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HomeMy WebLinkAbout2014 06.17 City Council Regular Agenda 04 �,?ACHf� 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,June 17,2014 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. 14-296 Acceptance of agenda. Consideration and action. Sponsors: Kathy Connelly 2. 14-297 Approval of minutes of regular meeting of June 3, 2014. Consideration and action. Sponsors: Kathy Connelly Attachments: ccmin 060314 signed June 3, 2014 minutes 3. 14-300 Consideration of professional services agreement with Buxton for a retail expansion, recruitment, and visitor impact analysis in an amount not to exceed $60,000.00. Consideration and action. Sponsors: Janine Solley Attachments: Staff Memo Buxton Recommendation for Approval PSA Buxton 2014 City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Meeting Agenda June 17,2014 4. 14-309 Consideration of proposed Resolution No. 14-32, authorizing the city to approve Amendment No. 2 to the Intergovernmental Agreement with Arizona Department of Transportation for Highway Safety Improvement Program grant funds for the construction of an intersection safety improvement project at the intersection of Idaho Road (SR 88)and Old West Highway. Consideration and action. Sponsors: Emile Schmid Attachments: Res 14-32 Memo to council.pdf Resolution No 14-32 IGA-2 Combined.pdf Signed Resolution No. 14-32 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. 5. 14-314 Presentation of award by the Apache Junction Drug Prevention Coalition to the Apache Junction Police Department for a reduction in drug-related crimes for the period of 2008-2012. Presentation. Sponsors: Christa Rizzi 6. 14-157 Presentation and discussion by city and Resolution Copper staff on the Resolution Copper Project. Presentation and discussion. Sponsors: Matt Busby F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 7. 14-55 City manager's report. Presentation. Sponsors: Bryant Powell 8. 14-294 Presentation by Bryce Milkey, the 2014 Apache Junction High School student body president who will share his speech from Apache Junction High School's May 22, 2014 graduation ceremony. Presentation. Sponsors: Bryant Powell City of Apache Junction,Arizona Page 2 Printed on 6/15/2026 City Council Meeting Agenda June 17,2014 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. 9. 14-295 Proposed third amendment to economic development agreement between City of Apache Junction and Mehmood Mohiuddin, owner of the Hitching Post. City staff and Ralph Pew(attorney for Mehmood Mohiuddin)will make a presentation. Presentation, discussion, and consideration. Sponsors: Joel Stern Attachments: Hitching Post Memo and Agreement Response from Hitching Post 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. 10. 14-299 Presentation, discussion, and possible approval of the Fiscal Year 2014-2015 City Council Legislative Work Plan. Consideration and action. Sponsors: Matt Busby Attachments: Legislative Work Plan FY 14-15, 6.17.14 K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 11. 14-74 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, June 30, 2014. Sponsors: Bryant Powell City of Apache Junction,Arizona Page 3 Printed on 611512026 City Council Meeting Agenda June 17,2014 12. 14-75 Executive Session at 5:45 P.M. for Tuesday, July 1, 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. 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 4 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: 14-296 Sponsor: Kathy Connelly Agenda Date: 6/17/2014 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: 14-297 Sponsor: Kathy Connelly Agenda Date: 6/17/2014 Index: In Control: City Council Meeting Approval of minutes of regular meeting of June 3, 2014. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 CITY COUNCIL REGULAR MEETING JUNE 3, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on June 3, 2014, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy 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 Assistant to the City Manager Matt Busby Others Present: Program Resource Manager Roger Hacker REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 1 OF 10 ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS The presentation of award by the Apache Junction Drug Prevention Coalition has been rescheduled to the meeting of June 17, 2014 . ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced he and the mayor attended a Memorial Day ceremony at Mountain View Cemetery attended by 200- 300 people . Apache Junction was well represented with all of the veterans' posts, the Mounted Rangers and posts from Mesa. After the ceremony they were thanked for Apache Junction having elected officials there . Mesa was invited but did not even respond. Councilmember Waldron announced he and the mayor attended the Arizona Department of Transportation meeting on Wednesday on the widening of US 60 from Crismon to Ironwood. They also talked about the half diamond construction at Meridian. They will start construction this fall . Councilmember Serdy announced the signs are up around the Focal Point to direct people to the historic Dons Monument. Councilmember Serdy announced it is safe to go back to Walmart as they have resurfaced the parking lot. Mayor Insalaco announced Randall' s Towing was recognized as one of the top 500 tow companies in the United States by the American Towmen' s Association. CITY MANAGER' S REPORT REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 2 OF 10 Assistant City Manager Bryant Powell read a letter from a resident thanking the city for repaving Buena Vista near Apache Villa and requesting they look at paving Delaware. PUBLIC HEARINGS SAMPLING PRIVILEGES TO ACTIVE BEER AND WINE STORE, SERIES 10 LICENSE FOR AJ' S MINI MART ) ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . The applicant was not in attendance. He then 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. Vice Mayor Barker stated she had a question if anyone could answer. As the applicant is not here, it makes it a little difficult. She was curious as to what the sampling privileges entail . Councilmember Serdy commented Desert Liquors had this and the council approved it. It got quite successful, leading them to buy the Cactus Club and start Handlebars . There was so much demand and there was no problem with it. Vice Mayor Barker commented she does not see a problem with it; she was just asking a question of exactly what this entails . They are talking about a mini mart. She asked if they would be thinking about setting up a table and serving a taste of things or are they talking about setting up on a specific night of the week. Those are the curiosities she has . Councilmember Serdy commented going on what Desert Liquors did, they did have a table. If they were selling a particular wine they would have one open and there would be little samples . They also had little pieces of cheese setting out. Rather than buy the whole thing and be disappointed, one could sample and taste it. It is kind of like REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 3 OF 10 open containers . They could not go outside; they had to have it right in that little area. Mayor Insalaco stated that was quite a while ago when they passed that. Vice Mayor Barker stated it was . She was just curious . Councilmember Waldron commented it is a little disappointing if the applicant is not here. Vice Mayor Barker agreed, adding he could have told her exactly how he planned to set this up. She would have liked to have heard that. Councilmember Waldron commented it must not be that important to him. Councilmember Evans asked if it was a communion size or a giant size. Vice Mayor Barker commented and how many times can they go the table is her next question. Councilmember Evans agreed. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker MOVED THAT THE APPLICATION FOR SAMPLING PRIVILEGES TO ACTIVE BEER AND WINE STORE, SERIES 10 LIQUOR LICENSE FOR AJ' S MINI MART, SUBMITTED BY RANDY NATIONS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. VOTE: 6-1 (Councilmember Waldron voted in opposition) . REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 4 OF 10 During the vote Councilmember Evans commented she did not like it but they passed the law that they can do it, so she voted yes . During the vote Councilmember Wilson commented he agreed with what Mrs . Evans said, but yes . The motion carried. OLD BUSINESS None . NEW BUSINESS None . DIRECTION TO STAFF PROPOSED GUIDELINES FOR CITY' S CORPORATE PARTNERSHIP PROGRAM AND PROPOSED ADVERTISING ON CITY VEHICLES ) Program Resource Manager Roger Hacker briefed the council on the item. Mayor Insalaco called for any comments . There were none. Program Resource Manager Roger Hacker asked if they would like this brought back to be approved by a motion or some other means . Mayor Insalaco commented he would like more information on how this is going to go. Councilmember Waldron commented he would like to see some examples, specific examples, of the type of signs there would be on the vehicles . And the wording. REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 5 OF 10 Program Resource Manager Roger Hacker stated he wanted to clarify this is for the entire partnership program, not just for the vehicular. Mayor Insalaco and Councilmember Waldron both stated they had misunderstood. Mayor Inasalaco asked what the wishes of the council are . Vice Mayor Barker commented he is saying these guidelines are for anything that deals with corporate sponsorships . Program Resource Manager Roger Hacker stated that is correct. Vice Mayor Barker commented they are talking about, perhaps, the little league fields but it is also inclusive of the possibility of advertising on vehicles . Program Resource Manager Roger Hacker stated that is correct. They looked at other cities and when their councils were presented with these kinds of guidelines they took the next step and formally adopted them. He asked if they would like to do that or whatever direction they would like to go with. Vice Mayor Barker asked when he finds the opportunity for a corporate partnership will that be brought to the council to be accepted if these guidelines are adopted, or because the guidelines are accepted would it not be . Program Resource Manager Roger Hacker stated he would anticipate they would just go ahead. If and when the council adopts these, they will have given staff the marching order and they would move forward from there knowing these five items are what they do not want to see. If that does not work for the council, they can come back and discuss what their preferences are . Vice Mayor Barker commented she wanted to clarify this so she understands this one hundred REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 6 OF 10 per cent. He is saying if they make a motion directing staff to implement these guidelines, at that point the council would probably not see anything else except maybe be told it was happening. Program Resource Manager Roger Hacker stated that is correct. If they were to get something that falls outside these guidelines, they would obviously have to come back and discuss it with the council . Mayor Insalaco asked the council members if they were now clear. The consensus was they were. Program Resource Manager Roger Hacker stated now he is not sure. He asked if this would be coming back to the council to be adopted by a motion, or does he have his marching orders or how they would like this handled. City Attorney Joel Stern stated it is up for direction to staff tonight. If they want to approve it, it would have to be brought back for approval . It can be done by motion. It does not have to be a resolution. City Clerk Kathleen Connelly stated the direction could also be to just proceed and implement. City Attorney Joel Stern stated they could do that, too. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PROPOSED GUIDELINES FOR CITY' S CORPORATE PARTNERSHIP PROGRAM AND PROPOSED ADVERTISING ON CITY VEHICLES : THAT THEY IMPLEMENT THE PROPOSED GUIDELINES FOR THE CITY' S CORPORATE PARTNERSHIP PROGRAM AND THAT THEY TAKE FURTHER ACTION REGARDING THE PROPOSED ADVERTISING ON CITY VEHICLES . REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 7 OF 10 Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . During the vote Vice Mayor Barker commented she wanted to explain her vote. She is very, very opposed to the use of advertising on a city vehicle. She thinks it is tacky and disrespectful to the city itself. However, she does realize she is in the minority here . Therefore, she wants the guidelines to be set up and be correct and easy to follow so she will vote yes . The motion carried. Program Resource Manager Roger Hacker stated the second part the staff is looking at is Vice Mayor Barker' s favorite . Based on the discussion last evening, staff noted their very specific, if they go ahead with the vehicular advertising, they do not want it on fleet cars, they want to start small, see a pilot project to see how that goes, it is not an endorsement of the product or the company, include a disclaimer, and, as the city clerk identified, this is actual income. He asked if they would like staff to go ahead and work up with these caveats in mind, and work up what an advertising program for the city would look like and come back to the council . Mayor Insalaco commented he would like one thing added to the disclaimer. That it be legible and seen, not hidden down in the small, fine print. Program Resource Manager Roger Hacker commented legible, not like his handwriting from last night' s meeting. Mayor Insalaco commented like Vice Mayor Barker, he is not a happy camper with this at all . Program Resource Manager Roger Hacker stated he is to come back with how this would look to the city. REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 8 OF 10 Mayor Insalaco commented that is correct. Program Resource Manager Roger Hacker thanked the council . 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, JUNE 16, 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, JUNE 17, 2014, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Ms . Tess Nesser, 1511 S . Cactus, Apache Junction, addressed the council regarding a raffle for the Boys and Girls Club for a 2014 Cruze donated by Chapman Chevrolet. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 7 : 18 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of May 20, 2014 . ACCEPTED THIS 17TH DAY OF JUNE, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF JUNE, 2014 . REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 9 OF 10 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 3rd day of June, 2014 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 4th day of June, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 10 OF 10 CITY COUNCIL REGULAR MEETING JUNE 3, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on June 3, 2014, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy 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 Assistant to the City Manager Matt Busby Others Present : Program Resource Manager Roger Hacker REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 1 OF 10 ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS The presentation of award by the Apache Junction Drug Prevention Coalition has been rescheduled to the meeting of June 17 , 2014 . ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced he and the mayor attended a Memorial Day ceremony at Mountain View Cemetery attended by 200- 300 people. Apache Junction was well represented with all of the veterans' posts, the Mounted Rangers and posts from Mesa. After the ceremony they were thanked for Apache Junction having elected officials there. Mesa was invited but did not even respond. Councilmember Waldron announced he and the mayor attended the Arizona Department of Transportation meeting on Wednesday on the widening of US 60 from Crismon to Ironwood. They also talked about the half diamond construction at Meridian. They will start construction this fall . Councilmember Serdy announced the signs are up around the Focal Point to direct people to the historic Dons Monument . Councilmember Serdy announced it is safe to go back to Walmart as they have resurfaced the parking lot . Mayor Insalaco announced Randall' s Towing was recognized as one of the top 500 tow companies in the United States by the American Towmen' s Association. CITY MANAGER' S REPORT REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 2 OF 10 Assistant City Manager Bryant Powell read a letter from a resident thanking the city for repaving Buena Vista near Apache Villa and requesting they look at paving Delaware . PUBLIC HEARINGS SAMPLING PRIVILEGES TO ACTIVE BEER AND WINE STORE, SERIES 10 LICENSE FOR AJ' S MINI MART ) ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . The applicant was not in attendance. He then 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. Vice Mayor Barker stated she had a question if anyone could answer. As the applicant is not here, it makes it a little difficult . She was curious as to what the sampling privileges entail . Coun.cilmember Serdy commented Desert Liquors had this and the council approved it . It got quite successful, leading them to buy the Cactus Club and start Handlebars . There was so much demand and there was no problem with it. Vice Mayor Barker commented she does not see a problem with it; she was just asking a question of exactly what this entails . They are talking about a mini mart . She asked if they would be thinking about setting up a table and serving a taste of things or are they talking about setting up on a specific night of the week. Those are the curiosities she has . Councilmember Serdy commented going on what Desert Liquors did, they did have a table. If they were selling a particular wine they would have one open and there would be little samples . They also had little pieces of cheese setting out . Rather than buy the whole thing and be disappointed, one could sample and taste it . It is kind of like REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 3 OF 10 open containers . They could not go outside; they had to have it right in that little area. Mayor Insalaco stated that was quite a while ago when they passed that . Vice Mayor Barker stated it was. She was just curious . Councilmember Waldron commented it is a little disappointing if the applicant is not here. Vice Mayor Barker agreed, adding he could have told her exactly how he planned to set this up. She would have liked to have heard that . Councilmember Waldron commented it must not be that important to him. Councilmember Evans asked if it was a communion size or a giant size . Vice Mayor Barker commented and how many times can they go the table is her next question. Councilmember Evans agreed. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker MOVED THAT THE APPLICATION FOR SAMPLING PRIVILEGES TO ACTIVE BEER AND WINE STORE, SERIES 10 LIQUOR LICENSE FOR AJ' S MINI MART, SUBMITTED BY RANDY NATIONS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. VOTE: 6-1 (Councilmember Waldron voted in opposition) . REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 4 OF 10 During the vote Councilmember Evans commented she did not like it but they passed the law that they can do it, so she voted yes . During the vote Councilmember Wilson commented he agreed with what Mrs. Evans said, but yes. The motion carried. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF PROPOSED GUIDELINES FOR CITY' S CORPORATE PARTNERSHIP PROGRAM AND PROPOSED ADVERTISING ON CITY VEHICLES ) Program Resource Manager Roger Hacker briefed the council on the item. Mayor Insalaco called for any comments . There were none. Program Resource Manager Roger Hacker asked if they would like this brought back to be approved by a motion or some other means. Mayor Insalaco commented he would like more information on how this is going to go. Councilmember Waldron commented he would like to see some examples, specific examples, of the type of signs there would be on the vehicles . And the wording. REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 5 OF 10 Program Resource Manager Roger Hacker stated he wanted to clarify this is for the entire partnership program, not just for the vehicular. Mayor Insalaco and Councilmember Waldron both stated they had misunderstood. Mayor Inasalaco asked what the wishes of the council are. Vice Mayor Barker commented he is saying these guidelines are for anything that deals with corporate sponsorships. Program Resource Manager Roger Hacker stated that is correct. Vice Mayor Barker commented they are talking about, perhaps, the little league fields but it is also inclusive of the possibility of advertising on vehicles. Program Resource Manager Roger Hacker stated that is correct . They looked at other cities and when their councils were presented with these kinds of guidelines they took the next step and formally adopted them. He asked if they would like to do that or whatever direction they would like to go with. Vice Mayor Barker asked when he finds the opportunity for a corporate partnership will that be brought to the council to be accepted if these guidelines are adopted, or because the guidelines are accepted would it not be. Program Resource Manager Roger Hacker stated he would anticipate they would just go ahead. If and when the council adopts these, they will have given staff the marching order and they would move forward from there knowing these five items are what they do not want to see. If that does not work for the council, they can come back and discuss what their preferences are. Vice Mayor Barker commented she wanted to clarify this so she understands this one hundred REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 6 OF 10 per cent . He is saying if they make a motion directing staff to implement these guidelines, at that point the council would probably not see anything else except maybe be told it was happening. Program Resource Manager Roger Hacker stated that is correct . If they were to get something that falls outside these guidelines, they would obviously have to come back and discuss it with the council . Mayor Insalaco asked the council members if they were now clear. The consensus was they were. Program Resource Manager Roger Hacker stated now he is not sure. He asked if this would be coming back to the council to be adopted by a motion, or does he have his marching orders or how they would like this handled. City Attorney Joel Stern stated it is up for direction to staff tonight. If they want to approve it, it would have to be brought back for approval . It can be done by motion. It does not have to be a resolution. City Clerk Kathleen Connelly stated the direction could also be to just proceed and implement . City Attorney Joel Stern stated they could do that, too. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PROPOSED GUIDELINES FOR CITY' S CORPORATE PARTNERSHIP PROGRAM AND PROPOSED ADVERTISING ON CITY VEHICLES : THAT THEY IMPLEMENT THE PROPOSED GUIDELINES FOR THE CITY' S CORPORATE PARTNERSHIP PROGRAM AND THAT THEY TAKE FURTHER ACTION REGARDING THE PROPOSED ADVERTISING ON CITY VEHICLES. REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 7 OF 10 Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . During the vote Vice Mayor Barker commented she wanted to explain her vote. She is very, very opposed to the use of advertising on a city vehicle. She thinks it is tacky and disrespectful to the city itself. However, she does realize she is in the minority here. Therefore, she wants the guidelines to be set up and be correct and easy to follow so she will vote yes. The motion carried. Program Resource Manager Roger Hacker stated the second part the staff is looking at is Vice Mayor Barker' s favorite. Based on the discussion last evening, staff noted their very specific, if they go ahead with the vehicular advertising, they do not want it on fleet cars, they want to start small, see a pilot project to see how that goes, it is not an endorsement of the product or the company, include a disclaimer, and, as the city clerk identified, this is actual income. He asked if they would like staff to go ahead and work up with these caveats in mind, and work up what an advertising program for the city would look like and come back to the council . Mayor Insalaco commented he would like one thing added to the disclaimer. That it be legible and seen, not hidden down in the small, fine print . Program Resource Manager Roger Hacker commented legible, not like his handwriting from last night' s meeting. Mayor Insalaco commented like Vice Mayor Barker, he is not a happy camper with this at all . Program Resource Manager Roger Hacker stated he is to come back with how this would look to the city. REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 8 OF 10 Mayor Insalaco commented that is correct . Program Resource Manager Roger Hacker thanked the council . 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, JUNE 16, 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, JUNE 17, 2014, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding a raffle for the Boys and Girls Club for a 2014 Cruze donated by Chapman Chevrolet. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 7 : 18 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda . 2. Approval of Minutes of Regular Meeting of May 20, 2014 . ACCEPTED THIS 17TH DAY OF JUNE, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF JUNE, 2014 . REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 9 OF 10 HN S . 17NSALACO ayor 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 3rd day of June, 2014 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 4th day of June, 2014 . KATH`LEEN CONNELLY ' City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 3, 2014 PAGE 10 OF 10 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 3. Piz File ID: 14-300 Sponsor: Janine Solley Agenda Date: 6/17/2014 Index: In Control: City Council Meeting Consideration of professional services agreement with Buxton for a retail expansion, recruitment, and visitor impact analysis in an amount not to exceed $60,000.00. Consideration and action. Staff respectfully requests council approval to enter into a contract with Buxton for a Retail Expansion, Recruitment, and Visitor Impact Analysis in an amount not to exceed $60,000. City of Apache Junction,Arizona Page 1 Printed on 611512026 DATE: June 4, 2014 MEMORANDUM TO: George Hoffman, City Manager MEMORANDUM THROUGH: Bryant Powell, Assistant City Manager Matt Busby, Assistant to the City Manager MEMORANDUM FROM: Janine Solley, Principal Economic Development Specialist SUBJECT: Retail Expansion, Recruitment, and Visitor Impact Analysis Consultant Recommendation In April 2014, staff received direction to release a Request for Qualifications for a Retail Expansion, Recruitment, and Visitor Impact Analysis. On June 2, 2014, staff made a recommendation to council to secure the services of Buxton to complete this work. If this Professional Services Agreement is approved, Buxton will provide services for$60,000 for year one (1) of a three (3) year term. Buxton suggests renewing and refreshing the data during years two (2) and three (3) at a cost of$50,000 per year. However, at any time during this three (3) year term, the City may cancel services for the following year by providing written notice to Buxton at least ninety (90) days in advance of the yearly renewal with no early termination fee assessed to the City. Staff respectfully requests Council approve the Professional Services Agreement with Buxton for a Retail Expansion, Recruitment, and Visitor Impact Analysis. PROFESSIONAL SERVICES AGREEMENT WITH BUXTON FOR RETAIL EXPANSION, RECRUITMENT, AND VISITOR IMPACT ANALYSIS This Agreement is made as of the 17th day of June 2014 (the "Effective Date") by and between THE CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and BUXTON, a Texas corporation ("Consultant"), both of which may be hereinafter referred to collectively as the "Parties", for the project entitled "Retail Expansion, Recruitment, and Visitor Impact Analysis". RECITALS A. City desires to retain a consultant to assist in the community's retail expansion recruitment efforts and understanding of seasonal visitor impacts and opportunities 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 $60,000.00, 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 June 17, 2014 and shall be in effect for three (3) years with services invoiced annually unless otherwise terminated as set forth herein. 1 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish Consultant with all data, information and other supporting services specified 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 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: City of Apache Junction Attn: Janine Solley, Principal Econ Dev Specialist 300 East Superstition Boulevard Apache Junction, AZ 85119 If to Consultant: Buxton Attn: David Glover, CFO 2651 South Polaris Drive Fort Worth, TX 76137 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 for the following year by providing written notice at least ninety (90) days in advance of a yearly renewal. If this Agreement is terminated, City shall be reimbursed from Consultant the amount paid for any undelivered and/or 6 unaccepted products or services. Upon termination, City agrees to pay for all delivered, accepted, and properly invoiced services that were provided up to the announced Termination Date. If City cancels services prior to the expiration of the initial term, there will be no early termination fee assessed. 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 license pursuant to Article 8-2 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement. Consultant also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a privilege license. Any activity by subconsultants within the corporate city limits will invoke the same business and privilege license regulations on any subconsultants, and Consultant ensures its subconsultants will obtain any required licenses. If there are taxable activities, a business license shall be converted to a privilege license by the Consultant and any subconsultants through the City Clerk's Office. 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. 7 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 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. § 41-4401, 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 8 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 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. BUXTON, a Texas corporation By: David Glover Its: Chief Financial Officer CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco Its: Mayor 9 ATTEST: Kathleen Connelly, City Clerk APPROVED AS TO FORM: By: R. Joel Stern, City Attorney STATE OF ) ) ss. County of ) The foregoing was acknowledged before me this day of , 20 , by as of Buxton, a Texas corporation. Notary Public My Commission Expires: (seal) 10 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 SCOPE OF SERVICES Buxton is pleased to present this proposal to Apache Junction,AZ. The purpose of this proposal is to outline and review your community development objectives and how Buxton's solutions will enhance your ability to effectively meet those objectives. Apache Junction,AZ's Objectives 1. Develop profile of residents and visitors 2. Recruit and retain new retailers and restaurants 3. Understand current retail and restaurant economic condition 4. Understand resident and visitor impact on the local economy and determine their media preferences to market your community to potential visitors Retail Recruitment and Retention Solution: Your Community&Visitor Profile Our solution is a total marketing strategy that enables community leaders to understand the consumer profile of their residents and visitors and to leverage the combined total consumer profile to identify specific retailers and restaurants who seek a market with purchasing habits just like yours. This solution provides you with the ability to actively pursue identified retailers, making a compelling case for their expansion to Apache Junction,AZ, utilizing custom marketing packages for each target. You will have access to the same analytical information and insights retailers depend on today to make site selection decisions, providing you with instant credibility and the ability to differentiate your community and project a demographic forecast 5-10 years into the future and its impact on targeted retail recruitment. Research Your Community Buxton uses more than 250 consumer and business databases that are updated regularly to compare your potential sites to the universe of all competing sites operating in the U.S. We define your current retail situation and those in any neighboring communities that impact your retail environment. Define and Evaluate Your Local Trade Area Customers shop by convenience, measuring distance based on time, �. not mileage.We will conduct a custom drive-time analysis to ` f determine your trade area using our proprietary methodology and knowledge of our retail clients' actual trade areas. We evaluate your �� . local trade area to understand the characteristics which make it :" s distinctive and valuable to retailers/restaurants. Your residential drive- time trade area is provided to you as a map that accurately depicts your residential consumer shopping patterns. A 4J 8 Page Burton Profile Your Trade Area's Residential and Visitor Customers You will have insights into more than 7,500 categories of lifestyles, purchase behaviors, and media reading and viewing habits of your residents and visitors. Buxton will develop three (3) unique profiles for your solution: 1. Residential Profile-will analyze all the households in your drive-time trade area. 2. Visitor Profile-will analyze all VISA expenditures for a recent twelve (12) month period where the cardholder's originating address is located outside of your drive-time trade area. Expenditures are consolidated at the ZIP+4 level so as to de-identify individual cardholder information,which provides Buxton with a way to develop an accurate consumer profile of the visitors to your community. 3. Combined Total Community Consumer Profile- Buxton will combine your residential and visitor profile to develop your overall consumer profile which will be used to match retailers and restaurants as fits for your community. We Match Retailers and Restaurants to Your Market's Potential Buxton matches the combined total community consumer profile against the customer profiles of 5,000+ retailers in our proprietary database. We identify the similarity between the two profiles using Buxton's proprietary retail matching algorithm to determine if your site presents an attractive opportunity for each retailer. We then further qualify the list of matched results to verify that a retailer is currently operating or expanding, that they operate in similar sites and that your site affords an adequate buffer from competition and cannibalization, so as to be realistically considered an expansion opportunity. Retail Leakage/Supply Analysis The Retail Leakage/Supply Analysis provides an estimate of retail dollars flowing in or out of the trade area. The two main components of this analysis are: 1) current sales(supply) by retail store type, in dollar amounts, and 2) estimated sales potential (demand) for retail store type, in dollar amounts. We first calculate a sales gap index that illustrates your ability to capture your residents' expenditures. The sales gap index provides a relative comparison of leakage/surplus and an estimate of the dollars that are being spent outside the trade area (leakage) and the amount of dollars coming in from outside the trade area (surplus). Complimentary Retail leakage Analysis Report included in this response. We Create Marketing Packages Buxton will assemble individualized marketing packages for up to twenty(20) targeted retailers and will notify each retailer's key real estate decision maker, by letter that they have been qualified by Buxton as a potential viable fit for your site and should expect to be contacted by a representative of the city. Your marketing packages will be delivered to you in SCOUT and include: 1. Map of the retail site and trade area 2. Map of retailer's potential customers 3. Retailer match report that compares the site's trade area characteristics and consumer profile with the retailer's sites in similar trade areas 9 age Burton Solution Deliverables ■ SCOUT Touch Access ■ Drive-Time Trade Area Map ■ Retail Site Assessment ■ Residential,Visitor, and Combined Profile ■ Retail Match List(specific retailers that match the total community consumer profile) ■ Retailer Specific Marketing Packages (for up to twenty(20) retailers) ■ Hotel Feasibility/Comparison Analysis Executive Summary ■ Mobile tablet device at completion pre-loaded with all findings Multi Year Deliverables:Year 2 &3 of this agreement will include a Retail Recruitment model refresh, retail marketing packages, and full SCOUT and SCOUT Touch. Access and Use Your Retail Recruitment Solution via SCOUT Buxton's Retail Recruitment solution will allow you to actively recruit retailers to your community and support existing businesses with the push of a button in SCOUT Touch, providing you with crucial information about your community,your trade areas,your residents, and much more. SCOUT is a web- based platform which is accessible on any Windows or iOS enabled device with an internet connection and designed to give decision-makers in your community access to the data and solutions that will assist them in making better business decisions. The Retail Recruitment solution includes one (1) mobile tablet device which will be provided at completion and will be pre-loaded with all key findings. This mobile tablet device, possession of Apache Junction,AZ, is enabled with four(4) SCOUT Users with the ability to run demographic and trade area profile reports, and view maps, and other data elements. Identifying and quantifying the key variables which impact your community,you will acquire insights from these findings that will provide you with a strong foundation from which to understand retail recruitment and business retention efforts. In Buxton's SCOUT Touch you will be able to: • Identify Retail Matches • Run Variable Reports • View City Limit Maps • Run Healthcare Reports • Run Demographic& '` I - Consumer Propensity Reports • See Aerial View ` ' • View Physician Intelligence • Run Comparable Reports • Run Retail Leakage/Surplus ANSWERS AT YOUR FINGERTIPS. ANYTIME. ANYWHERE. Reports Next Page: Fees and Timing 101Page Burton EXHIBIT B FEE SCHEDULE • Your SCOUT access will be enabled within ten (10) business days of the execution of this agreement $60,000 • Apache Junction,AZ will have access to retail match lists and marketing packages within sixty(60) business days of execution. Apache Junction,AZ will be invoiced during the three (3)year term of this agreement as follows: • $60,000 Year 1 Fee(50%of total solution fee invoiced upon execution,50%invoiced upon solution delivery) • $50,000 Year 2 Fee(Invoiced 1"Anniversary of this agreement) $50,000 Year 3 Fee(Invoiced 2nd Anniversary of this agreement) All service fees associated with this agreement are due net ten (10) days from the date of the invoice. The-in+tial-term-of-thisagreement-is-for-t-tree-{X}-years-with-service,s invoiced-annually:--However,-at-any -tfine-eltrring-this-initial-3-year-term,—Apache-Junction,-AZ may-cancelsewices-fer-the-following-year by providing-written-noticeto-Buxtanat-least_nlnet-y{90)-days-inadvance-of-a-yearly renewal: if Apac-he junction, AZ cancels services pFiE)F te the expiratieR of the initial teFm,the City will be charged an eady Buxton may include Apache Junction,AZ on its client list in presentations and public relations efforts. When doing so, Buxton will not reveal information that is confidential and proprietary to Apache Junction, AZ. ►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.4. �Piz oN* File ID: 14-309 Sponsor: Emile Schmid Agenda Date: 6/17/2014 Index: In Control: City Council Meeting Consideration of proposed Resolution No. 14-32, authorizing the city to approve Amendment No. 2 to the Intergovernmental Agreement with Arizona Department of Transportation for Highway Safety Improvement Program grant funds for the construction of an intersection safety improvement project at the intersection of Idaho Road (SR 88) and Old West Highway. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 �PQpCNF✓ ti Public Works Department 5 U Z Home of the Superstition Mountains gHIZON Date: June 4, 2014 To: Mayor and Members of the City Council Through: George Hoffman, City Manager Giao Pham, Public Works Director From: Emile Schmid, City Engineer Subject: PW2011-05 SR 88/ Old West Highway Safety Improvements utilizing Highway Safety Improvement Program (HSIP) funds In 2011 city staff initiated and pursued utilizing Highway Safety Improvement Program (HSIP) funds for the design and construction of an intersection safety improvement project at the intersection of Idaho Road (SR 88) and Old West Highway. Resolution 11-27 was approved by city council allowing the city to enter into an intergovernmental agreement (IGA) with ADOT (JPA/IGA 11-089I) to proceed with this project. Amendment No. 1 was executed by the city December 5, 2012 to reflect a change in the design engineering costs. Per the original IGA, the city is responsible for any construction cost overages incurred by the project. The current construction cost estimate prepared by ADOT's design consultant is higher than what was originally programmed into the grant. The city Staff was able to work with ADOT and MAG to secure funds to assist the city in paying for the overage. The purpose of proposed Amendment No. 2 is to increase the construction funds as outlined below: SH496 03D (sconing/design and ADOT Project Management Design Review Cost): Federal-aid funds (@ 94.3% (capped) $ 118,445.00 City's match @ 5.7% (received) $ 7,159.00 Subtotal—Scoping/Design $ 125,604.00 SH496 01C(construction): Federal-aid funds @ 94.3% (capped) $ 343,970.00 City's match @ 5.7% $ 20,791.00 City's contribution @ 100% $ 14,077.00 Subtotal—Construction (State administered) $ 378,838.00 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 # FAX (480) 983-5752 or (480) 982-8005 �PQpCNF✓ ti Public Works Department 5 U Z Home of the Superstition Mountains gHIZONP Estimated TOTAL Project Cost** $ 504,442.00 Summary: Total Estimated City Funds* $ 42,027.00 Total Federal Funds $ 462,415.00 * (Includes scoping/design match received by ADOT from the City) ** (Includes 15%CE and 5% Project contingencies) Construction items for this project include raised medians along Idaho Road (south and north of the intersection), sidewalk ramp upgrades to make them ADA compliant at all curb returns and pedestrian refuge areas in the Old West Highway Medians, and drainage improvements. ADOT is completing the design of this project this fiscal year, with construction to follow shortly thereafter. Both city staff and ADOT feel that the construction of this project provides a significant safety improvement and is beneficial to the travelling public and area residents. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 # FAX (480) 983-5752 or (480) 982-8005 RESOLUTION NO. 14-32 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO APPROVE AMENDMENT NO. TWO TO INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT FUNDS . WHEREAS, Congress established the Highway Safety Improvement Program ("HSIP") for the specific purpose of achieving a significant reduction in traffic fatalities and serious injuries on public roads; and WHEREAS, the State and the City have identified systematic improvements within the City as being eligible under this program; and WHEREAS, the purpose of this joint effort is to allow the State to acquire federal funds for the design of an intersection safety improvement project at the intersection of Idaho Road and Old West Highway (the "Project") ; and WHEREAS, the State shall be the designated agent for the City; and WHEREAS, the estimated total construction cost of the Project is $378, 838 . 00, including construction engineering and administration cost, which represents 100o funding; and WHEREAS, Federal-aid funds will contribute $343, 970 . 00 for construction of the Project; and WHEREAS, the required City leftover matching funds for construction of the Project is $34, 868 . 00; and WHEREAS, the attached written amendment ("IGA/JPA 11-0891, Amendment No. Two: 14-0004340-1") sets forth the financial and administrative conditions for design of the Project. RESOLUTION NO. 14-32 PAGE 1 OF 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The Mayor and City Council hereby approve the attached amendment no. two to intergovernmental agreement between the City of Apache Junction and the Arizona Department of Transportation ("TGA/JPA 11-0891, Amendment No. Two: 14- 0004340-I") and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) Under the terms of IGA/JPA 11-0891 amendment, the City will pay for the design and construction costs associated with the Project. 3) The City Manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. 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. 14-32 PAGE 2 OF 2 ADOT File No.: IGA/JPA 11-089-1 ADOT CAR No.: 13-0000968-I Amendment No. Two: 14-0004340-1 AG Contract No.: P0012011002114 Project: Construction & Installation Section: Idaho Rd at Old West Highway Federal-aid No.: APJ-0(204)A ADOT Project No.: SH496 03D 01C TIP/STIP No.: CAAG/MAG CFDA No.: 20.205 -Highway Planning and Construction Budget Source Item No.: N/A AMENDMENT NO. TWO TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AMENDMENT NO. TWO to INTERGOVERNMENTAL AGREEMENT (the "Amendment No. Two"), entered into this date , 2014, pursuant to Arizona Revised Statutes §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City"). The City and State are collectively referred to as the "Parties." WHEREAS, the INTERGOVERNMENTAL AGREEMENT, JPA/IGA 11-089-I, A.G. Contract No. P0012011002114, was executed on August 9, 2011, (the "Original Agreement') and Amendment One executed on December 6, 2011, (the "Amendment No. One"), WHEREAS, the State is empowered by Arizona Revised Statutes § 28-401 to enter into this Amendment No. Two and has delegated to the undersigned the authority to execute this Amendment No. Two on behalf of the State; WHEREAS, the City is empowered by Arizona Revised Statutes § 48-572 to enter into this Amendment No. Two and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Amendment No. Two and has authorized the undersigned to execute this Amendment No. Two on behalf of the City; and NOW THEREFORE, in consideration of the mutual agreements expressed herein, the purpose of this Amendment No. Two is to increase the construction funds. The Parties desire to amend the Original Agreement and Amendment No. One, as follows: I. RECITALS Page 2 ADOT File No.: IGA/JPA 11-089-I CAR No.: 13-0000968-I Amendment No. Two: 14-0004340-I Section I. Paragraph 6 is added and the funding is revised, as follows: 6. The federal funds will be used for the scoping/design and construction of the Project, including the construction engineering and administration cost (CE). The estimated Project costs are as follows: SH496 03D (scoping/design and ADOT Proiect Management Design Review Cost): Federal-aid funds @ 94.3% (capped) $ 118,445.00 City's match @ 5.7% (received) $ 7,159.00 Subtotal—Scoping/Design $ 125,604.00 SH496 01 C (construction): Federal-aid funds @ 94.3% (capped) $ 343,970.00 City's match @ 5.7% $ 20,791.00 City's contribution @ 100% $ 14,077.00 Subtotal—Construction (State administered) $ 378,838.00 Estimated TOTAL Project Cost** $ 504,442.00 Summary: Total Estimated City Funds* $ 42,027.00 Total Federal Funds $462,415.00 * (Includes scoping/design match received by ADOT from the City) ** (Includes 15% CE and 5% Project contingencies) The Parties acknowledge that the final Project costs may exceed the initial estimate(s) shown above, and in such case, the City is responsible for, and agrees to pay, any and all eventual, actual costs exceeding the initial estimate. If the final bid amount is less than the initial estimate, the difference between the final bid amount and the initial estimate will be de-obligated or otherwise released from the Project. The City acknowledges it remains responsible for, and agrees to pay according to the terms of this Agreement, any and all eventual, actual costs exceeding the final bid amount. II. SCOPE OF WORK Section II, Paragraph f. is replaced and Paragraphs i. and j. are added, as follows: 1. The State will: i. Upon completion of design and prior to authorization, invoice the City, for the City's share of Project construction costs currently estimated at$34,868.00. Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs. De-obligate or otherwise release any remaining federal funds from the scoping/design phase of the Project. j. Upon receipt of the City's estimated share of the Project construction costs, submit all documentation required to FHWA with the recommendation that funding be approved for construction. Request the maximum programmed federal funds for the construction of this Project. Should costs Page 3 ADOT File No.: IGA/JPA 11-089-I CAR No.: 13-0000968-I Amendment No. Two: 14-0004340-I exceed the maximum federal funds available, it is understood and agreed that the City will be responsible for any overage. k. Upon FHWA authorization and with the aid and consent of the City, proceed to administer construction, advertise for, receive and open bids subject to the concurrence of the City, to whom the award is made and enter into a contract(s)with a firm(s)for the construction of the Project. Section II, Paragraph d. is revised, as follows: 2. The City will: d. Upon completion of design, within thirty (30) days of receipt of an invoice from the State and prior to bid advertisement, pay the State, the City's Project construction costs, currently estimated at $34,868.00. Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs. III. MISCELLANEOUS PROVISIONS Section III, Paragraphs 17. and 18. are added as follows: 17. Should the federal funding related to this Project be terminated or reduced by the federal government, or Congress rescinds, fails to renew, or otherwise reduces apportionments or obligation authority, the State shall in no way be obligated for funding or liable for any past, current or future expenses under this Agreement. 18. The City acknowledges compliance with federal laws and regulations and may be subject to the Office of Management and Budget (OMB), Single Audit, Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations). Entities that expend $500,000.00 or more (prior to 12/26/14) and $750,000.00 or more (on or after 12/26/14) of federal assistance (federal funds, federal grants, or federal awards) are required to comply by having an independent audit. Either an electronic or hardcopy of the Single Audit is to be sent to Arizona Department of Transportation Financial Management Services within the required deadline of nine (9) months of the sub recipient fiscal year end. ADOT— FMS Attn: Cost Accounting Administrator 206 S 17t"Ave. Mail Drop 204B Phoenix, AZ 85007 SingleAudit(a-)_azdot.gov EXCEPT AS AMENDED herein, ALL OTHER terms and conditions of the Original Agreement and Amendment No. One remain in full force and effect. THIS AMENDMENT NO. TWO shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. IN ACCORDANCE WITH Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each Party's legal counsel and that the Parties are authorized under the laws of this State to enter into this Amendment No. Two and that the Amendment No. Two is in proper form. Page 4 ADOT File No.: IGA/JPA 11-089-I CAR No.: 13-0000968-I Amendment No. Two: 14-0004340-I IN WITNESS WHEREOF, the Parties have executed this Amendment No. Two the day and year first above written. CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN S. INSALACO DALLAS HAMMIT, P.E. Mayor Senior Deputy State Engineer, Development ATTEST: By KATHY CONNELLY Clerk ADOT File No.: IGA/JPA 11-089-I CAR No.: 13-0000968-I Amendment No. Two: 14-0004340-I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Amendment No. Two to the Original Agreement and Amendment No. One between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Amendment No. Two to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Amendment No. Two. DATED this day of , 2014. City Attorney RESOLUTION NO. 14-32 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO APPROVE AMENDMENT NO. TWO TO INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT FUNDS . WHEREAS, Congress established the Highway Safety Improvement Program ("HSIP") for the specific purpose of achieving a significant reduction in traffic fatalities and serious injuries on public roads; and WHEREAS, the State and the City have identified systematic improvements within the City as being eligible under this program; and WHEREAS, the purpose of this joint effort is to allow the State to acquire federal funds for the design of an intersection safety improvement project at the intersection of Idaho Road and Old West Highway (the "Project") ; and WHEREAS, the State shall be the designated agent for the City; and WHEREAS, the estimated total construction cost of the Project is $378, 838 . 00, including construction engineering and administration cost, which represents 100o funding; and WHEREAS, Federal-aid funds will contribute $343, 970 . 00 for construction of the Project; and WHEREAS, the required City leftover matching funds for construction of the Project is $34, 868 . 00; and WHEREAS, the attached written amendment ("IGA/JPA 11-089I, Amendment No . Two: 14-0004340-I") sets forth the financial and administrative conditions for design of the Project . RESOLUTION NO. 14-32 PAGE 1 OF 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLI-OWS : 1) The Mayor and City Council hereby approve the attached amendment no. two to intergovernmental agreement between the City of Apache Junction and the Arizona Department of Transportation ("IGA/JPA 11-0891, Amendment No. Two: 14- 0004340-1") and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2 ) Under the terms of IGA/JPA 11-0891 amendment, the City will pay for the design and construction costs associated with the Project . 3) The City Manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL. OF 7-HE CITY OF APACHE JUNCTION, ARIZONA, THIS r,._ r DAY OF , 2014 . _. a SIGNED AND ATTESTED TO THIS DAY OF 2014 . J S . INSALACO or ATTEST: i I. f" J i . • .. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-32 PAGE 2 OF 2 ADOT File No.: IGA/JPA 11-089-I ADOT CAR No.: 13-0000968-I Amendment No. Two: 14-0004340-1 AG Contract No.: P0012011002114 Project: Construction & Installation Section: Idaho Rd at Old West Highway Federal-aid No.: APJ-0(204)A ADOT Project No.: SH496 03D 01C TIP/STIP No.: CAAG/MAG CFDA No.: 20.205-Highway Planning and Construction Budget Source Item No.: N/A AMENDMENT NO. TWO TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AMENDMENT NO. TWO to INTERGOVERNMENTAL AGREEMENT (the "Amendment No. Two"), entered into this date , 2014, pursuant to Arizona Revised Statutes §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City"). The City and State are collectively referred to as the"Parties." WHEREAS, the INTERGOVERNMENTAL AGREEMENT, JPA/IGA 11-089-I, A.G. Contract No. P0012011002114, was executed on August 9, 2011, (the "Original Agreement") and Amendment One executed on December 6, 2011, (the"Amendment No. One"), WHEREAS, the State is empowered by Arizona Revised Statutes § 28-401 to enter into this Amendment No. Two and has delegated to the undersigned the authority to execute this Amendment No. Two on behalf of the State; WHEREAS, the City is empowered by Arizona Revised Statutes § 48-572 to enter into this Amendment No. Two and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Amendment No. Two and has authorized the undersigned to execute this Amendment No. Two on behalf of the City; and NOW THEREFORE, in consideration of the mutual agreements expressed herein, the purpose of this Amendment No. Two is to increase the construction funds. The Parties desire to amend the Original Agreement and Amendment No. One, as follows: I. RECITALS Page 2 ADOT File No.: IGA/JPA 11-089-1 CAR No.: 13-0000968-1 Amendment No. Two: 14-0004340-1 Section I. Paragraph 6 is added and the funding is revised, as follows: 6. The federal funds will be used for the scoping/design and construction of the Project, including the construction engineering and administration cost (CE). The estimated Project costs are as follows: SH496 03D (scoping/design and ADOT Project Management Design Review Cost): Federal-aid funds @ 94.3% (capped) $ 118,445.00 City's match @ 5.7% (received) $ 7,159.00 Subtotal—Scoping/Design $ 125,604.00 SH496 01C (construction): Federal-aid funds @ 94.3% (capped) $ 343,970.00 City's match @ 5.7% $ 20,791.00 City's contribution @ 100% $ 14,077.00 Subtotal —Construction (State administered) $ 378,838.00 Estimated TOTAL Project Cost" $ 504,442.00 Summary: Total Estimated City Funds" $ 42,027.00 Total Federal Funds $462,415.00 * (Includes scoping/design match received by ADOT from the City) ** (Includes 15% CE and 5% Project contingencies) The Parties acknowledge that the final Project costs may exceed the initial estimate(s) shown above, and in such case, the City is responsible for, and agrees to pay, any and all eventual, actual costs exceeding the initial estimate. If the final bid amount is less than the initial estimate, the difference between the final bid amount and the initial estimate will be de-obligated or otherwise released from the Project. The City acknowledges it remains responsible for, and agrees to pay according to the terms of this Agreement, any and all eventual, actual costs exceeding the final bid amount. II. SCOPE OF WORK Section II, Paragraph f. is replaced and Paragraphs i. and j. are added, as follows: 1. The State will: i. Upon completion of design and prior to authorization, invoice the City, for the City's share of Project construction costs currently estimated at$34,868.00. Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs. De-obligate or otherwise release any remaining federal funds from the scoping/design phase of the Project. j. Upon receipt of the City's estimated share of the Project construction costs, submit all documentation required to FHWA with the recommendation that funding be approved for construction. Request the maximum programmed federal funds for the construction of this Project. Should costs Page 3 ADOT File No.: IGA/JPA 11-089-1 CAR No.: 13-0000968-1 Amendment No. Two: 14-0004340-1 exceed the maximum federal funds available, it is understood and agreed that the City will be responsible for any overage. k. Upon FHWA authorization and with the aid and consent of the City, proceed to administer construction, advertise for, receive and open bids subject to the concurrence of the City, to whom the award is made and enter into a contract(s)with a firm(s)for the construction of the Project. Section II, Paragraph d. is revised, as follows: 2. The City will: d. Upon completion of design, within thirty (30) days of receipt of an invoice from the State and prior to bid advertisement, pay the State, the City's Project construction costs, currently estimated at $34,868.00. Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs. III. MISCELLANEOUS PROVISIONS Section III, Paragraphs 17. and 18. are added as follows: 17, Should the federal funding related to this Project be terminated or reduced by the federal government, or Congress rescinds, fails to renew, or otherwise reduces apportionments or obligation authority, the State shall in no way be obligated for funding or liable for any past, current or future expenses under this Agreement. 18. The City acknowledges compliance with federal laws and regulations and may be subject to the Office of Management and Budget (OMB), Single Audit, Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations). Entities that expend $500,000.00 or more (prior to 12/26/14) and $750,000.00 or more (on or after 12/26/14) of federal assistance (federal funds, federal grants, or federal awards) are required to comply by having an independent audit. Either an electronic or hardcopy of the Single Audit is to be sent to Arizona Department of Transportation Financial Management Services within the required deadline of nine(9) months of the sub recipient fiscal year end. ADOT—FMS Attn: Cost Accounting Administrator 206 S 17'h Ave. Mail Drop 204B Phoenix, AZ 85007 SingleAudit(a)azdot.gov EXCEPT AS AMENDED herein, ALL OTHER terms and conditions of the Original Agreement and Amendment No. One remain in full force and effect. THIS AMENDMENT NO. TWO shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. IN ACCORDANCE WITH Arizona Revised Statutes§ 11-952 (D) attached hereto and incorporated herein is the written determination of each Party's legal counsel and that the Parties are authorized under the laws of this State to enter into this Amendment No. Two and that the Amendment No. Two is in proper form. Page 4 ADOT File No.: IGA/JPA 11-089-I CAR No.: 13-0000968-I Amendment No. Two: 14-0004340-1 IN WITNESS WHEREOF, the Parties have executed this Amendment No. Two the day and year first above written. CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN S. INSALACO DALLAS HAMMIT, P.E. Mayor Senior Deputy State Engineer, Development ATTEST: By KATHY CONNELLY Clerk ADOT File No.: IGA/JPA 11-089-I CAR No.: 13-0000968-I Amendment No. Two: 14-0004340-I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Amendment No. Two to the Original Agreement and Amendment No. One between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Amendment No. Two to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Amendment No. Two. DATED this day of 2014. City Attorney ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. 'Piz oN* File ID: 14-314 Sponsor: Christa Rizzi Agenda Date: 6/17/2014 Index: In Control: City Council Meeting Presentation of award by the Apache Junction Drug Prevention Coalition to the Apache Junction Police Department for a reduction in drug-related crimes for the period of 2008-2012. Presentation. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. QitoN►' File ID: 14-157 Sponsor: Matt Busby Agenda Date: 6/17/2014 Index: In Control: City Council Meeting Presentation and discussion by city and Resolution Copper staff on the Resolution Copper Project. Presentation and discussion. Representatives of Resolution Copper wish to provide an update to the city council on the project. 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. 7. Piz File ID: 14-55 Sponsor: Bryant Powell Agenda Date: 6/17/2014 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.8. Piz File ID: 14-294 Sponsor: Bryant Powell Agenda Date: 6/17/2014 Index: In Control: City Council Meeting Presentation by Bryce Milkey, the 2014 Apache Junction High School student body president who will share his speech from Apache Junction High School's May 22, 2014 graduation ceremony. Presentation. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►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. 9. Piz File ID: 14-295 Sponsor: Joel Stern Agenda Date: 6/17/2014 Index: In Control: City Council Meeting Proposed third amendment to economic development agreement between City of Apache Junction and Mehmood Mohiuddin, owner of the Hitching Post. City staff and Ralph Pew (attorney for Mehmood Mohiuddin)will make a presentation. Presentation, discussion, and consideration. In October 2013, the city council voted to approve the Second Amendment to the Hitching Post Economic Development Agreement to accommodate a bullriding attraction. Since that time, Mehmood Mohiuddin (owner of the Hitching Post) hired consultants to assist him in constructing the bullriding facilities. As a result of the change in the site plan configuration of the bullriding structure as compared to the previously council-approved site plan, a Third Amendment is needed. The Third Amendment includes the revised site plan, a fence installation provision as well as insurance stipulations. City of Apache Junction,Arizona Page 1 Printed on 611512026 INTEROFFICE MEMO OFFICE OF THE CITY ATTORNEY TO: Honorable Mayor and DATE: June 2, 2014 Members of the City Council FROM: R. Joel Stern City Attorney SUBJECT: THIRD AMENDMENT TO HITCHING POST DEVELOPMENT AGREEMENT TO PROVIDE FOR BULL RIDING ACTIVITIES; OUR FILE NO. 14-042 Since the October 2013 Council Meeting where the City Council approved the Second Amendment to the Development Agreement, city staff has been working with the Hitching Post through counsel Ralph Pew to implement the bull riding proposal. Because of a new physical arena configuration, a Third Amendment is required. The Third Amendment includes the revised site plan, a fence installation provision, an insurance provision shifting catastrophic risk exposure and other miscellaneous items. This matter will be discussed tonight and will be presented to the Mayor and City Council for approval on June 17`" at a public hearing. R. Joel Stern City Attorney Attachments • Application • Development Agreement with Exhibits Pew & Lake, P.L.C. Real Estate and Land Use Attorneys W.Ralph Pew Certl(ied Rea;Estate SOPLlallst Sean R.Lake May 13, 2014 Reese L.Anderson HAND DELIVERED Mr. Rudy Esquivias Senior Planner/Zoning Administrator City of Apache Junction 300 East Superstition Blvd. Apache Junction, AZ 85219 Re: Application for Amendment to the Second Amendment to Economic Development Agreement Between City of Apache Junction and Mehmood Mohiuddin Dated October 7, 2013 Recorded in the Official Records of Final County on October 8, 2013 in Fee No. 2013-080887 ("Development Agreement') Dear Mr. Esquivias: This letter will provide additional information and clarification regarding the request by our client Mehmood Mohiuddin ("Owner") for an amendment to the Development Agreement with the City of Apache Junction ("City"). The application and $2,500 fee are included herein. The amendment to the Development Agreement is intended to accomplish the objectives listed in Paragraph D of the Recitals to the draft (4/29/14) "Third Amendment to Economic Development Agreement between City of Apache Junction and Mehmood Mohiuddin" (`Third Amendment'). Included with this application is a copy of the draft (4/29/14) of the Third Amendment that was revised and prepared by the City Attorney and which the Applicant, Mr. Mohiuddin, is in agreement. With respect to the revised Site Plan, we have followed the instructions from Mr. Dennis Dixon, C.B.O., the Building Official for the City, concerning clarifications and modifications to the Site Plan as explained in the March 4, 2014 and April 2, 2014 e- mails from Mr. Dixon to Mr. Stern and are addressed on the Site Plan as follows: -, 1. Clarify that ADA configuration and panic hardware are on all gates. This is made clear in the cloud note in the upper left-hand corner of the Site Plan. 1744 South Val Vista Drlvc, Suite 217 • Mesa Arizona 85204 • 480 461 4670 [phone] 80 461 4C75 Naxi Mr. Rudy Esquivias City of Apache Junction May 13, 2014 Page 2 of 3 2. Clarify that gates 3 and 4 are new gates. This item has been addressed also in the cloud note in the upper left-hand corner of the Site Plan indicating that all gates are new. 3. Clarify that all exit gates to remain readily operable and unlocked. The cloud note in the upper left-hand corner of the Site Plan provides that "all gates to remain unlocked and operable during working hours." 4. Confirmation that all manufacturer's details and installation instructions are noted on the Site Plan. Because it is not possible to put all details and installation instructions for lighting, gates and the bull riding fence on the Site Plan, we have attached to the Site Plan corresponding exhibits as follows: (1) Lighting detail (2) Fence detail. (3) Exit signage. (4) Bull riding fence (5) Engineer's "Report of Findings." 5. Statement regarding issuance of insurance coverage prior to Certification of Occupancy. This item has been addressed as Note #4 in the cloud note directly above the Registrant's seal on the Site Plan and has been included in the language of the draft (4/29/14) Third Amendment. 6. The "Von Duprin" page identifying exit devises has been included in the fence section of details. 7. A bull riding fence section of details has been added with the Preifert" information included. 8. A new Section 9(t) has been added to the draft (4/29/14) Third Amendment requiring installation of the bull riding fence and area fence in accordance with all manufacturer's guidelines, details, instructions and specifications. Thank you for your review and professional attention to this matter. We believe that based on our meeting with you, Joel Stern and Dennis Dixon and subsequent telephone conferences and e-mails, along with the clarification and items contained in this application for amendment to the Development Agreement, including the revised Site Plan and exhibits, this item is prepared to move forward to the City Council for its action. We recognize that all building permits to be issued in conjunction with the Mr. Rudy Esquivias City of Apache Junction May 13, 2014 Page 3of3 development of the bull riding arena at the Hitching Post Restaurant/Bar will be a function of the City's Building Department. 4Si cer y, W. al ew W RP/kfs Cc: Mehmood Mohiuddin Scott Grainger P FCei� T EXHIBIT Am Planning and Zoning Application Form Office Use Only: Filing Date �'•aRr_o'`" Staff Fees Received Case TYPE OF APPLICATION _Annexation _Abandonment(Plat/Easement/ROW) _Board of Adjustment _Cargo Container Permit _Certificate of Legal Nonconformity —Conditional Use Permit %Development Agreement _Development Plan Review —General Plan Amendment _Lot Splits,Joins&Adjustments _Ordinance Text Amendment _planned Development Rezoning _Preliminary/Final Plat _Preliminary Development Review _Sign Permit _Special Use Permit _Temporary Use Permits _Zoning Map Amendment Other SITE INFORMATION SITE ADDRESS/LOCATION 2341 N. Apache Tail ASSESSORS PARCEL NUMBER 100-25-043A GROSSAREA: .85 acres NETAREA EXISTING ZONING BRIEF DESCRIPTION OFTN�PROPOSED PROJECT/USE: An amendment to the Second Amendment to Economic Development Agreement Between City of Apache Junction and Mehmood Mohiuddin- dated October 7, 2013. APPLICANT INFORMATION PropertyOwner(s) Mehmood Mohiuddin Address 2345 N. Apache Trail Apache Junction, AZ 85119 Phone Number 480-983-8800 Fax Number480-983-6396 Email tmloveladyC�ymsn.com Applicant Contact Person/Project Manager W. Ralph Pew, Pew & Lake PLC Address1744 South Val Vista Drive Suite 217 Mesa AZ 85204 Phone Number480-461-4670 Fax Number 480-461-4676 Email ralph.pew&ewandlake.com Architect/Engineer Scott Grainger, Grainger Consulting Address 4135 East Fairview Circle Mesa, AZ 85206 Phone Number 480-833-2100 Fax /N/umber480-833-2941 Email scOttAgraingerconsulting.com OWNERS SIGNATURE: / DATE: 1 _ 2-29-12 version ° HITCHING POST LLC 6249 2341 N APACHE TRL. APACHE JUNCTION,AZ 85119-1003 1 I 1221 L.�, 1211fi5 DATE �1 PAY TOT E $ V O IRS L+� oNaa CHASEC® IPMorgan Chase Bank,N.A. w Chasa.00m I - FOR 0006 249u■ 1s 1 2 2 i000 24l: 8743064 / 11 �-- THIRD AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND MEHMOOD MOHIUDDIN THIS THIRD AMENDMENT is made and entered into this day of , 20_, ("the Execution Date") by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and MEHMOOD MOHIUDDIN, as owner of the Hitching Post Restaurant("Developer"), sometimes both collectively referred to as the "Parties", or individually as a "Party". RECITALS A. On February 18, 2009, City and Developer entered into an Economic Development Agreement (the "Agreement") which allowed Developer to operate a new restaurant known as the "Hitching Post" located at 2341 N. Apache Trail, Apache Junction, Arizona (the "Property"), in addition to the continued operation of the Dash In convenience market and gas station. B. On May 8, 2009, City and Developer executed an amendment (the "First Amendment")to the Agreementwhich included additional stipulations associated with the operation of the Hitching Post Restaurant. C. On October 7, 2013, City and Developer executed another amendment (the "Second Amendment") to the Agreement which included a bull riding arena on the Property set forth as the Second Amendment Site Plan. D. Developer desires in this amendment (the "Third Amendment") to modify the configuration of the previously approved Second Amendment Site Plan with spatial relationship and building safety changes to the proposed arena, lighting, exits, and entrances to the bull riding portion of the Property, and providing additional details concerning necessary improvements, and adding insurance declarations. AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to the following modifications: A. The Site Plan originally attached to the Second Amendment and referenced in Section 13(3) of that Second Amendment, is replaced with a new Site Plan and supporting documentation, as set forth in Exhibit A (incorporated by reference and attached hereto). B. New§ 9 (s): shall be added to the Agreement and shall read as follows: Insurance. The Parties acknowledge that the bull riding activities on the Property may improve Developer's business profitability and that the parking area is designed to accommodate projected level of customers. However, due to the configuration of the buildings and mix of uses on the Property, (restaurant, bar and bull riding amusement feature), the Developer and City agree that additional assurances that may arise due to accidental incidents involving increased traffic and bull riding activities are necessary. For these reasons, the Parties agree as follows: Developer agrees to obtain and provide City, prior to the time Certificate of Occupancy is issued for the bull riding arena, with proof of payment of insurance premiums and certificates showing that Developer and the Livestock Provider ("LP") are each carrying insurance policies in amounts and coverages set forth below: (1) Developer: Commercial General Liability Premises and Casualty Liability. Insurance covering the Developer, and as an additional insured, the City, against liability imposed by law, and/or arising from personal injury, bodily injury or property damage, with a liability limit of at least $2,000,000.00 per occurrence with at least $4,000,000.00 products/completed operations limit and a minimum of$4,000,000.00 general aggregate limit. Such policy must be primary and written to provide blanket contractual liability, broad form property damage, premises liability and products and completed operations. Notice of Cancellation: The insurance policy shall include provisions to the effect that it shall not be suspended, voided, cancelled, reduced in coverage except after thirty (30) calendar days' prior written notice has been sent by Developer and received by the City. Such notice shall be sent directly to City Attorney, 300 East Superstition Blvd., Apache Junction, Arizona, 85119, and shall be sent by certified mail, return receipt requested. Acceptability of Insurers: The Insurers will be "Hanover" and "Allied P & C lns. Company" or other duly licensed or approved unlicensed companies in the State of Arizona and with an "A.M. Best" rating of not less than ANIL The City in no way warrants that the above-required minimum insurer rating is sufficient to protect Developer from potential insurer insolvency. Verification of Coverage: Developer shall furnish the City with original certificates of insurance (ACORD form or equivalent approved by the City). Any policy endorsements that restrict or limit coverage shall be clearly noted on the certificate of insurance. Policy Effective Date: All certificates are to be received and approved by the City before bull riding activities begin or continue. The insurance policy must be in effect at or prior to the bull riding activities begin or continue and must remain in effect for the duration of this Third Amendment. Failure to maintain the insurance 2 policies as required by this Third Amendment or to provide timely evidence of renewal will be considered a material breach of contract. All certificates required by this Third Amendment shall be sent directly to City of Apache Junction, Attn: City Attorney, 300 East Superstition Blvd., Apache Junction, Arizona, 85119. The City reserves the right to require complete, certified copies of all insurance policies and endorsements at any time. Approval: Any modification or variation from the insurance requirements must have prior approval from the City Attorney's Office whose decision shall be final. Such action will not require formal contract amendment, but may be made by administrative action. (2) Livestock Provider: General Commercial Liability for Providing Livestock for Rodeo Events Liability. Insurance covering the LP, and as additional insureds the Developer and City, against liability imposed by law, and/or arising from personal injury, bodily injury or property damage, with a liability limit of at least$1,000,000.00 per occurrence and a minimum of$2,000,000.00 general aggregate limit. Such policy must be primary and written to provide coverage for livestock for rodeo events. Notice of Cancellation: The insurance policy shall include provisions to the effect that it shall not be suspended, voided, cancelled, reduced in coverage except after thirty (30) calendar days' prior written notice has been given to the City. Such notice shall be sent directly to: City Attorney, 300 East Superstition Blvd., Apache Junction, Arizona, 85119, and shall be sent by certified mail, return receipt requested. Acceptability of Insurers: The Parties acknowledge that insurance coverage for providing livestock for rodeo events is a unique form of coverage with a limited pool of providers. Insurance will be initially placed with "National Fire and Marine Insurance Company" ("National"). Verification of Coverage: Developer shall furnish the City with original certificates of insurance (ACORD form or equivalent approved by the City) as required herein. Any policy endorsements that restrict or limit coverage shall be clearly noted on the certificate of insurance. Policy Effective Date: All certificates are to be received and approved by the City before bull riding activities begin or continue. The insurance policy must be in effect at or prior to the bull riding activities begin or continue and must remain in effect for the duration of this Third Amendment. Failure to maintain the insurance policies as required by this Third Amendment or to provide timely evidence of renewal will be considered a material breach of contract. 3 All certificates required by this Third Amendment shall be sent directly to City of Apache Junction, Attn: City Attorney, 300 East Superstition Blvd., Apache Junction, Arizona, 85119. The City reserves the right to require complete, certified copies of all insurance policies and endorsements at any time. Approval: Any modification or variation from the insurance requirements must have prior approval from the City Attorney's Office whose decision shall be final. Such action will not require formal contract amendment, but may be made by administrative action. C. New § 9 (t) to the Agreement shall read as follows: Bull Riding Fence and Area Fence: Developer shall hire a state licensed and bonded contractor who shall install the fence securing the bull riding activities and the area surrounding the patrons in accordance with all manufacturers' guidelines, details, standard installation instructions, and specifications filed with the submittal. Developer shall contract with a reputable supplier who shall provide rough stock Priefert panels or its equivalent, and install pursuant to manufacturing installation instructions and details and guide lines. D. New § 9 (u) to the Agreement shall read as follows: Binding Effect/Assignment: The obligations and rights created in this Agreement are binding upon and shall inure to the benefit of the Parties and their successors, assigns and legal representatives. Neither Party may assign their rights under this Agreement without the prior written approval of the other Party. Such successor or assignee shall assume, in writing, all duties and obligations hereunder of the prior Party and shall further agree to be bound by and to fully perform the terms of this Agreement. E. All other terms and provisions set forth in the Agreement, the First Amendment, and the Second Amendment not inconsistent with this Third Amendment, remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to be duly executed as of the day and year first written above. DEVELOPER: MEHMOOD MOHIUDDIN, owner of Dash In Gas and Mini Mart and Hitching Post Restaurant By: Its: 4 CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: John S. Insalaco ATTEST: Its: Mayor Kathleen Connelly City Clerk APPROVED AS TO FORM: R. Joel Stern City Attorney 5 STATE OF ) ) ss. County of ) The foregoing was acknowledged before me this day of 20_, by as of Mehmood Mohiuddin, owner of Hitching Post Restaurant. Notary Public My Commission Expires: 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, an Arizona municipal corporation. Notary Public My Commission Expires: 6 EXH I BIT A SITE PLAN \ \ o X \ \ � \ � ; � z 41 r sUN- F$j a l � LEJ a s � o = o \ mo { PROJECT BULL RING/HITdHNG POST RESTAURANT Grainger Consulting, Inc. 2341 N APACH£ TRAIL.APACHE JUCTION,AZ 85119 rn :4r> P E N sNlv[.c1e+[StiM..+ao+«ada3lr.a� OWNER AIOHWDDIN IJEHIAOOO DATE. 17/16/13 CLIENT AIOHIUDDiN IAEHIA000 2341 N APACHE TRAIL o DESIGNED BY- SG 2341 N APACHE TRAIL" CALCULATED BY: SEE CALC DATA APACHE JUCTION.AZ 85119 APACHE JUCTIDN,AZ85119 N OATE 12/16/13 AHJ CITY OF APACHE JUCTION.AZ DRAWN BY: SH CHECKED BY- SG DATE 12/16/13 E m N / I � 1{IaON � o o c r— ,'IS � S o � s Z � b n a r � A rti m m o p�h e�8 .a C) Inc. PROJECT 13ULL RING/HITCHING POST RESTAURANT REV 1 1/15/14 h Grainger Consulting, I 2341 N APACHE TRAIL APACHE JUCTION,AZ 85119 REV 1 z3 14 m R 1 1 AGRE pv�e T � � • AG1tEd�7 m N •I]�E I HlMi•cNV[S�_R7 611f16'D�1 N:11})'fa.a6�L5] ,� .+•v�^s ^�'�+'�^ OWNER 1A341 N P AIEHAIDOD CLIENT MOHIUDDiN µEHA1D00 2341 N APACHE TRAIL DESIGNED BY: SC DATE: 12/16/13 2341 N APACHE TRAIL APACHE JUCTION,AZ95119 N CALCULATED BY: SEE CALL DATA APACHE AICTION,AZ 65119 DRAWN BY' SH DATE. 12/16/13 AHJ CITY OF APACHE JUCTION,AZ CHECKED BY- SG DATE: 12/16/13 N n = rD m r0 ", . -- - rn I O O] V• rn Q 1 • II 11 � 11 Z4' MIN. inUl �� m ? X p I I N II CIL 11 poz C II ' I I n II 11 C, e, m JL �� �� �� F Inr �a n Fi Z rn C Z rn r �' ^ _I 91 ; � N N UI Y D N PROJECT BULL RING/HITCHING POST RESTAURANT 2341 N APACHE TRAIL, APACHE JUCTION, AZ,85119 DESIGNED BY: PHX.,FENCE Co.DATE: 12/16/13 CLIENT MOHIUODIN MEIEMOOD OWNER MOHIUDDIN MEHMOOD 2341 N APACHE TRAIL 2341 N APACHE TRAIL CALCULATED sr: SEE CALL DATA APACHE JUCTION. AZ 65119 APACHE JUCRON,AZ65119 DRAWN BY: SH DATE: 12/16/13 AHJ CITY OF APACHE JUCTION,AZ 4 Bolt Base SSS12B4-4- Optional Tenon Mounting(specify) 8 "D" TOP Diameter Arm Drilling Per Customer Specs. "B"Wall Carbon Steel �— With Powder Coated Finish "A" WARNING: Do not install light pole without luminaire. /Grounding Provision Opposite Handhole „F„ r Reinforced Handhole(3"x 5") Bolt Circle With Steel Cover And Stainless �—Steel Screws(See Detail) Dia. i'-6" ✓ BS Butt Diameter CABS Plastic Base Cover (4)Anchor Bolts Per AASHTO M314-90, E Grade 55,Top 10"Galvanized Per "�1 Sq. ASTM A153,With Galy.St.Hex.Nuts, .. Loci w shers&Flatwashers F9 Notes: S)All Material Shall Be Weldable-Grade,Hot-Rolled,Commerdal Quality Carbon Steel Tubing. Base Plate and Handhole Material Shall Conform to ASiM A36. All Welds Shall Conform To AWS DIA Using E70a Electrodes. 2)EPA Calculations Based Upon AASHTO Standard Specifications for Structural Supports for Highway Signs,Luminaires and Traffic Signals,1994 Edition,Using An EPA Weight of 25lbs Per Sq Ft of EPA Height Coefficients Based On Formula,(H/30)^(1/7).EPA's Are Calculated At Top Of Shaft All Welds Shall I Conform To AWS D3.1 Using E70xx Electrodes. Mounting Height: 12 ft Gauge: 11 Maximum EPA Your Name: Butt Diameter: 4 in 70: 30 Representative Name: Top Diameter: 4 in SO: 22.6 Architect Name: Base Diameter: 8 in 90: 17.7 Project Name: Bolt Circle: 8-9 in 100: 14.1 Customer P.O.#: colt Projection: 2.75 In 110: 11.3 Finish: - Bolt Size: .75 x 17 x 3 Date: 02/21/2014 Net Weight: 88 Accessories Notes: Luminary Weight: 275 Arm Length: Quantity: . Visit Hapco.com or call 800-368-7171 or fax 276-628-7707 v.2.03 THE EDGE° FLD-EDG-N6-AA Flood Luminaire-NEMA 6 Flood-Adjustable Arm Mount Product Description Slim,low profile design minimizes wind load requirements.Luminaire sides are rugged cast aluminum with integral,weather-tight LED driver compartments and high performance aluminum heat sinks.Adjustable arm mount is rugged die cast aluminum and mounts to 2"(51 IF(2.375"[60mm]O.D.)tenon.Includes leaf/debris guard. Performance Summary ',. Utilizes Beta LED"Technology Patented NanoOptic`Product Technology A Made in the U.S.A.of U.S.and imported parts CRI:Minimum 70 CRI OCT:5700K(+/-SOCK)Standard,4000K(+/-300K) Warranty:5 years on luminaire/10 years on Colorfast Delta Guard°finish EPA and Weight:Reference EPA and Weight spec sheet A.. Accessories Optional Photocell guy p�' Receptacle Location TU1] t .a Ir t"'I fY�"t^IYS n,-'r rs--"A 'Y` kt"}#g'tr3' '� XA-BRDSPK 4.3 29.6"p52mm] — Bird Spikes D09mm7 24.1"[612mm] 1 I T2.8" 1mm] LED Count Dim,I- re to 16.1'[n08mm] 10 ni?,,lie—, 13 ]0.1"[SOmm] 14 ox.tS60mm] 16 ."[611mm] zo }0.1"[T3mm] 3[ 331"IBltmm] Ordering Information Example:FLD-EDG-N6-AA-02-D-UL-SV-350-OPTIONS FLD-EDG N6 AA D FLD-EDG N6 AA 02 D UL SV 350 40K 4000K Color Temperature NEMA 6 Adjustable 04 Universal Silver 350mA -Color temperature per luminaire Flood Arm 06 120-277V (Standard) 525' DIM 0-10V Dimming 08 UH SK 525mA -Control by others 10 Universal Black 700- -Refer to dimming spec sheet for details 72 347-480V 8Z 700mA -Can't exceed specified drive current 14 34 Bronze F Fuse 16 347V PB -When code dictates fusing,use time delay fuse 20 Platinum -Not available with all ML options.Refer to ML spec 24 Bronze sheet for availability with ML options Wild HL Hi/Low,(175/350/525 Dual Circuit Input) White -Refer to ML spec sheet for details -Sensor not included P Photocell -Not available with all ML options.Refer to ML spec sheet for availability with ML options -Must specify voltage other than UH R NEMA Photocell Receptacle -Not available with all ML options.Refer to ML spec sheet for availability with ML options -Intended for horizontal mounting -Photocell by others ML Multi-Level -Refer to ML spec sheet for details 'Available on luminaires with 20-160 LEDs "Available on luminaires with 20-60 LEDs Beta LED- C U� us Rev.Date: 8/14/2012 'TECHNOLOGY www.cree.com/lighting T (800)236-6800 F (262)504-5415 Flood Luminaire-NEMA 6 Flood-Adjustable Arm Mount Product Specifications Photometry CONSTRUCTION&MATERIALS All published luminaire photometric testing performed to IESNA LM-79-08 Standards by Independent Testing Laboratories.a NVI-AP certified laboratory. Slim,low profile,minimizing wind load requirements • Luminaire sides are rugged die cast aluminum with integral,weather-tight LED driver compartments and high performance heat sinks • Adjustable mounting arm is rugged die cast aluminum and mounts to 2" (SImm)IF(2.375"[60mm]O.D.)tenon Includes leaf/debris guard Exclusive Colorfast DeltaGuard•finish features an E-Coat epoxy primer with an ultraduable powdertopcoat,providing excellent resistance to corrosion,ultraviolet degradation and abrasion.Standard is silver.Bronze, black,white,and platinum bronze are also available ELECTRICAL SYSTEM • Input Voltage: 120-277V or 347-48OV,50/6OHz,Class 1 drivers Pow c ITL Test Report on 71947¢r Factor. 0.9 at full IOdd FLD-EDG-146- O6-D-UL-000-40K Total Harmonic Distortion:<20°a at full load Initial Delivered Lumens;11,Zo Integral weather-tight electrical box with terminal strips(12Ga-2CGa)for easy power hookup I • Integral I0kV surge suppression protection standard LLLI or To address inrush current,slow blow fuse or type C/O breaker should be used REGULATORY&VOLUNTARY QUALIFICATIONS cL)Lus Listed Is Suitable for wet locations Enclosure rated IP66 per IEC 60529 when ordered without P or R options a,„I,•.e,, ,., e. ,.e 41 c, Consult factory for CE Certified products "j5 Certified to ANSI CI36,31-2001,3G bridge and overpass vibration FLD-EDG-N6- 06-D-UL-700-40K FLD-EDG-N6-'+06-D-UL-700-4OK Standards Mounting Height:20'(6.1m)AF.G. Mounting Height:10'(3.0m)A.F.G. • IOkV surge suppression protection tested in accordance with IEEE/ANSI Initial Delivered Lti 10,668 Initial D¢livemd Lumens:10,6680'Tllt 60'Tilt C62.412 initial PC at grade Initial PC at grade • Luminaire and finish endurance tested to withstand 5,000 hours of elevated ambient salt fog conditions as defined in ASTM Standard 8117 • Product qualified an the Design Lights Consortium("DLC")Qualified Products List('QPL')when ordered without the backlight control shield RoHS Compliant Meets Buy American requirements within ARRA PATENTS IE.S Files To obtain an IES fllo specific to your project consult Visit s htpV/wwwCree.com/patents for patents that cover these products: fain>/v.N,w.eree<eMughnng/room-ana-eupport/e%mrler-ies<onrgvranan-roal Patents ttp;//www.cree.coMpatents Lumen Output, Electrical,and Lumen Maintenance Data 5700K 4000K TOTAL CURRENT LED Syrtem watts 50K Hours projected Lumen Count Initial Initial 120-090V Maiatenanm Factor (x10) Oelivel Lumens Delivered Lumens 120V 208V 240V 27N 317V 490V C15'C css- )- 02 2286 2107 26 0,20 0.13 1 0.11 1 0.10 0.09 0.07 06 1 6,769 6,239 1 68 0.58 1 0.34 1 0.30 1 0.26 0.20 0.16 10 71,253 10372 111 1 0.95 1 0.55 1 0.47 1 0.42 0.32 0.24 93% \ 14 5.683 14,454 157 1 1.34 1 0.78 1 0.67 1 0.61 0.47 0.35 7 20 22,405 20,649 221 1 1.92 1 1.10 1 0.95 1 0.84 0,65 0.48 02 3.200 2,949 37 0.31 1 019 1 0.17 1 0.16 0.12 0.10 06 9.477 8,734 102 0.87 1 0.50 1 0.44 1 0.39 11 030 1 0.99 92% 10 15.755 14520 172 1,47 1 0.85 1 0.75 1 0.6] 1 In si I 0.38 14 21957 20236 1 233 2.01 114 0.99 1 0,87 1 0.69 0.51 02 3909 3602 sso 0.42 0.25 022 0.20 1 0.15 0.12 90% 06 115]5 10668 1137 118 10.67 0.59 0.511 0,39 029 prejecte0 L,,(ION)Hours:>60,000.For recommended lumen maintenance factor data see 7D-13 ©2012 Cree,Inc.and/or one of its subsidiaries, All rights reserved.For informational purposes only.See www.cree.com/lighting for warranty terms.Cree',the Cree logo,THE EDGE',Beta LED', NoncOptil and Colorfast DeltaGuard'are registered trademarks and the Setal-EDTechnologylogo is a trademark of Cree,Inc.or one of its subsidiaries. www.cree.com/lighting T (800)236-6800 F (262)504-5415 P:"RI � 9899 "� er�eS eVices A"Q r � i ii t i l y t Yid 11 ;} Y�IpzTt " zt�`.ttig tii ii q�t�~le{�" i��i I tit � 4 tip},tij �yi" ]�5 '{&' 1t wet 4i:t{� % l {`( + I Ul t I ti i{ f qgtti t Q f t} ��att u, t ci a a }2j 2 K it 1 t l Y } L< i}t t 1 F ^st. 14 ne �v Sec urity & Safety Proven Source.Proven Solutions" I a mm J X� m m� e 0 Q tll � X Q, W i u or : .Z 0 : f : e JQ s W < os ' ; � o W = mZ .Q W v c Q z I o ' Z c;. _ aL6 W 3 a N U. t X LL Z W n S ��•iiiiOVA ei°iii•iiii•••i•�°�°�°�+i+e+•+e+e+++++++•+•+++ ►eeeeeeee♦♦eeeeeeeee°eeeeeeeeeeeeeee♦ ��••e°•++•+++•++++••++•e•+°+•+•+•+••°°2°�+�+� .►��+���+++�•W'�+�+�+�+�+�+��+�+�+�+�+few'!'°�e0e�•�e���a!•�e�e�e�e�•�e�.i► i►iNii.-.�-- .._ �---■�ii �iiil�.�-®li ►e❖ii❖.•e•.°� ►eei°ieii❖i�►�iii•.�' ►eeeeeeee� ►eeeeeeee�-+e�e� ►°+•ee•+•ee�e•e� ►eee+eee•� oeeo� ►•eeeeeeee� ►eeeee♦♦e� eeee+ �•eeeeeee•e� ►•+°e°eeee•••e•�►e`��•ee°� ►eeeeeee ►+eee�►e��eer•i lown ►�i�ie�i�iee�i� �iti�ie�i�iD�i`►'eD'e��• MA ♦eeeeeee♦ °°++eeee♦ ►ems♦°� ►eeeeeeee� ►ee♦♦eeee� eseee '•�'�'•-°-°-+-e�� w���L'e'N-�'°`�-a-+�-O� •iii°i+i°i°i°i ►+°••+•�i°•e�ii�►•e°ee•i'• ►iiii°i°i°ii°i ►•°+°i0•�O••i'e•i'i•��i�i�i' ►•�°i° IN i°ii"WA ii° !i°i`o°i eeeeeeee♦ ♦ee+eeeee �.�e�< �Oe♦♦eeeeeeeeeeeeeeeeee♦♦eeeeeeeeeele mo ®�a e� t. t FEATURES: opaque Red/Green Lettering • Requires no additional electricity to operate and saves on energycost Field Applied Imotoluminescent • Reliability Chevrons Background • Non-toxic,non-radioactive • Low-cost,easy installation • Designed for surface mounting • Can be used for both high-level and low-level applications Black • Requires virtually no maintenance,periodic inspections,for 25+years Frame • Thin,low profile construction • Consistent,uniform illumination • Visible at 50 feet EXIT hick TECHNICAL INFORMATION: zs^ Sizes:7.5"x 13"x.075" Letter size:.8125"stroke with 6"height Background:PhotolHigh Visibility Green �� Illumination:High Visibility Green ���2 Visibility:50 feet Directional:2 included(Field Applied) Construction:Plastic photoluminescent panel/red or green lettering with black plastic frame Durability:Explosion-proof for areas requiring explosion-proof exit signage TESTS PASSED: ILL 924 Emergency Lighting and Power Equipment Ustedthrough ILL; Meets the(IBC)International Building Code.Meets NFPA Life Safety Code 101 and OSHA requirements;California State Fire Marshal listing#6200-1617:100;City of Los Angeles Research Report:RR25531 (CSI#16530);Ontario Building Material Evaluation Commission Authorization Report BMEC#03-12-291;CCMC Evaluation Report CCMC 13211-R National Research Council Canada LIFE EXPECTANCY: 25+years POWER REQUIREMENTS: NO additional electrical or mechanical source required INSTALLATION: Surface mounted.Before installation it must be determined thatthere is a minimum of 5 Fc offluorescent,metal halide or mercuryvapor light on the face(s)of the sign at all times during building occupancy. APPLICATIONS: Both high-level and low-level Suitable for Floor Proximity Installation catalog# Letter style Letter Color chevrons Jessup Manufacturing Company 7 2- Printed Letters 1-Red 0-With Chevrons ph:815.385.6650 3- Reflective Letters 2-Green (field applied) fax:815.385.0079 included Internet:www.globritesystem.com JESSUP` E-mail:jmc@jessupmfg.com 7 0 (fill in for model 0) ®® Other photoluminescent components of the Glo Brite ' Safety Guidance System include: ; C U� us Glo Brite° Egress Pathway Strips,Glo Brite ° Tape,Glo Brite ' Dots and Arrows, - '"" FISTED Glo Brite' Stripe Tape,Glo Brite ° Safety Track,and Glo Brite ° Safety Signage. JMCKpd REV A Priefert-Cattle-Panels-Rough Stock Panels-Accessories http://www.priefertcom/Products/Cattle/RS—Accessories Search a AS W— ,Ha 3I fbur:mnryoutubc cunvrovprrcferbnfgi[{ 4LER{Bett,mc Deeicr)ITE�RiNLH( ibuut Lyx'Thc Ftmchll THE F.�TIa,]'t-:ibuat_Lix'1'Ia xM1j G'a4AT&R f�>Oh2�CT US [I, ri L/ts/Cattle/Rough- E RULL & LLff frt UST C WrORS 1aA ALLEY ATE This p der-coated This heavy du rolling gate is This heavy d swinging gate Available in multiple alley gned for use designed for se with rank features a s' a piston lever connection configurations, with ough Stock livestock.It' ludes a gravity latch and pr ides access and these connector posts are Pamtain alley safety la to prevent support for Heys built from designed for use with Priefert's strengnsistent width. accide I opening. Rou ock panels. Rough Stock Panels and Gates. I i i roduct V' w Product tew Product View Product (/Proattle/Rough- (/Prod cts/Cattle/Rough- (/Pr ucts/Cattle/Rough- (/Products/Cattle/Rough- Stols-and-Gates Stoc - anels-and-Gates Stock-Panels-and-Gates Stock-Panels-and-Gates ries/rsaf) /Accessories/rsagr) /Accessories/rsags) /Accessories/rscP3) k i I BUSY PAL PATI CAGE OPEN WEEP EXTE IU1�5 BAP ERS $B RS LEY Available i ',2',3',4',and 5' This powder oared adapter Available in ay,3-way,and The the lengths,the extensions can be allows you t connect Rough 4-way co ections,these RS reate the beginning used to a the height of a Stock P s to Prieferfs adapters all for the joining of of an all with"pass through" Rou rock Bow Frame. Palp ion Cage. male pin nnector ends of access r cattlemen to use for 13 Req ' s 2 per frame/gate. Rou Stock Panels. cro ng through the alley. 1 of 3 3/20/2014 3:58 PM Rough Stock Arena Panels http://www.priefert.cOmfPrOducts/Catde/Roping Rodeo-Equipment/... Y FEATURES • Priefert's Rough Stock Panels and Accessories ® Rough Stock Arena Panels offer a full 6'of are our most durable line.As the panel line of height to help discourage livestock from choice for the NFR and the PBR,these jumping on the panels,increasing the products are designed to handle the rankest protection and security for the operator. stock. • Sturdy Rough Stock pin connectors are • Rough Stock Arena Panels are commonly used designed for the high stress crowding to build rodeo arenas,heavy duty crowding applications and allow for quick and secure systems,rodeo back pens,and lead up alleys connections to additional components. to bucking chutes. a Rough Stock Arena Panels feature heavy duty, • These panels are ideal for use when building fully welded vertical stays to provide permanent structures because they are maximum strength and stability. engineered to heavy livestock.handle high stress crowding of heavy li a Architectural Grade Powder Coat Finish with UV inhibitors add years of life to your • The exposed ends of the tubing have been investment by helping the product resist rust, "balled"to close them,leaving a smooth, scratches and fading. rounded ends that are animal safe.Balled ends also keep moisture from getting inside the panel to prevent rust and deterioration of your product from the inside. • Rough Stock Arena Panels feature straight legs with sealed bottoms to prevent moisture from getting inside the panel legs. i i i SPEMATiONS j • Height 72" • Architectural Grade Powder Coat Finish • Number of Rails:6 • Color:Grey • 9.25"spacing between rails (center to center) • All weights are approximate • Constructed from 2"OD 16 gauge tubing i i ELATED PROMM Rough Stock Panels(/Products/Cattle /Sweep-Systems/Rough-Stock- 3 of 5 3/20/2014 3:56 PM Rough Stock Arena Panels looking fora containment system with long life and u 1rttp://www.priefert.cOm/PrOducts/Cattl a/Roping-Rodeo-Fquipment/ Panels on handle the job. ltimate durability,Priefert's Rough Stock Arena Item Number en Ft Wei ht(lbs) # of Sta s Price RSAP72 12' 108 1 i r (/Content/Theme3Amages/Products (/ContentfTheme3/Images/Products /pid/rsap08/pics/large/1 jpg) /pid/rsap08/pits/large/2 jpg) I i I i VIDEOS t I Cattle Handling Equipment All Priefert cattle handling equipment is built to be 'Easy on the Cow,Easyon the Cowboy,"Our squeeze chutes, headgates,and calf table are the best In the industry. i i 2 of 5 3/20/2014 3:56 PM Rough Stock Arena Panels http://www_priefertcOM/Products/Cattle/Ro in -Rodeo- p g FyuipmenU... ,n^ 1 Search q ` ® m 'ar't `"4,• HO, z 5 i ABB T6 Wo 1J9T r. t_ i Act r4a f UORM 'n#" PHOTOS VIDEOS FUTM/SPECS REMATO PROBII6"I'S d� �r i Rough Stock Arena Panels are built to withstand whatever may challenge them,and area great choice for a first class,attractive,durable arena perimeter or set of pens where 6'height and superior strength are needed.As the panel line of choice for the PRCA,the NFR,and the PBR,our Rough Stock Arena Panels are unmatched in their durability.Constructed from 2"OD 16 gauge tubing,these panels are ideal for permanent corrals because they are engineered to handle the high stress crowding of even the rankest stock.These panels stand 6'tall to discourage livestock from jumping on them,increasing the protection and securityfor the livestock handlers.Rough Stock Arena Panels feature straight legs with closed ends and no sharp edges.These"balled ends"are not only a safety feature,but also prevent moisture from getting inside the panel.Heavy duty,fully welded vertical stays further enhance the strength and stability of these panels.The Architectural Grade Powder Coat Finish helps the product to resist rust,scratches,and fading to add years of life to your investment.If you are I of 5 3/20/2014 3:56 PM , � !. , ;. .., ;,; i =. __ , j � � C ='l � - � _. - -_-_ .:,. ..._ ___�___ i i i i * Grainger Consulting, Inc. Fire Protection /Forensic Engineering * Code Consulting 4135 E FAIRVIEW CR. MESA,AZ 85206*480,833.2100*Fax 480.833.2941 *www.g2ingerconsulting.CQM REPORT OF FINDINGS — EXITING — ARENA, PATIO & RESTAURANT PAGE E OF 5 PROJECT: EXITING PLAN—ARENA&RESTAURANT&PATIO GC#2621 DATE: 8 Jan. 2014,rev. 1/15/14, rev 1/23/14 wpl L� CLIENT: a%VICaA f "Mo"Mohiuddin Mehmood SCOTT A Hitching Post — cRaiNCEC.a 2341 N Apache Trail g•® 1/6/14 A 9 Apache Jet.,AZ 85119 q a;nea• `` p• 602.214.5635 Rig �s- dashin@mchsi.com STATEMENT: Exp. 3/31/14 Findings, conclusions, recommendations and opinions that may be presented in this report are: 1. Based on the facts and evidence known to this Engineer as of the date of this report. 2. Apply ONLY to the specific conditions noted for the project. 3. May not be used for any other project or location without the expressed written approval of this Engineer REVISION: The revisions include an occupant load for the Existing Rear Patio, corrections to the site plan to show gate size adjustments, addition of a gate, addition of min. 60"wide smooth non-slip walking surface at patio exit paths (2) and corresponding changes to occupant loads at gates, remove one gate, modify others.Arena occupancy changed to A5, an exit gate added for east side of arena. PURPOSE: Prepare an exiting plan for the proposed Arena and describe the existing exiting arrangement for the Restaurant. PROJECT LOCATION: Hitching Post 2341 N Apache Trail Apache Jct., AZ 85119 1 REPORT OF FINDINGS —EXITING—ARENA, PATIO & RESTAURANT 8 JANUARY 2014, REV 1/15/14, 1/23/14 HITCHING POST GC#2621 APPLICABLE CODES: International Code Council (ICC) ® International Building Code 2006 (IBC) as adopted by City of Apache Junction,AZ REFERENCES: International Code Council (ICC) International Building Code 2006 as adopted by City of Apache Junction, AZ PROJECT DESCRIPTION: The Owner/Client is adding a bull riding arena to the property as described on the attached site plan for the site. This Report of Findings describes the exiting requirements for the Arena and summarizes the existing exiting for the Restaurant. EXISTING CONDITIONS: RESTAURANT: See attached Existing Floor Plan drawing sheet 2 of 2 Occupancy A2 Restaurant No automatic fire sprinklers Total Occupant Load(OL) 99,{IBC Table 1004.1, occupant load(sqft/occupant) for Assembly(no fixed seats) 15 net unconcentrated tables and chairs for eating area, office 100 gross, kitchen 200 gross, storage 500 gross) 3 exit discharges are provided, identified as D 1, D2, D3 however only any two of the exits are required, therefore D3 capacity is not included in the exit capacity. The separation distances between the exits are such that regardless of which pair of exits are selected the separation distance requirements are met. REAR PATIO: See attached Site Plan The rear patio area is existing Occupancy A2 Restaurant Total area is approximately 3,000 sf. OL=200{IBC Table 1004.1, occupant load(sqft/ occupant) for Assembly(no fixed seats) 15 net unconcentrated tables and chairs for eating area}. The use of this OL/sf is considered very conservative. The actual occupancy is expected to be considerably less. There is sufficient exit capacity via gates G3/4 and G2 that the occupants of the patio area do not need to exit through the restaurant building. The occupancy of the patio does not add to the occupancy of the restaurant. ARENA: Occupancy—A5 2 REPORT OF FINDINGS—EXITING—ARENA, PATIO& RESTAURANT 8 JANUARY 2014,REV 1/15/14, 1/23/14 HITCHING POST GC #2621 Total OL 345 based upon an occupant load factor of 0.2 {IBC Table 1005.1,nonsprinklered) There are no specific guidelines for occupancy of A5 occupancy areas for the specific use as a bull riding ring. The arena viewing area for spectators will not have seating. Table 1004.1 provides an occupant load factor for standing areas of 5 sf net(5 sf of surface/standing spectator) which is reasonable for the standing area. See the attached drawing, Existing Site Plan, Sht. 1 of 2. The arena area is described on that sheet. The standing area is assumed to be 10' deep (5 spectators) around the perimeter of the ring that will be accessible to the public which is identified on the drawing. The total area of spectator area shown of approximately 1760 sf has a corresponding occupant load of (1760 sf/5 sf/spectator) 345. The area behind the spectator area is available for vending space and general access by the spectators. No separate occupant load is provided for the vending area because the persons taking advantage of the vendors is assumed to be the spectators from the ring area. As can be seen from the Summary of Exiting section below,there is more than ample exiting capacity in the gates to handle more than 2x the occupant load(OL) attributed to the spectator area and half of the OL from the rear patio. Four gates for use by the general public, G1A, 1B, 2 & 5 are identified on the arena area perimeter fence for use by the general public for access and exiting purposes. Gates G3 &G4 are located on the south end of the Rear Patio area. Other gates shown that provide access to the animal containment and transfer areas and the rider use restricted areas are shown but are not identified. All such gates will be signed and identified as "WARNING, RESTRICTED AREA, NO PUBLIC ACCESS"or similar wording. — The minimum number of exits for the arena area is 3 {IBC 1019.1} with a minimum width of any one exit of 44"for an occupancy of 345. SUMMARY OF EXITING REQUIREMENTS: RESTAURANT: See the attached floor plan for the location of the doors. The total exit capacity of the exits from the restaurant, 850, exceeds the required OL 99. CLEAR CAPACITY DOOR# WIDTH (occupants) NOTES (inches) 1 34 170 Panic hdwe required* 2 68 340 Panic hdwe not required* 3 68 340 Not a required exit, capacity not included in total Total 1 170 1 510 1 Total occupancy is limited to 99 *Panic hardware is not required (IBC 1008.1.8.3) when door has sign posted "THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED" The actual occupancy of the restaurant is 99 which requires a minimum width of 19.8"and two exit doors except that the minimum allowable door width is 36". The restaurant has 3 exit discharge doors with a total width of 170". The diagonal distances between the doors is such that any two sets of door assemblies will provide more than sufficient capacity and separation distance. Two exit doors are required.Doors#1 &2 are shown on the plan as the designated exits.The restaurant has more than adequate exiting capacity. 3 REPORT OF FINDINGS—EXITING—ARENA, PATIO & RESTAURANT 8 JANUARY 2014,REV 1/15/14, 1/23/14 HITCHING POST GC#2621 REAR PATIO: See attached site plan for location of gates.Not all gates shown on the site plan are designated exits. Designated exit gates are those listed below. The total exit capacity of the gates G3/4 and Arena gate 2 is 480 occupants which exceeds the maximum OL conceivable for the patio of 200. 2 exits are required because the OL exceeds 50. The gate combination of 3 /4 and the Arena gate G2 provides the required two exits.No exit load from the restaurant is included because door D3 is not designated as an exit from the restaurant. CLEAR CAPACITY GATE# WIDTH Occupants NOTES (inches) 2 4' (96 240 Panic hdwe rovided fSee Arena 3 4' (48) 240 Panic hdwe providedis gate is in sequence with G4, therefore the capacity e two gates are not additive 4 4'(48) 240 Panic hdwe provided TOTAL 12'(1 44) 480 Total is for G3 and G4 (same path as G5) ARENA: See the attached site plan for location of the gates The total capacity of Gates IA, IB, 2 & 5 (960) exceeds the maximum OL for the arena(345) plus half of the rear patio OL(100) for a total of 445. The exit capacity of the exits from the Arena, 960, is more than adequate. CLEAR CAPACITY GATE# WIDTH Occupants NOTES (inches IA 4' (48) 240 Panic hdwe provided 1B 4' (48 240 Panic hdwe rovided 2 4' (48) 240 Panic hdwe rovided 5 4' (48) 240 Panic hdwe provided TOTAL 18' (216) 960 SUMMARY: It is my professional opinion that, to a reasonable degree of engineering certainty that: Restaurant: • The existing exiting discharges from the building are more than adequate for use by the occupants of the restaurant as they exist. • The existing exiting provisions of the restaurant meet the requirements of the IBC and ADA. Patio: • The exit gates, G2, and G3/4 shown on the site plan will provide more than adequate exit capacity for the maximum occupant load. 4 REPORT OF FINDINGS —EXITING—ARENA, PATIO & RESTAURANT 8 JANUARY 2014, REV 1/15/14, 1/23/14 HITCHING POST GC#2621 • The exiting plan described in the attached site plan describes an exiting plan that meets the requirements/intent of the IBC and ADA. • The patio provides safe and adequate exiting facilities for the occupants as described on the site plan. Arena: • The exit gates, GIA, 1B, 2 & 5, shown on the site plan will provide more than adequate exit capacity for the largest anticipated spectator occupant load plus the maximum possible OL from the Patio. • The exiting plan in the attached drawing describes an exiting plan that meets the requirements/intent of the IBC and ADA . The exits are sized and spaced as though the area was a building. • The arena provides safe and adequate exiting facilities for the spectators and the Patio occupants. PREPARED BY: Scott Grainger, PE Fire Protection Engineer ATTACHMENTS: Drawings 1. Sheet 1 of 2,Arena exiting plan (includes the rear patio) 2. Sheet 2 of 2, Restaurant exiting plan s Pew & Lake, P.L.C. Real Estate and Land Use Attorneys W.Ralph Pew Caddied Real Estate Specialist Sean B.Lake Reese L.Anderson June 4, 2014 Mr.Joel Stern City Attorney City of Apache Junction Apache Junction, AZ 85119 RE: Third Amendment to Economic Development Agreement;The Hitching Post Dear Joel: I have reviewed your email regarding the questions posed at Monday night's City Council Work session. Here are the answers to the following questions: 1) The sound system is portable and will be set up for bull riding events, and securely stored when not in use. While in use, the speakers will be oriented towards the north and northwest only. They will not be facing east. 2) The vendor areas, as indicated on the plans, are not permanent fixtures. They are shown on the site plan merelyto indicate that when a local business(i.e.radio station, promotional,brand marketing or advertising company) wants to put up a table, they will be located against the exterior fences of the property. The tables and chairs used by the vendors will be removed and stored when not in use. 3) The plan does not include seating for spectators. The property owner envisions a casual viewing arrangement in which audience members will stand around the perimeter of the ring and observe the bull riding event. This will provide maximum visibility for the spectators and will eliminate the need for any folding chairs or benches.Spectators at bull riding events are accustomed to standing since the duration of the bull ride itself is extremely short. I hope this answers the questions posed by the Council Members. We will be prepared to make a presentation on this Third Amendment to the Development Agreement before the City Council at the meeting on June 17, 2014. Please let me know if you need further information before then. Sincer , W. Pew Pew& Lake, PLC 1744 South Val Vista Drive, Suite 217 • Mesa Arizona 85204 • 480 461 4670 [phone] - 480 461 4676 [fax] ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. 'Piz File ID: 14-299 Sponsor: Matt Busby Agenda Date: 6/17/2014 Index: In Control: City Council Meeting Presentation, discussion, and possible approval of the Fiscal Year 2014-2015 City Council Legislative Work Plan. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Legislative Work Plan Fiscal Year 2014-2015 DEVELOPMENT OF COMMUNITY 1. Mobile Home Park Property Tax Issues-NEW I Development Services 12 d Quarter Some city council members expressed interest in discussing changing state law regarding property tax issues related mobile homes versus stick built homes.Current state law requires mobile home owners to only pay property tax on the land the homes are on, thus shifting more tax burden on the owners of traditional stick built homes. 2. Lost Dutchman Heights Concept Plan I Development Services 1 3rd Quarter There is a possibility that the Arizona State Land Department (ASLD) may wish to proceed ahead with the City's Planning processes within the next year. Staff will begin reformulation of the previous land plan draft for future Council review and possible approval as a concept plan prior to ASLD auction. This item was carried forward from the FY 13/14 legislative work plan. Status: Planning staff forwarded the concept plan to the Arizona State Land Department(ASLD) Commissioner and city council for review in FY 14/15. Awaiting action from commissioner and city staff is in regular contact with ASLD staff. 3. Landfill Closure Ordinance Amendment I Development Services 1 4tn Quarter City ordinance requires the owner of the landfill to work with the City on a closure plan. Amendments to the ordinance are needed to clarify and define the City's interests regarding the landfill post- closure.This item was carried forward from the FY 13/14 legislative work plan. Status: Staff continues to work with Republic-Allied Waste on a master plan for passive recreational use of the landfill upon closure. Republic recently had a change of staff and is regrouping. We anticipate that a closure plan will be worked out and presented to the City Council in FY 14/15. It appears, however,that closure of the landfill is at least 12 years out and is subject to future economic cycles and Republic's business planning. COMMUNITY INFRASTRUCTURE 4. Storm Water Master Plan I Public Works 14t" Quarter Consideration and possible direction to staff regarding an update of the 2000 Storm Water Master Plan. Due to recent storm events Public Works staff would like to update an existing study that would assist in outlining a systematic approach on addressing drainage and flooding issues within the City.This item was carried forward from the FY 13/14 legislative work plan. Status: The Capital Improvement Plan is scheduled for Council presentation by the consultant in the next several weeks and the City Engineer will be presenting to Council in a few months on drainage related matters such recent changes to the FEMA floodplains& NPDES regulations. Depending on the outcome these presentation, Public Work staff will know whether or not to proceed with the Storm Water Master Plan. 5. School District Intergovernmental Agreement(IGA) I City Manager 11ST Quarter The school district has indicated interest in modifying the City/District arrangement relating to facility use and maintenance.This project would involve significant staff work by the district and city.The city council and school board would ultimately approve written modifications. This item was carried forward from the FY 12/13 legislative work plan. Status: Council directed that a proposal be presented to the District Attorney.The proposal was sent on May 20, 2014. 6. Engineering Standards and Public Works Permit Fees I Public Works 12 d Quarter Consideration of updates to the existing engineering guidelines and public works fees. This item was carried forward from the FY 13/14 legislative work plan. Status: Public Works staff is moving forward with the preparation of recommended updates fees and engineering standards. Anticipated bringing recommendations to City Council FY 14/15. 7. Public Education Plan for Roads- I Marketing and Communications I Vt Quarter City Council directed staff to bring forward a public education plan regarding roadway conditions and funding and also short term funding mechanism utilizing a sales tax increment for the Council to consider. Status: Council discussed this at the April 12 strategic planning session. City Staff is working on a draft education plan with the intent of bringing forward to City Council. 8. Funding Mechanism Roadway Maintenance and Construction- I City Manager 1 2nd Quarter Collections to the Highway Users Revenue Fund continue to decline and maintenance needs for city streets continue to increase. City Council directed staff to bring forward a public education plan regarding roadway conditions and funding and also short term funding mechanism utilizing a sales tax increment for the Council to consider. This item was carried forward from the FY 13/14 legislative work plan. L 'I% Status: Council discussed this at the April 12 strategic planning session. 9. Street and Transportation Strategic Plan I Public Works I Quarter Develop a strategic five to ten year plan for the city's transportation network. This item was carried forward from the FY 13/14 legislative work plan. Status: Once City Council moves forward with a funding mechanism, this plan can be developed and implemented. 10. Dog Park I Parks and Recreation 1 3rd Quarter A location and plan for a dog park has already been accepted by city council but no funding source has been identified. Direct staff to research and identify alternative funding sources to build this park. This item was carried forward from the FY 13/14 legislative work plan. 2 Status: Lack of funding has prevented this priority project from happening. PUBLIC SAFETY 11. Pawn Shop Ordinance Change I Public Safety 1 2nd Quarter Staff is recommending an ordinance change to require pawn shops to utilize an online process to require that all transactions be available by computer to assist the Police Department in their investigations.This item was carried forward from the FY 13/14 legislative work plan. Status: Police and City Clerk staff are working with City Attorney staff on a new draft and will likely present to council in the second quarter of FY 2014-15. THE CITY: INTERNAL ISSUES 12. Marketing and Communications Plan Update— ------ I Marketing/Communications 13rd Quarter It has been several years since the city's communication strategic plan has been updated. The new Public Information and Marketing Team will revamp the plan and bring forward for input from and consideration by the City Council. 13. Broadcast of City Council Meetings— Marketing/Communications I Vt Quarter Some members of the city council expressed interest in discussing live broadcast of city council meetings along with call to the public. Staff will bring forward the item on a future council meeting for discussion. 14. Public Safety Personnel Retirement System— City Manager 1 4`"Quarter There are financial concerns for many of the public pension systems around the country. Concern exists for the Public Safety Personnel Retirement System in Arizona. The objective of this Legislative Work Plan item is to assess the viability of Apache Junction's PSPRS plan and, if needed, develop alternative strategies to ensure its long term financial viability. 15. Expenditure Limitation Altern ves— I City Manager 14`"Quarter Apache Junction has historically gone to the voters for consideration of an alternative expenditure limitation. Under the law,there is also the possibility of going to the voters to consider a permanent adjustment to the city's base limit. Assess this alternative and possibly develop a schedule and plan for seeking voter consideration of the issue. 16. Youth Commission—NEW I City Manager 1 2nd Quarter The City has in the past hosted a Youth Council in concert with the local high school. Staff will bring this item forward to the council for their discussion and consideration. 17. Mobile Stage Use Policy— I Parks and Rec I VY Quarter With the procurement of the Mobile Stage in FY 13/14, staff now needs council input on various uses of the stage. For example: Will the city rent it out?To whom? How much will we charge? 3 18. Parks and Recreation Fee Schedule— - I City Manager 13rd Quarter Every several years it is important for the city to take a look at the market rates and fees. Staff will bring forward a recommendation after researching the market for Parks and Rec fees. 19. Columbus Day Court Closure—NEW I City Magistrate 11ST Quarter Staff is seeking resolution of the City Council encouraging the state legislature to pass legislation that would allow a city council to replace the Columbus Day holiday with the day after Thanksgiving. The reason being the Court will need to be closed again this year to follow state law. 20. Education Regarding Condemnation of Property—NEW I City Attorney 11st Quarter Some members of the city council desire to learn about the legal framework and practice of condemning of property for public use. 21. City Code Changes—Elections I City Clerk 12 d Quarter Amendments to Apache Junction City Code as may be required to bring city code into compliance with mandatory consolidated elections.This item was carried forward from the FY 13/14 legislative work plan. Status: City Attorney and City Clerk have discussed possible language. 22. City Code Changes—Tax Simplification I City Clerk 12 d Quarter Amendments to the Apache Junction City Code as ma be required to bring city code into compliance with state tax simplification legislation.This item was carried forward from the FY 13/14 legislative work plan. Status: Still waiting for the process at the state level to complete. Various committees are working through the tax simplification changes. 23. Tax Code Changes—Tax Simplification I City Clerk 1 2nd Quarter Amendments to Apache Junction Tax Code as may be required to bring tax code into compliance with state tax simplification legislation.This item was carried forward from the FY 13/14 legislative work plan. Status: Still waiting for the process at the state level to complete. Various committees are working through the tax simplification changes. 24. Update Planning and Zoning Administrative Fees I Development Services 1 3rd Quarter Staff will be researching and recommending an update to the administrative fees for planning and zoning applications.This item was carried forward from the FY 13/14 legislative work plan. 25. Corporate Sponsorship Program I Revenue Development 115t Quarter 4 Staff will seek direction from the Council regarding administration and implementation of the corporate sponsorship program.This item was carried forward from the FY 13/14 legislative work plan. Status: Council has heard this item at City Council meetings late in FY 14/15. Staff will continue working on the issue and seek council direction to staff in FY 2014-15. 26. Cable License Agreement I City Manager 13rd Quarter Consideration of a license agreement for cable services provided by Century Link.This item was carried forward from the FY 13/14 legislative work plan. Status: City Attorney prepared a draft license agreement and submitted to Century Link for review. Century Link is still reviewing. 27. Personnel Rules Revision I Human Resources 13rd Quarter City staff will research and bring forward for council's consideration miscellaneous needed revisions to certain practices in the Personnel Rules (e.g. compensatory time conversion). 28. Use Tax I City Manager 14`"Quarter Research and possible consideration of amending the city tax code regarding a city use tax. This item was carried forward from the FY 13/14 legislative work plan. Status: City Council discussed Use Tax at the April 12, 2014 strategic planning session. Staff is prepared to discuss upon council direction to bring forward to a public meeting. 29. Investment Debt Management Policy I Finance 12 d Quarter The city's financial advisor has counseled that the city adopt an Investment and Debt Management Policy. Doing such will assist city staff in the management of their fiduciary duties. This item was carried forward from the FY 13/14 legislative work plan. Status: Staff continues to research and develop a draft policy. 30. Best Value Procurement I City Manager 1 3rd Quarter Members of the city council expressed interest in researching and possible consideration of amending the city purchasing code to allow for awarding bids according to "best value" instead of strictly lowest bid.This item was carried forward from the FY 13/14 legislative work plan. Status: Staff will work to get legal review of this topic and in appropriate will bring forward for council discussion. 31. Water District Incorporation I City Manager 1 2"d Quarter Some members of the city council expressed interest in researching, discussing, and possible consideration of making the Water District a city owned utility.This item was carried forward from the FY 13/14 legislative work plan. 5 32. Sewer District Oversight I City Manager I As Needed Some members of the city council expressed interest in researching, discussing, and possible consideration of increasing oversight of the Superstition Mountain Community Facilities District. This item was carried forward from the FY 13/14 legislative work plan. ECONOMIC DEVELOPMENT 33. Food Truck Vendor Regulations- Economic Development 12 d Quarter As the city seeks to find ways to encourage activity and interest in the downtown,staff has seen many communities that successfully utilize the trend of food trucks to draw crowds in to experience a unique culinary activity/festival. The current city code is extremely restrictive and outdated in terms of food truck trends. If food truck events/festivals are desired to be part of future downtown activities, the code will need to be modified. 34. Special Event Process-NEW I City Manager 12 d Quarter Some members of the city council desire to revisit the special event process.A thorough process was conducted several years ago resulting in a revamping of the process.The current process has been in place almost 2 years. Staff will review the process with the council and seek input and direction on process. 35. Downtown Landscaping-NEW I Economic Development 11't Quarter Resulting from the downtown presentation on May 19, 2014, some members of the city council desire to discuss adding daytime color to the 100%corner and landscaping the median west. 36. Coordination of Economic Development Efforts I Economic Development 12 d Quarter The city has many economic development, tourism, and community outreach resources at its disposal. Council expressed interest in exploring how we better leverage those resources to gain interest in visiting and growing the community, with particular interest showcasing the potential of growth in the Lost Dutchman Heights area. They also expressed the desire to understand and possibly streamline or cross-train city staff's involvement in the different resource areas to provide for a greater ability to respond to any interested parties.This item was carried forward from the FY 13/14 legislative work plan. Status: Staff is participating on the Chamber of Commerce Economic Development and Tourism Subcommittee. Some of the current initiatives include exploring an Arizona Sister City program, Shop Local Discount coupon campaign being spearheaded by the Chamber, discussion of land available for memorials for themed events that support the heritage of Apache Junction (i.e. rock& gem shows, cowboy events, etc.), strengthening our residential neighborhoods that support the local business community, and a more laser focus on outdoor events and venues (our strongest assets) and linking to state parks. Staff also participates with the Superstition Business Owners Group and attempts to share relevant information with a group of businesses who seek to encourage new business development. Staff is active in the Pinal County Open Space initiative and has recently re-engaged with the Friends of the Lost Dutchman State Park board in order to better leverage our community's natural assets and identify ways in which these natural resources can positively impact the region. Staff has submitted as one of our five sites to be included in GPEC's 6 REIT/Developer strategy the Lost Dutchman Heights parcel in hopes to increase the awareness of this project through their wide development network. 37. Bicycling I Economic Development 10 Quarter More than $88 million in economic effects is generated each year from out-of-state bicycle enthusiasts. A recent study by ADOT also found that approximately 39,000 in-state and 14,000 out- of-state participants are involved annually in as many as 250 bicycling events held throughout the state, solidifying Arizona's major role in bicycle tourism. Research and discuss opportunities to further the economic benefit to Apache Junction by exploring the actions our community could take to promote, encourage, and make safer bicycling in and around Apache Junction.This item was carried forward from the FY 13/14 legislative work plan. Status: Staff has been in contact with a company that coordinates cycling events in nearby communities.The company has agreed to tour our community to identify and discuss opportunities related to bicycling. 38. Downtown Events I Economic Development I As Needed Research and discuss opportunities to facilitate bringing additional events into the downtown.This discussion may include creating public space downtown as well as a discussion about improving lighting downtown.This item was carried forward from the FY 13/14 legislative work plan. Status: Considering options for acquisition of public space that could be utilized for downtown events. 39. Downtown Policies I Economic Development I As Needed, 4th Quarter Numerous policies need to be addressed by the city council according to the Downtown Redevelopment and Implementation Strategy adopted on September 21, 2010, including: 1. Business Improvement District—Funding option to continue investments into downtown - Status: Not yet identified as a need, but was mentioned during the strategic planning session as an option for road maintenance/improvements. 2. Funding tourism—Dedicating a portion of the City's Transient Lodging Tax for tourism—Status: Not yet identified as a need, however, some basic data has been recently requested from the tax& licensing division. Depending on what type of information is provided, Council may wish to consider how those dollars might go to help support tourism. 3. Public Art—Process and funding-Status: Staff as written one grant (not-awarded) and are in the process of submitting another grant that will pay for three art sculptures and the paining of the Downtown AJ logo on the newest water tower. Grant application due this month, coordinating with the grants division. 4. City Toolkit—Update to be reflective of what is actually available Status:Yet to do. 5. Infill Incentive District— Update to be reflective of actual incentives—Status: Yet to do. These items were carried forward from the FY 13/14 legislative work plan. 7 ANNUAL LEGISLATIVE ITEMS • Superstition Vistas I City Manager I As Needed The Superstition Vistas project area covers 275 square miles of undeveloped Arizona state trust land on the eastern edge of Phoenix. City council is interested in actively tracking the progress of the long term project and providing input to stakeholders at the state, county, and others. Status: The plan is complete and a preferred scenario has been selected. City staff actively tracks and participates with the group and will keep city council members informed. • Annual Street Maintenance Plan I Public Works I Ft Quarter • Preventive Maintenance Street Projects I Public Works 1 2"d Quarter • Procurement of Fleet/HURF Vehicles I Public Works 1 2"d Quarter • Annual Building Maintenance Projects I Public Works I As Needed • Annual Contract Renewals I Public Works I As Needed • Emergency Operations Planning and Practice I Marketing and Communications 1 2"d Quarter Review, practice, and improve the City's planning and preparedness for community emergencies. Status: Staff is working to organize a table top exercise that will include all parties. • Annual Budget I City Manager 1 4th Quarter • League Resolutions I City Manager 1 4th Quarter Each year the city council has the opportunity to submit or cosponsor resolutions to the League of Arizona Cities and Towns Resolutions Committee. • Apache Junction Visitor Center Contract Renewal/Update I Economic Development 1 3rd Quarter If not a renewal year when the council reviews and considers the continuation of the visitor center services,the chamber will provide the council with an update on the services provided at the visitor's center. • Greater Phoenix Economic Council(GPEC) Contract I Economic Development I Ft Quarter Annually the city council reviews and considers the city's participation in the GPEC, consider the return on investment and hear of GPEC's plans for the coming year, prior to making a decision on contract renewal. 8 ►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: 14-74 Sponsor: Bryant Powell Agenda Date: 6/17/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, June 30, 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. 12. Piz File ID: 14-75 Sponsor: Bryant Powell Agenda Date: 6/17/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. for Tuesday, July 1, 2014. Other meetings if necessary. City of Apache Junction,Arizona Page 1 Printed on 611512026