition, nor shall Offsets against Street Facilities development fees be provided for dedication of rights-of-way. ARTICLE 7-2 . POLICE FACILITIES DEVELOPMENT FEES 7-3-1 POLICE FACILITIES DEVELOPMENT FEE SCHEDULE. (A) Police Facilities development fees shall be paid in accordance with Appendix 7-A at the conclusion of Chapter 7 . 7-3-2 INDIVIDUAL ASSESSMENTS OF POLICE FACILITIES DEVELOPMENT FEES . (A) The Police Facilities development fee may be calculated based upon individual assessment. An individual assessment shall be at the cost of the Applicant and shall be performed by a qualified ORDINANCE NO. 1399 PAGE 42 OF 53 professional as approved by the Development Fee Administrator. (B) The individual assessment shall include, without limitation, the data sources and calculations used to derive the ratio of Service Unit to Land Use for the type of proposed development . The Police Facilities development fee per development unit shall be calculated according to the following formula: Police Facilities Residential Level Of Service and Capital Costs Per Person Vehicle Costs $63.06 Communications Equipment Costs $23.86 IlPand Development Fee Study Cost $6.44 GROSS CAPITAL COST $93.36 Revenue Credit 0% $0.00 NET CAPITAL COST $93.36 Police Facilities Residential Development Fee Schedule Persons per Cost per Development Unit Type Housing Unit 1 Person Fee Single Unit 1.73 X $93.36 = $161 SingleUnit- Manufactured 1.21 X $93.36 = $113 2+Unit 1.39 X $93.36 = $129 Police Facilities Nonresidential Level Of Service and Capital Costs Per Nonres Trip Vehicle Costs $7.58 Communications Equipment Costs $2.87 IlPand Development Fee Study Cost $0.31 GROSS CAPITAL COST $10.76 Revenue Credit 0% $0.00 NET CAPITAL COST $10.76 Police Facilities Nonresidential Development Fee Schedule Cost per Development Nonresidential Land Use Vehicle Tri s 1 Nonres Tri Fee rr� Commercial 14.09 X $10.76 = $0.15 Office 5.52 X $10.76 = $0.05 Industrial 3.49 X $10.76 = $0.03 [1] Development Fee Land Use Assumptions [2] Current Fee established in 2012 Where : ORDINANCE NO. 1399 PAGE 43 OF 53 Persons per = the average number of persons per total Housing Unit dwelling units of the proposed housing type Vehicle Trips = Weekday Trip Ends per 1, 000 Sq. Ft . X Trip Adjustment Factor as defined in the ITE Manual Weekday Trip = vehicle trips per 1, 000 sq. ft. of Ends per 1, 000 nonresidential development as defined in Sq. Ft. the ITE Manual Trip = percentage of all trip ends that Adjustment represent destination trips as defined in Factor the ITE Manual Net Cost per = $93 . 36 unless the Applicant provides Person convincing evidence that another net cost factor is more appropriate for the proposed development Net Cost per = $10 . 76 unless the Applicant provides Non- convincing evidence that another net cost Residential factor is more appropriate for the Vehicle Trip proposed development (C) The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in Subsection (B) of this Section. 7-3-3 USE OF POLICE FACILITIES DEVELOPMENT FEES. (A) The revenues from Police Facilities development fees collected within the Service Area and accrued interest on such revenues shall be used to finance project costs of qualifying Police Facilities improvements, as determined by the City Council, provided that the improvements are shown in the approved Infrastructure Improvements Plan as described in Section 7-1-10 of this Chapter, and are located within the same Service Area. (B) Qualifying Police Facilities improvements are limited to capital improvements to the City' s public safety building, acquisition of land for or construction of Police facilities, acquisition of capital equipment required for police operations, or ORDINANCE NO. 1399 PAGE 44 OF 53 other similar improvements, including the principal, interest and other financing costs of bonds, notes or other obligations issued by or on behalf of the City to finance qualified improvements . Such revenues may also fund the cost of consultants used in updating the Police Facilities portion of the Capital Improvements Program and in updating the Police Facilities development fee computations . (C) Monies collected as Police Facilities development fees shall not be used to pay for any of the following: (1) Construction, acquisition or expansion of public facilities other than qualifying Police Facilities improvements; (2) Retirement of debt incurred for Police Facilities constructed prior to March 1, 1997; (3) Repair, operation, maintenance or replacement of existing Police Facilities or capital equipment; and (4) City personnel and consultants hired for purposes other than those expressly permitted under Subsections (A) and (B) above. ARTICLE 7-3. PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEES 7-4-1 PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEE SCHEDULE . (A) Parks and Recreational Facilities development fees shall be paid in accordance with Appendix 7-A at the conclusion of Chapter 7 . 7-4-2 INDIVIDUAL ASSESSMENTS OF PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEES . (A) The Parks and Recreational Facilities development fee may be calculated based upon individual assessment. An individual assessment shall be at the cost of the Applicant and shall be performed by a ORDINANCE NO. 1399 PAGE 45 OF 53 qualified professional as approved by the Development Fee Administrator. (B) The individual assessment shall include, without limitation, the data sources and calculations used to derive the ratio of Service Unit to Land Use for the type of proposed development. The Parks and Recreational Facilities development fee per development unit shall be calculated according to the following formula: ORDINANCE NO. 1399 PAGE 46 OF 53 Parks and Recreational Facilities Level Of Service and Infrastructure Costs Per Person Parkland Cost Developed Parks $594.31 Park Improvements Cost Developed Parks $204.32 Recreation Facility Cost $40.24 Multi-Use Trails Cost $1.98 IlPand Development Fee Study Cost: $7.28 GROSS CAPITAL COST $848.13 Revenue Credit 0% $0.00 NET CAPITAL COST $848.13 Parks and Recreational Facilities Development Fee Schedule Persons per Cost per Development Unit Type Housing Unit 1 Person Fee Single Unit 1.73 X $848.13 = $1,466 SingleUnit- Manufactured 1.21 X $848.13 = $1,027 2+Unit 1.39 X $848.13 = $1,174 [1] Development Fee Land Use Assumptions [2] Current Fee established in 2012 Parks and Recreational Facilities Level Of Service and Infrastructure Costs Per Job Parkland Cost Developed Parks $364.28 Park Improvements Cost Developed Parks $125.24 Recreation Facility Cost $24.67 Multi-Use Trails Cost $1.22 IlPand Development Fee Study Cost: $1.71 GROSS CAPITAL COST $517.12 Revenue Credit 0% $0.00 NET CAPITAL COST $517.12 Parks and Recreational Facilities Development Fee Schedule Cost per Development Nonresidential Land Use Jobs[31 Job Fee Commercial 2.00 X $517.12 = $1.03 Office 3.32 X $517.12 = $1.71 Industrial 2.31 X $517.12 = $1.19 [31 Trip Generation, Institute of Transportation Engineers,9th Edition (2012). [4] Cityof Apache Junction does not currentlyassess Parks and Recreational Facilities developmentfees on nonresidential development. Where : Persons per = the average number of persons per total Housing Unit dwelling units of the proposed housing type Jobs = Employment per 1, 000 Sq. Ft . as defined in the ITE Manual ORDINANCE NO. 1399 PAGE 47 OF 53 Net Cost per = $848 . 13 unless the Applicant provides Person convincing evidence that another net cost factor is more appropriate for the proposed development Net Cost per = $517 . 12 unless the Applicant provides Job convincing evidence that another net cost factor is more appropriate for the proposed development (C) The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in Subsection (B) of this Section. 7-4-3 USE OF PARK AND RECREATIONAL FACILITIES DEVELOPMENT FEES . (A) The revenues from Parks and Recreational Facilities development fees collected within the Service Area and accrued interest on the revenues shall be used to finance project costs of qualifying Parks and Recreational Facilities improvements, as determined by the City Council, provided that the improvements are shown in the approved Infrastructure Improvements Plan as described in Section 7-1-10 of this Chapter, and are located within the same Service Area. (B) Qualifying Parks and Recreational Facilities improvements are limited to park site development costs, including grading, utilities, landscaping, lighting, fencing, signage and construction of parking facilities; acquisition, construction and installation of Parks and Recreational Facilities and equipment; or other similar improvements, including the principal, interest and other financing costs of bonds, notes or other obligations issued by, or on behalf of, the City to finance qualified improvements . Such revenues may also fund the cost of consultants used in updating the Parks and Recreational Facilities portion of the Capital Improvements Program and in updating the Parks and Recreational Facilities development fee computations . ORDINANCE NO. 1399 PAGE 48 OF 53 (C) Monies collected as Parks and Recreational Facilities development fees shall not be used to pay for any of the following: (1) Construction, acquisition or expansion of public facilities other than qualifying Parks and Recreational Facilities improvements; (2) Retirement of debt incurred for Parks and Recreational Facilities constructed prior to March 1, 1997; (3) Repair, operation, maintenance or replacement of existing Parks and Recreational Facilities or capital equipment; and (4) City personnel and consultants hired for purposes other than those expressly permitted under Subsections (A) and (B) above. ARTICLE 7-4 . LIBRARY FACILITIES DEVELOPMENT FEES 7-5-1 LIBRARY FACILITIES DEVELOPMENT FEE SCHEDULE. (A) Library Facilities development fees shall be paid in accordance with Appendix 7-A at the conclusion of Chapter 7 . 7-5-2 INDIVIDUAL ASSESSMENTS OF LIBRARY FACILITIES DEVELOPMENT FEES . (A) The Library Facilities development fee may be calculated based upon individual assessment. An individual assessment shall be at the cost of the Applicant and shall be performed by a qualified professional as approved by the Development Fee Administrator. (B) The individual assessment shall include, without limitation, the data sources and calculations used to derive the ratio of Service Unit to Land Use for the type of proposed development. The development fee per development unit shall be calculated according to the following formula: ORDINANCE NO. 1399 PAGE 49 OF 53 Library Facilities Level of Service and Infrastructure Costs Per Person LibraryFacilities $534.90 IlPand Development Fee Study Cost $5.29 GROSS CAPITAL COST $540.19 Revenue Credit 0% $0.00 NET CAPITAL COST $540.19 Library Facilities Development Fee Schedule Persons per Cost per Development Unit Type Housing Unit[1] Person Fee Single Unit 1.73 X $540.19 = $934 SingleUnit- Manufactured 1.21 X $540.19 = $654 2+Units 1.39 X $540.19 = $748 [1] Development Fee Land Use Assumptions [2] Current Fee established in 2012 Library Facilities Level of Service and Infrastructure Costs Perlob LibraryFacilities $151.93 IIP and Development Fee Study Cost $1.24 GROSS CAPITAL COST $153.17 Revenue Credit 0% $0.00 NET CAPITAL COST $153.17 Library Facilities Nonresidential Development Fee Schedule Cost per Development Nonresidential Land Use Jobs[3] Job Fee off Commercial 2.00 X $153.17 = $0.30 Office 3.32 X $153.17 = $0.50 Industrial 2.31 X $153.17 = $0.35 [31 Trip Generation, Institute of Transportation Engineers,9th Edition (2012). [4] Cityof Apache Junction does not currentlyassess Library Facilities developmentfees on nonresidential development. Where : Persons per = the average number of persons per total Housing Unit dwelling units of the proposed housing type Jobs = Employment per 1, 000 Sq. Ft . as defined in the ITE Manual Net Cost per = $540 . 19 unless the Applicant provides Person convincing evidence that another net cost ORDINANCE NO. 1399 PAGE 50 OF 53 factor is more appropriate for the proposed development Net Cost per = $153 . 17 unless the Applicant provides Job convincing evidence that another net cost factor is more appropriate for the proposed development (C) The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in Subsections (A) and (B) of this Section. 7-5-3 USE OF LIBRARY FACILITIES DEVELOPMENT FEES . (A) The revenues from Library Facilities development fees collected within the Service Area and accrued interest on such revenues shall be used to finance project costs of qualifying Library Facilities improvements, as determined by the City Council, provided that the improvements are shown in the approved Infrastructure Improvements Plan as described in Section 7-1-10 of this Chapter, and are located within the same Service Area. (B) Qualifying Library Facilities improvements are limited to acquisition of library sites; library site development costs, including grading, utilities, landscaping, lighting, fencing, signage and construction of parking facilities; acquisition, construction and installation of Library Facilities and equipment; or other similar improvements, including the principal, interest and other financing costs of bonds, notes or other obligations issued by or on behalf of the City to finance qualified improvements . The revenues may also fund the cost of consultants used in updating the Library Facilities portion of the Capital Improvements Program and in updating the Library Facilities development fee computations . (C) Monies collected as Library Facilities development fees shall not be used to pay for any of the following: ORDINANCE NO. 1399 PAGE 51 OF 53 (1) Construction, acquisition or expansion of public facilities other than qualifying Library Facilities improvements; (2) Retirement of debt incurred for Library Facilities constructed prior to March 1, 1997; (3) Repair, operation, maintenance or replacement of existing Library Facilities or capital equipment; and (4) City personnel and consultants hired for purposes other than those expressly permitted under Subsections (A) and (B) above . APPENDIX 7-A. DEVELOPMENT FEE SCHEDULE Library Recreation I Streets Developme Residential Single Unit $934 $1,466 $161 $2,364 $4,925 Single Unit-Manufactured Homes $6541 $1,027 $1131 $1,895 $3,689 2+Unit $7481 $1,174 $1291 $1,856 $3,907 Nonresidential Commercial $0.30 $1.03 $0.15 $5.04 $6.52 Office $0.50 $1.711 $0.05 $2.18 $4.44 Industrial $0.35 $1.191 $0.03 $1.36 $2.93 ORDINANCE NO. 1399 PAGE 52 OF 53 ORDINANCE NO. 1399 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, BY REPEALING CHAPTER 7 DEVELOPMENT FEES IN ITS ENTIRETY; AND ADOPTING BY REFERENCE A NEW CHAPTER 7 DEVELOPMENT FEES; ESTABLISHING AN EFFECTIVE DATE; REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY. WHEREAS, municipalities in Arizona have authority to impose development fees under Arizona Revised Statutes § 9- 463 . 05; and WHEREAS, the imposition of development fees is one of the preferred and most direct methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate new development; and WHEREAS, the City originally adopted development fees for roads, police, parks, and library and municipal building facilities in December 1996, amended them in February 1998, August 2002, November 2005 and March 2007; and WHEREAS, in 2011, the state legislature rewrote the majority of A.R. S . § 9-463 . 05, with the most significant amendments being: clarification of defined terms, a new infrastructure improvement plan, limitation on fee uses, a new study for land use assumptions, more onerous public notice and public hearing requirements, and a deadline for cities and towns to change their codes consistent with the new requirements no later than August 1, 2014; and WHEREAS, on March 5, 2014, the City timely provided the 30 day advanced notice of intention to assess a development fee; and WHEREAS, the City timely released to the public and posted on its website a written report of the land use assumptions and infrastructure improvement plan; and ORDINANCE NO. 1399 PAGE 1 OF 4 WHEREAS, on October 16, 2012, the Mayor and City Council approved a professional services contract with TischlerBise to conduct the new development fee ordinance study, land use assumptions and infrastructure improvement plan; and WHEREAS, on November 18, 2013, TischlerBise presented the Mayor and City Council at a work session with a draft of the proposed land use assumptions and infrastructure improvement plan; and WHEREAS, on December 3, 2013, the Mayor and City Council directed City staff to proceed with updating the development fees and ordinance in accordance with the TischlerBise recommended project timeline; and WHEREAS, on January 21, 2014, the City Council held a public hearing on the proposed land use assumptions and infrastructure improvement plan; and WHEREAS, on March 4, 2014, the Mayor and City Council approved and adopted the proposed land use assumptions, infrastructure improvements plan; and WHEREAS, the Mayor and City Council held a work session on March 31, 2014, regarding the proposed development fees and development fee ordinance update, in accordance with the development fee project timeline presented at the December 3, 2013 council meeting; and WHEREAS, the Mayor and City Council held a public hearing on April 15, 2014, regarding the proposed development fees and development fee ordinance update, in accordance with the development fee project timeline; and WHEREAS, A.R. S . § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; ORDINANCE NO. 1399 PAGE 2 OF 4 WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, codes which may be adopted by reference include those relating to development fees; and WHEREAS, City staff has determined that for administrative efficiency, it is more appropriate to update the current development fees by repealing Apache Junction City Code Volume II, Land Development Code, Chapter 7 Development Fees, in its entirety, and replacing it with an updated Apache Junction City Code Volume II, Land Development Code, Chapter 7 Development Fees; and THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, THAT: SECTION I IN GENERAL A) Existing "Apache Junction City Code Volume II, Land Development Code, Chapter 7 Development Fees", is hereby repealed. B) That certain document entitled "Apache Junction City Code Volume II, Land Development Code, Chapter 7 Development Fees", three copies of which are on file in the Office of the City Clerk of the City of Apache Junction, Arizona, which document was made a public record by Resolution No. 14-27 of the City of Apache Junction, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . SECTION II EFFECTIVE DATE The provisions of this Ordinance and public record adopted herein are effective beginning August 3, 2014 . SECTION III REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. ORDINANCE NO. 1399 PAGE 3 OF 4 SECTION IV PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF 20 JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1399 PAGE 4 OF 4 ORDINANCE NO. 1399 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, BY REPEALING CHAPTER 7 DEVELOPMENT FEES IN ITS ENTIRETY; AND ADOPTING BY REFERENCE A NEW CHAPTER 7 DEVELOPMENT FEES; ESTABLISHING AN EFFECTIVE DATE; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, municipalities in Arizona have authority to impose development fees under Arizona Revised Statutes § 9- 463. 05; and WHEREAS, the imposition of development fees is one of the preferred and most direct methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate new development; and WHEREAS, the City originally adopted development fees for roads, police, parks, and library and municipal building facilities in December 1996, amended them in February 1998, August 2002, November 2005 and March 2007; and WHEREAS, in 2011, the state legislature rewrote the majority of A. R. S . § 9-463. 05, with the most significant amendments being: clarification of defined terms, a new infrastructure improvement plan, limitation on fee uses, a new study for land use assumptions, more onerous public notice and public hearing requirements, and a deadline for cities and towns to change their codes consistent with the new requirements no later than August 1, 2014 ; and WHEREAS, on March 5, 2014, the City timely provided the 30 day advanced notice of intention to assess a development fee; and WHEREAS, the City timely released to the public and posted on its website a written report of the land use assumptions and infrastructure improvement plan; and ORDINANCE NO. 1399 PAGE 1 OF 4 WHEREAS, on October 16, 2012, the Mayor and City Council approved a professional services contract with TischlerBise to conduct the new development fee ordinance study, land use assumptions and infrastructure improvement plan; and WHEREAS, on November 18, 2013, TischlerBise presented the Mayor and City Council at a work session with a draft of the proposed land use assumptions and infrastructure improvement plan; and WHEREAS, on December 3, 2013, the Mayor and City Council directed City staff to proceed with updating the development fees and ordinance in accordance with the TischlerBise recommended project timeline; and WHEREAS, on January 21, 2014, the City Council held a public hearing on the proposed land use assumptions and infrastructure improvement plan; and WHEREAS, on March 4, 2014, the Mayor and City Council approved and adopted the proposed land use assumptions, infrastructure improvements plan; and WHEREAS, the Mayor and City Council held a work session on March 31, 2014 , regarding the proposed development fees and development fee ordinance update, in accordance with the development fee project timeline presented at the December 3, 2013 council meeting; and WHEREAS, the Mayor and City Council held a public hearing on April 15, 2014, regarding the proposed development fees and development fee ordinance update, in accordance with the development fee project timeline; and WHEREAS, A.R. S. § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; ORDINANCE NO. 1399 PAGE 2 OF 4 WHEREAS, pursuant to A. R. S. §§ 9-801 (1) and 9-802, codes which may be adopted by reference include those relating to development fees; and WHEREAS, City staff has determined that for administrative efficiency, it is more appropriate to update the current development fees by repealing Apache Junction City Code Volume II, Land Development Code, Chapter 7 Development Fees, in its entirety, and replacing it with an updated Apache Junction City Code Volume II, Land Development Code, Chapter 7 Development Fees. THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, THAT : SECTION I IN GENERAL A) Existing "Apache Junction City Code Volume II, Land Development Code, Chapter 7 Development Fees", is hereby repealed. B) That certain document entitled "Apache Junction City Code Volume II, Land Development Code, Chapter 7 Development Fees", three copies of which are on file in the Office of the City Clerk of the City of Apache Junction, Arizona, which document was made a public record by Resolution No. 14-27 of the City of Apache Junction, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A. R. S. § 9-802. SECTION II EFFECTIVE DATE The provisions of this Ordinance and public record adopted herein are effective beginning August 4, 2014 . SECTION III REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. ORDINANCE NO. 1399 PAGE 3 OF 4 SECTION IV PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS �L�" '' DAY OF 20_ SIGNED; AND ATTESTED TO THIS • mac' " DAY OF 20 ,'a- JO S. N A 0 yor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: c 57f! RICHARD J. STERN City Attorney ORDINANCE NO. 1399 PAGE 4 OF 4 7-1: GENERAL PROVISIONS 7-1-1 TITLE . This Chapter of the Apache Junction City Code, shall be known as the "'Apache Junction City Code Volume II, Land Development Code, Chapter 7 Development Fees" and may be referred to herein as "this Ordinance" or "this Chapter". 7-1-2 LEGISLATIVE INTENT. This Chapter is adopted for the purpose of promoting the health, safety and general welfare of the residents of the City of Apache Junction by: (A) Requiring new development to pay its proportionate share of the costs incurred by the City that are associated with providing Necessary Public Services to new development. (B) Setting forth standards and procedures for creating and assessing development fees consistent with the requirements of Arizona Revised Statutes ("A.R. S . ") § 9-463 . 05 . (C) Setting forth procedures for administering the development fee program, including mandatory offsets, credits, and refunds of development fees . All development fee assessments, offsets, credits, or refunds must be administered in accordance with the provisions of this Chapter. This Chapter shall not affect the City' s zoning authority or its authority to adopt or amend its General Plan, provided that planning and zoning activities by the City may require amendments to development fees pursuant to A. R. S . § 9-463 . 05. 7-1-3 PURPOSE AND ADMINISTRATION. (A) This Chapter assesses development fees to offset the costs to the City associated with providing Necessary Public Services to a development . (1) The fees shall : (a) Result in a beneficial use to the development; (b) Bare a rational relationship to the burden of the developer; and Page 1 of 45 (c) Be assessed in a non-discriminatory manner. (B) The development fees to be paid by each new development pursuant to this Chapter are to be proportional to the impact that the new development will have on the types of facilities for which the fees are charged. (C) The City official with primary responsibility for administering this Chapter is referred to herein as the "Development Fee Administrator. " The Development Fee Administrator shall be the Director of Development Services unless another person is so designated by the City Manager . The Development Fee Administrator may delegate authority conferred by this Chapter to other City staff . 7-1-4 DEFINITIONS . When used in this chapter, the terms listed below shall have the following meanings unless the context requires otherwise . Singular terms shall include their plural. Applicant: A person who applies to the City for a Building Permit . Appurtenance: Any fixed machinery or equipment, structure or other fixture, including integrated hardware, software or other components, associated with a Capital Facility that are necessary or convenient to the operation, use, or maintenance of a Capital Facility, but excluding replacement of the same after initial installation . Aquatic Center: A facility primarily designed to host non-recreational competitive functions generally occurring within water, including, but not limited to, water polo games, swimming meets, and diving events . Such facility may be indoors, outdoors, or any combination thereof, and includes all necessary supporting amenities, including but not limited to, locker rooms, offices, snack bars, bleacher seating, and shade structures . Building Permit: Any permit issued by the City that authorizes vertical construction, increases square footage, authorizes changes to land use, or provides for the addition of a residential or non-residential point of demand to a water or wastewater system. Page 2 of 45 Capital Facility: An asset having a Useful Life of three or more years that is a component of one or more Categories of Necessary Public Service provided by the City. A Capital Facility may include any associated purchase of real property, architectural and engineering services leading to the design and construction of buildings and facilities, improvements to existing facilities, improvements to or expansions of existing facilities, and associated financing and professional services. Wherever used herein, "infrastructure" shall have the same meaning as "Capital Facilities . " Category of Necessary Public Service: A category of Necessary Public Services for which the City is authorized to assess development fees, as further defined by A.R. S. § 9-463. 05. Category of Development: A specific Category of residential, commercial, office, industrial, or institutional development against which a development fee is calculated and assessed. The City assesses development fees against the following categories of development: residential, commercial, office, industrial, and institutional . City: The City of Apache Junction, Arizona . Commercial Land Use: The buying, selling, repair, leasing or storage of goods and services . This term shall not include manufacturing, distribution or general warehousing activities as a primary use. Credit: A reduction in an assessed development fee resulting from developer contributions to, payments for, construction of, or dedications for Capital Facilities included in an Infrastructure Improvements Plan pursuant to A. R. S . § 9-463. 05 (or as otherwise permitted by this Chapter) . Credit Agreement: A written agreement between the City and the developer (s) of Subject Development that allocates Credits to the Subject Development pursuant to Section 7-1- 15 of this Chapter. A Credit Agreement may be included as part of a Development Agreement pursuant to Section 7-1-16 of this Chapter. Credit Allocation: A term used to describe when Credits are distributed to a particular development or Page 3 of 45 parcel of land after execution of a Credit Agreement, but are not yet issued. Credit Issuance: A term used to describe when the amount of an assessed development fee attributable to a particular development or parcel of land is reduced by applying a Credit allocation. Developer: An individual, group of individuals, partnership, corporation, limited liability company, association, municipal corporation, state agency, or other person or entity undertaking land development activity, and their respective successors and assigns . Development Agreement: An agreement prepared in accordance with the requirements of Section 7-1-16 of this Chapter, A.R. S . § 9-500 . 05, and any applicable requirements of the City Code. Development Fee Report: A written report developed pursuant to A. R. S. § 9-463 . 05 that identifies the methodology for calculating the amount of each development fee, explains the relationship between the development fee to be assessed and the Cost per Service Unit calculated in the Infrastructure Improvements Plan, and which meets other requirements set forth in A. R. S . § 9-463. 05. Direct Benefit : A benefit to a Service Unit resulting from a Capital Facility that: (a) addresses the need for a Necessary Public Service created in whole or in part by the Service Unit; and that (b) meets either of the following criteria: ( i) the Capital Facility is located in the immediate area of the Service Unit and is needed in the immediate area of the Service Unit to maintain the Level of Service; or (ii) the Capital Facility substitutes for, or eliminates the need for a Capital Facility that would have otherwise have been needed in the immediate area of the Service Unit to maintain the City' s Level of Service. Dwelling, Multiple or 2f Unit Land Use: A building containing two or more primary dwelling units on a single lot . Types of multiple residence dwellings include duplexes, garden apartments, and multi-story apartment buildings . Dwelling, Single Unit or Single-Family Land Use: A detached or attached building containing one single-family dwelling unit constructed on a single lot . Page 4 of 45 Dwelling, Single Unit - Manufactured Homes Land Use: A single unit dwelling unit located in a Manufactured Home Park and designed exclusively for residential occupancy in conformance with the provisions of the Uniform Building Code adopted and amended by the City, and shall be interpreted as the creation of a new mobile home or recreational vehicle (as defined in A. R. S. § 41-2142 (26) ) space in a mobile home or recreational vehicle park. Dwelling Unit: A house, apartment, mobile home or trailer, group of rooms, or single room occupied as separate living quarters or, if vacant, intended for occupancy as separate living quarters. Equipment : Machinery, tools, materials, and other supplies, not including vehicles, that are needed by a Capital Facility to provide the Level of Service specified by the Infrastructure Improvement Plan, but excluding replacement of the same after initial development of the Capital Facility. Excluded Library Facility: Library facilities for which development fees may not be charged pursuant to A. R. S . § 9-463. 05, including that portion of any Library Facility that exceeds 10, 000 square feet, and Equipment, Vehicles or Appurtenances associated with Library operations . Excluded Park Facility: Parks and Recreational Facilities for which development fees may not be charged pursuant to A. R. S . § 9-463 . 05, including amusement parks, aquariums, Aquatic Centers, auditoriums, arenas, arts and cultural facilities, bandstand and orchestra facilities, bathhouses, boathouses, clubhouses, community centers greater than three thousand square feet in floor area, environmental education centers, equestrian facilities, golf course facilities, greenhouses, lakes, museums, theme parks, water reclamation or riparian areas, wetlands, or zoo facilities . Financing or Debt: Any debt, bond, note, loan, inter- fund loan, fund transfer, or other debt service obligation used to finance the development or expansion of a Capital Facility. General Plan: The most current version of the City of Apache Junction General Plan and all adopted amendments thereto. Page 5 of 45 Gross Development Fee: The total development fee to be assessed against a Subject Development on a per unit basis, prior to subtraction of any Credits . Industrial Land Use: The excavation, transporting, distribution, manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such manner as to change the form, character or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise. Infrastructure Improvements Plan: A document or series of documents that meet the requirements set forth in A. R. S . § 9-463 . 05, including those adopted pursuant to Section 7- 1-10 of this Chapter to cover any Category or combination of Categories of Necessary Public Services . Land Use Assumptions: Projections of changes in land uses, densities, intensities and population for a Service _ Area over a period of at least ten years, and developed pursuant to A.R. S. § 9-463 . 05. Level of Service: A quantitative and/or qualitative measure of a Necessary Public Service that is to be provided by the City to development in a particular Service Area, defined in terms of the relationship between service capacity and service demand, accessibility, response times, comfort or convenience of use, or other similar measures or combinations of measures . Level of Service may be measured differently for different Categories of Necessary Public Services, as identified in the applicable Infrastructure Improvements Plan . Library Facilities: A Category of Necessary Public Services in which literary, musical, artistic, or reference materials are kept (materials may be kept in any form of media such as electronic, magnetic, or paper) for non- commercial use by the public in a facility providing a Direct Benefit to development . Libraries do not include Excluded Library Facilities, although a Library may contain, provide access to, or otherwise support an Excluded Library Facility. Manufactured Home Park: Any development providing rental spaces for occupancy on a non-permanent basis for manufactured homes and/or recreational vehicles. Page 6 of 45 Necessary Public Services: "Necessary Public Services" shall have the meaning prescribed in A. R. S . § 9-463. 05, Subsection T, paragraph 7, as amended. Nonresidential Land Uses: Shall be defined according to the descriptions of land uses in the most current edition of Trip Generation, published by the Institute of Transportation Engineers, provided that retail uses not separately identified shall be classified in the shopping center category, and institutional uses not separately identified shall be classified in the general office category. Office Land Use: A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations . Offset : An amount which is subtracted from the overall costs of providing Necessary Public Services to account for those capital components of infrastructure or associated debt that have been or will be paid for by a development through taxes, fees (except for development fees) , and other revenue sources, as determined pursuant to A. R. S . § 9-463 . 05 . Parks and Recreational Facilities: A Category of Necessary Public Services including but not limited to parks, multi-use recreational trails, swimming pools and related facilities and equipment located on real property not larger than 30 acres in area, as well as park facilities larger than 30 acres where such facilities provide a Direct Benefit . Parks and Recreational Facilities do not include Excluded Park Facilities, although Parks and Recreational Facilities may contain, provide access to, or otherwise support an Excluded Park Facility. Pledged: Where used with reference to a development fee, a development fee shall be considered "pledged" where it was identified by the City as a source of payment or repayment for Financing or Debt that was identified as the source of financing for a Necessary Public Service for which a development fee was assessed pursuant to the then- applicable provisions of A. R. S . § 9-463 . 05 . Police Facilities: A Category of Necessary Public Services, including Vehicles and Equipment, that are used by law enforcement agencies to preserve the public peace, prevent crime, detect and arrest criminal offenders, Page 7 of 45 protect the rights of persons and property, regulate and control motorized and pedestrian traffic, train sworn personnel, and/or provide and maintain police records, vehicles, equipment, and communications systems. Police Facilities do not include vehicles and Equipment used to provide administrative services, or helicopters or airplanes. Police Facilities do not include any facility that is used for training officers from more than one station or substation. Qualified Professional : Any one of the following : (a) a professional engineer, surveyor, financial analyst or planner, or other licensed professional providing services within the scope of that person' s education or experience related to City planning, zoning, or impact development fees and holding a license issued by an agency or political subdivision of the State of Arizona; (b) a financial analyst, planner, or other non-licensed professional that is providing services within the scope of the person' s education or experience related to City planning, zoning, or impact development fees; or (c) any other person operating under the supervision of one or more of the above. Recreational Vehicle Park: Facilities for the temporary storage, parking and maneuvering of recreational vehicles with adequate roads and stall sires, including sanitary and water facilities with locations provided on a day-to-day basis . Residential Land Use: A building or portion thereof _ designed exclusively for residential occupancy in conformance with the provisions of the Uniform Building Code adopted and amended by the City. Service Area: Any specified area within the boundaries of the City within which: (a) the City will provide a Category of Necessary Public Services to development at a planned Level of Service; and (b) within which (i) a Substantial Nexus exists between the Capital Facilities to be provided and the development to be served, or (ii) in the case of Library Facilities or a Park Facility larger than 30 acres, a Direct Benefit exists between the Library Facilities or Park Facilities and the development to be served, each as prescribed in the Infrastructure Improvements Plan. Some or all of the Capital Facilities providing service to a Service Area may be physically located outside of that Service Area provided that the Page 8 of 45 required Substantial Nexus or Direct Benefit is demonstrated to exist . _ Service Unit: A standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated pursuant to generally accepted engineering or planning standards for a particular Category of Necessary Public Services . Street Facilities: A Category of Necessary Public Services including arterial or collector streets or roads, traffic signals, rights-of-way, and improvements thereon, bridges, culverts, irrigation tiling, storm drains, and regional transportation facilities . Subject Development: A land area linked by a unified plan of development, which must be contiguous unless the land area is part of a Development Agreement executed in accordance with Section 7-1-16 of this Chapter. Substantial Nexus: A substantial nexus exists where the demand for a Category of Necessary Public Services that will be generated by a service Unit can be reasonably quantified in terms of the burden it will impose on the available capacity of existing Capital Facilities, the need it will create for new or expanded Capital Facilities, and/or the benefit to the development from those Capital Facilities . Swimming Pool : A public facility primarily designed and/or utilized for recreational non-competitive functions generally occurring within water, including, but not limited to, swimming classes, open public swimming sessions, and recreational league swimming/diving events . The facility may be indoors, outdoors, or any combination thereof, and includes all necessary supporting amenities . Useful Life: The period of time in which an asset can reasonably be expected to be used under normal conditions, whether or not the asset will continue to be owned and operated by the City over the entirety of such period. Vehicle: Any device, structure, or conveyance utilized for transportation in the course of providing a particular Category of Necessary Public Services at a specified Level of Service, excluding helicopters and other aircraft . Page 9 of 45 7-1-5 APPLICABILITY. (A) The collection of development fees shall apply to all new development in the City, unless excepted in accordance with Section 7-1-13 (C) . 7-1-6 SERVICE AREAS. (A) For the purpose of all development fees, the Service Area shall be all of the incorporated area of the City. (B) Development fees shall be assessed only on new development located within the Service Area . (C) Development fees collected within the Service Area shall be spent within the Service Area . ( D) The appropriateness of the designation and boundaries of the Service Area (s ) shall be reviewed by the City as part of the development fee revision process pursuant to A. R. S. § 9--463 . 05 . Following such review and a public hearing, the Service Area (s) may be amended. 7-1-7 AUTHORITY FOR DEVELOPMENT FEES . (A) Development Fee Report and Implementation. The City may assess and collect a development fee for costs of Necessary Public Services, including all professional services required for the preparation or revision of an Infrastructure Improvements Plan, Development Fee Report, development fee, and required reports or audits conducted pursuant to this Chapter . Development fees shall be subject to the following requirements : (1) The City shall develop and adopt a Development Fee Report that analyzes and defines the development fees to be charged in each Service Area for each Capital Facility Category, based on the Infrastructure Improvements Plan, pursuant to A. R. S. § 9-463 . 05 . (2) Development fees shall be assessed against all new residential, commercial, office, and industrial developments, provided that the City may assess different amounts of development fees against specific Categories of Development based on the actual burdens and costs that are Page 10 of 45 associated with providing Necessary Public Services to that Category of Development . No development fee shall exceed the Cost per Service Unit for any Category of Development . (3) No development fees shall be charged, or Credits issued, for any Capital Facility that does not fall within one of the Categories of Necessary Public Services for which development fees may be assessed as identified in Section 7-1-10 of this Chapter. (4) Costs for Necessary Public Services made necessary by new development shall be based on the same Level of Service provided to existing development in the same Service Area . Development fees may not be used to provide a higher Level of Service to existing development or to meet stricter safety, efficiency, environmental, or other regulatory standards to the extent that these are applied to existing Capital Facilities that are serving existing development. (5) Development fees may not be used to pay the City' s administrative, maintenance, or other operating costs. (6) Projected interest charges and financing costs can only be included in development fees to the extent they represent principal and/or interest on the portion of any Financing or Debt used to finance the construction or expansion of a Capital Facility identified in the Infrastructure Improvements Plan. (7) All development fees shall meet the requirements of A.R. S . § 9-463 . 05 . (B) Costs per Service Unit . The Development Fee Report shall summarize the costs of Capital Facilities necessary to serve new development on a per Service Unit basis as defined and calculated in the Infrastructure Improvements Plan, including all required Offsets, and shall recommend a development fee structure for adoption by the City. The actual development fees to be assessed shall be disclosed and adopted in the form of development fee schedules described in this Chapter. Page 11 of 45 (C) Defined terms in any previously established fee schedule shall be interpreted according to the ordinance in effect at the time of their adoption. 7-1-8 FUND ACCOUNTING FOR DEVELOPMENT FEES . (A) The City Finance Department shall establish a separate accounting fund in which the development fees collected for a particular type of Capital Facility within the Service Area shall be credited. Such fees shall be invested by the City and the yield on those fees, at the actual rate of return to the City, shall be credited to such accounting fund periodically in accordance with the accounting policies of the City. The funds need not be segregated from other City monies for banking purposes . (B) Any yield on such accounting fund into which the fees are deposited shall accrue to that fund and shall be used for the purposes specified for that fund. (1) Limitations on Use of Fees. Development fees and any interest thereon collected pursuant to this Chapter shall be spent to provide Capital Facilities associated with the same Category of Necessary Public Services in the same Service Area for which they were collected, including costs of Financing or Debt used by the City to finance such Capital Facilities and other costs authorized by this Chapter that are included in the Infrastructure Improvements Plan. (C) The City Finance Department shall maintain and keep financial records for the accounting fund showing the revenues to the fund and the disbursements from that fund, in accordance with normal City accounting practices . The records of the fund shall be open to public inspection in the same manner as other financial records of the City. (D) Annual Report. The City shall issue as part of the report required in Section 7-1-20 of this Chapter an unaudited accounting of all development fee funds . Page 12 of 45 7-1-9 LAND USE ASSUMPTIONS. The Infrastructure Improvements Plan shall be consistent with the City' s current Land Use Assumptions for each Service Area and each Category of Necessary Public Services as adopted by the City pursuant to A. R. S. § 9-463 . 05 . (A) Renewal and Updating of the Land Use Assumptions. The Land Use Assumptions shall be developed, adopted, and modified subject to the procedures required by A.R. S . § 9-463 . 05 . 7-1-10 INFRASTRUCTURE IMPROVEMENTS PLAN. (A) Infrastructure Improvements Plan Contents. The Infrastructure Improvements Plan shall be developed by Qualified Professionals and may be based upon or incorporated within the City' s Capital Improvements Plan, when/if available, and/or other Capital Facilities plans . The Infrastructure Improvements Plan shall comply with the requirements of A. R. S. § 9-463 . 05, and shall : (1) Specify the Categories of Necessary Public Services for which the City will impose a development fee, which may include any or all of the following: (a) Street Facilities (b) Police (c) Parks and Recreational Facilities (d) Libraries 7-1-11 ADOPTION AND MODIFICATION PROCEDURES. (A) Adopting or Amending the Infrastructure Improvements Plan. The Infrastructure Improvements Plan shall be adopted or amended subject to the procedures required by A. R. S . § 9-463 . 05. 7-1-12 TIMING FOR THE RENEWAL AND UPDATING OF THE INFRASTRUCTURE IMPROVEMENTS PLAN AND THE LAND USE ASSUMPTIONS. (A) Renewal and Updating Procedure. All necessary renewals and updates of the Infrastructure Improvements Plan and Land Use Assumptions shall comply with procedures required by A. R. S . § 9- 463. 05. Page 13 of 45 7-1-13 COLLECTION OF DEVELOPMENT FEES . (A) Collection . Development fees, together with administrative charges assessed pursuant to Paragraph (A) (5) of this Section, shall be calculated and collected prior to issuance of permission to commence development; specifically: (1) Except as set forth in Subparagraph (2 ) below, the development fees for all new development shall be calculated and collected in conjunction with the application for the first building permit or electrical permit, certificate of compliance or occupancy, or other permit subsequent to development plan approval for such development, whichever occurs first in time. However, in no case shall the Development Fee Administrator allow prepayment of development fees in order to avoid higher fees which the Council has passed but have yet to go into effect . At the time the development fees are paid in full, a permit shall be issued. (2 ) For other uses not ultimately requiring a building permit, electrical permit, certificate of compliance or occupancy, or other permit, the fee shall be calculated and collected at such time as determined by the Development Fee Administrator. However, in no case shall the Development Fee Administrator allow prepayment of development fees in order to avoid higher fees which the Council has passed but have yet to go into effect. At the time the development fees are paid in full, a permit shall be issued. ( 3) If the building permit is for a change in the type of building use, an increase in square footage, or a change to land use, the development fee shall be assessed on the additional Service Units resulting from the expansion or change, and following the development fee schedule applicable to any new use type . (4 ) No building permit or certificate of occupancy shall be issued if a Development Fee is not paid as directed in the previous paragraphs. Page 14 of 45 (5) For issued permits that expire or are voided, development fees and administrative charges shall be as follows: (a) If the original permittee is seeking to renew an expired or voided permit, and the development fees paid for such development have not been refunded, then the permittee shall pay the difference between any development fees paid at the time the permit was issued and those in the fee schedule at the time the permit is reissued or renewed. (b) If a new or renewed permit for the same development is being sought by someone other than the original permittee, the new permit Applicant shall pay the full development fees specified in the fee schedule in effect at the time that the permits are reissued or renewed. If the original permittee has assigned its rights under the permits to the new permit Applicant, the new permit Applicant shall pay development fees as if it were the original permittee . (B) Manufactured Howie Parks and Recreational Vehicle Parks. Development fees for Mobile/Manufactured Home _ and Recreational Vehicle Parks shall be assessed for the entire development, based on the number of manufactured home and recreational vehicle spaces created at the time of application for the first building, electrical or other permit for the development. No additional development fees shall be assessed on subsequent building or electrical permits in the Manufactured Home or Recreational Vehicle Park unless additional spaces are created. Development fees for mobile/manufactured homes placed on single parcels shall be assessed in the same manner as site-built or conventional homes . (C) Exceptions. Development fees shall not be owed under any of the following conditions: (1) Development fees have been paid for the development and the permit (s) which triggered the collection of the development fees have not expired or been voided. Page 15 of 45 (2) Modifications requiring approval are made to existing development, or vacant property that previously accommodated any legal development and do not ; (a) add new Service Units, (b) increase the impact of previous or existing Service Units on existing or future Capital Facilities, or (c) change the land-use type of the previous or existing development to a different category of development for which a higher development fee would have been due. To the extent that any modification does not meet the requirements of this paragraph, the development fee due shall be the difference between the development fee that was or would have been due on the previous or existing development and the development fee that is due on the development as modified. (3) Placing on a lot or parcel in the city a temporary construction trailer or office, but only for the life of the building permit issued for the construction served by the trailer or office . (4 ) Expansion, upgrade or repair of a legally existing residential dwelling unit or structure . (5) Construction or installation of a development on vacant property that previously accommodated any legal development, subject to the terms of Subparagraph (2 ) above . (6) Any development, including but not limited to the mere subdivision of land, installation of utilities, or the use of land for limited recreational, agricultural, filling or dredging purposes which, in the opinion of the Development Fee Administrator, will not result in a net increase of more than 1 one-way average daily trip. (D) Temporary Exemptions from development fee Schedules. New developments in the City shall be temporarily exempt from increases in development fees that result from the adoption of new or modified development fee schedules as follows : (1) Residential Uses. On or after the day that the first building permit is issued for a single unit residential development, the City shall, at the permittee' s request, provide the Page 16 of 4S permittee with an applicable development fee schedule that shall be in force for a period of 24 months beginning on the day that the first building permit is issued, and which shall expire at the end of the first business day of the 25th month thereafter . During the effective period of the applicable development fee schedule, any building permit issued for the same single unit residential development shall not be subject to any new or modified development fee schedule. (2) Commercial, Office, Industrial, and 2+ Unit dwelling unit structures. On or after the day that the final approval, as defined in A.R. S. § 9-463 . 05 (T) (4 ) , is issued for a commercial, office, industrial or 2+ Unit development, the City shall provide an applicable development fee schedule that shall be in force for a period of 24 months beginning on the day that final development approval of a site plan or final subdivision plat is given, and which shall expire at the end of the first business day of the 25th month thereafter. During the effective period of the applicable development fee schedule, any building permit issued for the same development shall not be subject to any new or modified development fee schedule . (3) Other Development . Any Category of Development not covered under paragraphs 1 and 2 of this Subsection shall pay development fees according to the fee schedule that is current at the time of collection as specified in Subsection (A) of this Section. (4 ) Changes to Site Plans and Subdivision Plats. Notwithstanding the other requirements of this Subsection, if changes are made to a development' s final site plan or subdivision plat that will increase the number of service units after the issuance of a grandfathered development fee schedule, the City may assess any new or modified development fees against the additional service units. If the City reduces the amount of an applicable development fee during the period that a grandfathered development fee schedule is in force, the City shall assess the lower development fee . Page 17 of 45 (E) option to Pursue Special Fee Determination . where a Subject Development is of a type that does not closely fit within a particular Category of Development appearing on an adopted development fee schedule, or where a Subject Development has unique characteristics such that the actual burdens and costs associated with providing Necessary Public Services to that development will differ substantially from that associated with other developments in a specified Category of Development, the City may require the Applicant to provide the City Development Fee Administrator or authorized designee with an alternative development fee analysis . Based on a projection of the actual burdens and costs that will be associated with the Subject Development, the alternative development fee analysis may propose a unique fee for the development based on the application of an appropriate Service Unit factor to the applicable Cost per Service Unit, or may propose that the development be covered under the development fee schedule governing a different and more analogous Category of Development . The City Development Fee Administrator or authorized designee shall review the alternative impact fee analysis and shall make a determination as to the development fee to be charged. Such decision shall be appealable pursuant to Section 7-1-17 of this Chapter. The City Development Fee Administrator or authorized designee may require the Applicant to pay an administrative fee to cover the actual costs of reviewing the special fee determination application. (F) Individual Assessment of Development Fees. If any Applicant believes that the impact of the proposed development will be substantially less than would be indicated by using the fee schedule, the person may request to perform an individual assessment of the impact of the proposed development at his or her own cost . A request for an individual assessment must be made before submitting an application for a building permit. (1) The individual assessment shall be subject to the following special standards and procedures: (a) Street Facilities development fees (as set forth in Section 7-1) ; Page 18 of 45 (b) Police Facilities development fees (as set forth in Section 7-2) ; (c) Parks and Recreational Facilities development fees (as set forth in Section 7-3) ; (d) Library Facilities development fees (as set forth in Section 7-4 ) ; and (2) If the Development Fee Administrator accepts the computations of the individual assessment under this subchapter, the applicable fee shall be determined from the individual assessment . 7-1-14 EXPENDITURE OF DEVELOPMENT FEES. (A) Development fees may only be spent on qualifying improvements, as follows : (1) Street Facilities development fees shall be spent as set forth in Section 7-1-3; (2) Police Facilities development fees shall be spent as set forth in Section 7-2-3; (3) Parks and Recreational Facilities development fees shall be spent as set forth in Section 7- 3-3; (4) Library Facilities development fees shall be spent as set forth in Section 7-4-3; (B) Time Limit. Development fees collected after August 3, 2014 shall be used within ten years of the date upon which they were collected for all Categories of Necessary Public Services. 7-1-15 DEVELOPMENT FEE CREDITS AND CREDIT AGREEMENTS. (A) Eligibility of Capital Facility. All development fee Credits must meet the following requirements: ( 1) One of the following is true: (a) The Capital Facility, or the financial contribution toward a Capital Facility that will be provided by the developer and for which a Credit will be issued, must be identified in an adopted Infrastructure Improvements Plan and Development Fee Report as a Capital Facility for which a development fee was assessed; or Page 19 of 45 (b) The Applicant must demonstrate to the satisfaction of the City that, given the class and type of improvement, the subject Capital Facility should have been included in the Infrastructure Improvements Plan in lieu of a different Capital Facility that was included in the Infrastructure Improvements Plan and for which a development fee was assessed. If the subject Capital Facility is determined to be eligible for a Credit in this manner, the City shall amend the Infrastructure Improvements Plan to (i) include the subject replacement Facility and (ii) delete the Capital Facility that will be replaced. (2 ) Credits shall not be available for any infrastructure provided by a developer if the cost of such infrastructure will be repaid to the developer by the City through another agreement or mechanism. To the extent that the developer will be paid or reimbursed by the City for any contribution, payment, construction, or dedication from any City funding source including an agreement to reimburse the developer with future collected development fees pursuant to Section 7-1-16 of this Chapter, any Credits claimed by the developer shall be: (a) deducted from any amounts to be paid or reimbursed by the City; or (b) reduced by the amount of such payment or reimbursement . (B) Eligibility of Subject Development. To be eligible for a Credit, the Subject Development must be located within the Service Area of the eligible Capital Facility. (C) Calculation of Credits. Credits will be based on that portion of the costs for an eligible Capital Facility identified in the adopted Infrastructure Improvements Plan for which a development fee was assessed pursuant to the Development Fee Report. If the Gross Development Fee for a particular category of Necessary Public Service is adopted at an amount lower than the Cost per Service Unit, the amount of any Credit shall be reduced in proportion to the difference between the Cost per Service Unit and the Page 20 of 45 Gross Development Fee adopted. A Credit shall not exceed the actual costs the Applicant incurred in providing the eligible Capital Facility. ( 1) Credits will be based on the included costs in the calculation of the cost per Service Unit for each category of Necessary Public Service, including costs of land acquisition, improvements, engineering and architectural services, studies leading to design, design, construction, financing, and administrative costs, as well as projected costs of inflation. (D) Allocation of Credits. Before any Credit can be issued to a Subject Development (or portion thereof) , the Credit must be allocated to that development by executing a Credit Agreement between the Developer and the City stating the total amount of the Credits resulting from provision of an eligible Capital Facility. ( 1) It is the responsibility of the Developer to request allocation of development fee Credits through an application for a Credit Agreement (which may be part of a Development Agreement entered into pursuant to Section 7-1-16 of this Chapter) . (2) If a building permit is issued, and a development fee is paid prior to execution of a Credit Agreement for the Subject Development, no Credits may be allocated retroactively to that permit . Credits may be allocated to any remaining permits for the Subject Development in accordance with this Chapter. (3) If the entity that provides an eligible Capital Facility sells or relinquishes a development (or portion thereof) that it owns or controls prior to execution of a Credit Agreement or Development Agreement, Credits resulting from the eligible Capital Facility will only be allocated to the development if the entity legally assigns such rights and responsibilities to its successor (s) in interest for the Subject Development . (4 ) If multiple entities jointly provide an eligible Capital Facility, both entities must enter into a single Credit Agreement with the City, and any request for the allocation of Page 21 of 45 Credit within the Subject Development (s) must be made jointly by the entities that provided the eligible Capital Facility. (E) Credit Agreement . Credits shall only be issued pursuant to a Credit Agreement executed in accordance with Subsection D of this Section. The City Manager or Authorized Designee is authorized by this Chapter to enter into a Credit Agreement with the controlling entity of a Subject Development, subject to the following: ( 1) The Developer requesting the Credit Agreement shall provide all information requested by the City to allow it to determine the value of the Credit to be applied. (2 ) An application for a Credit Agreement shall be submitted to the City by the Developer within one year of the date on which ownership or control of the Capital Facility passes to the City. (3) The Developer shall submit a draft Credit Agreement to the City Manager or authorized designee (s) for review. The draft Credit Agreement shall include, at a minimum, all of the following information and supporting documentation: (a) A legal description and map depicting the location of the Subject Development for which Credit is being applied. The map shall depict the location of the Capital Facilities that have been or will be provided. (b) An estimate of the total Service Units that will be developed within the Subject Development depicted on the map and described in the legal description. (c) A list of the Capital Facilities, associated physical attributes, and the related costs as stated in the Infrastructure Improvements Plan. (d) Documentation showing the date (s) of acceptance by the City, if the Capital Facilities have already been provided. (e) The total amount of Credit to be applied within the Subject Development and the Page 22 of 45 calculations leading to the total amount of Credit. (f) The Credit amount to be applied to each Service Unit within the Subject Development for each Category of Necessary Public Services . (4) Calculation and payment of credits not involving transfer of land, non-contiguous parcels, or delayed fee payments shall be approved by the City Manager or authorized designee (s) . Credit Agreements for all other Subject Development shall be approved by the City Manager prior to its execution. The City Manager' s determination of the Credit to be allocated is final. (5) Upon execution of the Credit Agreement by the City and the Applicant, Credits shall be deemed allocated to the Subject Development . ( 6) Any amendment to a previously approved Credit Agreement must be initiated within two years of the City' s final acceptance of the eligible Capital Facility for which the amendment is requested. (7 ) Any Credit Agreement approved as part of a Development Agreement shall be amended in accordance with the terms of the Development Agreement and Section 7-1-16 of this Chapter. (F) Issuance of Credits. Credits allocated pursuant to Subsection (D) of this Section may be issued and applied toward the Gross Development Fees due from a development, subject to the following conditions: ( 1 ) Credits issued for an eligible Capital Facility may only be applied to the development fee due for the applicable Category of Necessary Public Services, and may not be applied to any fee due for another Category of Necessary Public Services . (2) Credits shall only be issued when the eligible Capital Facility from which the Credits were derived has been accepted by the City or when adequate security for the completion of the eligible Capital Facility has been provided in accordance with all terms of an executed Development Agreement. Page 23 of 45 (3) Where Credits have been issued pursuant to Subparagraph (2) of this Subsection, a development fee due at the time a building permit is issued shall be reduced by the Credit amount stated in or calculated from the executed Credit Agreement. Where Credits have not yet been issued, the Gross Development Fee shall be paid in full, and a refund of the Credit amount shall be due when the Developer demonstrates compliance with Subparagraph (2) of this Subsection in a written request to the City. (4) Credits, once issued, may not be rescinded or reallocated to another permit or parcel, except that Credits may be released for reuse on the same Subject Development if a building permit for which the Credits were issued has expired or been voided and is otherwise eligible for a refund under Section 7-1-19 (A) (2) (a) of this Chapter. (5) Notwithstanding the other provisions of this Section 7-1-15, Credits issued prior to January 1, 2012 may only be used for the Subject Development for which they were issued. Such Credits may be transferred to a new owner of all or part of the Subject Development in proportion to the percentage of ownership in the Subject Development to be held by the new owner. 7-1-16 DEVELOPMENT AGREEMENTS . Development Agreements containing provisions regarding development fees, development fee Credits, and/or disbursement of revenues from development fee accounts shall comply with the following: (A) Development Agreement Required. A Development Agreement is required to authorize any of the following: (1) To issue Credits prior to the City' s acceptance of an eligible Capital Facility. (2 ) To allocate Credits to a parcel that is not contiguous with the Subject Development and that does not meet the requirements of Page 24 of 45 Subparagraph (D) (7 ) of the Section of this Chapter . (3) To reimburse the Developer of an eligible Capital Facility using funds from development fee accounts . (4) To allocate different Credit amounts per Service Unit to different parcels within a Subject Development . (5) For a Single Unit residential Dwelling Unit, to allow development fees to be paid at a later time than the issuance of a building permit as provided in this Section. (6) To waive development fees owed by the Developer and establish alternative revenues for applicable development fee accounts. (B) General Requirements. All Development Agreements shall be prepared and executed in accordance with A. R. S. § 9-500 . 05 and any applicable requirements of the City Code. Except where specifically modified by this Section, all provisions of Section 7-1-15 of this Chapter shall apply to any Credit Agreement that is authorized as part of a Development Agreement. (C) Early Credit Issuance. A Development Agreement may authorize the issuance of Credits prior to acceptance of an eligible Capital Facility by the City when the Development Agreement specifically states the form and value of the security (i .e . bond, letter of Credit, etc. ) to be provided to the City prior to issuance of any Credits . The City shall determine the acceptable form and value of the security to be provided. (D) Non-Contiguous Credit Allocation. A Development Agreement may authorize the allocation of Credits to a non-contiguous parcel only if all of the following conditions are met : (1) The non-contiguous parcel is in the same Service Area as that served by the eligible Capital Facility. (2) The non-contiguous parcel receives a Necessary Public Service from the eligible Capital Facility. Page 25 of 45 (3) The Development Agreement specifically states the value of the Credits to be allocated to each parcel and/or Service Unit, or establishes a mechanism for future determination of the Credit values. (E) Uneven Credit Allocation. The Development Agreement must specify how Credits will be allocated amongst different parcels on a per-Service Unit basis, if the Credits are not to be allocated evenly. If the Development Agreement is silent on this topic, all Credits will be allocated evenly amongst all parcels on a per-Service Unit basis . (F) Use of Reimbursements. Funds reimbursed to developers from development fee accounts for construction of an eligible Capital Facility must be utilized in accordance with applicable law for the use of City funds in construction or acquisition of Capital Facilities, including A.R. S . § 34-201, et seq. (G) Deferral of Fees. A Development Agreement rr,ay provide for the deferral of payment of development fees for a residential development beyond the issuance of a building permit; provided that a development fee may not be paid later than the 15 days after the issuance of the certificate of occupancy for that Dwelling Unit. The Development Agreement shall provide for the value of any deferred development fees to be supported by appropriate security, including a surety bond, letter of credit, or cash bond. (H) Waiver of Fees. If the City agrees to waive any development fees assessed on development in a Development Agreement, the City shall reimburse the appropriate development fee account (s) for the amount that was waived pursuant to A. R. S. § 9- 463 . 05. (I) No Obligation. Nothing in this Section obligates the City to enter into any Development Agreement or to authorize any type of Credit Agreement permitted by this Section. 7-1-17 RELIEF PROCEDURES AND HEARINGS. The Developer who owes, has paid a development fee, or disagrees with the Offset amount determined by the Page 26 of 45 Development Fee Administrator, may appeal to the City Manager in accordance with the following procedures: (A) Form of Appeal. Such appeal must be filed with the Development Fee Administrator in writing: either within 30 calendar days after the date the City notified the Developer of an assessment or Offset determination; or within 30 calendar days after the Developer paid the development fee. (B) Fees During Pendency. Any building permit issued before the appeal is filed shall be considered stayed until after the appeal process has concluded. Any work in progress completed during the appeal process shall be performed at the Developer ' s own risk. Failure to pay the development fees as determined on appeal shall result in the withholding by the City of the certificate of occupancy for the Subject Development. (C) The City Manager must render a decision within 30 calendar days after the Appeal is received by the Development Fee Administrator. The City Manager' s failure to render a decision within the 30 calendar days, absent a continuance request by the Developer, shall result in the Developer ' s position prevailing over the City' s. The Developer shall be notified of the City Manager' s decision in writing within 30 calendar days after the Appeal is received by the Development Fee Administrator . (D) Final Decision. The decision of the City Manager shall be considered the final administrative decision of the City. Any further appeals shall be pursuant to A.R. S § 12-901 et seq. 7-1-18 DEVELOPMENT FEE AS SUPPLEMENTAL REGULATION TO OTHER FINANCING METHODS . (A) Except as herein otherwise provided, development fees are in addition to any other requirements, taxes, fees or assessments imposed by the City on development or the issuance of building permits or certificates of occupancy which are imposed on and due against property within the jurisdiction of the City. Development fees are intended to be consistent with the City' s General Plan, Capital Improvements Program, Land Development Code, and other City policies, ordinances and resolutions by which the Page 27 of 45 City seeks to ensure the provision of Capital Facilities in conjunction with development . (B) In addition to the use of development fees, the City may finance qualifying Capital Facilities through the issuance of bonds, the formation of assessment districts or any other authorized mechanism, in a manner and subject to such limitations as provided by law. 7-1-19 REFUNDS OF DEVELOPMENT FEES . (A) Refunds. A refund (or partial refund) will be paid to any current owner of property within the City who submits a written request to the City and demonstrates that: (1) The permit (s) that triggered the collection of the development fee have expired or been voided prior to the commencement of the development for which the permits were issued and the development fees collected have not been expended, encumbered, or Pledged for the repayment of Financing or Debt; or (2 ) The owner of the Subject Development or its predecessor in interest paid a development fee for the applicable Capital Facility on or after August 4 , 2014 , and one of the following conditions exists: (a) The Capital Facility designed to serve the Subject Development has been constructed, has the capacity to serve the Subject Development and any development for which there is reserved capacity, and the service which was to be provided by that Capital Facility has not been provided to the Subject Development from that Capital Facility or from any other infrastructure. (b) After collecting the fee to construct a Capital Facility the City fails to complete construction of the Capital Facility within the time period identified in the Infrastructure Improvements Plan, as it may be amended, and the corresponding service is otherwise unavailable to the Subject Development from that Capital Facility or any other infrastructure. Page 28 of 45 (c) For a Category of Necessary Public Services, any part of a development fee is not spent within ten years of the City' s receipt of the development fee . (d) The development fee was calculated and collected for the construction cost to provide all or a portion of a specific Capital Facility serving the Subject Development and the actual construction costs for the Capital Facility are less than the construction costs projected in the Infrastructure Improvements Plan by a factor of 10 percent or more. In such event, the current owner of the Subject Development shall, upon request as set forth in this Section A, be entitled to a refund for the difference between the amounts of the development fee charged for and attributable to such construction cost and the amount the development fee would have been calculated to be if the actual construction cost had been included in the Development Fee Report . The refund contemplated by this Subsection shall relate only to the costs specific to the construction of the applicable Capital Facility and shall not include any related design, administrative, or other costs not _ directly incurred for construction of the Capital Facility that are included in the development fee as permitted by A. R. S . § 9- 463 . 05 . (B) Earned Interest. A refund of a development fee shall include any interest actually earned on the refunded portion of the development fee by the City from the date of collection to the date of refund. All refunds shall be made to the record owner of the property at the time the refund is paid. (C) Refund to Government. If a development fee was paid by a governmental entity, any refund shall be paid to that governmental entity. Page 29 of 45 7-1-20 OVERSIGHT OF DEVELOPMENT FEE PROGRAM. (A) Annual Report . The City shall file with the City Clerk an unaudited annual report as required by all applicable laws . (B) Biennial Audit . The City shall conduct a biennial audit as required by A. R. S . § 9-463. 05 . 7-1-21 CALCULATION OF DEVELOPMENT FEES BASED ON FEE SCHEDULE . (A) Unless an Applicant requests an individual assessment as set forth in Subsection 7-1-13 (F) , the development fees shall be calculated for the proposed development based on any plan approval and/or permit allowing the use, according to the applicable fee schedule . (B) The following development fee schedules have been adopted by City Council Ordinance No . 1399 and are incorporated herein by reference : (1 ) Street Facilities development fee schedule (see Section 7-1 of this Chapter) ; (2) Police Facilities development fee schedule (see Section 7-2 of this Chapter) ; (3) Parks and Recreational Facilities development fee schedule (see Section 7-3 of this Chapter) ; and (4 ) Library Facilities development fee schedule (see Section 7-4 of this Chapter) . (C) The units of development specified in the fee schedule shall be interpreted as follows : (1) A Dwelling Unit shall be interpreted as Dwelling Unit as defined in Section 7-1-4 of this Chapter, provided that it shall also be interpreted as the creation of a new Manufactured Home or recreational vehicle space in a Manufactured Home or Recreational Vehicle Park; and (2) Building square footage shall be measured in terms of gross floor area, measured from the outside surfaces of the building walls . (D) For categories of uses not specified in the applicable development fee schedule, the Development Page 30 of 45 Fee Administrator shall apply the category of use set forth in the applicable fee schedule that the Development Fee Administrator deems to be most similar to the proposed use . (E) If any plan or permit approval for the proposed development indicates a mix of uses in the development, the development fees shall be calculated separately for each use and the results aggregated. (F) For an addition, or to remodel or replace existing structures, or for a change of use to an existing structure, the development fee to be paid shall be the difference, if any, between: (1 ) The fee, if any, that would be payable for existing development on the site or, in the case of demolition or removal of a structure, the previous development on the site; and (2) The fee, if any, that would be payable for the total development on the site after the new development . (G) After receiving a written request of an Applicant, the Development Fee Administrator shall provide an estimate of the current development fee based on the data provided by the Applicant . However, this estimate does not establish any vested rights to build or develop the property. ARTICLE 7-2 . STREET FACILITIES DEVELOPMENT FEES 7-2-1 STREET FACILITIES DEVELOPMENT FEE SCHEDULE . (A) Street Facilities development fees shall be paid in accordance with Appendix 7-A at the conclusion of Chapter 7 . 7-2-2 INDIVIDUAL ASSESSMENTS OF STREET FACILITIES DEVELOPMENT FEES. (A) The Street Facilities development fees may be calculated based upon individual assessment . An individual assessment shall be at the cost of the Applicant and shall be prepared by a qualified traffic engineer firm or other qualified Page 31 of 45 professional as approved by the Development Fee Administrator . (B) The individual assessment shall include, without limitation, the following elements : ( 1) A projection of the number of vehicular trips entering and departing from the project during an average weekday; (2 ) If the site is already developed, and some or all of the existing development will be replaced by the completed project, a calculation of the number of vehicular trips for that portion of the existing development which will be replaced by the completed project; (3) The percentage of trips which are "primary trips" (as opposed to "pass-by trips" or "diverted-link trips" for which the project is not the primary destination) ; (4 ) The average length of those trips on the City' s major roadway system; (5) The assumptions and conclusions from which any projections are made; if the assumptions or conclusions are derived from the current edition of the ITE manual or other standard reference materials, the materials shall be identified and appropriate excerpts or specific references provided; otherwise, the reasoning underlying the assumptions and conclusions shall be clearly stated in writing; and ( 6) Such information as the Development Fee Administrator shall reasonably request. (C) The Streets Facilities development fee per development unit shall be calculated according to the following formula (s) : Page 32 of 45 _ Step 4•Cast per Development Unit Per Vehicle Streets Level of Service and Capital Costs Mile Traveled Minor Arterial Cost $32,42 GROSS CAPITAL COST $32-42 Arterial Streer Facilities-Residential Development Fee Schedule VMT= JAI fBJ fCJ 101 [A) f6I x C x D Weekday Trip Rate Avg"Ies Trip Length Cost Arte►id Cbmpaoe C Vehicle Adjustment perVeh.Trip Weighting Per hgwedDeve roem Trip Ends` Factors' on System Factors+ VA#T VMT FM Unit Tipe Sin le Unit 1 5.60 64% 7.92 121% 34.33 X $32.42 = $1,113 Single Unit-Manufactured 4.49 64% 7.92 121% 27.54 X $32.42 = $892 2+Unit 4 40 64% 7.92 121% 26.97 X $32.42 = $874 Arterial Street Facilities-Nonresidential Develo ment Fee Schedule Weekday Trip Rote Avg Miles Trip length Cosa Arteeltd Component Vehlde Adjustment perVeh.Trip Weighting Per PrapandDesrehlpmentF- Tri Ends' Factors• on5 stem' Factors' VWT E VMT�f) (ffX(F//1,000 rir Commercial 42.70 33% 7,92 66% 73.62 X $32.42 = $2.38 Office 11-03 50% 7.92 7311 31.87 X $32.42 = $1.03 Industrial 6.97 50% 7.91 73% 20.14 X $32.42 = $0.65 Per Vehicle Streets Level Of Service and Capital lasts Mile Traveled Col lector Casts $98.40 GROSS CAPITAL COST $9940 Collector Street Facilities-Residential Development Fee Schedule VMT= FAI falC 101 [A]x 6 ..ICIx D weekday Trip Rote Avg Miles Trip Length Cost cnDkconr Campanent Vehicle Adjustment per Veh Trip Weighting Per Avo-ed Devebpme"t Trip Ends' Factors' on System' Factors' VMT VMT Fee Unit rvpe Sin le Unit 5.60 64% 2,39 121% 10.37 X $9840 = 1,020 Sin 1e Un it-Manufactured 449 64% Z.39 121% 8.32 X $9840 = $818 2•Unit 1 440 1 64% 2.39 121% 8.15 [1]Current Fee established in 2012 was for5ingle Familyand Manufactured Nome. The average of both is entered here Collector Street Facilities-Nonresidential Development Fee Schedule Weekday Trip Rate Aug Miles Trip Length Cost caleeWtomp®mnt Vehicle Adjustment per Veh Trip Weighting Per Prepared DeveJep-Fee Trip Ends' Factors' an Sys tem' Factrs o ' VMT VMf F ffjX(iJ'/1,000 rrr Commercial 42.70 33% 2.39 66% 22.23 X $98.40 = $2.10 Office 1103 50% 2.39 73% 9,62 X 598.40 = $0.94 industrial 6,97 50% 1 2.39 73% 6.Oa x 59840 = .59 Page 33 of 45 Per Vehicle Streets Level Of Service and Capital Costs Mile Traveled Signalized Intersection Costs $4.89 GROSS A4RTAL COST $4.89 Signalized Intersection Street Facilities-Residentioi Development Fee Schedule VMT= !AI 161 C 101 Al x[B]x ICl x[DI Weekday Trip Rate Avg Miles Trip Length Cost Arterial Component Vehicle Adjustment per Veh.Trip Weighting Per Propasedoevelormem Trip Ends" Factors' on System' Factors VW VMT Fee Unit Type Sin le Unit 5.60 64% 10.32 121% 44.76 x $4-89 = $219 Single Unit-Manufactured 4.49 64% 10.3 1121% 35.91 X $4.99 = $175 2-Unit 4.40 64% 10.32 121% 35.17 % $4.69 = $171 [I)Current Fee established in 2012 was for Single Fa milyand Manufactured Home. The average of both is entered here. 5ignaized Intersection Street Facilities-IVonresidentlal0evela ment Fee Schedule Weekday Trip Rate Avg Miles Trip Length aJ Arterial Component Vehicle Adjustment per Veh.Trip Weighting PraposMOevefopmeMFee Tri Ends" Factors• am5 stem' Factors' YMT E (fjX(Fj/1,t7a9 rir Commercial 42.70 33% 10.32 66% 95.99 x $4.89 $0-46 Office 11.03 50% 10.32 73% 41.55 x $4.g9 = $0.20 Industrial 1 6.97 50% 10.32 73%T 215.26 x $4.69 $0.12 Where: FEE = VMT X Net cost per VMT VMT = Average Weekday Trip Ends X Adjustment Factor X Average Miles per System Trip X Trip Length Weighting Factors Weekday Trip = vehicle trips per 1, 000 sq. ft . of Ends per 1, 000 nonresidential development as defined in Sq. Ft. the ITE Manual Trip Adjustment = percentage of all trip ends that Factor represent destination trips as defined in the ITE Manual Average Miles = 7 . 95 for Minor Arterials, 2 . 39 for per System Trip Collectors, and 10 . 32 for the Street Facilities system, unless the Applicant provides convincing evidence that another factor is more appropriate for the proposed development Trip Length = average trip length ratio by land use Weighting Factor type as defined in the National Household Travel Survey Net Cost per = $32 . 42 for Minor Arterials, $98 . 40 for VMT Collectors, and $4 . 89 for Signalized Intersections, unless the Applicant provides convincing evidence that another net cost factor is more appropriate for the proposed development Page 34 of 45 7-2-3 USE OF STREET FACILITIES DEVELOPMENT FEES . (A) The revenues from Street Facilities development fees collected within the service area and accrued interest on such revenues shall be used to finance project costs of qualifying major Street Facilities improvements, as determined by the City Council, provided that the improvements are shown in the approved Infrastructure Improvements Plan as described in Section 7-1-10 of this Chapter, and are located within the same Service Area. (B) Qualifying Street Facilities are limited to improvements to the City' s major roadway system. The City' s major roadway system consists of all City- maintained roadways or portions thereof that are classified as collectors or arterials by the City' s adopted Street Classification Plan on file within the Public Works Department . (C) Qualifying improvement costs include project engineering costs; the construction cost of improvement, including but not limited to street travel lanes, public pedestrian and bicycle pathways, turning lanes, lighting, signalization, signage and landscaping improvements that are required for the roadway improvement to function effectively; and the principal, interest and other financing costs of bonds, notes or other obligations issued by or on behalf of the City to finance qualified improvements. Such revenues may also fund the cost of consultants used in updating the Street Facilities portion of the Capital Improvements Program and in updating the Street Facilities development fee computations . (D) Monies collected as Street Facilities development fees shall not be used to pay for any of the following: (1 ) Construction, acquisition or expansion of public facilities other than qualifying Street Facilities improvements; (2) Retirement of debt incurred for Street Facilities constructed prior to March 1, 1997 ; (3) Street Facilities improvements, such as acceleration or deceleration lanes, that Page 35 of 45 primarily serve, or are needed to mitigate the impacts of an individual development; (4 ) Repair, operation or maintenance of existing streets; (5) City personnel and consultants hired for purposes other than those expressly permitted under Subsections (A) and (B) above; (6) Streets and related transportation improvements that are within or adjacent to, and intended to serve only, a specific development such as a new residential subdivision; or (7) Acquisition of land or rights-of-way. Land costs are not included in the Street Facilities development fee calculations and no development fee funds shall be expended on right-of-way acquisition, nor shall Offsets against Street Facilities development fees be provided for dedication of rights-of-way. ARTICLE 7-3 . POLICE FACILITIES DEVELOPMENT FEES 7-3-1 POLICE FACILITIES DEVELOPMENT FEE SCHEDULE . (A) Police Facilities development fees shall be paid in accordance with Appendix 7-A at the conclusion of Chapter 7 . 7-3-2 INDIVIDUAL ASSESSMENTS OF POLICE FACILITIES DEVELOPMENT FEES . (A) The Police Facilities development fee may be calculated based upon individual assessment. An individual assessment shall be at the cost of the Applicant and shall be performed by a qualified professional as approved by the Development Fee Administrator. (B) The individual assessment shall include, without limitation, the data sources and calculations used to derive the ratio of Service Unit to Land Use for the type of proposed development. The Police Facilities development fee per development unit shall be calculated according to the following formula: Page 36 of 45 Police facilities Residential Level Of Service and Capital Costs Per Person Vehicle Costs $63.06 Communications Equipment Costs $23.86 IlPand Development Fee Study Cost $6.44 GROSS CAPITAL COST $93.36 Revenue Credit 0% $0.00 NET CAPITAL COST $93.36 Police facilities Residential Development fee Schedule Persons per Cost per Development Unit Type Housing Unit[11 Person Fee Single Unit 1.73 X $93.36 = $161 Sin le Unit-Manufactured 1.21 X $93.36 = $113 2+Unit 1.39 X $93.36 = $129 police facilities Nonresidential Level Of Service and Capital Costs Per Nonres Trio Vehicle Costs $7.58 Communications Equipment Costs $2.87 IlPand Development Fee Stud Cost $0.31 GROSS CAPITAL COST $10.76 Revenue Credit 0% $0.00 NET CAPITAL COST $10.76 Police Focilities Nonresidentiol Development Fee Schedule Cost per Development Nonresidential Land Use Vehicle Trips 1 Nonres Tri Fee Commercial 14.09 X $10.76 = $0.15 Office 5.52 X $10.76 - $0.05 Industrial 3.49 X $10.76 = $0.03 [1] Development Fee Land Use Assumptions [2] Current Fee established in 2012 Where : Persons per = the average number of persons per total Housing Unit dwelling units of the proposed housing type Vehicle Trips = Weekday Trip Ends per 1, 000 Sq. Ft . X Trip Adjustment Factor as defined in the ITE Manual Weekday Trip = vehicle trips per 1, 000 sq. ft . of Ends per 1, 000 nonresidential development as defined in Sq. Ft . the ITE Manual Trip = percentage of all trip ends that Adjustment represent destination trips as defined in Factor the ITE Manual Net Cost per - $93 . 36 unless the Applicant provides Page 37 of 45 Person convincing evidence that another net cost factor is more appropriate for the proposed development Net Cost per = $10 . 76 unless the Applicant provides Non- convincing evidence that another net cost Residential factor is more appropriate for the Vehicle Trip proposed development (C) The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in Subsection (B) of this Section. 7-3-3 USE OF POLICE FACILITIES DEVELOPMENT FEES . (A) The revenues from Police Facilities development fees collected within the Service Area and accrued interest on such revenues shall be used to finance project costs of qualifying Police Facilities improvements, as determined by the City Council, provided that the improvements are shown in the approved Infrastructure Improvements Plan as described in Section 7-1-10 of this Chapter, and are located within the same Service Area. (B) Qualifying Police Facilities improvements are limited to capital improvements to the City' s public safety building, acquisition of land for or construction of Police facilities, acquisition of capital equipment required for police operations, or other similar improvements, including the principal, interest and other financing costs of bonds, notes or other obligations issued by or on behalf of the City to finance qualified improvements . Such revenues may also fund the cost of consultants used in updating the Police Facilities portion of the Capital Improvements Program and in updating the Police Facilities development fee computations . (C) Monies collected as Police Facilities development fees shall not be used to pay for any of the following: (1) Construction, acquisition or expansion of public facilities other than qualifying Police Facilities improvements; (2) Retirement of debt incurred for Police Facilities constructed prior to March 1, 1997; Page 38 of 45 ( 3) Repair, operation, maintenance or replacement of existing Police Facilities or capital equipment; and (4) City personnel and consultants hired for purposes other than those expressly permitted under Subsections (A) and (B) above . ARTICLE 7-4 . PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEES 7-4-1 PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEE SCHEDULE. (A) Parks and Recreational Facilities development fees shall be paid in accordance with Appendix 7-A at the conclusion of Chapter 7 . 7-4-2 INDIVIDUAL ASSESSMENTS OF PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEES . (A) The Parks and Recreational Facilities development fee may be calculated based upon individual assessment . An individual assessment shall be at the cost of the Applicant and shall be performed by a qualified professional as approved by the Development Fee Administrator. (B) The individual assessment shall include, without limitation, the data sources and calculations used to derive the ratio of Service Unit to Land Use for the type of proposed development . The Parks and Recreational Facilities development fee per development unit shall be calculated according to the following formula: Page 39 of 45 Parks and Recreational Facilities Level Of Service and Infrastructure Costs Per Person Parkland Cost Developed Parks $594.31 Park Improvements Cost Developed Parks $204.32 Recreation Facility Cost $40.24 Multi-Use Trails Cost $198 IIP and Develo ment Fee Stud Cost: $7.28 GROSS CAPITAL COST $848.13 Revenue Credit 0% $0.00 NET CAPITAL COST $849.13 Parks and Recreational Facilities Development Fee Schedule Persons per Cost per Development Unit Type Housina Unit 111 Person Fee Single Unit 1.73 X $848.13 - $1,466 Single Unit- Manufactured 1.21 X $848.13 = $1,0 11 27 2+Unit 1.39 X $848.13 = $1,174 [11 Development Fee Land Use Assumptions [21 Current Fee established in 2012 Parks and Recreational Facilities Level Of Service and Infrastructure Costs PPrrlob Parkland Cost Developed Parks $364,28 Park Improvements Cost Developed Parks $125.24 Recreation FaciIityCost $2467 Multi-Use Trails Cost $1,22 I]Pand Development Fee Study Cost: $1.71 GROSS CAPITAL COST $517.12 Revenue Credit 0% $0.00 NET CAPITAL COST $S17.12 Parks and Recreational Facilities Development Fee Schedule Cost per Development Nonresidential Land Use lobs(3 lob Fee irr Commercial 2.00 X $517.12 = $1.03 Office 3.32 X $517.12 = $1.71 Industrial 2.31 X $517.12 = $1.19 131 Triv Generation. Institute of Transportation Engineers,9th Edition (2012). [41 Cityof Apache Junction does not currentlyassess Parks and Recreational Facilities developmentfees on nonresidential development. Where: Persons per = the average number of persons per total Housing Unit dwelling units of the proposed housing type Jobs - Employment per 1, 000 Sq. Ft . as defined in the ITE Manual Net Cost per = $848 . 13 unless the Applicant provides Person convincing evidence that another net cost factor is more appropriate for the Page 40 of 45 proposed development Net Cost per = $517 . 12 unless the Applicant provides Job convincing evidence that another net cost factor is more appropriate for the proposed development (C) The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in Subsection (B) of this Section. 7-4-3 USE OF PARK AND RECREATIONAL FACILITIES DEVELOPMENT FEES. (A) The revenues from Parks and Recreational Facilities development fees collected within the Service Area and accrued interest on the revenues shall be used to finance project costs of qualifying Parks and Recreational Facilities improvements, as determined by the City Council, provided that the improvements are shown in the approved Infrastructure Improvements Plan as described in Section 7-1-10 of this Chapter, and are located within the same Service Area. (B) Qualifying Parks and Recreational Facilities improvements are limited to park site development costs, including grading, utilities, landscaping, lighting, fencing, signage and construction of parking facilities; acquisition, construction and installation of Parks and Recreational Facilities and equipment; or other similar improvements, including the principal, interest and other financing costs of bonds, notes or other obligations issued by, or on behalf of, the City to finance qualified improvements . Such revenues may also fund the cost of consultants used in updating the Parks and Recreational Facilities portion of the Capital Improvements Program and in updating the Parks and Recreational Facilities development fee computations . (C) Monies collected as Parks and Recreational Facilities development fees shall not be used to pay for any of the following: Page 41 of 45 r (1 ) Construction, acquisition or expansion of public facilities other than qualifying Parks and Recreational Facilities improvements; (2) Retirement of debt incurred for Parks and Recreational Facilities constructed prior to March 1, 1997; (3) Repair, operation, maintenance or replacement of existing Parks and Recreational Facilities or capital equipment; and (4 ) City personnel and consultants hired for purposes other than those expressly permitted under Subsections (A) and (B) above. ARTICLE 7-5 . LIBRARY FACILITIES DEVELOPMENT FEES 7-5-1 LIBRARY FACILITIES DEVELOPMENT FEE SCHEDULE. (A) Library Facilities development fees shall be paid in accordance with Appendix 7-A at the conclusion of Chapter 7 . 7-5-2 INDIVIDUAL ASSESSMENTS OF LIBRARY FACILITIES DEVELOPMENT FEES. (A) The Library Facilities development fee may be calculated based upon individual assessment . An individual assessment shall be at the cost of the Applicant and shall be performed by a qualified professional as approved by the Development Fee Administrator. (B) The individual assessment shall include, without limitation, the data sources and calculations used to derive the ratio of Service Unit to Land Use for the type of proposed development . The development fee per development unit shall be calculated according to the following formula : Page 42 of 45 Library Facilities Level of Service and Infrastructure Costs Per Person Library Fa ci I i ti e s $534.90 IlP and Development Fee5tud Cost $5.29 GROSS CAPITAL COST $S40.19 Revenue Credit 0% $0.00 NET CAPITAL COST $S40.19 Library Facilities Oevela ment Fee Schedule Persons per Cost per Development Unit Type Housing Unit[11 Person Fee Single Unit I.73 X $540.19 = $934 Single Unit-Manufactured 1.21 X $540.19 = $654 2+ Units 1.39 X $540.19 = $748 [1) Development Fee Land Use Assumptions [2)Current Fee established in 2012 Library Facilities Level of Service and Infrastructure Costs Per Job Library Facilities $151.93 I1Pand Development Fee Study Cost $1.24 GROSS CAPITAL COST $IS3.17 Revenue Credit 0% $0.00 NET CAPITAL COST $153.17 Library Facilities Nonresidential Development Fee Schedule Cost per Development Nonresidential Land Use Jobs[31 Job Fee !!f Commercial 2.00 X $153.17 = $0.30 Office 3,32 X $153.17 = $0.50 Industrial 2.31 X $153.17 $0.35 131 Trio Generation Institute of Transportation Engineers,9th Edition (2012). [4)Cityof Apache Junction does not currentlyassess Library Facilities development fees on nonresidential development. Where: Persons per = the average number of persons per total Housing Unit dwelling units of the proposed housing type Jobs = Employment per 1, 000 Sq. Ft . as defined in the ITE Manual Net Cost per = $540 . 19 unless the Applicant provides Person convincing evidence that another net cost factor is more appropriate for the proposed development Net Cost per I = $153 . 17 unless the Applicant provides Page 43 of 45 Job convincing evidence that another net cost factor is more appropriate for the proposed development (C) The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in Subsections (A) and (B) of this Section. 7-5-3 USE OF LIBRARY FACILITIES DEVELOPMENT FEES . (A) The revenues from Library Facilities development fees collected within the Service Area and accrued interest on such revenues shall be used to finance project costs of qualifying Library Facilities improvements, as determined by the City Council, provided that the improvements are shown in the approved Infrastructure Improvements Plan as described in Section 7-1-10 of this Chapter, and are located within the same Service Area . (B) Qualifying Library Facilities improvements are limited to acquisition of library sites; library site development costs, including grading, utilities, landscaping, lighting, fencing, signage and construction of parking facilities; acquisition, construction and installation of Library Facilities and equipment; or other similar improvements, including the principal, interest and other financing costs of bonds, notes or other obligations issued by or on behalf of the City to finance qualified improvements . The revenues may also fund the cost of consultants used in updating the Library Facilities portion of the Capital Improvements Program and in updating the Library Facilities development fee computations . (C) Monies collected as Library Facilities development fees shall not be used to pay for any of the following: (1 ) Construction, acquisition or expansion of public facilities other than qualifying Library Facilities improvements; (2) Retirement of debt incurred for Library Facilities constructed prior to March 1, 1997 ; Page 44 of 45 (3) Repair, operation, maintenance or replacement of existing Library Facilities or capital equipment; and (4 ) City personnel and consultants hired for purposes other than those expressly permitted under Subsections (A) and (B) above. APPENDIX 7—A. DEVELOPMENT FEE SCHEDULE parks Police Streets Devela`potae'nt Fee I G&mV J Recreation Residential Single Unit $934 $1,466 $161 $2,364 $4,925 Single Unit-Manufactured Homes $654 $1,027 $113 $1,895 $3,689 2+Unit $748 $1,174 $129 $1,856 $3,907 Nonresidential Commercial $0.30 $1.03 $0.15 $5.04 $6.52 Office $0.50 $1.71 $0.05 $2.18 $4.44 Industrial $0.35 $1.19 $0.03 $136 $2.93 Page 45 of 45 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 15. '+'Piz File ID: 14-237 Sponsor: Kathy Connelly Agenda Date: 5/20/2014 Index: In Control: City Council Meeting Council direction to staff on changes to Apache Junction City Code, Volume I, Chapter 3, Administration, to establish uniform language to allow the city manager to have sole discretion in removing department heads without city council ratification. Current city code language is inconsistent in the appointment and removal process for department head positions. Council may direct staff to amend the code and establish consistency. Discussion and direction to staff. 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. 16. '+'Piz File ID: 14-255 Sponsor: Kathy Connelly Agenda Date: 5/20/2014 Index: In Control: City Council Meeting Council direction to staff on changes to Apache Junction City Code, Volume I, Chapter 3, Administration, Article 3-1 City Manager, Section 3-1-8 Powers and Duties. This code section mandates the city manager(1) make recommendations to the council on ordinances and (2) make recommendations on all agenda items. Council may wish to revise this to make it permissive rather than required. Discussion and direction to staff. City of Apache Junction,Arizona Page 1 Printed on 611512026 ALP Page 1 of 36 Search Apache Junction,AZ Code of Ordinances $E8fC11 CHAPTER 3:ADMINISTRATION Choose search farm oCHAPTER 3: ADMINISTRATION Links. Go to . . Article Document 3-1. CITY MANAGER Prev Doc 3-2. DEPARTMENT OF CITY CLERK Next Doc Table of Contents 3-3. DEPARTMENT OF FINANCE Sync TOC 3-4. [RESERVED] Standard Code View 3-5. DEPARTMENT OF PUBLIC WORKS 3-6. DEPARTMENT OF PUBLIC SAFETY 3-7. PROCUREMENT PROCEDURE [RESERVED] 3-9. DEPARTMENT OF DEVELOPMENT SERVICES 3-10. PERSONNEL SYSTEM 3-11. DEPARTMENT OF THE LIBRARY 3-12. [RESERVED] 3-13. DEPARTMENT OF PARKS AND RECREATION 3-14. PROPERTY DISPOSITION l"IARTICLE 3-1 : CITY MANAGER Section 3-1-1 Definitions -1-2 Office of City Manager created -1-3 Residence 3-1-4 Eligibility 3-1-5 Bond -1-6 Acting City Manager 3-1-7 Compensation -1-8 Power and duties http://www.amlegal.com/nxt/gateway.dii/Arizona/apachej uDctioD_az/chapter3 admi ni stratt'o... 5/8/2014 ALP Page 2 of 36 3-1-9 Internal relations 3-1-10 Removal procedures -1-1 1 Agreements on employment Q§ 3-1-1 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. MANAGER. The City Manager of the City of Apache Junction, Arizona. RATIFICATION. By the Council, is required under this chapter, it shall be effected only by a majority vote of the 7-member Council, as then constituted, convened in a regular or special Council meeting. (Prior Code, § 3-1-1) G1§ 3-1-2 OFFICE OF CITY MANAGER CREATED. The Office of the City Manager of the City of Apache Junction is hereby created and established. The City Manager shall be appointed by the Council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold office for and at the pleasure of the Council, subject to any agreements on employment entered into pursuant to Vol. 1, § ;-1-1 1. (Prior Code, § 3-1-2) I § 3-1-3 RESIDENCE. Residence in the city at the time of appointment of a City Manager shall not be required as a condition of the appointment, but within 120 days after reporting for work the City Manager must become a resident of the city unless the Council approves his or her residence outside the city. (Prior Code, § 3-1-3) l)§ 3-1-4 ELIGIBILITY. No member of the Council shall be eligible for appointment as City Manager until 1 year has elapsed after the Council member shall have ceased to be a member of the Council. (Prior Code, § 3-1-4) http://www.amlegal.com/nxt/gateway.dll/Arizona/apachejunction_az/chapter3 administratio... 5/8/2014 ALP Page 3 of 36 J§ 3-1-5 BOND. The City Manager shall furnish a corporate surety bond to be approved by the Council in such sum as may be determined by the Council, and shall be conditioned upon the faithful performance of the duties imposed upon the City Manager as herein described. Any premium for such bond shall be a proper charge against the city. (Prior Code, § 3-1-5) § 3-1-6 ACTING CITY MANAGER. (A) In the event of the absence or disability of the City Manager, the powers and duties of that office shall fall upon such person as the City Manager shall designate. (B) In the event of a vacancy in the Office of City Manager such as that created by termination, resignation or death, the Council may assign the powers and duties of the office of City Manager to another person until such time that the City Manager shall be replaced. If such circumstances occur, the Council shall be obligated to immediately commence proceedings to seek a permanent replacement for the City Manager. (Prior Code, § 3-1-6) § 3-1-7 COMPENSATION. (A) The City Manager shall receive such compensation as the Council shall from time to time determine. In addition,the City Manager shall be reimbursed for all actual and necessary expenses incurred by him or her in the performance of his or her official duties. (B) Upon termination of the City Manager by reason of involuntary removal from office for other than willful misconduct in office or conviction of a felony offense, the City Manager shall receive payment for all accrued regular working hours, all accrued vacation hours and such severance pay as established by contract. (Prior Code, § 3-1-7) J§3-1-8 POWERS AND DUTIES. The City Manager shall be the administrative head of the government of the city under the direction and control of the Council. He or she shall be responsible for the administration of all affairs of http://www,amlegal.com/nxt/gateway,dll/Arizona/apachejunction_az/chapter3 administratio... 519/2014 ALP Page 4 of 36 the city which are under his or her control. In addition to his or her general powers as administrative head, it shall be his or her duty and he or she shall have the powers set forth in the following divisions. (A) Law enforcement. It shall be the duty of the City Manager to see that all laws and ordinances of the city, and that all franchises, contracts, permits and privileges granted by the Council are faithfully observed and to report any failure in that regard to the Council, which shall give such instruction and direction as it may desire for remedial, corrective or terminating action by the City Manager. (B) Authority over employees. It shall be the duty of the City Manager, and he or she shall have the sole authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his or her jurisdiction through their department heads. (C) Power ofappointment and removal. Subject to the exceptions expressly provided by this chapter, it shall be the duty of the City Manager to appoint, remove, promote and demote any and all officers and employees of the city. As to these officials,the City Manager shall recommend appointment and removal. All department heads shall be appointed subject to ratification by the Council, including the Director of Public Works, Director of Development Services, Director of Public Safety, City Clerk, and Finance Director. All such actions of the City Manager shall be subject to all applicable personnel ordinances, rules and regulations and statutes of the State of Arizona. The Magistrate, City Attorney and members of the boards, commissions and committees, shall be appointed by the Council and are not within the City Manager's power or jurisdiction as noted above. (D) Ordinances. It shall be the dut recommend tote ounce or tion such me ordinances as he o Lsbr ecessar , (E) Attendance at Council meetings. It shall be the duty of the City Manager to attend all meetings of the Council unless he or she is excused therefrom by the Mayor individually or by the Council, except when his or her removal is under consideration. He or she shall ,,present definite recommendations relative to each for ap royal ction or modification by the Counc 1. (F) Financial reports. It shall be the duty of the City Manager to keep the Council fully advised as to the needs of the city in such form and at such times as requested by the Council. (G) Budget. It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the Council for its approval. (H) Expenditure control and purchasing. It shall be the duty of the City Manager to see that no indebtedness is incurred or expenditure http://vvi vw.amlegal.com/nxt/gateway.dl]/Arizona/apacliej uncti on_az/chapter3admini strati o,.. 5/8./2014 ALP Page 5 of 36 made in violation of the Arizona Constitution and the state budget law. (I) Investigations and complaints. It shall be the duty of the City Manager to make investigations into the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligations of the city and to report all findings to the Council. Further, it shall be the duty of the City Manager to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city and report all findings to the Council. (Prior Code, § 3-1-8) 0§ 3-1-9 INTERNAL RELATIONS. (A) Council-Manager relations. The Council and its members shall deal with the administrative services of the city only through the City Manager, except for the purpose of inquiry, and neither the Council nor any member thereof, shall give orders or instructions to any employee or officer other than the City Manager. The City Manager shall take his or her orders and instructions from the Council, only when promulgated at a duly convened meeting of the Council, and no individual Council member shall give any orders or instructions to the City Manager except for purpose of inquiry. (B) Attendance at Commission meetings. The City Manager may attend any and all meetings of all commissions, boards or committees created by the Council, upon his or her own volition or upon direction of the Council. At such meetings which the City Manager attends, he or she shall be heard by such commissions, boards or committees as to all matters upon which he or she wishes to address the members thereof, and he or she shall inform those members as to the status of any matter being considered by the Council, and he or she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the Council. (Prior Code, § 3-1-9) 0§ 3-1-10 REMOVAL PROCEDURES. (A) Removal of City Manager. The removal of the City Manager shall be affected only by a majority vote (4 or more) of the 7-member Council convened at a regular Council meeting or special Council meeting called for that purpose. (B) Suspension. After furnishing the City Manager with written notice of removal, the Council may suspend the City Manager from hap:;/wwiv.am legal.corm'nxUgate way,dlllArizonalapachejunction_az1chapter3admini strati o... 5,18;2014 ALP Page 6 of 36 duty, but the City Manager's compensation shall continue until the effective date of his or her termination. (C) Notice of removal. The City Manager shall be furnished with written notice stating the removal action of the Council. The City Manager then may request within a 7-day period following delivery of the written notice detailed reasons for the intended removal. The Council may provide written detailed reasons for the removal which shall be provided the City Manager within 7 days after receipt of such request from the City Manager. (D) Hearing. Within 7 days after the delivery to the City Manager of the notice of removal, the City Manager may, by written notification to the City Clerk, request a public hearing before the Council. Thereafter, the Council may fix a time for the hearing which shall be held at its usual place, but before the expiration of the 30-day period at which the City Manager shall appear and be heard with or without counsel. (E) Discretion of Council. The Council shall act at its discretion and its action is not dependent upon providing the City Manager a hearing and should a hearing be held, its action shall not depend upon any particular showing or degree of proof at the hearing. (F) Resignation of City Manager. The City Manager shall provide the Council with 30 days written notice of intention to resign his or her position. The City Manager shall assist the Council in the recruitment and selection of a replacement, if requested by the Council. In the event of resignation due to health reasons, the period of written notice shall be determined in conference between the City Manager and the Council. (Prior Code, § 3-1-10) 0§ 3-1-11 AGREEMENTS ON EMPLOYMENT. Nothing in this article shall be construed as a limitation on the power or authority of the Council to enter into any supplemental agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provisions of this article or of state statutes. (Prior Code, § 3-1-11) JARTICLE 3-2: DEPARTMENT OF CITY CLERK section http://www.amlegal.com/nxt/gateway.dil/Arizona/apachej unctio n_az/chapter3 administratio... 5/8/2014 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 17. Piz File ID: 14-70 Sponsor: Bryant Powell Agenda Date: 5/20/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, June 2, 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. 18. Piz File ID: 14-71 Sponsor: Bryant Powell Agenda Date: 5/20/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. for Tuesday, June 3, 2014. Other meetings if necessary. City of Apache Junction,Arizona Page 1 Printed on 611512026