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HomeMy WebLinkAbout2014 03.31 City Council Work Session Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd. \gilONr Apache Junction,AZ - City Council Work Session 85119 apachejunctionaz.gov Ph:(480)982-8002 Monday, March 31,2014 7:00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1. 14-139 Discussion on appointment of Dr. Camille Hernandez as magistrate pro-tem. Section 5-1-3 of the Apache Junction City Code provides for the appointment of magistrates pro-tem. Dr. Hernandez is a member of the State Bar of Arizona as required by that section. Discussion only. Sponsors: James Hazel 2. 14-153 Discussion on proposed changes to Apache Junction City Code Chapter 5 Muncipal Court. At the October 1, 2013 meeting, council directed staff to make changes to this chapter of the city code. This item allows for discussion of these proposed changes. Discussion only. Sponsors: Kathy Connelly Attachments: 2014 municipal court amendments ws 2014 municipal court 2013 direction 2014 municipal court amendments powerpoint 2014 ch 5 revisions redline 3. 14-165 Presentation and discussion on Resolution No. 14-20, authorizing the city to enter into an intergovernmental agreement with Maricopa County Department of Transportation for the maintenance of Meridian Drive from Southern Avenue to McDowell Road. Presentation and discussion. Sponsors: Shane Kiesow Attachments: Res 14-20 Memo to Council.pdf Resolution No. 14-20.pdf IGA OVL Meridian 3.12.2014-FINAL.pdf City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Work Session Agenda March 31,2014 4. 14-145 Presentation and discussion on request for qualifications for Retail Expansion, Recruitment, and Visitor Impact Analysis. Presentation and discussion. Sponsors: Janine Solley Attachments: Staff Memo RFQ Recruitment Visitor March 2014 5. 14-151 Presentation and discussion on proposed changes to the 2014 City of Apache Junction Personnel Rules, amending only Rule 8 Attendance and Leaves, Section 12 Holidays and Section 13 Birthday Leave. Presentation and discussion. Sponsors: Liz Riley Attachments: 2014 March 19 amended Rule 8 Section 12 and 13.pdf Staff Memo.pdf 6. 14-152 Presentation and discussion of the proposed zoning ordinance update as recommended by the planning and zoning commission on March 11, 2014. Presentation and discussion. Sponsors: Brad Steinke Attachments: 14-03-18(2ndZoneCodeWS-AIT) 7. 14-168 Presentation and discussion on the proposed development fees and the proposed amendment to the development fee ordinance (i.e., Apache Junction City Code, Volume II, Land Development Code, Chapter 7, Development Fees). Presentation and discussion. Sponsors: Brad Steinke Attachments: 14-03-18(DevFeeUpdateWS) Draft Impact Fee Ordinance(3-19-14) 8. 14-163 Discussion on designation of acting mayor under Apache Junction City Code Section 2-2-3. Section 2-2-3 allows the council to designate one of its members to serve as acting mayor in the absence of both the mayor and vice mayor. Discussion only. Sponsors: Kathy Connelly Attachments: city code 2-2-3 acting mayor D. ADJOURNMENT Copies of this agenda and additional information regarding any of the items listed above may be obtained Monday through Thursdays, 7:00a—6:00p, excluding holidays, from the City Clerk's office located at. 300 East Superstition Boulevard,Apache Junction,AZ If any person with a disability needs any type of accommodation, please notify the Human Resources Office, at(480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time. City of Apache Junction,Arizona Page 2 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. 1. Piz File ID: 14-139 Sponsor: James Hazel Agenda Date: 3/31/2014 Index: In Control: City Council Work Session Discussion on appointment of Dr. Camille Hernandez as magistrate pro-tem. Section 5-1-3 of the Apache Junction City Code provides for the appointment of magistrates pro-tem. Dr. Hernandez is a member of the State Bar of Arizona as required by that section. Discussion only. 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: 14-153 Sponsor: Kathy Connelly Agenda Date: 3/31/2014 Index: In Control: City Council Work Session Discussion on proposed changes to Apache Junction City Code Chapter 5 Muncipal Court. At the October 1, 2013 meeting, council directed staff to make changes to this chapter of the city code. This item allows for discussion of these proposed changes. Discussion only. City of Apache Junction,Arizona Page 1 Printed on 611512026 MARCH 18, 2014 MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL MEMBERS THROUGH: GEORGE HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK SUBJECT: PROPOSED AMENDMENTS TO APACHE JUNCTION CITY CODE CHAPTER 5 MUNICIPAL COURT (WORK SESSION, MARCH 31, 2014) At the October 1, 2013 meeting, council directed staff to make changes to City Code Chapter 5 Municipal Court to require that future deputy city magistrates be active members of the Arizona State Bar and whatever other changes might be needed to bring this chapter into compliance with state, federal and local laws. Attached is a copy of the proposed revisions along with a copy of a powerpoint presentation from Judge Hazel. Please let me know if you have any questions. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING IMPLEMENTATION OF A CHARGE FOR ITEMS RETURNED TO THE CITY FROM THE BANK FOR NON-PAYMENT: THAT THEY ESTABLISH A RETURN PAYMENT FEE THAT IS UNIFORM THROUGHOUT THE CITY TO HELP COVER COSTS INCURRED FOR ITEMS RETURNED TO THE CITY FROM THE BANK FOR NON- PAYMENT, PER THE GUIDELINES OF THE ARIZONA REVISED STATUTES. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AMENDMENTS TO CITY CODE CHAPTER 5 MUNICIPAL COURT REGARDING A PROPOSED REQUIREMENT THAT FUTURE DEPUTY CITY MAGISTRATES BE ACTIVE MEMBERS OF THE ARIZONA STATE BAR ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco closed the discussion with no comments and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING AMENDMENTS TO CHAPTER 5 MUNICIPAL COURT REGARDING A PROPOSED REQUIREMENT THAT FUTURE DEPUTY CITY MAGISTRATES BE ACTIVE MEMBERS OF THE ARIZONA STATE BAR: AND IF WE DO THE OTHER NECESSARY UPDATES TO CHAPTER 5 WOULD THAT BE SUFFICIENT? City Clerk Kathleen Connelly stated it would as they are still looking at it. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 30 OF 32 h C� O � o �p � � O o � � O 0 fD N rD r) o -'C:L Dr+ n = r+ rD Orq O -7 7 o C o� r+ I CU � O � O � raj O O CD � n � o CD n raj r+ O CAD � r-+ CD O O Pi (D CD cn I 0 0 a 0 a c� ara • CD o P- o ro � � d � o � o � • ►� o as �- A • cn r+ r+ r+ CD o ►b c� o A� CD CAD � CD cv o 0 0 con 0 0 � �? � O � r-+m �jc JOE" CD � r+ o � CD � o � o O � � � N \�\� ���/ . ��/\. . y � \ « d:� \ ¥ ���� �■:�{ � \�\ ��/ � /�/ � � �\ � � / ■� DRAFT -24_14 ARTICLE 5-1 : MUNICIPAL COURT Section 5-1-1 Municipal court established;jurisdiction 5-1-2 Definitions 5-1-2 3 Presiding magistrate 5-1-4 Qualification of municipal court judges 5 1 5 Offiee of Depu4 CyMagis rate 5-1-5 Hearing officers 5-1-3 6 Magistrate pro-tem 5-1-4 7 Powers and duties of presiding magistrate 5-1-6 8 Proceedings of Court 5-1-7 9 Formation and summoning of juries;juror pay 5-1-8 10 Court personnel § 5-1-1 MUNICIPAL COURT ESTABLISHED; JURISDICTION. There is hereby established in the eity a Mttaieipal Goaft whieh shall have jur-isdietion of all violations of Val. 1, and jur-isdietion eenetiffently with justioes of the peaee of pFeeinets in Whiek the eity is loeated of violations of state and loeal laws eofiHnitted within the eity lifnits. The municipal court is established as a separate, independent branch of city government, which has exclusive jurisdiction of all violations of the city code, and jurisdiction concurrently with justices of the peace of precincts in which the city is located for violations of misdemeanors committed within the limits of the city. § 5-1 -2 -DEFINITIONS. The following words, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1) associate magistrate: a full time termed judge of the city court, appointed by the city council, other than the presiding magistrate. 2) civil traffic hearing officer: a city court employee assigned special duties by the presiding magistrate pursuant to the city code. 3) city magistrate: any judge of the municipal court, including the presiding magistrate, associate magistrate, pro tem magistrate and interim magistrate. 4) disciplinary. ate: action taken by the State Bar of Arizona or the Supreme Court of Arizona, or any other licensing authority for attorneys or judges including reprimand, censure, suspension or disbarment. 5) interim magistrate: a judge appointed by the city council to perform the duties of a presiding magistrate during an absence or vacancy greater than three weeks, but not greater than six months. 6) pro-tem magistrate: a full or part time temporary judge of the city court appointed by the city council or presiding magistrate. 7) presiding magistrate: the full time judge appointed by council, charged with the management and administrative responsibility of the municipal court. § 5-1-3 PRESIDING MAGISTRATE. (A) The presiding officer of the municipal court shall be the presiding magistrate, who shall be appointed by the council for a tefm efa minimum term of two years with the dates of the term to be set by contract. The council may suspend, discipline, or remove any city magistrate as follows: (a) if the judge pleads guilty or no contest, or is found guilty, of a crime punishable as a felony under any laws of this state, another state, or a federal law, or of any other crime that involves moral turpitude under the laws of this state; (b) if the judge has a disability that prevents the judge from performing the essential functions of the position; (c) if the judge engages in actions constituting willful misconduct in office, willful and persistent failure to perform his or her duties, or conduct prejudicial to the administration of justice that brings the judiciary into disrepute; or (d) if the judge is subjected to disciplinary action by the Arizona Supreme Court or State Bar of Arizona. (B) The Presiding Magistrate shall be considered a non-career contract employee after being appointed and all other terms shall be negotiated and set forth in a written employment contract. (C) The city council shall appoint one or more full time magistrate for a term as the city council deems necessary pursuant to this chapter. In the event of an absence or vacancy in the 2 position of presiding or associate magistrate, council may appoint an interim magistrate who must meet all of the requirements as a city magistrate. § 5-1-4 - QUALIFICATIONS OF CITY MAGISTRATES. (a) Every magistrate shall: (1) be an active member of the State Bar of Arizona in good standing for at least five years prior to appointment; (2) have no discipline by any State Bar or State Supreme Court for a period of ten years prior to appointment. § 5-1 -5 -HEARING OFFICERS. (a) Civil traffic hearing officers shall: 1) be assigned to one or more employees of the magistrate court at the discretion of the presiding magistrate. 2) meet the qualifications established by the Arizona Supreme Court for such officers to be eligible for the special assignment. 3) have the authority to hear cases involving civil traffic matters arising under state law or city code, cases involving orders of protection, injunctions against harassment, and such other civil cases as may be authorized by law. 4) not receive additional compensation for performing such duties. § 5-1-6 MAGISTRATE PRO-TEM. (A) In the absence of the presiding magistrate, or in those instances where the presiding magistrate has been disqualified by the action of the prosecution, defendant, recusation on the part of the presiding magistrate or other cause, the presiding magistrate of the municipal court may assign such action to a deptAy eit-y magistrate e the se v of magistrate pro-tem to hear such action. (B) Magistrates pro-tem shall be appointed by the Mayof and couneil o the presiding magistrate as r-eeemmended by the presiding ;s, ate (C) Magistrates pro-tem shall be active members of the State Bar of Arizona. § 5-1-7 POWERS AND DUTIES OF PRESIDING MAGISTRATE. The powers and duties of the presiding magistrate shall include: (A) The power-s—and dutiesthose set forth and conferred upon the magistrate under the provisions of the state constitution and statutes, administrative orders of the State Supreme Court or Superior Court, Vol. 1, and the ordinances and resolutions of the city; 3 (B) the keeping of a docket in which shall be entered each action and the proceedings of the court therein; (C) responsibility over fixing and receiving all bonds and bails and receiving all fines, penalties, fees and other monies as provided by law; (D) payment of all fines, penalties and other monies collected by the court to the city finance director or his or her designee; (E) monthly report submittal to the Mayef-and council summarizing court activities; (F) preparation of a schedule of traffic violations, not involving the death of a person, listing specific bail for each violation; (G) supervision of the judicial and internal administrative functions of the municipal court in a professional manner utilizing appropriate management techniques to organize and direct the efficient operation of the court; (H) department director status as a non-career employee under the Apache Junction Personnel Rules, and shall as any director, manage municipal court employee grievance procedures, termination, evaluation or other personnel related matters; (I) delegation of duties and responsibilities to and supervision of magistrates pro-tem DeptA City Magistrates and other judicial and non judicial personnel as necessary who directly affect the operation of the court; (J) establishment and implementation of proper case management techniques and standards; (K) determination of judicial assignments for each magistrate pro-tem Deputy City Magistr-ates and within guidelines established by council, establishment and maintenance of standard working hours and times to effectively discharge these assignments; (L) establishment and implementation of standards and parameters for indigence screening and guidelines for dote,.,,.,inatie finds genee for-the purpose of appointing defense counsel; (M) establishment of specific parameters within the bounds of the law and sound management practice, under which a defendant shall be granted the time to pay monetary sentences imposed, and authority to specify the standards for establishment of payment amounts; (N) exclusive supervisory authority over all court personnel while such personnel are performing work for the court, including but not limited to the court administrator, clerical support, courtroom support staff, and bailiffs and security screeners; (0) exercising of administrative supervision over the court in accordance with the principle of judicial independence under the doctrine of separation of powers as defined in the Arizona State Constitution, Article III; 4 (P) exercising similar other administrative authority as necessary to maintain and enhance the ability of the court to do justice for all who come before the court; (Q) cooperation and coordination with the presiding superior court judge(s) concerning the administration of the municipal court; and (R) keeping in custody and taking charge of and safely keeping and disposing of, according to court rules, all books,papers and records which may be filed or deposited in custody; destruction of all documents, records, instruments, books, papers, dispositions, exhibits and transcripts in any action or proceeding in the municipal court or otherwise filed or deposited in custody pursuant to rules established by the Supreme Court, and notification to the appropriate state office for records retention. , of designated dest,uetio pursuant t uA ,-„low The state library shall have the eppeAtmity in a time pr-eser-ibed by the eetH4 te review and inspeet these feeefds. Dtifing this time pefied, t state libr-afy may r-emove any of these r-eeer-ds for-storage and r-etfieval.- (n) The nffiee of Dep ity City Magistr-ate is er-e ted. (B) Within this offiee shall be Deputy City Magistr-ates whe shall be appointed if+ eenfefmanee with sta4e law by the Couneil. (G) The Mayer- and Couneil may appoint more than 1 Deputy City Magistrate to asstue t eoatifmed operation of the Mtmieipal Gout4 in the absenee of the Presiding Magistrate—, "ies of the Pfesiding Magistrate in stieh manner-as the Mayor-and Gotineil shall d (E) Eaeb Depttty City Magistr-ate shall be paid $600 per- year-plus the hour-ly rate ettstomafi4y paid to those individuals providing sueh setwiees. § 5-1-8 PROCEEDINGS OF COURT. (A) The proceedings shall be conducted in accordance with the Arizona State Constitution, applicable state statutes and rules of the State Supreme Court pertaining to pelic-e municipal courts. The proceedings shall also be conducted in accordance with the Rules of Criminal Procedure for the Superior Court and Arizona Revised Statutes Titles 13 and 22 including the provisions regarding filing complaints, bail, issuance of subpoenas, summons, warrants and punishment for disobedience so far as applicable and when not otherwise prescribed. property as to enable the defendan4 to tinder-stand distinetly the ehar-aeter- of the off-ens-e eemplained of and to answer-the eemplain4. (G) if the Magistr-a4e is satisfied that the offense eemplained of has been e0mmitted by per-son ehar-ged, he or- she shall issue a sununeas or- a waffant of affest. Before issuing—a the state setting for-th the offense charged with and sueh par-tieular-s of time, plaee, per-son and summons or- waffaf4 of an-7est on a complaint, the magistfate may stibpoena and examine witnesses as to the 4+Ah of the eemplaint. (D) The defendant, at any time after- if > and before eenvietion, shall be admitted to bail, bailable. (B) The magistrate shall cause to be prepared a schedule of criminal traffic or misdemeanor violations not involving the death of a person or any felony traffic offense, listing specific bail for each violation. (C) The magistrate shall cause to be prepared a schedule of civil traffic violations, listing a specific deposit for each violation. (D) When the defendant pleads guilty or is convicted either by the court or by a jury, the court shall pronounce judgment on the plea or verdict. (E) A sentence of a fine, imprisonment or both, and other things such as probation, community restitution, victim restitution, counseling and screening and other appropriate requirements, may be pronounced at the time of sentencing and shall be included in the judgment. (F) If the court sentences the defendant to pay a fine, and the defendant fails to comply with the order, the court, after a hearing, may order that the defendant receive credit toward payment of the fine for jail time served as determined by state law a4 a m;,,;ni,,,Y, of$1 of the fine for each day of imprisonment. (G) The sentence shall not extend beyond the term of imprisonment for which the defendant might be sentenced for the offense of which the defendant has been found guilty. (H) A sentence and judgment that the defendant pay a fine, with or without the alternative of imprisonment, shall constitute a lien such as which can typically be ordered in a in like man as a iidgme t f,.money roraor civil action. § 5-1-9 FORMATION AND SUMMONING OF JURIES; JUROR PAY. (A) The formation and summoning of juries and drawing and disposition of names and impaneling of jurors in municipal court shall be done in the same manner as provided for by law in courts of record, or as permitted by A.R.S. § 21-331, and as may be amended from time to time. (B) Each juror shall be paid by the city for each day in attendance in the municipal court a sum as provided for in state statutes for payment of jurors, as may be amended from time to time. § 5-1-10 COURT PERSONNEL. (A) The authority of the presiding magistrate for making decisions regarding the overall function of the court applies to decisions concerning handling of court mail and records, hiring, supervision, discipline and dismissal of court personnel, provided that decisions regarding hiring, 6 supervision and dismissal of court personnel are consistent with the municipal court personnel policy. Personnel rules adopted by the city for the employment, grievance procedures, termination, sick leave, overtime, vacation time and other items are applicable to employees of the municipal court, unless otherwise stated in a written policy approved by the presiding magistrate. In employing additional personnel, the existing city personnel procedures shall be followed. The presiding magist-Fate shall have exeltisi . Lry authority ever- all ee personnel while the personnel are pe4ofmingeFk the eou However-, non „thee,l In related mattefs as designmed in those pelieies. by the Mayor-and eetineit. ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. 'PizoN►' File ID: 14-165 Sponsor: Shane Kiesow Agenda Date: 3/31/2014 Index: In Control: City Council Work Session Presentation and discussion on Resolution No. 14-20, authorizing the city to enter into an intergovernmental agreement with Maricopa County Department of Transportation for the maintenance of Meridian Drive from Southern Avenue to McDowell Road. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 PPpCHE✓ Public Works Department U Z Home of the Superstition Mountains '9RIZONP Date: March 12, 2014 To: Mayor and Members of the City Council Through: George Hoffman, City Manager Giao Pham, P.E., Public Works Director From: Shane Kiesow, Public Works Manager Subject: Intergovernmental Agreement with Maricopa County Department of Transportation Maricopa County Department of Transportation (MCDOT) performed a field investigation of Meridian Drive between Southern Avenue and McDowell Road, and identified this road segment as one needing paving improvements. MCDOT approached city staff with the project with the hopes that the city would partner with MCDOT on the project. The total project cost is currently estimated to be $667,349. The county and the city will each be responsible for fifty percent (50%) of the cost. The County will act as lead agency for all aspects of the project, including design and construction. The city will be invoiced one-half of the city's estimated cost contribution not before July 1, 2015 and invoice the City for the remaining balance not before July 1, 2016. The city does have the option to pay before the end of the current fiscal year. MCDOT and city staff developed the enclosed IGA for city council's consideration. This agreement will allow the city to participate in pavement improvements along a major road corridor along the west boundary of the city with the assistance of MCDOT funds. 575 E. Baseline Ave., Apache Junction AZ 85119 T (480) 982-1055 • F (480) 982-8005 RESOLUTION NO. 14-20 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF MERIDIAN DRIVE FROM SOUTHERN AVENUE TO MCDOWELL ROAD. WHEREAS, A.R. S . § 11-951 and 28-6701 et seq. authorize Maricopa County (the "County") to layout, maintain, control and manage public roads within the County; and WHEREAS, A.R. S . § 11-951 et seq. authorizes public agencies to enter into intergovernmental agreements for the provision of services or for joint or cooperative action; and WHEREAS, the County has scheduled Meridian Drive to receive an overlay from Southern Avenue to Brown Road (2 . 6 miles) and a chip seal from Brown Road to McDowell Road (1 . 0 mile) in fiscal year 2015 (the "Project") ; and WHEREAS, both the City and the County recognize that the installation of the Project is beneficial to the traveling public and area residents; and WHEREAS, the purpose of this Agreement is to identify and define both the City' s and the County' s respective obligations and responsibilities concerning the installation and maintenance of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS : 1) The Mayor and City Council approve the intergovernmental agreement between the City and the County, attached hereto as Attachment A, and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) The City Manager or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. RESOLUTION NO. 14-20 Page 1 of 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF SIGNED AND ATTESTED TO THIS DAY OF , 2014 . JOHN S . INSALACO Mayor ATTEST : KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-20 Page 2 of 2 INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF APACHE JUNCTION FOR MAINTENANCE OF MERIDIAN ROAD FROM SOUTHERN AVENUE TO MCDOWELL ROAD (TT# 468) (C-64-14- -M-00) This Intergovernmental Agreement ("Agreement") is between the County of Maricopa, a political subdivision of the State of Arizona ("County"), and the City of Apache Junction, an Arizona municipal corporation ("City"). The County and City are collectively referred to as the Parties or individually as a Party. This Agreement shall become effective as of the date it is approved by the Maricopa County Board of Supervisors and the Mayor and City Council of the City of Apache Junction. STATUTORY AUTHORIZATION 1 . A.R.S. Section 11-251 and Sections 28-6701 et. seq. authorize the County to lay out, maintain, control and manage public roads within the County. 2. A.R.S. Sections 11-951 et. seq. authorize public agencies to enter into Intergovernmental Agreements for the provision of services or for joint or cooperative action. 3. A.R.S. Section 9-240 and Sections 9-276 et. seq. authorize the City to lay out and establish, regulate and improve streets within the City and to enter into this Agreement. BACKGROUND 4. The County has scheduled Meridian Road to receive an overlay from Southern Avenue to Brown Road (2.6 miles) and a chip seal from Brown Road to McDowell Road (1.0 mile) in fiscal year 2015 (the "Project"). 5. It is anticipated that the County will initiate the design and construction of the Project in fiscal year 2015. Page 1 of 8 6. The total Project cost, including design, construction and construction management costs, is currently estimated to be $667,349. The County will be responsible for fifty percent (50%) of the cost, and the City will be responsible for fifty percent (50%) of the cost. PURPOSE OF THE AGREEMENT 7. The purpose of this Agreement is to identify and define the responsibilities of the County and City for the Project, including cost sharing for design, construction and construction management. TERMS OF THE AGREEMENT 8. Responsibilities of the County: 8.1 Act as the lead agency for all aspects of the Project. 8.2 Coordinate with the City for all phases of the Project. 8.3 Provide to the City a set of project related maps and specifications. 8.4 Contribute fifty percent (50%) of the funding for the Project. 8.5 Design and construct the Project to County standards. 8.6 Submit copies of the County's plan submittals to the City for review and comment. 8.7 Invoice the City for one-half of the City's estimated cost contribution not before July 1, 2015 and invoice the City for the remaining balance not before July 1, 2016. 8.8 Request no cost permits from the City for work done within the City's right-of- way. 9. Responsibilities of the City: 9.1 Coordinate with the County for all phases of the Project. 9.2 Contribute fifty percent (50%) of the funding for the Project. 9.3 Remit payment to the County for within thirty (30) days of receipt of an invoice from the County. Page 2 of 8 9.4 If the City determines that the City funds will be available for this project prior to the fiscal year, the City will notify the County of the advanced availability of funds. The County will then invoice City for its share of Allowable Project Costs within the fiscal ear of advanced availability. The City will remit payment within 30 days of receiving an invoice. 9.5 Review the County's plan submittals and respond to the County with comments within ten (10) working days of receipt. 9.6 Issue no cost permits to the County for work done within the City's right-of-way. GENERAL TERMS AND CONDITIONS 10. By entering into this Agreement, the Parties agree that to the extent permitted by law, each Party will indemnify, defend and save the other Parties harmless, including any of the Parties' departments, agencies, officers, employees, elected officials or agents, from and against all loss, expense, damage or claim of any nature whatsoever which is caused by any activity, condition or event arising out of the negligent performance or nonperformance by the indemnifying Party of any of the provisions of this Agreement. By entering into this Agreement, each Party indemnifies the other against all liability, losses and damages of any nature for or on account of any injuries or death of persons or damages to or destruction of property arising out of or in any way connected with the performance or nonperformance of this Agreement, except such injury or damage as shall have been caused or contributed to by the negligence of that other Party. The damages which are the subject of this indemnity shall include but not be limited to the damages incurred by any Party, its departments, agencies, officers, employees, elected officials or agents. In the event of an action, the damages which are the subject of this indemnity shall include costs, expenses of litigation and reasonable attorney's fees. 11 . City and County 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 or County to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code or County Ordinance), 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. Page 3 of 8 12. Neither City nor County, 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 consultants 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 Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by County in connection with the Project. 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. 13. This Agreement shall become effective as of the date it is approved by the Maricopa County Board of Supervisors and the Mayor and City Council of the City of Apache Junction and remain in full force and effect until all stipulations previously indicated have been satisfied except that it may be amended upon written Agreement by all Parties. Any Party may terminate this Agreement upon furnishing the other Party with a written notice at least thirty (30) days prior to the effective termination date. 14. This Agreement shall be subject to the provisions of A.R.S. Section 38-511 . 15. The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and further acknowledge that: 15.1 Any contractor or subcontractor who is contracted by a Party to perform work on the Project shall warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. Section 23-214(A), and shall keep a record of the verification for the duration of the employee's employment or at least three years, whichever is longer. 15.2 Any breach of the warranty, shall be deemed a material breach of the contract contract that is subject to penalties up to and including termination of the contract. Page 4 of 8 15.3 The Parties retain the legal right to inspect the papers of any contractor or subcontractor employee who works on the Project to ensure that the contractor or subcontractor is complying with the warranty above and that the contractor agrees to make all papers and employment records of said employee available during normal working hours in order to facilitate such an inspection. 15.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or employee of the Parties to this Agreement. 16. Each Party to this Agreement warrants that neither it nor any contractor or vendor under contract with the Party to provide goods or services toward the accomplishment of the objectives of this Agreement is suspended or debarred by any federal agency which has provided funding that will be used in the Project described in this Agreement. 17. Each of the following shall constitute a material breach of this Agreement and an event of default ("Default") hereunder: A Party's failure to observe or perform any of the material covenants, conditions or provisions of this Agreement to be observed or performed by that Party ("Defaulting Party"), where such failure shall continue for a period of thirty (30) days after the Defaulting Party receives written notice of such failure from the non-defaulting party provided, however, that such failure shall not be a Default if the Defaulting Party has commenced to cure the Default within such thirty (30) day period and thereafter is diligently pursuing such cure to completion, but the total aggregate cure period shall not exceed ninety (90) days unless the Parties agree in writing that additional time is reasonably necessary under such circumstances to cure such default. In the event a Defaulting Party fails to perform any of its material obligations under this Agreement and is in Default pursuant to this Section, the non- defaulting party, at its option, may terminate this Agreement. Further, upon the occurrence of any Default and at any time thereafter, the non-defaulting party may, but shall not be required to, exercise any remedies now or hereafter available to it at law or in equity. 18. All notices required under this agreement to be given in writing shall be sent to: Maricopa County Department of Transportation Attn: Intergovernmental Liaison 2901 W. Durango Street Phoenix, Arizona 85009 City of Apache Junction Public Works Department Attn: Emile Schmid 300 E Superstition Boulevard Apache Junction, Arizona 85119 Page 5 of 8 all notices required or permitted by this Agreement or applicable law shall be in writing and may be delivered in person (by hand or courier) or may be sent by regular, certified or registered mail or U.S. Postal Service Express Mail, with postage prepaid, and shall be deemed sufficiently given if served in a manner specified in this paragraph. Either Party may by written notice to the other specify a different address for notice. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. If sent by regular mail, the notice shall be deemed given 72 hours after the notice is addressed as required in this paragraph and mailed with postage prepaid. Notices delivered by U.S. Postal Service Express Mail or overnight courier that guarantee next day delivery shall be deemed given 24 hours after delivery of the notice to the Postal Service or courier. 19. This Agreement does not imply authority to perform any tasks, or accept any responsibility, not expressly stated in this Agreement. 20. This Agreement does not create a duty or responsibility unless the intention to do so is clearly and unambiguously stated in this Agreement. 21 . This Agreement does not grant authority to control the subject roadway, except to the extent necessary to perform the tasks expressly undertaken pursuant to this Agreement. 22. Any funding provided for in this Agreement, other than in the current fiscal year, is contingent upon being budgeted and appropriated by the Maricopa County Board of Supervisors and the Apache Junction City Council in such fiscal year. This Agreement may be terminated by any Party at the end of any fiscal year due to non-appropriation of funds. 23. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assignees. Neither Party shall assign its interest in this Agreement without the prior written consent of the other Party. 24. This Agreement and all Exhibits attached to this Agreement set forth all of the covenants, promises, agreements, conditions and understandings between the Parties to this Agreement, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between the Parties other than as set forth in this Agreement, and those agreements which are executed contemporaneously with this Agreement. This Agreement shall be construed as a whole and in accordance with its fair meaning and without regard to any presumption or other rule requiring construction against the party drafting this Agreement. This Agreement cannot be modified or changed except by a written instrument executed by all of the Parties hereto. Each party has reviewed this Agreement and has had the opportunity to have it reviewed by legal counsel. 25. The waiver by any Party of any right granted to it under this Agreement is not a waiver of any other right granted under this Agreement, nor may any waiver be deemed to be a waiver of a subsequent right obtained by reason of the continuation of any matter previously waived. Page 6 of 8 26. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law, but if any provision shall be invalid or prohibited under the law, such provision shall be ineffective to the extent of such prohibition or invalidation but shall not invalidate the remainder of such provision or the remaining provisions. 27. Except as otherwise provided in this Agreement, all covenants, agreements, representations and warranties set forth in this Agreement or in any certificate or instrument executed or delivered pursuant to this Agreement shall survive the expiration or earlier termination of this Agreement for a period of one (1) year. 28. Nothing contained in this Agreement shall create any partnership, joint venture or other agreement between the Parties hereto. Except as expressly provided in this Agreement, no term or provision of this Agreement is intended or shall be for the benefit of any person or entity not a party to this Agreement, and no such other person or entity shall have any right or cause of action under this Agreement. 29. Time is of the essence concerning this Agreement. Unless otherwise specified in this Agreement, the term "day" as used in this Agreement means calendar day. If the date for performance of any obligation under this Agreement or the last day of any time period provided in this Agreement falls on a Friday, Saturday, Sunday or legal holiday, then the date for performance or time period shall expire at the close of business on the first day thereafter which is not a Friday, Saturday, Sunday or legal holiday. 30. Sections and other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 31 . This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. Faxed, copied and scanned signatures are acceptable as original signatures. 32. The Parties agree to execute and/or deliver to each other such other instruments and documents as may be reasonably necessary to fulfill the covenants and obligations to be performed by such party pursuant to this Agreement. 33. The Parties hereby agree that the venue for any claim arising out of or in any way related to this Agreement shall be Maricopa County, Arizona. 34. This Agreement shall be governed by the laws of the State of Arizona. 35. Unless otherwise lawfully terminated by the Parties, this Agreement expires upon completion and acceptance of the Project and fulfillment of all terms of the Agreement. End of Agreement- Signature Page Follows Page 7 of 8 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. MARICOPA COUNTY CITY OF APACHE JUNCTION Recommended by: Recommended by: John B. Hauskins, P.E. Date George Hoffman Date Transportation Director City Manager Approved and Accepted by: Approved and Accepted by: Denny Barney, Chairman Date John Insalaco Date Board of Supervisors Mayor Attest by: Attest by: Fran McCarroll Kathy Connelly Clerk of the Board Date City Clerk Date APPROVAL OF DEPUTY COUNTY ATTORNEY AND CITY ATTORNEY I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the Agreement to be in proper form and within the powers and authority granted to the Parties by their respective governing bodies under the laws of the State of Arizona. Deputy County Attorney Date Richard Joel Stern City Attorney Date Page 8 of 8 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.4. Piz File ID: 14-145 Sponsor: Janine Solley Agenda Date: 3/31/2014 Index: In Control: City Council Work Session Presentation and discussion on request for qualifications for Retail Expansion, Recruitment, and Visitor Impact Analysis. Presentation and discussion. Staff will present the plan to release a Request for Qualifications for Retail Expansion, Recruitment, and Visitor Impact Analysis. Procurement of such professional services to conduct this analysis will assist the city in growing our commercial/retail sales segment as a key priority for the downtown and our community. While this item is already approved in the Economic Development FY 13/14 budget, staff will seek formal Direction to Staff at council's April 1, 2014 meeting. City of Apache Junction,Arizona Page 1 Printed on 611512026 rM M� DATE: March 17, 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 Recruitment, Demographics, Visitor Impact Consultant Continuing to grow our commercial/retail sales segment is a key priority for our downtown and our community. It directly impacts our citizens' quality of life by offering them more "local" retail and service shopping/buying opportunities. Likewise, this market segment provides vital revenue to City government to provide basic services to our residents. By developing a proposal for retail recruitment services, staff is seeking to tap into additional sources of data not otherwise available to our internal retail marketing efforts. An initial step is to work with a consultant that can effectively quantify the "retail leakage" of goods and services across multiple product and service sectors. These would include categories of items that are not available for purchase here, or are available in such limited selection that local shoppers choose to make those purchases outside Apache Junction. From this analysis, staff would then seek to work with the consultant to implement an aggressive recruitment program that identifies key sites and matches them with retailers whose profile best fits our needs. We anticipate the consultant will work closely with us on developing targeted marketing materials and assist us in our retail recruitment program. The consultant would have a highly respected regional or national reputation for success in working with client communities and retail/service prospects. This particular point is critical in establishing the credibility of our market data as we jointly approach the retail service providers that are targeted for recruitment to our city. We also believe this effort will have significant interest within our local business community. In addition to having detailed data that may help with product and service expansion choices, it can be a great tool for developers and commercial real estate brokers as well. This type of data can help them more effectively attract retail service providers to available properties or sites within our city. When selecting the consultant, in addition to staff, we anticipate some members of the business community participating in the screening process of consultants selected for interviews and ultimately making the recommendation to Council for these professional services. An additional component of these retail recruitment services will be to gather data on the winter visitor impact in and around Apache Junction. We've long made assumptions about how many people visit the area, where they come from, how long they stay, etc., so insight into this type of information would be helpful in determining if or how we should implement a tourism marketing strategy. In addition, the timeliness of this data could provide an opportunity to introduce our community to the retailers who gather for the western or national retail trade show events hosted by ICSC (International Council of Shopping Centers). The data will help tell the story to retailers and give them a glimpse into the makeup of our community and the types of opportunities that exist. Our intention will be to also share all of the data and information with the community. We will post the results to our website for easy access and display in such a way that potential new business can easily research expansion opportunities in Apache Junction. You may recall the first time a retail data collection analysis of this scope was issued was in 2007 with a complete report delivered in summer 2008. In spring of 2012 a very abbreviated update to some of the basic demographics was completed to refresh some basic elements. Seven years ago when the initial analysis was completed, the consultation fee was $48,000. The 2012 update was $5,000. It is anticipated that a complete analysis with the addition of a winter visitor impact component will run between $50,000 — $65,000. This is an approved budgeted item in the Economic Development budget for FY 13/14. 1 will present to council on March 31 st for their Work Session and seek Direction to Staff at their April 1st meeting. ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 5. �Piz ON* File ID: 14-151 Sponsor: Liz Riley Agenda Date: 3/31/2014 Index: In Control: City Council Work Session Presentation and discussion on proposed changes to the 2014 City of Apache Junction Personnel Rules, amending only Rule 8 Attendance and Leaves, Section 12 Holidays and Section 13 Birthday Leave. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 Section 12. Holidays The City may observe the following holidays: 1. "New Year's Day" 2. Third Monday in January,-"Martin Luther King,Jr./Civil Rights Day" 3. Third Monday in February, "President's Day" 4. Last Monday in May, "Memorial Day" 5. "Independence Day" 6. First Monday in September, "Labor Day" 7. Second Monday in October, "Columbus Day" 8. "Veterans Day" 9. "Thanksgiving Day" 10.The Day After Thanksgiving Day 11."Christmas Day" To observe a holiday means to close City Hall and City administrative offices. The observed holiday may or may not be a paid holiday.When City observed holidays fall on a Friday, the preceding Thursday will be considered the holiday. When City observed holidays fall on a Saturday,the preceding Friday will be considered the holiday. When an observed holiday falls on a Sunday,the following Monday will be considered the holiday. Public Safety and other employees may be required to be on duty for City observed holidays. Each year,on or before June 1st,the City Manager posts a list of observed holidays and indicates which holidays are eligible for holiday pay. The City allocates900 holiday hours annually to full time employees, and 55 annually to Deleted:sa part time employees (20 hours or more per week); holiday hours in excess of those Deleted:55 designated for paid City holidays will be converted to personal leave hours and will be Deleted: deposited in the employee's personal leave bank. The holiday hours deposited into the personal leave bank shall be approved for use at such time that is mutually agreeable to the employee and the employee's supervisor. Personal leave hours will not be available for use on an unplanned or call-in basis. Personal leave hours not used by June 30th of each year will be forfeited. In addition,all personal leave hours remaining, but not taken prior to the last day of employment with the City, shall be forfeited. For those holidays eligible for holiday pay, the employee must be on pay status their scheduled day before and day after the holiday. This means if an employee is on leave without pay or in any other no pay status he/she will not be paid for the holiday. Section 13. Birthday Leave Full time employees working 32 or more hours per week are given hours equivalent to one regularly scheduled work day to be used as birthday leave. Full time employees must use birthday leave as a full day absence.Pert time employees working between Deleted:eight(8)hours and 24 and 31 hours per week are given five(5)hours on July 1st of the year to be used as Deleted:p Birthday Leave. Prior to taking birthday leave, an employee shall obtain approval from his/her department director.The leave may be taken at a time mutually agreed to between the employee and the department director or his/her designee. Employees are encouraged to use their birthday leave hours within 30 days of their birthday, however if birthday leave hours are not used by the end of the fiscal year in which they were granted,they will be lost, birthday leave hours are not carried over. Section 14. Rest Periods Employees may be granted two separate rest periods of fifteen (15)minutes each during a work shift. Rest periods shall be counted as time worked. Rest periods shall not be combined or used to provide an extended rest or lunch period or shorten the workday. Compensatory time or overtime pay shall not be granted for rest periods not received or taken or for work performed during the rest period. o� PpAGNf fGti � O '9h'12dtA To: The Honorable Mayor and City Council Through: George Hoffman, City Manager* From: Elizabeth H. Riley, Human Resources Director Date: March 18, 2014 Subject: Proposed Holiday and Birthday Leave amendments to the Personnel Rules You are being presented with proposed revisions to Rule 8. Attendance and Leaves, Sections 12 Holidays and 13 Birthday Leave from the 2013 Personnel Rules. The proposed revisions align the City's practice of observing nine(9)holidays. The specific proposed changes are outlined in the below table and in the attachment. General Change to the Rules: Date Change: 2013 to 2014 The specific proposed revisions are: Rule Section Revision Summary 8 12. Holidays Add: When City This allows the Attendance and observed M-Th 4/10 Leaves holidays fall on a schedule to Friday, the observe a holiday preceding that falls on a Thursday will be Friday and considered the receive Holiday holiday pay Elizabeth H.Riley Director of Human Resources City of Apache Junction 300 E.Superstition Blvd. Apache Junction,AZ 85119 Office Hours:M-Th 7:00 AM—6:00 PM Service Over and Above the Rest Change 88 Provides for full *The M-F 5/8 holiday homy to day holiday pay schedule will 90 for M-Th 4/10 receive 72 hours schedules for of holiday pay City observed and be Holidays- supplemented alleviates with 18 hours of supplementing personal leave. with vacation or personal leave* Section 13. Add to first Rather than give This is consistent Birthday Leave sentence: ...hours 8 hours and have with the City's equivalent to one the 4/10 schedule intent to provide regularly supplement with the employee scheduled work vacation time with his/her day to be used as each employee birthday as a birthday leave will get the non-work day equivalent of a work day to absent themselves from work on their birthday Add: full time This is consistent employees must with current use the birthday practice. leave as a full Employees are day absence currently not allowed to break their birthday leave into smaller units, their birthday leave must be taken as a full day I am hopeful that presenting these items to you and allowing you to ask questions will provide a greater understanding of the proposed revisions. Elisabeth H.Riley Director of Human Resources City of Apache Junction 300 E.Superstition Blvd. Apache Junction,AZ 85119 Office Hours:M-'rh 7:00 AM-6:00 I'M Service Over and Above the Rest Action requested: Approval of the revisions to the 2013 Personnel Rules as presented in the attachment to include changing the date of the Rules to 2014. The amendments will be an agenda item for the May 5, 2014 City Council meeting. Attachment c: M. Busby A. Jackson J. Brooks Elizabeth H.Riley Directorrof Human Resources City of Apache hnrction 300 E.Superstition Blvd. Apache Junction,AZ 85119 Office Hours:M-Th 7:00 AM—6:00 pM Service Over and Above the Rest ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.6. Piz File ID: 14-152 Sponsor: Brad Steinke Agenda Date: 3/31/2014 Index: In Control: City Council Work Session Presentation and discussion of the proposed zoning ordinance update as recommended by the planning and zoning commission on March 11, 2014. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 �P4 pCtiE✓ O � z City of Apache Junction "9RlZO�P Development Services Department To: Mayor and City Council From: Brad Steinke, Director of Development Services Date: March 18, 2014 RE: Work Session on Zoning Code Update The city council is scheduled to have their second zoning code work session on March 315t. In the first work session, we discussed Articles 1-1 to 1-5. The second work session will cover Article 1-6 (Supplemental Regulations) and, time permitting, Article 1-7 (Parking, Loading and Circulation Regulations). The following highlights key portions of Article 1-6: Section 1-6-3: Fences and Walls. The proposed code now includes a new requirement prohibiting razor/concertina wire on non-residential buildings in Section 1-6-3 (H)(2)(b). Other than that, there are no substantive changes from current regulations. Section 1-6-5: Accessory Structures. There are no substantive changes from current regulations. We have retained the option to request a conditional use permit exception or deviation from the requirements. Section 1-6-6: Home Based Occupations. The proposed code now allows limited customer traffic (i.e., 10 vehicle trips/day) to the residence. Additionally, the amended regulations no longer attempt to list the types of uses allowed/prohibited, but rather, creates a performance standard that the indoor use shall not produce a noise, odor, vibration, glare or light impact that is noticeable beyond the property line. Section 1-6-7: Equestrian Activities. There are no changes from current regulations. Hurrah! Section 1-6-8: Cargo Containers. There are no changes from current regulations except that we added the use of temporary cargo containers for construction projects in all residential districts, not just large lot districts. Section 1-6-9: Outside Display and Activities. The proposed code now includes the option of outdoor commercial display of product samples for all business districts, not just businesses within the downtown area. We also added a requirement that prohibits outside fabrication, processing, manufacturing, repair or assembly of products in non-residential districts unless approved by a CUP. Section 1-6-12: Medical Marijuana. There are no changes from current regulations. Section 1-6-16: Alternate Energy Structures and Equipment. The proposed code now includes regulations regarding evolving alternate energy technologies. Section 1-6-17: Animal Regulations. The proposed code clarifies that the use of large livestock is unconditionally allowed in the RS-GR district and conditionally allowed in the RS-54 and RS- 54M districts. Furthermore, the proposed code will now allow the use of 2 small livestock and 6 foul (no roosters) in all the other residential districts. Section 1-6-19: Accessory Dwelling Units. The proposed code retains the option for a guest home, but now allows it as either an unattached or attached unit. The prohibition on rental still applies. Section 1-6-20: Personal Caretaker Units. There are no changes from current regulations. Section 1-6-23: Temporary Uses and Structures. The proposed code expands the administrative approval of certain temporary uses (i.e., see list in Table 6-3) to all business zoned property throughout the city, not just property within the downtown area. Temporary uses not on the list will continue to require conditional use permit approval. Section 1-6-26: Ancillary Manufacturing Uses. The proposed code now includes ancillary manufacturing as a subordinate indoor use within commercial zoning districts (i.e., the B-1, B-2 and B-3 districts). This change has been made due to the changes in our business environment that oftentimes require a mix of retail and manufacturing activities in one building. If anyone has questions, comments or concerns prior to the work session, please call me. ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 7. Piz File ID: 14-168 Sponsor: Brad Steinke Agenda Date: 3/31/2014 Index: In Control: City Council Work Session Presentation and discussion on the proposed development fees and the proposed amendment to the development fee ordinance (i.e., Apache Junction City Code, Volume ll, Land Development Code, Chapter 7, Development Fees). Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 Ap ACHF✓ City of Apache Junction '9RIZOT'P Development Services Department To: Mayor and City Council From: Brad Steinke, Director of Development Services Date: March 18, 2014 RE: Work Session on Development Fee Update The council is scheduled to discuss the following two items: 1. Proposed Development Fees. The Development Fee Study recently approved by the council includes the maximum development fees that the city could legally assess. Exhibit A compares the existing fees with the proposed fees. We ask that council members review and discuss these proposed fees in anticipation of the April 15t" public hearing. 2. Proposed Update to the Development Fee Ordinance. In addition to the updated development study and fees, the city is also updating our development fee ordinance (i.e., Chapter 7 of the Land Development Code). The updated ordinance is based on the League of Arizona Cities and Towns model ordinance. A copy of the draft code update is included in your materials and will be presented for discussion at the meeting. If anyone has questions, comments or concerns prior to the work session, please call me. EXHIBIT A RESIDENTIAL DEVELOPMENT FEES (Assessed per residential unit) LIBRARY PARKS & REC POLICE STREETS TOTAL Proposed Existing Proposed Existing Proposed Existing Proposed Existing Proposed Existing Single- $934 $721 $1,466 $1,801 $161 $294 $2,364 $6,323 $4,925 $9,139 Family Manuf. $654 $572 $1,027 $1,429 $113 $234 $11-895 $3,297 $3,689 $5,532 Home Multi- $748 $622 $1,174 $1,555 $129 $254 $1,856 $4,440 $3,907 $6,871 Family NON-RESIDENTIAL DEVELOPMENT FEES (Assessed per square foot) LIBRARY PARKS & REC POLICE STREETS TOTAL Proposed Existing Proposed Existing Proposed Existing Proposed Existing Proposed Existing Comm. $0.30 $0 $1.03 $0 $0.15 $1.80 $5.04 $13.63 $6.52 $15.43 Office $0.50 $0 $1.71 $0 $0.05 $0.68 $2.18 $5.68 $4.44 $6.36 Indus. $0.35 $0 $1.19 $0 $0.03 $0.27 $1.36 $2.26 $2.93 $2.53 February 13, 2014 DRAFT 2014 Development Impact Fee Ordinance of the City of Apache Junction, Arizona March 19, 2014 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona CHAPTER 7: DEVELOPMENT FEES ARTICLE 7-1: GENERAL PROVISIONS Section § 7-ARTICLE 7-1-1 Title § 7-ARTICLE 7-1-2 Legislative Intent § 7-ARTICLE 7-1-3 Purpose and Administration § 7-ARTICLE 7-1-4 Definitions. § 7-ARTICLE 7-1-5 Applicability. § 7-ARTICLE 7-1-6 Service Areas. § 7-ARTICLE 7-1-7 Authority for Development Impact Fees § 7-ARTICLE 7-1-8 Fund Accounting for Development Fees. § 7-ARTICLE 7-1-9 Land Use Assumptions. § 7-ARTICLE 7-1-10 Infrastructure Improvements Plan. § 7-ARTICLE 7-1-11 Adoption and Modification Procedures. § 7-ARTICLE 7-1-12 Timing for the Renewal and Updating of the Infrastructure Improvements Plan and the Land Use Assumptions. § 7-ARTICLE 7-1-13 Collection of Development Fees. § 7-ARTICLE 7-1-14 Expenditure of Development Fees. § 7-ARTICLE 7-1-15 Offsets of Development Fees. § 7-ARTICLE 7-1-16 Development Impact Fee Credits and Credit Agreements. § 7-ARTICLE 7-1-17 Development Agreements. § 7-ARTICLE 7-1-18 Relief Procedures and Hearings. city. § 7-ARTICLE 7-1-19 Development Fee as Supplemental Regulation to Other Financing Methods. § 7-ARTICLE 7-1-20 Refunds of Development Impact Fees § 7-ARTICLE 7-1-21 Individual Assessment of Development Fees. § 7-ARTICLE 7-1-22 Oversight of Development Impact Fee Program. § 7-ARTICLE 7-1-23 Calculation of Development Fees Based on Fee Schedule. Editor's note: Effective date of this fee schedule is August 4, 2014. § 7-ARTICLE 7-1-1 TITLE. This Chapter of the Apache Junction City Code, Vol. II shall be known as the "Development Impact Fee Ordinance," and may be referred to herein as "this Ordinance" or"this Chapter." §7-ARTICLE 7-1-2 LEGISLATIVE INTENT. This Chapter is adopted for the purpose of promoting the health, safety and general welfare of the residents of the City of Apache Junction by: (A) Requiring new development to pay its proportionate share of the costs incurred by the City that are associated with providing Necessary Public Services to new development. (B) Setting forth standards and procedures for creating and assessing development impact fees consistent with the requirements of Arizona Revised Statuses ("A.R.S.") § 9-463.05, including 2 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona requirements pursuant to A.R.S. § 9-463.05, Subsection K that, on or before August 1, 2014, the City replace its development impact fees that were adopted prior to January 1, 2012, with development impact fees adopted pursuant to the requirements of A.R.S. § 9-463.05 as amended by the state legislature in SB 1525, Fiftieth Legislation, First Regular Session. (C) Setting forth procedures for administering the development impact fee program, including mandatory offsets, credits, and refunds of development impact fees. All development impact fee assessments, offsets, credits, or refunds must be administered in accordance with the provisions of this Chapter. This Chapter shall not affect the City's zoning authority or its authority to adopt or amend its General Plan, provided that planning and zoning activities by the City may require amendments to development impact fees as provided in Section 7-1-9 of this Chapter. §7-ARTICLE 7-1-3 PURPOSE AND ADMINISTRATION. (A) This Chapter assesses development fees to offset the costs to the City associated with providing necessary public services to a development. (1) The fees shall: (a) Result in a beneficial use to the development; (b) Bare a rational relationship to the burden of the developer; and (c) Be assessed in a non-discriminatory manner. (B) The development fees to be paid by each new development pursuant to this Chapter are to be proportional to the impact that the new development will have on the types of facilities for which the fees are charged. (C) The City official with primary responsibility for administering this Chapter is referred to herein as the "Development Fee Administrator."The Development Fee Administrator shall be the Director of Development Services unless another person is so designated by the City Manager. The Development Fee Administrator may delegate authority conferred by this Chapter to other city staff. §7-ARTICLE 7-1-4 DEFINITIONS. When used in this chapter, the terms listed below shall have the following meanings unless the context requires otherwise. Singular terms shall include their plural. 2+ Unit Land Use: A dwelling unit in a structure with multiple dwelling units on a single lot and designed exclusively for residential occupancy in conformance with the provisions of the Uniform Building Code adopted and amended by the city. Applicant:A person who applies to the City for a Building Permit. Appurtenance: Any fixed machinery or equipment, structure or other fixture, including integrated hardware, software or other components, associated with a Capital Facility that are necessary or convenient to the operation, use, or maintenance of a Capital Facility, but excluding replacement of the same after initial installation. 3 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona Aquatic Center: A facility primarily designed to host non-recreational competitive functions generally occurring within water, including, but not limited to, water polo games, swimming meets, and diving events. Such facility may be indoors, outdoors, or any combination thereof, and includes all necessary supporting amenities, including but not limited to, locker rooms, offices, snack bars, bleacher seating, and shade structures. Building Permit: Any permit issued by the City that authorizes vertical construction, increases square footage, authorizes changes to land use, or provides for the addition of a residential or non- residential point of demand to a water or wastewater system. Capital Facility: An asset having a Useful Life of three or more years that is a component of one or more Categories of Necessary Public Service provided by the City. A Capital Facility may include any associated purchase of real property, architectural and engineering services leading to the design and construction of buildings and facilities, improvements to existing facilities, improvements to or expansions of existing facilities, and associated financing and professional services. Wherever used herein, "infrastructure" shall have the same meaning as "Capital Facilities." Category of Necessary Public Service: A category of Necessary Public Services for which the City is authorized to assess development impact fees, as further defined in Section 7-1-10 of this Chapter. Category of Development: A specific category of residential, commercial, office, or industrial development against which a development impact fee is calculated and assessed. The City assesses development impact fees against the following categories of development: residential, commercial, office, and institutional. City:The City of Apache Junction,Arizona. Commercial Land Use: The buying, selling, leasing or storage of real or personal property, or the furnishing of services for compensation. This term shall also include the storage of equipment, machinery or supplies to be used exclusively for compensation. Credit: A reduction in an assessed development impact fee resulting from developer contributions to, payments for, construction of, or dedications for capital facilities included in an Infrastructure Improvements Plan pursuant to Section 7-1-16 of this Chapter (or as otherwise permitted by this Chapter). Credit Agreement: A written agreement between the City and the developer(s) of Subject Development that allocates Credits to the Subject Development pursuant to Section 7-1-16 of this Chapter. A Credit Agreement may be included as part of a Development Agreement pursuant to Section 7-1-17 of this Chapter. Credit Allocation: A term used to describe when Credits are distributed to a particular development or parcel of land after execution of a Credit Agreement, but are not yet issued. Credit Issuance: A term used to describe when the amount of an assessed development impact fee attributable to a particular development or parcel of land is reduced by applying a Credit allocation. 4 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona Developer: An individual, group of individuals, partnership, corporation, limited liability company, association, municipal corporation, state agency, or other person or entity undertaking land development activity, and their respective successors and assigns. Development Agreement: An agreement prepared in accordance with the requirements of Section 7-1-17 of this Chapter, A.R.S. §9-500.05, and any applicable requirements of the City Code. Direct Benefit: A benefit to a Service Unit resulting from a Capital Facility that: (a) addresses the need for a Necessary Public Service created in whole or in part by the Service Unit; and that (b) meets either of the following criteria: (i) the Capital Facility is located in the immediate area of the Service Unit and is needed in the immediate area of the Service Unit to maintain the Level of Service; or (ii) the Capital Facility substitutes for, or eliminates the need for a Capital Facility that would have otherwise have been needed in the immediate area of the Service Unit to maintain the City's Level of Service. Dwelling Unit: A house, apartment, mobile home or trailer, group of rooms, or single room occupied as separate living quarters or, if vacant, intended for occupancy as separate living quarters. Equipment: Machinery, tools, materials, and other supplies, not including vehicles, that are needed by a Capital Facility to provide the Level of Service specified by the Infrastructure Improvement Plan, but excluding replacement of the same after initial development of the Capital Facility. Excluded Library Facility: Library facilities for which development impact fees may not be charged pursuant to A.R.S. § 9-463.05, including that portion of any Library facility that exceeds 10,000 square feet, and Equipment,Vehicles or Appurtenances associated with Library operations. Excluded Park Facility: Park and recreational facilities for which development impact fees may not be charged pursuant to A.R.S. § 9-463.05, including amusement parks, aquariums, Aquatic Centers, auditoriums, arenas, arts and cultural facilities, bandstand and orchestra facilities, bathhouses, boathouses, clubhouses, community centers greater than three thousand square feet in floor area, environmental education centers, equestrian facilities, golf course facilities, greenhouses, lakes, museums,theme parks, water reclamation or riparian areas,wetlands, or zoo facilities. Fee Report: A written report developed pursuant to Section 7-1-11 of this Chapter that identifies the methodology for calculating the amount of each development impact fee, explains the relationship between the development impact fee to be assessed and the Cost per Service Unit calculated in the Infrastructure Improvements Plan, and which meets other requirements set forth in A.R.S. § 9-463.05. Financing or Debt: Any debt, bond, note, loan, interfund loan, fund transfer, or other debt service obligation used to finance the development or expansion of a Capital Facility. General Plan: Refers to the overall land-use plan for the City establishing areas of the City for different purposes, zones and activities adopted pursuant to City Resolution XXXX, as amended, and including [specific area plans] adopted pursuant to City Resolution XXXX. Gross Impact Fee: The total development impact fee to be assessed against a Subject Development on a per unit basis, prior to subtraction of any Credits. 5 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona Industrial Land Use: The excavation, transporting, manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such manner as to change the form, character or appearance thereof, and including storage elevators, truck storage yards,warehouses,wholesale storage and other similar types of enterprise. Infrastructure Improvements Plan: A document or series of documents that meet the requirements set forth in A.R.S. § 9-463.05, including those adopted pursuant to Section 7-1-10 of this Chapter to cover any Category or combination of Categories of Necessary Public Services. Land Use Assumptions: Projections of changes in land uses, densities, intensities and population for a Service Area over a period of at least ten years as specified in Section 7-1-9 of this Chapter. Level of Service: A quantitative and/or qualitative measure of a Necessary Public Service that is to be provided by the City to development in a particular Service Area, defined in terms of the relationship between service capacity and service demand, accessibility, response times, comfort or convenience of use, or other similar measures or combinations of measures. Level of Service may be measured differently for different Categories of Necessary Public Services, as identified in the applicable Infrastructure Improvements Plan. Library Facilities: A Category of Necessary Public Services in which literary, musical, artistic, or reference materials are kept (materials may be kept in any form of media such as electronic, magnetic, or paper) for non-commercial use by the public in a facility providing a Direct Benefit to development. Libraries do not include Excluded Library Facilities, although a Library may contain, provide access to, or otherwise support an Excluded Library Facility. Manufactured Home Park: Any development providing rental spaces for occupancy on a non- permanent basis for mobile homes and manufactured homes, with accessory buildings and uses provided for the benefit of the occupants. Necessary Public Services: "Necessary Public Services" shall have the meaning prescribed in A.R.S. § 9-463.05, Subsection T, paragraph 5. Office Land Use:XXXX Offset: An amount which is subtracted from the overall costs of providing Necessary Public Services to account for those capital components of infrastructure or associated debt that have been or will be paid for by a development through taxes, fees (except for development impact fees), and other revenue sources, as determined by the City pursuant to Section 7-1-15 of this Chapter. Parks and Recreational Facilities: A Category of Necessary Public Services including but not limited to parks, swimming pools and related facilities and equipment located on real property not larger than 30 acres in area, as well as park facilities larger than 30 acres where such facilities provide a Direct Benefit. Parks and Recreational Facilities do not include Excluded Park Facilities, although Parks and Recreational Facilities may contain, provide access to, or otherwise support an Excluded Park Facility. 6 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona Pledged: Where used with reference to a development impact fee, a development impact fee shall be considered "pledged" where it was identified by the City as a source of payment or repayment for Financing or Debt that was identified as the source of financing for a Necessary Public Service for which a development impact fee was assessed pursuant to the then-applicable provisions of A.R.S. § 9- 463.05. Police Facilities: A Category of Necessary Public Services, including Vehicles and Equipment, that are used by law enforcement agencies to preserve the public peace, prevent crime, detect and arrest criminal offenders, protect the rights of persons and property, regulate and control motorized and pedestrian traffic, train sworn personnel, and/or provide and maintain police records, vehicles, equipment, and communications systems. Police Facilities do not include Vehicles and Equipment used to provide administrative services, or helicopters or airplanes. Police Facilities do not include any facility that is used for training officers from more than one station or substation. Qualified Professional: Any one of the following: (a) a professional engineer, surveyor, financial analyst or planner, or other licensed professional providing services within the scope of that person's education or experience related to City planning, zoning, or impact development fees and holding a license issued by an agency or political subdivision of the State of Arizona; (b) a financial analyst, planner, or other non-licensed professional that is providing services within the scope of the person's education or experience related to City planning, zoning, or impact development fees; or (c) any other person operating under the supervision of one or more of the above. Residential Land Use: A building or portion thereof designed exclusively for residential occupancy in conformance with the provisions of the Uniform Building Code adopted and amended by the city. Service Area: Any specified area within the boundaries of the City within which: (a) the City will provide a Category of Necessary Public Services to development at a planned Level of Service; and (b) within which (i) a Substantial Nexus exists between the Capital Facilities to be provided and the development to be served, or (ii) in the case of Library Facilities or a Park Facility larger than 30 acres, a Direct Benefit exists between the Library Facilities or Park Facilities and the development to be served, each as prescribed in the Infrastructure Improvements Plan. Some or all of the Capital Facilities providing service to a Service Area may be physically located outside of that Service Area provided that the required Substantial Nexus or Direct Benefit is demonstrated to exist. Service Unit: A standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated pursuant to generally accepted engineering or planning standards for a particular category of Necessary Public Services. Single Unit Land Use: A detached or attached dwelling unit, both modular and manufactured constructed on a single lot and designed exclusively for residential occupancy in conformance with the provisions of the Uniform Building Code adopted and amended by the city. Single Unit — Manufactured Land Use: A single unit dwelling unit located in a manufactured home park and designed exclusively for residential occupancy in conformance with the provisions of the Uniform Building Code adopted and amended by the city. 7 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona Street Facilities: A Category of Necessary Public Services including arterial or collector streets or roads, traffic signals, rights-of-way, and improvements thereon, bridges, culverts, irrigation tiling, storm drains, and regional transportation facilities. Subject Development: A land area linked by a unified plan of development, which must be contiguous unless the land area is part of a development agreement executed in accordance with Section 7-1-17 of this Chapter. Substantial Nexus: A substantial nexus exists where the demand for Necessary Public Services that will be generated by a Service Unit can be reasonably quantified in terms of the burden it will impose on the available capacity of existing Capital Facilities,the need it will create for new or expanded Capital Facilities, and/or the benefit to the development from those Capital Facilities. Swimming Pool: A public facility primarily designed and/or utilized for recreational non- competitive functions generally occurring within water, including, but not limited to, swimming classes, open public swimming sessions, and recreational league swimming/diving events. The facility may be indoors, outdoors, or any combination thereof, and includes all necessary supporting amenities. Useful Life: The period of time in which an asset can reasonably be expected to be used under normal conditions, whether or not the asset will continue to be owned and operated by the City over the entirety of such period. Vehicle: Any device, structure, or conveyance utilized for transportation in the course of providing a particular Category of Necessary Public Services at a specified Level of Service, excluding helicopters and other aircraft. §7-ARTICLE 7-1-5 APPLICABILITY. (A) The collection of development fees shall apply to all new development in the city, unless otherwise provided herein. Until any development fee has been paid in full, no building permit, electrical permit, certificate of compliance, certificate of occupancy, or other permit for any development shall be issued. A stop work order shall be issued by the Building Official on any development for which the applicable development fee has not been paid in full. (B) (2) Parks and recreational, library, police, street facilities development fees shall apply to new residential and nonresidential development. (3) The movement of a structure onto a lot or parcel shall be considered development and shall be subject to the development fee provisions, unless otherwise provided herein. (4) The residential categories for development fee collection are as follows: (a) Single Unit, detached and attached residential units, including site-built, manufactured and modular constructed on a single lot; (b) Single Unit - Manufactured home and recreational vehicle spaces in a designated park; and 8 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona (c) 2+ Unit- individual dwelling units in a structure with multiple dwelling units project. (5) Development fees for mobile/ manufactured home and recreational vehicle parks shall be assessed for the entire development, based on the number of mobile home and recreational vehicle spaces created at the time of application for the first building, electrical or other permit for the development. No additional development fees shall be assessed on subsequent building or electrical permits in the mobile home or recreational vehicle park unless additional spaces are created. Development fees for mobile/manufactured homes placed on single parcels shall be assessed in the same manner as site-built or conventional homes. (6) The development fee provisions shall not apply to the following actions: (a) Placing on a lot or parcel in the city a temporary construction trailer or office, but only for the life of the building permit issued for the construction served by the trailer or office; (b) Expansion, upgrade, repair or replacement of a legally existing residential dwelling unit or structure; and (c) Any development, including but not limited to the mere subdivision of land, installation of utilities, or the use of land for limited recreational, agricultural, filling or dredging purposes which, in the opinion of the Development Fee Administrator, will not result in a net increase of more than 1 one-way average daily trip. § 7-ARTICLE 7-1-6 SERVICE AREAS. (A) The following development fee services are hereby established: (1) For the purpose of Street Facilities development fees, the service area shall be all of the incorporated area of the city; (2) For the purpose of Police Facilities development fees, the service area shall be all of the incorporated area of the city; (3) For the purpose of Parks and Recreational Facilities development fees, the service area shall be all of the incorporated area of the city; (4) For the purpose of library Facilities development fees, the service area shall be all of the incorporated area of the city; and (B) Development fees shall be assessed only on new development located within the service area. (C) Development fees collected within the service area shall be spent within the service area. (D) The appropriateness of the designation and boundaries of the service areas shall be reviewed by the City as part of the development fee revision process set forth in Vol. II, § 7-1-12. Following such review and a public hearing,the service areas may be amended. §7-ARTICLE 7-1-7 AUTHORITY FOR DEVELOPMENT IMPACT FEES. (A) Fee Report and Implementation. The City may assess and collect a development impact fee for costs of Necessary Public Services, including all professional services required for the 9 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona preparation or revision of an Infrastructure Improvements Plan, Fee Report, development impact fee, and required reports or audits conducted pursuant to this Chapter. Development impact fees shall be subject to the following requirements: (1) The City shall develop and adopt a Fee Report that analyzes and defines the development impact fees to be charged in each Service Area for each Capital Facility Category, based on the Infrastructure Improvements Plan, as defined in Section 7-1-10 of this Chapter. (2) Development impact fees shall be assessed against all new residential, commercial, office, and industrial developments, provided that the City may assess different amounts of development impact fees against specific Categories of Development based on the actual burdens and costs that are associated with providing Necessary Public Services to that Category of Development. No development impact fee shall exceed the Cost per Service Unit for any Category of Development. (3) No development impact fees shall be charged, or Credits issued, for any Capital Facility that does not fall within one of the Categories of Necessary Public Services for which development impact fees may be assessed as identified in Section 7-1-10 of this Chapter. (4) Costs for Necessary Public Services made necessary by new development shall be based on the same Level of Service provided to existing development in the same Service Area. Development impact fees may not be used to provide a higher Level of Service to existing development or to meet stricter safety, efficiency, environmental, or other regulatory standards to the extent that these are applied to existing Capital Facilities that are serving existing development. (5) Development impact fees may not be used to pay the City's administrative, maintenance, or other operating costs. (6) Projected interest charges and financing costs can only be included in development impact fees to the extent they represent principal and/or interest on the portion of any Financing or Debt used to finance the construction or expansion of a Capital Facility identified in the Infrastructure Improvements Plan. (7) All development impact fees shall meet the requirements of A.R.S. §9-463.05. (B) Costs per5ervice Unit. The Fee Report shall summarize the costs of Capital Facilities necessary to serve new development on a per Service Unit basis as defined and calculated in the Infrastructure Improvements Plan, including all required Offsets, and shall recommend a development impact fee structure for adoption by the City.The actual development impact fees to be assessed shall be disclosed and adopted in the form of impact fee schedules described in this Chapter. (C) Defined terms in any previously established fee schedule shall be interpreted according to the ordinance in effect at the time of their adoption. §7-ARTICLE 7-1-8 FUND ACCOUNTING FOR DEVELOPMENT FEES. (A) The City Finance Department shall establish a separate accounting fund in which the development fees collected for a particular type of facility within the service area shall be credited. Such fees shall be invested by the city and the yield on those fees, at the actual rate of 10 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona return to the city, shall be credited to such accounting fund periodically in accordance with the accounting policies of the city. The funds need not be segregated from other city monies for banking purposes. (B) Any yield on such accounting fund into which the fees are deposited shall accrue to that fund and shall be used for the purposes specified for that fund. (1) Limitations on Use of Fees. Development impact fees and any interest thereon collected pursuant to this Chapter shall be spent to provide Capital Facilities associated with the same Category of Necessary Public Services in the same Service Area for which they were collected, including costs of Financing or Debt used by the City to finance such Capital Facilities and other costs authorized by this Chapter that are included in the Infrastructure Improvements Plan. (C) The City Finance Department shall maintain and keep financial records for the accounting fund showing the revenues to the fund and the disbursements from that fund, in accordance with normal city accounting practices. The records of the fund shall be open to public inspection in the same manner as other financial records of the city. §7-ARTICLE 7-1-9 LAND USE ASSUMPTIONS. The Infrastructure Improvements Plan shall be consistent with the City's current Land Use Assumptions for each Category of Necessary Public Services as adopted by the City pursuant to A.R.S. § 9-463.05. (A) Reviewing the Land Use Assumptions. Prior to the adoption or amendment of an Infrastructure Improvements Plan, the City shall review and evaluate the Land Use Assumptions on which the Infrastructure Improvements Plan is to be based to ensure that the Land Use Assumptions conform with the General Plan. (B) Evaluating Necessary Changes. If the Land Use Assumptions upon which an Infrastructure Improvements Plan is based have not been updated within the last five years, the City shall evaluate the Land Use Assumptions to determine whether changes are necessary. If, after general evaluation, the City determines that the Land Use Assumptions are still valid, the City shall issue the report required in Section 7-1-12 of this Chapter. (C) Required Modifications to Land Use Assumptions. If the City determines that changes to the Land Use Assumptions are necessary in order to adopt or amend an Infrastructure Improvements Plan, it shall make such changes as necessary to the Land Use Assumptions prior to or in conjunction with the review and approval of the Infrastructure Improvements Plan pursuant to Section 7-1-12 of this Chapter. §7-ARTICLE 7-1-10 INFRASTRUCTURE IMPROVEMENTS PLAN. (A) Infrastructure Improvements Plan Contents. The Infrastructure Improvements Plan shall be developed by Qualified Professionals and may be based upon or incorporated within the City's Capital Improvements Plan.The Infrastructure Improvements Plan shall: (1) Specify the Categories of Necessary Public Services for which the City will impose a development impact fee, which may include any or all of the following: 11 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona (a) Street Facilities (b) Police (c) Parks and Recreational Facilities (d) Libraries (2) Define and provide a map of one or more Service Areas within which the City will provide each Category of Necessary Public Services for which development impact fees will be charged. Each Service Area must be defined in a manner that demonstrates a Substantial Nexus between the Capital Facilities to be provided in the Service Area and the Service Units to be served by those Capital Facilities. For Libraries and for Parks larger than 30 acres, each Service Area must be defined in a manner that demonstrates a Direct Benefit between the Capital Facilities and the Service Units to be served by those Capital Facilities. The City may cover more than one category of Capital Facilities in the same Service Area provided that there is an independent Substantial Nexus or Direct Benefit, as applicable, between each Category of Necessary Public Services and the Service Units to be served. (3) Identify and describe the Land Use Assumptions upon which the Infrastructure Improvements Plan is based in each Service Area. (4) Analyze and identify the existing Level of Service provided by the City to existing Service Units for each Category of Necessary Public Services in each Service Area. (S) Identify the Level of Service to be provided by the City for each Category of Necessary Public Services in each Service Area based on the relevant Land Use Assumptions and any established City standards or policies related to required Levels of Service. If the City provides the same Category of Necessary Public Services in more than one Service Area, the Infrastructure Improvements Plan shall include a comparison of the Levels of Service to be provided in each Service Area. (6) For each Category of Necessary Public Services, analyze and identify the existing capacity of the Capital Facilities in each Service Area, the utilization of those Capital Facilities by existing Service Units, and the available excess capacity of those Capital Facilities to serve new Service Units including any existing or planned commitments or agreements for the usage of such capacity. The Infrastructure Improvements Plan shall additionally identify[: (a)] any changes or upgrades to existing Capital Facilities that will be needed to achieve or maintain the planned Level of Service to existing Service Units, or to meet new safety, efficiency, environmental, or other regulatory requirements for services provided to existing Service Units[; and (b) those portions of Capital Facilities that will be necessary to serve any new institutional land use for which development impact fees will not be assessed]. (7) Identify any Grandfathered Facilities and the impact thereof on the need for Necessary Public Services in each affected Service Area. (8) Estimate the total number of existing and future Service Units within each Service Area based on the City's Land Use Assumptions and projected new Service Units in each Service Area. (9) Based on the analysis in paragraphs (3)-(6) above, provide a summary table or tables describing the Level of Service for each Category of Necessary Public Services by relating 12 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona the required Capital Facilities to Service Units in each Service Area, and identifying the applicable Service Unit factor associated with each Category of Development. (10) For each Category of Necessary Public Services, analyze and identify the projected utilization of any available excess capacity in existing Capital Facilities, and all new or expanded Capital Facilities that will be required to provide and maintain the planned Level of Service in each Service Area as a result of the new projected Service Units in that Service Area, for a period not to exceed ten years. Nothing in this Subsection shall prohibit the City from additionally including in its Infrastructure Improvements Plan projected utilization of, or needs for, Capital Facilities for a period longer than ten years, provided that the costs of such Capital Facilities are excluded from the calculation of the Cost per Service Unit. (11) For each Category of Necessary Public Services, estimate the total cost of any available excess capacity and/or new or expanded Capital Facilities that will be required to serve new Service Units, including costs of land acquisition, improvements, engineering and architectural services, studies leading to design, design, construction, financing, and administrative costs, as well as projected costs of inflation. Such total costs shall not include costs for ongoing operation and maintenance of Capital Facilities, nor for replacement of Capital Facilities to the extent that such replacement is necessary to serve existing Service Units. If the Infrastructure Improvements Plan includes changes or upgrades to existing Capital Facilities that will be needed to achieve or maintain the planned Level of Service to existing Service Units, or to meet new regulatory requirements for services provided to existing Service Units, such costs shall be identified and distinguished in the Infrastructure Improvements Plan. (12) Forecast the revenues from taxes,fees, assessments or other sources that will be available to fund the new or expanded Capital Facilities identified in the Infrastructure Improvements Plan, which shall include estimated state-shared revenue, highway users revenue, federal revenue, ad valorem property taxes, construction contracting or similar excise taxes and the capital recovery portion of utility fees attributable to development based on the approved land use assumptions. The Infrastructure Improvements Plan shall additionally estimate the time required to finance, construct and implement the new or expanded Capital Facilities. (13) Calculate required Offsets as follows: (a) From the forecasted revenues in Subsection (12) of this Section, identify those sources of revenue that: (i) are attributable to new development, and (ii) will contribute to paying for the capital costs of Necessary Public Services. (b) For each source and amount of revenue identified pursuant to paragraph (a) of this Subsection, calculate the relative contribution of each Category of Development to paying for the capital costs of Necessary Public Services in each Service Area. (c) Based on the relative contributions identified pursuant to paragraph (b) of this Subsection, for each Category of Necessary Public Services, calculate the total Offset to be provided to each Category of Development in each Service Area. (d) For each Category of Necessary Public Services, convert the total Offset to be provided to each Category of Development in each Service Area into an offset amount 13 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona per Service Unit by dividing the total Offset for each Category of Development by the number of Service Units associated with that Category of Development. (e) Beginning August 1, 2014, for purposes of calculating the required Offset, if the City imposes a construction, contracting, or similar excise tax rate in excess of the percentage amount of the transaction privilege tax rate that is imposed on the majority of other transaction privilege tax classifications in the City, the entire excess portion of the construction, contracting, or similar excise tax shall be treated as a contribution to the capital costs of Necessary Public Services provided to new development unless the excess portion is already utilized for such purpose pursuant to this Section. (f) In determining the amount of required Offset for land included in a community facilities district established under A.R.S. Title 48, Chapter 4, Article 6, the City shall take into account any Capital Facilities provided by the district that are included in the Infrastructure Improvements Plan and the capital costs paid by the district for such Capital Facilities, and shall offset impact fees assessed within the community facilities district proportionally. (14) Calculate the Cost per Service Unit by: (a) Multiply the level of service by the total protected costs to provide Capital Facilities to new Service Units for each Category of Necessary Public Services in each Service Area as determined pursuant to Subsection (9) of this Section, considering the specific Service Unit factor(s) associated with such Service Units for each Category of Necessary Public Services. (b) Subtracting the required Offset per Service Unit calculated pursuant to Subsection (11) of this Section. (B) Multiple Plans. An Infrastructure Improvements Plan adopted pursuant to this Subsection may address one or more of the City's Categories of Necessary Public Services in any or all of the City's Service Areas. Each Capital Facility shall be subject to no more than one Infrastructure Improvements Plan at any given time. (C) Reserved Capacity. The City may reserve capacity in an Infrastructure Improvements Plan to serve one or more planned future developments, including capacity reserved through a Development Agreement pursuant to Section 7-1-17 of this Chapter. All reservations of existing capacity must be disclosed in the Infrastructure Improvements Plan at the time it is adopted. §7-ARTICLE 7-1-11 ADOPTION AND MODIFICATION PROCEDURES. (A) Adopting or Amending the Infrastructure Improvements Plan. The Infrastructure Improvements Plan shall be adopted or amended subject to the following procedures: (1) Major Amendments to the Infrastructure Improvements Plan. Except as provided in paragraph 2 of this Subsection, the adoption or amendment of an Infrastructure Improvement Plan shall occur at one or more public hearings according to the following schedule, and may occur concurrently with the adoption of an update of the City's Land Use Assumptions as provided in Section 7-1-9 of this Chapter: (a) Sixty days before the first public hearing regarding a new or updated Infrastructure Improvements Plan, the City shall provide public notice of the hearing and post the 14 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona Infrastructure Improvements Plan and the underlying Land Use Assumptions on its website; the City shall additionally make available to the public the documents used to prepare the Infrastructure Improvements Plan and underlying Land Use Assumptions and the amount of any proposed changes to the Cost per Service Unit. (b) The City shall conduct a public hearing on the Infrastructure Improvements Plan and underlying Land Use Assumptions at least 30 days, but no more than 60 days, before approving or disapproving the Infrastructure Improvements Plan. (2) Minor Amendments to the Infrastructure Improvements Plan. Notwithstanding the other requirements of this Section, the City may update the Infrastructure Improvements Plan and/or its underlying Land Use Assumptions without a public hearing if all of the following apply: (a) The changes in the Infrastructure Improvements Plan and/or the underlying Land Use Assumptions will not add any new Category of Necessary Public Services to any Service Area. (b) The changes in the Infrastructure Improvements Plan and/or the underlying Land Use Assumptions will not increase the Level of Service to be provided in any Service Area. (c) Based on an analysis of the Fee Report and the City's adopted development impact fee schedules, the changes in the Infrastructure Improvements Plan and/or the underlying Land Use Assumptions would not, individually or cumulatively with other amendments undertaken pursuant to this Subsection, have caused a development impact fee in any Service Area to have been increased by more than five per cent above the development impact fee that is provided in the current development impact fee schedule. (d) At least 30 days prior to the date that any amendment pursuant to this Section is adopted,the City shall post the proposed amendments on the City website. (B) Amendments to the Fee Report. Any adoption or amendment of a Fee Report and fee schedule shall occur at one or more public hearings according to the following schedule: (1) The first public hearing on the Fee Report must be held at least 30 days after the adoption or approval of and Infrastructure Improvements Plan as provided in Subsection A of this Section. The City must give at least 30 days notice prior to the hearing, provided that this notice may be given on the same day as the approval or disapproval of the Infrastructure Improvements Plan. (2) The City shall make the Infrastructure Improvements Plan and underlying Land Use Assumptions available to the public on the City's website 30 days prior to the public hearing described in Paragraph (1) of this Subsection. (3) The Fee Report may be adopted by the City no sooner than 30 days, and no later than 60 days, after the hearing described in Paragraph (1) of this Subsection. (4) The development fee schedules in the Fee Report adopted pursuant to this Subsection shall become effective 75 days after adoption of the Fee Report by the City. 15 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona §7-ARTICLE 7-1-12 TIMING FOR THE RENEWAL AND UPDATING OF THE INFRASTRUCTURE IMPROVEMENTS PLAN AND THE LAND USE ASSUMPTIONS. (A) Not less often than every 3 years, the Planning and Zoning Commission, following a public hearing, shall review and, if warranted, recommend changes in the schedules of development fees. Factors to be considered may include, without limitation, past and projected growth in residential and nonresidential development, qualifying improvements actually constructed, changing levels of service, revised cost estimates for qualifying improvements, changes in the availability of other funding sources, changes in demand generation characteristics, sources of non-city funds and such other factors as may be relevant. (B) On January 1, following each calendar year during which the development fee schedules have not been updated to reflect changes in construction costs, the Development Fee Administrator shall prepare updated development fee schedules to reflect changes in average construction costs as provided herein. The Development Fee Administrator shall also calculate updated net costs per service unit to be used in individual development fee calculations using the same procedure. The proposed revisions shall then be presented to the Mayor and City Council for action. (1) The fees in the development fee schedules and the net costs per service unit shall be multiplied by the following construction cost factor. (2) The construction cost factor shall be the ratio of the most current quarterly national Construction Cost Index (CCI) published by Engineering New-Record magazine, divided by the CCI for the same quarter of the previous year. In the event that the CCI ceases to be published, the Construction Cost Factor shall be calculated in a comparable manner using the national Consumer Price Index, and All Urban Consumers published by the U.S. Census Bureau. (C) Determination of No Changes. Notwithstanding Subsection A of this Section, if the City determines that no changes to an Infrastructure Improvements Plan, underlying Land Use Assumptions, or Fee Report are needed, the City may elect to continue the existing Infrastructure Improvements Plan and Fee Report without amendment by providing notice as follows: (1) Notice of the determination shall be published at least 180 days prior to the end of the three-year period described in Subsection A of this Section. (2) The notice shall identify the Infrastructure Improvements Plan and Fee Report that shall continue in force without amendment. (3) The notice shall provide a map and description of the Service Area(s) covered by such Infrastructure Improvements Plan and Fee Report. (4) The notice shall identify an address to which any resident of the City may submit, within 60 days, a written request that the City update the Infrastructure Improvements Plan, underlying Land Use Assumptions, and/or Fee Report and the reasons and basis for the request. (D) Response to Comments. The City shall consider and respond within 30 days to any timely requests submitted pursuant to Paragraph 4 of Subsection (B) of this Section. 16 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona §7-ARTICLE 7-1-13 COLLECTION OF DEVELOPMENT FEES. (A) Collection. Development impact fees,together with administrative charges assessed pursuant to Paragraph (A)(5) of this Section, shall be calculated and collected prior to issuance of permission to commence development; specifically: (1) Except as set forth in division (2) below, the development fees for all new development shall be calculated and collected in conjunction with the application for the first building permit or electrical permit, certificate of compliance or occupancy, or other permit subsequent to development plan approval for such development, whichever occurs first in time. However, in no case shall the Development Fee Administrator allow prepayment of development fees in order to avoid higher fees which the Council has passed but have yet to go into affect. At the time the development fees are paid in full, permit shall be issued. (2) For other uses not ultimately requiring a building permit, electrical permit, certificate of compliance or occupancy, or other permit, the fee shall be calculated and collected at such time as determined by the Development Fee Administrator. However, in no case shall the Development Fee Administrator allow prepayment of development fees in order to avoid higher fees which the Council has passed but have yet to go into affect. At the time the development fees are paid in full, a permit shall be issued. (3) No building permit or certificate of occupancy shall be issued if a development impact fee is not paid as directed in the previous paragraphs. (4) If the building permit is for a change in the type of building use, an increase in square footage, or a change to land use, the development impact fee shall be assessed on the additional Service Units resulting from the expansion or change, and following the development impact fee schedule applicable to any new use type. (5) For issued permits that expire or are voided, development impact fees and administrative charges shall be as follows: (a) If the original permittee is seeking to renew an expired or voided permit, and the development impact fees paid for such development have not been refunded, then the permittee shall pay the difference between any development impact fees paid at the time the permit was issued and those in the fee schedule at the time the permit is reissued or renewed. (b) If a new or renewed permit for the same development is being sought by someone other than the original permittee, the new permit Applicant shall pay the full development impact fees specified in the fee schedule in effect at the time that the permits are reissued or renewed. If the original permittee has assigned its rights under the permits to the new permit Applicant, the new permit Applicant shall pay development impact fees as if it were the original permittee. (B) Exceptions. Development impact fees shall not be owed under either of the following conditions: (1) Development impact fees have been paid for the development and the permit(s) which triggered the collection of the development impact fees have not expired or been voided. 17 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona (2) The approval(s) that trigger the collection of development impact fees involve modifications to existing residential or non-residential development that do not: (a) add new Service Units, (b) increase the impact of existing Service Units on existing or future Capital Facilities, or (c) change the land-use type of the existing development to a different category of development for which a higher development impact fee would have been due. To the extent that any modification does not meet the requirements of this paragraph, the development impact fee due shall be the difference between the development impact fee that was or would have been due on the existing development and the development impact fee that is due on the development as modified. (C) Temporary Exemptions from Development Impact Fee Schedules. New developments in the City shall be temporarily exempt from increases in development impact fees that result from the adoption of new or modified development impact fee schedules as follows: (1) Residential Uses. On or after the day that the first building permit is issued for a single unit residential development, the City shall, at the permittee's request, provide the permittee with an applicable development impact fee schedule that shall be in force for a period of 24 months beginning on the day that the first building permit is issued, and which shall expire at the end of the first business day of the 25t" month thereafter. During the effective period of the applicable development impact fee schedule, any building permit issued for the same single-family residential development shall not be subject to any new or modified development impact fee schedule. (2) Commercial, Office, Industrial and 2+ Unit dwelling unit structures. On or after the day that the final approval, as defined in A.R.S. § 9-463.05(T)(4), is issued for a commercial, office, industrial or 2+ Unit development, the City shall provide an applicable development impact fee schedule that shall be in force for a period of 24 months beginning on the day that final development approval of a site plan or final subdivision plat is given, and which shall expire at the end of the first business day of the 251"month thereafter. During the effective period of the applicable development impact fee schedule, any building permit issued for the same development shall not be subject to any new or modified development impact fee schedule. (3) Other Development. Any Category of Development not covered under paragraphs 1 and 2 of this Subsection shall pay development impact fees according to the fee schedule that is current at the time of collection as specified in Subsection (A) of this Section. (4) Changes to Site Plans and Subdivision Plats. Notwithstanding the other requirements of this Subsection, if changes are made to a development's final site plan or subdivision plat that will increase the number of service units after the issuance of a grandfathered development impact fee schedule, the City may assess any new or modified development impact fees against the additional service units. If the City reduces the amount of an applicable development impact fee during the period that a grandfathered development impact fee schedule is in force,the City shall assess the lower development impact fee. (D) Option to Pursue Special Fee Determination. Where a development is of a type that does not closely fit within a particular Category of Development appearing on an adopted development impact fee schedule, or where a development has unique characteristics such that the actual burdens and costs associated with providing Necessary Public Services to that development will differ substantially from that associated with other developments in a specified Category of 18 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona Development, the City may require the Applicant to provide the City Development Fee Administrator or authorized designee with an alternative development impact fee analysis. Based on a projection of the actual burdens and costs that will be associated with the development,the alternative development impact fee analysis may propose a unique fee for the development based on the application of an appropriate Service Unit factor to the applicable Cost per Service Unit, or may propose that the development be covered under the development impact fee schedule governing a different and more analogous Category of Development. The City Development Fee Administrator or authorized designee shall review the alternative impact fee analysis and shall make a determination as to the development impact fee to be charged. Such decision shall be appealable pursuant to Section 7-1-18 of this Chapter. The City Development Fee Administrator or authorized designee may require the Applicant to pay an administrative fee to cover the actual costs of reviewing the special fee determination application. §7-ARTICLE 7-1-14 EXPENDITURE OF DEVELOPMENT FEES. (A) Development fees may only be spent on qualifying improvements, as follows: (1) Street Facilities development fees shall be spent as set forth in Vol. II, §7-2-3; (1) Police Facilities development fees shall be spent as set forth in Vol. II, §7-3-31 (2) Parks and Recreational Facilities development fees shall be spent as set forth in Vol. II, § 7- 4=3; (3) Library Facilities development fees shall be spent as set forth in Vol. II, § 7-5-3; (B) Time Limit. Development impact fees collected after July 31, 2014 shall be used within ten years of the date upon which they were collected for all Categories of Necessary Public Services. §7-ARTICLE 7-1-15 OFFSETS OF DEVELOPMENT FEES. Offsets, which are reductions from the development fee that would otherwise be due from a development, shall be subject to the following provisions: (A) An offset shall be applied against development fees otherwise due for qualifying improvements, as defined in Section 7-1-20, that are required to be made by a developer as a condition of development approval. (B) Offsets shall be allowable and payable only to offset development fees otherwise due for the same category or improvements and shall not result in reimbursement from nor constitute a liability of the City. (C) Offsets shall be given only for the value of any construction of improvements or contribution or dedication of land or money by a developer or his or her predecessor in title or interest for qualifying improvements of the same category for which a development fee was imposed. Offsets shall not be provided against Street Facilities development fees for dedication of rights- of-way since land costs were not included in the development fee calculations. (D) The person applying for an offset shall be responsible for providing appraisals of land and improvements, construction cost figures, and documentation of all contributions and 19 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona dedications necessary to the computation of the offsets claimed. The Development Fee Administrator shall prepare an analysis and response to the offset claim and submit both to the applicant. The Development Fee Administrator shall have the final decision with regard to approval or denial of an offset claim, subject to appeal to the City Council as set forth in Section 7-1-18 below. Approvals may be all or in part. (E) The value of land dedicated or donated shall be based on the appraised land value of the parent parcel. A land value is based on the date of transfer of ownership to the City. A certified appraiser who was selected and paid for by the applicant and who used generally accepted appraisal techniques shall determine the value. If the City disagrees with the appraised value, the City may hire another appraiser at the City 's expense and the value shall be an amount equal to the average of the 2 appraisals. If either party rejects the average of the 2 appraisals, a third appraisal shall be obtained, with the cost of the third appraisal being shared equally by the property owner and the City. The third appraiser shall be selected by the first 2 appraisers, and the third appraisal shall be binding on both parties. (F) Offsets provided for qualifying improvements meeting the requirements of this subchapter shall be valid from the date of approval until 7 years after the date of approval or until the last date of construction within the project, whichever occurs first. (G) The right to claim offsets shall run with the land and may be claimed only by owners of property within the development for which the qualifying improvement was required. (H) Any claim for offsets must be made in writing no later than the time of submittal of a building permit application or application for another permit that is subject to development fees. Any claim not so made shall be deemed waived. §7-ARTICLE 7-1-16 DEVELOPMENT IMPACT FEE CREDITS AND CREDIT AGREEMENTS. (A) Eligibility of Capital Facility. All development impact fee Credits must meet the following requirements: (1) One of the following is true: (a) The Capital Facility, or the financial contribution toward a Capital Facility that will be provided by the developer and for which a Credit will be issued, must be identified in an adopted Infrastructure Improvements Plan and Fee Report as a Capital Facility for which a development impact fee was assessed; or (b) The Applicant must demonstrate to the satisfaction of the City that, given the class and type of improvement, the subject Capital Facility should have been included in the Infrastructure Improvements Plan in lieu of a different Capital Facility that was included in the Infrastructure Improvements Plan and for which a development impact fee was assessed. If the subject Capital Facility is determined to be eligible for a Credit in this manner, the City shall amend the Infrastructure Improvements Plan to (i) include the subject replacement Facility and (ii) delete the Capital Facility that will be replaced. (2) Credits shall not be available for any infrastructure provided by a developer if the cost of such infrastructure will be repaid to the developer by the City through another agreement or mechanism. To the extent that the developer will be paid or reimbursed by the City for any contribution, payment, construction, or dedication from any City funding source 20 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona including an agreement to reimburse the developer with future collected development impact fees pursuant to Section 7-1-17 of this Chapter, any Credits claimed by the developer shall be: (a) deducted from any amounts to be paid or reimbursed by the City; or (b) reduced by the amount of such payment or reimbursement. (B) Eligibility of Subject Development. To be eligible for a Credit, the Subject Development must be located within the Service Area of the eligible Capital Facility. (C) Calculation of Credits. Credits will be based on that portion of the costs for an eligible Capital Facility identified in the adopted Infrastructure Improvements Plan for which a development fee was assessed pursuant to the Fee Report. If the Gross Impact Fee for a particular category of Necessary Public Service is adopted at an amount lower than the Cost per Service Unit, the amount of any Credit shall be reduced in proportion to the difference between the Cost per Service Unit and the Gross Impact Fee adopted. A Credit shall not exceed the actual costs the Applicant incurred in providing the eligible Capital Facility. (1) Credits will be based on the included costs in the calculation of the cost per Service Unit for each category of Necessary Public Service, including costs of land acquisition, improvements, engineering and architectural services, studies leading to design, design, construction, financing, and administrative costs, as well as projected costs of inflation. (D) Allocation of Credits. Before any Credit can be issued to a Subject Development (or portion thereof),the Credit must be allocated to that development as follows: (1) The Developer and the City must execute a Credit Agreement including all of the following: (a) The total amount of the Credits resulting from provision of an eligible Capital Facility. (b) The estimated number of Service Units to be served within the Subject Development. (c) The method by which the Credit values will be distributed within the Subject Development. (2) It is the responsibility of the developer to request allocation of development impact fee Credits through an application for a Credit Agreement(which may be part of a Development Agreement entered into pursuant to Section 7-1-17 of this Chapter). (3) If a building permit is issued, and a development impact fee is paid prior to execution of a Credit Agreement for the Subject Development, no Credits may be allocated retroactively to that permit or connection. Credits may be allocated to any remaining permits for the Subject Development in accordance with this Chapter. (4) If the entity that provides an eligible Capital Facility sells or relinquishes a development (or portion thereof) that it owns or controls prior to execution of a Credit Agreement or Development Agreement, Credits resulting from the eligible Capital Facility will only be allocated to the development if the entity legally assigns such rights and responsibilities to its successor(s) in interest for the Subject Development. (5) If multiple entities jointly provide an eligible Capital Facility, both entities must enter into a single Credit Agreement with the City, and any request for the allocation of Credit within the Subject Development(s) must be made jointly by the entities that provided the eligible Capital Facility. 21 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona (6) Credits may only be reallocated from or within a Subject Development with the City's approval of an amendment to an executed Credit Agreement, subject to the following conditions: (a) The entity that executed the original agreement with the City, or its legal successor in interest and the entity that currently controls the Subject Development are parties to the request for reallocation. (b) The reallocation proposal does not change the value of any Credits already issued for the Subject Development. (7) A Credit Agreement may authorize the allocation of Credits to a non-contiguous parcel only if all of the following conditions are met: (a) The entity that executed the original agreement with the City or its legal successor in interest, the entity that currently controls the Subject Development, and the entity that controls the non-contiguous parcel are parties to the request for reallocation. (b) The reallocation proposal does not change the value of any Credits already issued for the Subject Development. (c) The non-contiguous parcel is in the same Service Area as that served by the eligible Capital Facility. (d) The non-contiguous parcel receives a Necessary Public Service from the eligible Capital Facility. (e) The Credit Agreement specifically states the value of the Credits to be allocated to each parcel and/or Service Unit, or establishes a mechanism for future determination of the Credit values. (f) The Credit Agreement does not involve the transfer of Credits to or from any property subject to a Development Agreement. (E) Credit Agreement. Credits shall only be issued pursuant to a Credit Agreement executed in accordance with Subsection D of this Section. The City Manager or Authorized Designee is authorized by this Chapter to enter into a Credit Agreement with the controlling entity of a Subject Development, subject to the following: (1) The Developer requesting the Credit Agreement shall provide all information requested by the City to allow it to determine the value of the Credit to be applied. (2) An application for a Credit Agreement shall be submitted to the City by the Developer within one year of the date on which ownership or control of the Capital Facility passes to the City. (3) The Developer shall submit a draft Credit Agreement to the City Manager or authorized designee(s) for review in the form provided to the Applicant by the City. The draft Credit Agreement shall include, at a minimum, all of the following information and supporting documentation: (a) A legal description and map depicting the location of the Subject Development for which Credit is being applied. The map shall depict the location of the Capital Facilities that have been or will be provided. (b) An estimate of the total Service Units that will be developed within the Subject Development depicted on the map and described in the legal description. (c) A list of the Capital Facilities, associated physical attributes, and the related costs as stated in the Infrastructure Improvements Plan. 22 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona (d) Documentation showing the date(s) of acceptance by the City, if the Capital Facilities have already been provided. (e) The total amount of Credit to be applied within the Subject Development and the calculations leading to the total amount of Credit. (f) The Credit amount to be applied to each Service Unit within the Subject Development for each Category of Necessary Public Services. (4) Calculation and payment of credits not involving transfer of land, non-contiguous parcels, or delayed fee payments shall be approved by the City Manager or authorized designee(s). Credit Agreements for all other Subject Development shall be approved by the City Council prior to its execution.The City's determination of the Credit to be allocated is final. (5) Upon execution of the Credit Agreement by the City and the Applicant, Credits shall be deemed allocated to the Subject Development. (6) Any amendment to a previously approved Credit Agreement must be initiated within two years of the City's final acceptance of the eligible Capital Facility for which the amendment is requested. (7) Any Credit Agreement approved as part of a Development Agreement shall be amended in accordance with the terms of the Development Agreement and Section 7-1-17 of this Chapter. (F) Issuance of Credits. Credits allocated pursuant to Subsection (D) of this Section may be issued and applied toward the Gross Impact Fees due from a development, subject to the following conditions: (1) Credits issued for an eligible Capital Facility may only be applied to the development impact fee due for the applicable Category of Necessary Public Services, and may not be applied to any fee due for another Category of Necessary Public Services. (2) Credits shall only be issued when the eligible Capital Facility from which the Credits were derived has been accepted by the City or when adequate security for the completion of the eligible Capital Facility has been provided in accordance with all terms of an executed Development Agreement. (3) Where Credits have been issued pursuant to paragraph (2) of this Subsection, an impact fee due at the time a building permit is issued shall be reduced by the Credit amount stated in or calculated from the executed Credit Agreement. Where Credits have not yet been issued, the Gross Impact Fee shall be paid in full, and a refund of the Credit amount shall be due when the Developer demonstrates compliance with paragraph (2) of this Subsection in a written request to the City. (4) Credits, once issued, may not be rescinded or reallocated to another permit or parcel, except that Credits may be released for reuse on the same Subject Development if a building permit for which the Credits were issued has expired or been voided and is otherwise eligible for a refund under Section 7-1-20 of this Chapter. (5) Notwithstanding the other provisions of this Section 7-1-16, Credits issued prior to January 1, 2012 may only be used for the Subject Development for which they were issued. Such Credits may be transferred to a new owner of all or part of the Subject Development in 23 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona proportion to the percentage of ownership in the Subject Development to be held by the new owner. §7-ARTICLE 7-1-17 DEVELOPMENT AGREEMENTS. Development Agreements containing provisions regarding development impact fees, development impact fee Credits, and/or disbursement of revenues from development impact fee accounts shall comply with the following: (A) Development Agreement Required. A Development Agreement is required to authorize any of the following: (1) To issue Credits prior to the City's acceptance of an eligible Capital Facility. (2) To allocate Credits to a parcel that is not contiguous with the Subject Development and that does not meet the requirements of Subparagraph (D)(7) of Section 7-1-16 of this Chapter. (3) To reimburse the developer of an eligible Capital Facility using funds from development impact fee accounts. (4) To allocate different Credit amounts per Service Unit to different parcels within a Subject Development. (5) For a single unit residential Dwelling Unit, to allow development impact fees to be paid at a later time than the issuance of a building permit as provided in this Section. (B) General Requirements. All Development Agreements shall be prepared and executed in accordance with A.R.S. § 9-500.05 and any applicable requirements of the City Code. Except where specifically modified by this Section, all provisions of Section 7-1-16 of this Chapter shall apply to any Credit Agreement that is authorized as part of a Development Agreement. (C) Early Credit Issuance. A Development Agreement may authorize the issuance of Credits prior to acceptance of an eligible Capital Facility by the City when the Development Agreement specifically states the form and value of the security (i.e. bond, letter of Credit, etc.) to be provided to the City prior to issuance of any Credits. The City shall determine the acceptable form and value of the security to be provided. (D) Non-Contiguous Credit Allocation. A Development Agreement may authorize the allocation of Credits to a non-contiguous parcel only if all of the following conditions are met: (1) The non-contiguous parcel is in the same Service Area as that served by the eligible Capital Facility. (2) The non-contiguous parcel receives a Necessary Public Service from the eligible Capital Facility. (3) The Development Agreement specifically states the value of the Credits to be allocated to each parcel and/or Service Unit, or establishes a mechanism for future determination of the Credit values. (E) Uneven Credit Allocation. The Development Agreement must specify how Credits will be allocated amongst different parcels on a per-Service Unit basis, if the Credits are not to be allocated evenly. If the Development Agreement is silent on this topic, all Credits will be allocated evenly amongst all parcels on a per-Service Unit basis. 24 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona (F) Use of Reimbursements. Funds reimbursed to developers from impact fee accounts for construction of an eligible Capital Facility must be utilized in accordance with applicable law for the use of City funds in construction or acquisition of Capital Facilities, including A.R.S. § 34-201, et seq. (G) Deferral of Fees. A Development Agreement may provide for the deferral of payment of development impact fees for a residential development beyond the issuance of a building permit; provided that a development impact fee may not be paid later than the 15 days after the issuance of the certificate of occupancy for that Dwelling Unit. The Development Agreement shall provide for the value of any deferred development impact fees to be supported by appropriate security, including a surety bond, letter of credit, or cash bond. (H) Waiver of Fees. If the City agrees to waive any development impact fees assessed on development in a Development Agreement, the City shall reimburse the appropriate development impact fee account for the amount that was waived. (1) No Obligation. Nothing in this Section obligates the City to enter into any Development Agreement or to authorize any type of Credit Agreement permitted by this Section. § 7-ARTICLE 7-1-18 RELIEF PROCEDURES AND HEARINGS. The developer who owes, has paid a development fee, or disputes the offset amount determined by the Development Fee Administrator may appeal to the Mayor and City Council. Such appeal must be filed with the Development Fee Administrator in writing: either within 30 calendar days after the date the city notified the developer of an assessment or offset determination; or within 30 calendar days after the developer paid the development fee. In either case, any building permit issued before the appeal is filed shall be considered stayed until after the appeal process has concluded. Any work in progress completed during the appeal process shall be performed at the developer's own risk. Failure to pay the development fees as determined on appeal shall result in the withholding by the city of the certificate of occupancy of developer's project. The City Council must hold a hearing on the appeal within 45 calendar days after received by the Development Fee Administrator.The Council's failure to hold a public hearing within the 45 calendar days absent a continuance request by the developer, shall result in the developer's position prevailing over the City's. The decision of the Mayor and City Council shall be considered the final administrative decision of the city. §7-ARTICLE 7-1-19 DEVELOPMENT FEE AS SUPPLEMENTAL REGULATION TO OTHER FINANCING METHODS. (A) Except as herein otherwise provided, development fees are in addition to any other requirements,taxes,fees or assessments imposed by the city on development or the issuance of building permits or certificates of occupancy which are imposed on and due against property within the jurisdiction of the city. Development fees are intended to be consistent with the city's Comprehensive Plan, Capital Improvements Program, Land Development Code, and other city policies, ordinances and resolutions by which the city seeks to ensure the provision of capital facilities in conjunction with development. (B) In addition to the use of development fees,the city may finance qualifying capital improvements through the issuance of bonds, the formation of assessment districts or any other authorized mechanism, in a manner and subject to such limitations as provided by law. 25 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona §7-ARTICLE 7-1-20 REFUNDS OF DEVELOPMENT IMPACT FEES. (A) Refunds. A refund (or partial refund) will be paid to any current owner of property within the City who submits a written request to the City and demonstrates that: (1) The permit(s) that triggered the collection of the development impact fee have expired or been voided prior to the commencement of the development for which the permits were issued and the development impact fees collected have not been expended, encumbered, or Pledged for the repayment of Financing or Debt; or (2) The owner of the subject real property or its predecessor in interest paid a development impact fee for the applicable Capital Facility on or after August 4, 2014, and one of the following conditions exists: (a) The Capital Facility designed to serve the subject real property has been constructed, has the capacity to serve the subject real property and any development for which there is reserved capacity, and the service which was to be provided by that Capital Facility has not been provided to the subject real property from that Capital Facility or from any other infrastructure. (b) After collecting the fee to construct a Capital Facility the City fails to complete construction of the Capital Facility within the time period identified in the Infrastructure Improvements Plan, as it may be amended, and the corresponding service is otherwise unavailable to the subject real property from that Capital Facility or any other infrastructure. (c) For a Category of Necessary Public Services, any part of a development impact fee is not spent within ten years of the City's receipt of the development impact fee. (d) The development impact fee was calculated and collected for the construction cost to provide all or a portion of a specific Capital Facility serving the subject real property and the actual construction costs for the Capital Facility are less than the construction costs projected in the Infrastructure Improvements Plan by a factor of 10% or more. In such event, the current owner of the subject real property shall, upon request as set forth in this Section A, be entitled to a refund for the difference between the amounts of the development impact fee charged for and attributable to such construction cost and the amount the development impact fee would have been calculated to be if the actual construction cost had been included in the Fee Report. The refund contemplated by this Subsection shall relate only to the costs specific to the construction of the applicable Capital Facility and shall not include any related design, administrative, or other costs not directly incurred for construction of the Capital Facility that are included in the development impact fee as permitted by A.R.S. § 9-463.05. (B) Earned Interest. A refund of a development impact fee shall include any interest actually earned on the refunded portion of the development impact fee by the City from the date of collection to the date of refund. All refunds shall be made to the record owner of the property at the time the refund is paid. (C) Refund to Government. If a development impact fee was paid by a governmental entity, any refund shall be paid to that governmental entity. 26 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona §7-ARTICLE 7-1-21 INDIVIDUAL ASSESSMENT OF DEVELOPMENT FEES. (A) If any applicant believes that the impact of the proposed development will be substantially less than would be indicated by using the fee schedule, the person may request to perform an individual assessment of the impact of the proposed development at his or her own cost. A request for an individual assessment must be made before submitting an application for a building permit. (B) (1) The individual assessment shall be subject to the following special standards and procedures: (a) Street Facilities development fees(as set forth in Vol. II, § 7-2); (b) Police Facilities development fees(as set forth in Vol. Il, § 7-3); (c) Parks and Recreational Facilities development fees (as set forth in Vol. II, § 7-4); (d) Library Facilities development fees (as set forth in Vol. II, § 7-5); and (2) If the Development Fee Administrator accepts the computations of the individual assessment under this subchapter, the applicable fee shall be determined from the individual assessment. § 7-ARTICLE 7-1-22 OVERSIGHT OF DEVELOPMENT IMPACT FEE PROGRAM. (A) Annual Report. Within 90 days of the end of each fiscal year,the City shall file with the City Clerk an unaudited annual report accounting for the collection and use of the fees for each service area and shall post the report on its website in accordance with A.R.S. § 9-463.05, Subsections N and O, as amended. Biennial Audit (B) Biennial Audit. In addition to the Annual Report described in Subsection A of this Section, the City shall provide for a biennial, certified audit of the City's Land Use Assumptions, Infrastructure Improvements Plan and development impact fees. (1) An audit pursuant to this Subsection shall be conducted by one or more Qualified Professionals who are not employees or officials of the City and who did not prepare the Infrastructure Improvements Plan. (2) The audit shall review the collection and expenditures of development fees for each project in the plan and provide written comments describing the amount of development impact fees assessed, collected, and spent on capital facilities. (3) The audit shall describe the Level of Service in each Service Area, and evaluate any inequities in implementing the Infrastructure Improvements Plan or imposing the development impact fee. (4) The City shall post the findings of the audit on the City's website and shall conduct a public hearing on the audit within 60 days of the release of the audit to the public. (5) For purposes of this Section a certified audit shall mean any audit authenticated by one or more of the Qualified Professionals conducting the audit pursuant to paragraph (1) of this Subsection. 27 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona §7-ARTICLE 7-1-23 CALCULATION OF DEVELOPMENT FEES BASED ON FEE SCHEDULE. (A) Unless an applicant requests an individual assessment as set forth in the following division, the development fees shall be calculated for the proposed development based on any plan approval and/or permit allowing the use, according to the applicable fee schedule. (B) The following development fee schedules have been adopted by City Council ordinance and are incorporated herein by reference: (1) Street Facilities development fee schedule (see also Vol. II, § 7-2); (2) Police Facilities development fee schedule (see also Vol. II, § 7-3); (3) Parks and Recreational Facilities development fee schedule (see also Vol. II, § 7-4); (4) Library Facilities development fee schedule (see also Vol. II, § 7-5); and (C) The land uses specified in the development fee schedules shall be interpreted as follows: (1) "Single Unit" shall include Dwelling, Single-Family as defined in Vol. II, § 1-5-1 of the City Zoning Ordinance. The definition includes mobile and manufactured homes when located on a platted lot outside of a mobile home park. (2) "Single Unit - Manufactured" shall include Mobile Home and Manufactured Home as defined in Vol. II, § 1-5-1 of the City Zoning Ordinance and as defined in A.R.S. § 41- 2142(26), and shall be interpreted as the creation of a new mobile home or recreational vehicle (as defined in A.R.S. § 41-2142(26)) space in a mobile home or recreational vehicle park. (3) "2+ Unit" shall include any Dwelling Unit as defined in Vol. II, § 1-5-1 of the City Zoning Ordinance that does not fit the definitions of Single Unit or Single Unit- Manufactured. (4) Nonresidential land uses shall be defined according to the descriptions of land uses in the most current edition of Trip Generation, published by the Institute of Transportation Engineers, provided that retail uses not separately identified shall be classified in the shopping center category, and institutional uses not separately identified shall be classified in the general office category. (D) The units of development specified in the fee schedule shall be interpreted as follows: (1) A dwelling shall be interpreted as Dwelling Unit as defined in Section 7-1-4 of this Chapter, provided that it shall also be interpreted as the creation of a new mobile home or recreational vehicle space in a mobile home or recreational vehicle park; and (2) Building square footage shall be measured in terms of gross floor area, measured from the outside surfaces of the building walls. (E) For categories of uses not specified in the applicable development fee schedule, the Development Fee Administrator shall apply the category of use set forth in the applicable fee schedule that he or she deems to be most similar to the proposed use. (F) If any plan or permit approval for the proposed development indicates a mix of uses in the development, the development fees shall be calculated separately for each use and the results aggregated. 28 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona (G) For an addition, or to remodel or replace existing structures, or for a change of use to an existing structure,the development fee to be paid shall be the difference, if any, between: (1) The fee, if any, that would be payable for existing development on the site or, in the case of demolition or removal of a structure,the previous development on the site; and (2) The fee, if any, that would be payable for the total development on the site after the new development. (H) After receiving a written request of an applicant, the Development Fee Administrator shall provide an estimate of the current fee based on the data provided by the applicant. However, this estimate does not establish any vested rights to build or develop the property. ARTICLE 7-2. STREET FACILITIES DEVELOPMENT FEES Section 7-2-1 Street Facilities development fee schedule 7-2-2 Individual assessments of Street Facilities development fees 7-2-3 Use of Street Facilities development fees §ARTICLE 7-2- 1 STREET FACILITIES DEVELOPMENT FEE SCHEDULE. (A) Street Facilities development fees shall be paid in accordance with Vol. II, § Appendix 7-A at the conclusion of Chapter 7. §ARTICLE 7-2- 2 INDIVIDUAL ASSESSMENTS OF STREET FACILITIES DEVELOPMENT FEES. (A) The Street Facilities development fee shall be calculated based upon individual assessment. An individual assessment shall be at the cost of the applicant and shall be prepared by a qualified traffic engineer firm. (B) At the option of the applicant, the Street Facilities development fee may be calculated based on the adopted Street Facilities development fee schedule. The Development Fee Administrator shall determine the land use category in the fee schedule that best represents the proposed use in terms of trip generation characteristics. In the event that the Development Fee Administrator determines that the land use categories, trip generation rates, or primary trip factors in the fee schedule do not accurately reflect the proposed development, the Development Fee Administrator shall determine the fee based on the land use categories, trip generation rates or equations and/or primary trip data contained in the most current edition of the Institute of Transportation Engineers Trip Generation manual ("ITE manual"). The Development Fee Administrator shall make the determination of the appropriate land use category, trip generation rate, or equation and primary trip factor, based on the appropriateness and quality of the data, guidelines for determining whether to use trip generation rates or equations set forth in the ITE manual, and other relevant considerations. Once the appropriate land use and travel demand factors have been determined, the Development Fee Administrator shall calculate the fee using the following formula: 29 DK,, Development Impact Fee Ordinance City of Apache Junction,Arizona Step 4-Cost per Development Unit Per Vehicle Streets Level Of Service and Capital Costs Mile Traveled Minor Arterial Cost $32.42 GROSS CAPITAL COST $32.42 Arterial Street Facilities-Residential Development Fee Schedule VMT= [A] [8] [C] [D] [A]x[8]x]C]x[D] Weekday Trip Rate Avg Miles Trip Length Cost ArteriF$874 Vehicle Adjustment per Veh.Trip Weighting Per Propose Trip Ends* Factors* on System* Factors* VMT VMi Unit Type Single Unit 5.60 64% 7.92 121% 34.33 X $32.42 = SingleUnit-Manufactured 4.49 64% 7.92 121% 27.54 X $32.42 = 2+Unit 4.40 64% 7.92 121% 26.97 X $32.42 = Arterial Street Facilities-Nonresidential Development Fee Schedule Weekday Trip Rate Avg Miles Trip Length Cost Arterial Component Vehicle Adjustment per Veh.Trip Weighting Per Proposed Development Fee Trip Ends* Factors* on System* Factors* VMT[E] VMT[F] ]E]X]F]/1,000 Sri Commercial 42.70 339/ 7.92 66% 73.62 X $32.42 = $2.38 Office 11.03 50% 7.92 73% 31.87 X $32.42 = $1.03 Industrial 6.97 50% 7.92 73% 20.14 X $32.42 = $0.65 Per Vehicle Streets Level Of Service and Capital Costs Mile Traveled Col I e cto r Costs $98.40 GROSS CAPITAL COST $98.40 Collector Street Facilities-Residential Development Fee Schedule VMT= [A] [8] [C] [D] [A]x[8]x[C]x[D] Weekday Trip Rate Avg Miles Trip Length Cost Collector Component Vehicle Adjustment per Veh.Trip Weighting Per Proposed Development Trip Ends* Factors* on System* Factors* VMT VMT Fee Unit T e Single Unit 5.60 64% 2.39 using 121% 10.37 X $98.40 = $1,020 SingleUnit-Manufactured 4.49 1 64% 1 2.39 1 121% 1 8.32 X $98.40 = $818 2+Unit 1 4.40 1 64% 1 2.39 1 121% X $98.40 1= $801 [11 Current Fee established in 2012was for Single Familyand Manufactured Home.The average of both is entered here. Collector Street Facilities-Nonresidential Development Fee Schedule Weekday Trip Rate Avg Miles Trip Length Cost Collector Component Vehicle Adjustment per Veh.Trip Weighting Per Proposed Development Fee Trip Ends* Factors* on System* Factors* VMT[E] VMT[F] [E]XIF1/1,000 ire Commercial 42.70 33% 2.39 66% 22.23 X $98.40 = $2.18 Office 11.03 50% 2.39 73% 9.62 X $98.40 = $0.94 Industrial 6.97 50% 2.39 73% 6.08 X $98.40 = $0.59 30 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona Per Vehicle Streets Level Of Service and Capital Costs Mile Traveled Signalized Intersection Costs $4.89 GROSS CAPITAL COST $4.89 Signalized Intersection Street Facilities-Residential Development Fee Schedule VMT= [A] [8] [C] [D] ]A]x]8]x]C]x]D] Weekday Trip Rate Avg Miles Trip Length Cost Arterial Component Vehicle Adjustment per Veh.Trip Weighting Per Proposed Development Trip Ends* Factors* on System* I Factors* VMT VMT Fee Unit T e (Per Housing Unit) Single Unit 1 5.60 1 64% 1 10.32 1 121% 1 44.76 1 X $4.89 1 = $218 Single Unit-Manufacturedl 4.49 1 64% 1 10.32 1 121% 1 35.91 X $1.89 = $175 2+Unit 4.40 64% 10.32 121% 35.17 X $4.89 = $171 [1]Current Fee established in 2012was for Single Familyand Manufactured Home. The average of both is entered here. Signalized Intersection Street Facilities-Nonresidential Development Fee Schedule Weekday Trip Rate Avg Miles Trip Length Cost Arterial Component Vehicle Adjustment per Veh.Trip Weighting Per Proposed Development Fee Trip Ends* Factors* on System* Factors* VMT[E] VMT[F] (E]X(F]/1,000 Sri Commercial 42.70 33% 10.32 66% 95.98 X $4.89 = $0.46 Office 11.03 50% 10.32 73% 41.55 X $4.89 = $0.20 Industrial 6.97 50% 1 10.32 1 73% 1 26.26 X $4.89 = $0.12 Where: FEE =VMT X Net cost per VMT VMT = Average Weekday Trip Ends X Adjustment Factor X Average Miles per System Trip X Trip Length Weighting Factors Weekday Trip Ends = vehicle trips per 1,000 sq. ft. of nonresidential development as per 1,000 Sq. Ft. defined in the ITE Manual Trip Adjustment = percentage of all trip ends that represent destination trips as Factor defined in the ITE Manual Average Miles per = 7.95 for Minor Arterials, 2.39 for Collectors, and 10.32 for the System Trip Street Facilities system and unless the applicant provides convincing evidence that another factor is more appropriate for the proposed development Trip Length Weighting = average trip length ratio by land use type as defined in the National Factors Household Travel Survey Net Cost per VMT = $32.42 for Minor Arterials, $98.40 for Collectors, and $4.89 for Signalized Intersections unless the applicant provides convincing evidence that another net cost factor is more appropriate for the proposed development (C) The traffic study shall be signed by the traffic engineer submitting the assessment and shall include, without limitation,the following elements: (1) A projection of the number of vehicular trips entering and departing from the project during an average weekday; 31 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona (2) If the site is already developed, and some or all of the existing development will be replaced by the completed project, a calculation of the number of vehicular trips for that portion of the existing development which will be replaced by the completed project; (3) The percentage of those trips identified in divisions (13)(1) and (13)(2) above which are "primary trips" (as opposed to "pass-by trips" or "diverted-link trips" for which the project is not the primary destination); (4) The average length of those trips on the City's major roadway system; (5) The assumptions and conclusions from which any projections are made; if the assumptions or conclusions are derived from the current edition of the ITE manual or other standard reference materials, the materials shall be identified and appropriate excerpts or specific references provided; otherwise, the reasoning underlying the assumptions and conclusions shall be clearly stated in writing; and (6) Such information as the Development Fee Administrator shall reasonably request. §ARTICLE 7-2- 3 USE OF STREET FACILITIES DEVELOPMENT FEES. (A) The revenues from Street Facilities development fees collected within the service area and accrued interest on such revenues shall be used to finance project costs of qualifying major roadway improvements, as determined by the City Council. (B) Qualifying road improvements are limited to improvements to the City's major roadway system. The City's major roadway system consists of all city-maintained roadways or portions thereof that are classified as collectors or arterials by the city's adopted Street Classification Plan on file within the Public Works Department. (C) Qualifying improvement costs include project engineering costs; the construction cost of improvement, including but not limited to street travel lanes, public pedestrian and bicycle pathways, turning lanes, lighting, signalization, signage and landscaping improvements that are required for the roadway improvement to function effectively; and the principal, interest and other financing costs of bonds, notes or other obligations issued by or on behalf of the city to finance qualified improvements. Such revenues may also fund the cost of consultants used in updating the transportation portion of the Capital Improvements Program and in updating the Street Facilities development fee computations. (D) Monies collected as Street Facilities development fees shall not be used to pay for any of the following: (1) Construction, acquisition or expansion of public facilities other than qualifying Street Facilities improvements; (2) Retirement of debt incurred for Street Facilities constructed prior to March 1, 1997; (3) Street Facilities improvements, such as acceleration or deceleration lanes, that primarily serve, or are needed to mitigate the impacts of an individual development; (4) Repair, operation or maintenance of existing streets; 32 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona (5) City personnel and consultants hired for purposes other than those expressly permitted under divisions(A) and (B) above; (6) Streets and related transportation improvements that are within or adjacent to, and intended to serve only, a specific development such as a new residential subdivision; or (7) Acquisition of land or rights-of-way. Land costs are not included in the Street Facilities development fee calculations and no development fee funds shall be expended on right-of- way acquisition, nor shall offsets against Street Facilities development fees be provided for dedication of rights-of-way. ARTICLE 7-3. POLICE FACILITIES DEVELOPMENT FEES Section 7-3-1 Police development fee schedule 7-3-2 Individual assessments of police development fees 7-3-3 Use of police development fees §ARTICLE 7-3- 1 POLICE FACILITIES DEVELOPMENT FEE SCHEDULE. (A) Police Facilities development fees shall be paid in accordance with Vol. II, § Appendix 7-A at the conclusion of Chapter 7. §ARTICLE 7-3- 2 INDIVIDUAL ASSESSMENTS OF POLICE DEVELOPMENT FEES. (A) The Police Facilities Development Fee may be calculated based upon individual assessment. An individual assessment shall be at the cost of the applicant and shall be performed by a traffic engineer or other qualified professional as approved by the Development Fee Administrator. (B) At the option of the applicant, the police development fee may be calculated based on the adopted police development fee schedule. The Development Fee Administrator shall determine the land use category in the fee schedule that best represents the proposed use in terms of Service Unit characteristics. In the event that the Development Fee Administrator determines that the nonresidential land use categories in the fee schedule do not accurately reflect the proposed development, the Development Fee Administrator shall determine the fee based on the land use categories, trip generation rates or equations, average vehicle occupancy and/or other data contained in the most current edition of the ITE manual or other appropriate source. The Development Fee Administrator shall make the determination of the appropriate land use category, trip generation rate or equation and other factors based on the appropriateness and quality of the data, the guidelines for determining whether to use trip generation rates or equations set forth in the ITE manual, and other relevant considerations. Once the appropriate land use, trip generation and other factors have been determined, the Development Fee Administrator shall calculate the fee using the following formula: 33 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona Police Facilities Residential Level Of Service and Capital Costs Per Person Vehicle Costs $63.06 Communications Equipment Costs $23.86 IlPand Development Fee Study Cost $6.44 GROSS CAPITAL COST $93.36 Revenue Credit 0% $0.00 NET CAPITAL COST $93.36 Police Facilities Residential Development Fee Schedule Persons per Cost per Development Unit Type Housing Unit 1 Person Fee Single Unit 1.73 X $93.36 = $161 SingleUnit- Manufactured 1.21 X $93.36 = $113 2+Unit 1.39 X $93.36 = $129 Police Facilities Nonresidential Level Of Service and Capital Costs Per Nonres Trip Vehicle Costs $7.58 Communications Equipment Costs $2.87 IlPand Development Fee Study Cost $0.31 GROSS CAPITAL COST $10.76 Revenue Credit 0% $0.00 NET CAPITAL COST $10.76 Police Facilities Nonresidential Development Fee Schedule Cost per Development Nonresidential Land Use Vehicle Trips 1 Nonres Trip Fee Commercial 14.09 X $10.76 = $0.15 Office 5.52 X $10.76 = $0.05 Industrial 3.49 X $10.76 = $0.03 [1] Development Fee Land Use Assumptions [2] Current Fee established in 2012 Where: Persons per Housing = the average number of persons per total dwelling units of the Unit proposed housing type Vehicle Trips = Weekday Trip Ends per 1,000 Sq. Ft. X Trip Adjustment Factor Weekday Trip Ends = vehicle trips per 1,000 sq. ft. of nonresidential development as per 1,000 Sq. Ft. defined in the ITE Manual Trip Adjustment = percentage of all trip ends that represent destination trips as Factor defined in the ITE Manual Net Cost per Person = $93.36 unless the applicant provides convincing evidence that another net cost factor is more appropriate for the proposed development Net Cost per Trip = $10.76 unless the applicant provides convincing evidence that 34 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona another net cost factor is more appropriate for the proposed development (C) The individual assessment for a nonresidential use shall include, without limitation, the following elements: (1) A projection of the number of vehicular trips entering and departing from the project during an average weekday; (2) The assumptions and conclusions from which any projections are made. If the assumptions or conclusions are derived from the current edition of the ITE manual or other standard reference materials, the materials shall be identified and appropriate excerpts or specific references provided. Otherwise, the reasoning underlying the assumptions and conclusions shall be clearly stated in writing; and (3) Other information as the Development Fee Administrator shall reasonable request. (D) The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in the preceding Vol. II, § 7-3-1 or the formula for residential uses described in division (B) of this section. §ARTICLE 7-3- 3 USE OF POLICE DEVELOPMENT FEES. (A) The revenues from Police Facilities development fees collected within the service area and accrued interest on such revenues shall be used to finance project costs of qualifying police improvements, as determined by the City Council, provided that the improvements are located within the same service area. (B) Qualifying police improvements are limited to capital improvements to the city's public safety building, acquisition of land for or construction of police substations, acquisition of capital equipment required for police operations, or other similar improvements, including the principal, interest and other financing costs of bonds, notes or other obligations issued by or on behalf in the city to finance qualified improvements. Such revenues may also fund the cost of consultants used in updating the police portion of the Capital Improvements Program and in updating the police development fee computations. (C) Monies collected as Police Facilities development fees shall not be used to pay for any of the following: (1) Construction, acquisition or expansion of public facilities other than qualifying police improvements; (2) Retirement of debt incurred for police facilities constructed prior to March 1, 1997; (3) Repair, operation, maintenance or replacement of existing police facilities or capital equipment; and (4) City personnel and consultants hired for purposes other than those expressly permitted under divisions(A) and (B) above. 35 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona ARTICLE 7-4. PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEES Section 7-4-1 Parks and Recreational Facilities development fee schedule 7-4-2 Individual assessments of Parks and Recreational Facilities development fees 7-4-3 Use of Parks and Recreational Facilities development fees §ARTICLE 7-4- 1 PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEE SCHEDULE. Parks and Recreational Facilities development fees shall be paid in accordance with Vol. ll, § Appendix 7- A at the conclusion of Chapter 7. § ARTICLE 7-4- 2 INDIVIDUAL ASSESSMENTS OF PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEES. (A) The Parks and Recreational Facilities development fee may be calculated based upon individual assessment. An individual assessment shall be at the cost of the applicant and shall be performed by a qualified professional as approved by the Development Fee Administrator. (B) The individual assessment shall include, without limitation, the data sources and calculations used to derive the ratio of Service Unit to Land Use for the type of proposed development. The Parks and Recreational Facilities development fee per development unit shall be calculated according to the following formula: 36 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona Parks and Recreational Facilities Level Of Service and Infrastructure Costs Per Person Parkland Cost Developed Parks $594.31 Park Improvements Cost Developed Parks $204.32 Recreation Facility Cost $40.24 Multi-Use Trails Cost $1.98 IlPand Development Fee Study Cost: $7.28 GROSS CAPITAL COST $848.13 Revenue Credit 0% $0.00 NET CAPITAL COST $848.13 Parks and Recreational Facilities Development Fee Schedule Persons per Cost per Development Unit Type Housing Unit 1 I Person Fee Single Unit 1.73 X $848.13 = $1,466 SingleUnit- Manufactured 1.21 X $848.13 = $1,027 2+Unit 1.39 X $848.13 = $1,174 [1] Development Fee Land Use Assumptions [2] Current Fee established in 2012 Parks and Recreational Facilities Level Of Service and Infrastructure Costs Per Job Parkland Cost Developed Parks $364.28 Park Improvements Cost Developed Parks $125.24 Recreation Facility Cost $24.67 Multi-Use Trails Cost $1.22 IlPand Development Fee Study Cost: $1.71 GROSS CAPITAL COST $517.12 Revenue Credit 0% $0.00 NET CAPITAL COST $517.12 Parks and Recreational Facilities Development Fee Schedule Cost per Development Nonresidential Land Use Jobs[31 Job Fee Commercial 2.00 X $517.12 = $1.03 Office 3.32 X $517.12 = $1.71 Industrial 2.31 X $517.12 = $1.19 [31 Trip Generation, Institute of Transportation Engineers,9th Edition (2012). [4] Cityof Apache Junction does not currentlyassess Parks and Recreational Facilities developmentfees on nonresidential development. Where: Persons per Housing = the average number of persons per total dwelling units of the Unit proposed housing type Jobs = Employment per 1,000 Sq. Ft. as defined in the ITE Manual Net Cost per Person = $848.13 unless the applicant provides convincing evidence that another net cost factor is more appropriate for the proposed development 37 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona Net Cost per Job = $517.12 unless the applicant provides convincing evidence that another net cost factor is more appropriate for the proposed development (C) The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in division (A) of this section. §ARTICLE 7-4- 3 USE OF PARK AND RECREATIONAL FACILITIES DEVELOPMENT FEES. (A) The revenues from Parks and Recreational Facilities development fees collected within the service area and accrued interest on the revenues shall be used to finance project costs of qualifying parks and recreation improvements, as determined by the City Council, provided that the improvements are shown in the approved Infrastructure Improvements Plan as described in Section 7-1-10 of this Chapter, and are located within the same services area. (B) Qualifying parks and recreation improvements are limited to park site development costs, including grading, utilities, landscaping, lighting, fencing, signage and construction of parking facilities; acquisition, construction and installation of parks and recreation facilities and equipment; or other similar improvements, including the principal, interest and other financing costs of bonds, notes or other obligations issued by, or on behalf of, the city to finance qualified improvements. Such revenues may also fund the cost of consultants used in updating the parks and recreation portion of the Capital Improvements Program and in updating the parks and recreation development fee computations. (C) Monies collected as Parks and Recreational Facilities development fees shall not be used to pay for any of the following: (1) Construction, acquisition or expansion of public facilities other than qualifying Parks and Recreational Facilities improvements; (2) Retirement of debt incurred for Parks and Recreational Facilities constructed prior to March 1, 1997; (3) Repair, operation, maintenance or replacement of existing Parks and Recreational Facilities or capital equipment; and (4) City personnel and consultants hired for purposes other than those expressly permitted under divisions (A) and (B) above. ARTICLE 7-5. LIBRARY FACILITIES DEVELOPMENT FEES Section 7-5-1 Library development fee schedule 7-5-2 Individual assessment of library development fees 7-5-3 Use of library development fees 38 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona §ARTICLE 7-5- 1 LIBRARY FACILITIES DEVELOPMENT FEE SCHEDULE Library development fees shall be paid in accordance with Vol. II, § Appendix 7-A at the conclusion of Chapter 7. §ARTICLE 7-5- 2 INDIVIDUAL ASSESSMENT OF LIBRARY FACILITIES DEVELOPMENT FEES. Individual assessments of Library Facilities development fees shall be allowed as follows: (A) The Library Facilities development fee may be calculated based upon individual assessment. An individual assessment shall be at the cost of the applicant and shall be performed by a qualified professional as approved by the Development Fee Administrator. (B) The individual assessment shall include, without limitation, the data sources and calculations used to derive the ratio of Service Unit to Land Use for the type of proposed development. The development fee per development unit shall be calculated according to the following formula: 39 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona Library Facilities Level of Service and Infrastructure Costs Per Person LibraryFacilities $534.90 IlPand Development Fee Study Cost $5.29 GROSS CAPITAL COST $540.19 Revenue Credit 0% $0.00 NET CAPITAL COST $540.19 Library Facilities Development Fee Schedule Persons per Cost per Development Unit Type Housing Unit[1] Person Fee Single Unit 1.73 X $540.19 = $934 SingleUnit- Manufactured 1.21 X $540.19 = $654 2+Units 1 1.39 X $540.19 = $748 [1] Development Fee Land Use Assumptions [2] Current Fee established in 2012 Library Facilities Level of Service and Infrastructure Costs Perlob LibraryFacilities $151.93 IIP and Development Fee Study Cost $1.24 GROSS CAPITAL COST $153.17 Revenue Credit 0% $0.00 NET CAPITAL COST $153.17 Library Facilities Nonresidential Development Fee Schedule Cost per Development Nonresidential Land Use Jobs[3] Job Fee Commercial 2.00 X $153.17 = $0.30 Office 3.32 X $153.17 = $0.50 Industrial 2.31 X $153.17 = $0.35 [31 Trip Generation, Institute of Transportation Engineers,9th Edition (2012). [4] Cityof Apache Junction does not currentlyassess Library Facilities developmentfees on nonresidential development. Where: Persons per Housing = the average number of persons per total dwelling units of the Unit proposed housing type Jobs = Employment per 1,000 Sq. Ft. as defined in the ITE Manual Net Cost per Person = $540.19 unless the applicant provides convincing evidence that another net cost factor is more appropriate for the proposed development Net Cost per Job = $153.17 unless the applicant provides convincing evidence that another net cost factor is more appropriate for the proposed development 40 DRAFT-Development Impact Fee Ordinance City of Apache Junction,Arizona (C) The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in division (A) of this section. §ARTICLE 7-5- 3 USE OF LIBRARY FACILITIES DEVELOPMENT FEES. (A) The revenues from Library Facilities development fees collected within the service area and accrued interest on such revenues shall be used to finance project costs of qualifying library improvements, as determined by the City Council, provided that the improvements are shown in the approved Infrastructure Improvements Plan as described in Section 7-1-10 of this Chapter, and are located within the same services area. (B) Qualifying library improvements are limited to acquisition of library sites; library site development costs, including grading, utilities, landscaping, lighting, fencing, signage and construction of parking facilities; acquisition, construction and installation of library facilities and equipment; or other similar improvements, including the principal, interest and other financing costs of bonds, notes or other obligations issued by or on behalf of the city to finance qualified improvements. The revenues may also fund the cost of consultants used in updating the library portion of the Capital Improvements Program and in updating the Library Facilities development fee computations. (C) Monies collected as Library Facilities development fees shall not be used to pay for any of the following: (1) Construction, acquisition or expansion of public facilities other than qualifying library improvements; (2) Retirement of debt incurred for library facilities constructed prior to March 1, 1997; (3) Repair, operation, maintenance or replacement of existing library facilities or capital equipment; and (4) City personnel and consultants hired for purposes other than those expressly permitted under divisions(A) and (B) above. APPENDIX 7-A. DEVELOPMENT FEE SCHEDULE Effective date of this fee schedule is August 4, 2014. 41 Development Impact Fee Ordinance City of Apache Junction,Arizona s Total Recrea Police Streets Library Park tion Development Fee Residential Single Unit $9341 $1,466 $1611 $2,3641 $4,925 Single Unit-Manufactured Homes $6541 $1,027 $1131 $1,8951 $3,689 2+Unit $7481 $1,174 $1291 $1,8561 $3,907 Nonresidential Commercial $0.30 $1.03 $0.15 $5.04 $6.52 Office $0.50 $1.71 $0.05 $2.18 $4.44 Industrial $0.35 $1.19 $0.03 $1.36 $2.93 (Ord. 1291, passed ) 42 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.8. '+'Piz File ID: 14-163 Sponsor: Kathy Connelly Agenda Date: 3/31/2014 Index: In Control: City Council Work Session Discussion on designation of acting mayor under Apache Junction City Code Section 2-2-3. Section 2-2-3 allows the council to designate one of its members to serve as acting mayor in the absence of both the mayor and vice mayor. Discussion only. City of Apache Junction,Arizona Page 1 Printed on 611512026 ALP Page 5 of 42 (Prior Code, § 2-2-2) �J§ 2-2-3 ACTING MAYOR. In the absence or disability of both the Mayor and Vice Mayor, the Council may designate another of its members to serve as acting Mayor who shall have all the powers, duties and responsibilities of the Mayor during such absence or disability. (Prior Code, § 2-2-3) Q§2-2-4 POWERS AND DUTIES OF THE MAYOR. The powers and duties of the Mayor shall include the following: (A) Be the chief executive officer of the city; (B) Be the Chairperson of the Council and preside over its meetings during which the making and seconding motions and having a voice and vote in all its proceedings; (C) Execute and authenticate by signature such instruments as the Council, or any statutes,ordinances, resolutions or this Vol. I shall require; (D) By proclamation, declaring a local emergency to exist due to fire, conflagration, flood, earthquake, explosion, war, bombing or any other natural or human-made calamity or disaster or in the event of the threat or occurrence of riot, rout or affray or other acts of civil disobedience which endanger life or property within the city. After declaration of the emergency,the Mayor shall govern by proclamation and impose all necessary regulations to preserve the peace and order of the city, including but not limited to: (1) Imposition of a curfew in all or any portion of the city; (2) Ordering the closing of any business; (3) Closing to public access any public building, street or other public place; and/or (4) Calling upon regular or auxiliary law enforcement agencies and organizations within or without the political subdivision for assistance. (E) Performing other duties required by state statute and this Vol. I as well as those duties required as chief executive officer of the city. (Prior Code, § 2-2-4) http://www.amlegal.com/nxt/gateway.dll/Arizona/apachejunction_az/chapter2mayorcounci... 3/19/2014