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HomeMy WebLinkAbout2020 03.03 City Council Regular Agenda re�c � City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall A ends 300 E.Superstition Blvd \ - g Apache Junction,AZ \RiZONr 85119 City Council Meeting apachejunctionaz.gov Ph:(480)982-8002 Tuesday, March 3,2020 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 20-087 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 20-088 Consideration of approval of minutes of the regular meeting of February 18, 2020. Sponsors: Jennifer Pena Attachments: 02.18.20 Minutes E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 3. 20-089 Announcement of current events from mayor and councilmembers. Sponsors: Jeff Serdy City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Meeting Agenda March 3,2020 G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 4. 20-090 City Manager's Report. Sponsors: Bryant Powell 5. 20-031 Discussion and presentation by Stephen Herring of Republic Services on free dump week and an update on Solid Waste, Recycling and Disposal Services contract to start April 1 st. Sponsors: Bryant Powell H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 6. 20-095 Presentation, discussion, public hearing and consideration of Resolution No. 20-05, declaring as a public record that certain document filed with the city clerk entitled "2020 Amendments to Apache Junction City Code, Volume I, Chapter 7: Buildings, Article 7-1: Division of Building Safety and Inspection Administrative Code, § 7-1-9 Unsafe Building or Unsafe Property, § 7-1-11 Construction Standards for Manufactured Home, Mobile Home, Park Model, and Recreational Vehicle Standards"; repealing any conflicting provisions; providing for severability; and establishing an effective date. Sponsors: Larry Kirch Attachments: Resolution No.20-05 City of Apache Junction,Arizona Page 2 Printed on 611512026 City Council Meeting Agenda March 3,2020 7. 20-094 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1485, amending Apache Junction City Code, Volume I, Chapter 7: Buildings, by amending Chapter 7 and adopting by reference that certain document entitled "2020 Amendments to the Apache Junction City Code, Vol. I, Chapter 7, Buildings, Article 7-1: Division of Building Safety and Inspection Administrative Code, § 7-1-9 Unsafe Building or Unsafe Property, § 7-1-11 Construction Standards for Manufactured Home, Mobile Home, Park Model, and Recreational Vehicle Standards"; repealing any conflicting provisions; providing for severability; providing for penalties; and establishing an effective date. Sponsors: Larry Kirch Attachments: Memo MH and PM Ordinance No. 1485 Redline to Ordinance Park Model Inspection Form I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 8. 20-074 Presentation and discussion on Intergovernmental Agreement with ADOT for the design and construction of Bicycle and Pedestrian Improvements on Idaho Road from Superstition Blvd. to McKellips Blvd. Sponsors: Raquel Schatz Attachments: Council Memo Resolution 19-37 Presentation IGA Resolution 19-37 City of Apache Junction,Arizona Page 3 Printed on 611512026 City Council Meeting Agenda March 3,2020 9. 20-096 Presentation and discussion on Resolution No. 20-03 authorizing the City of Apache Junction to enter into an intergovernmental facilities use agreement with the Apache Junction Unified School District to extend recreational and educational related services and programs to the community and for joint or cooperative activities. Sponsors: Liz Langenbach Attachments: Staff Memo AJUSD IGA AJUSD and City of AJ IGA 2020 Resolution 20-03 IGA with AJUSD DRAFT 10. 20-068 Discussion on and consideration of approval of the Pinal County intergovernmental agreement for election services for the August 2020 primary election and, if necessary, the November 2020 general election. Through the intergovernmental agreement the city will obtain critical election and voter-related services to include sample and final ballots, ballot tabulation, precinct registers and signature rosters, early voting and election boards. Sponsors: Jennifer Pena Attachments: 2020-Staff Memo-Pinal Co election IGA 2020 Election IGA-Pinal Co 11. 20-071 Discussion on community service sign. Sponsors: Robert Schroeder Attachments: Community Service Sign 12. 20-030 Discussion on achieving a Dark Sky Community designation from the International Dark Sky Association. Sponsors: Robert Schroeder Attachments: International Dark Sky Community Program Guidelines K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 13. 20-091 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, March 16, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, March 17, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. Sponsors: Bryant Powell City of Apache Junction,Arizona Page 4 Printed on 611512026 City Council Meeting Agenda March 3,2020 M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker;2)ask the city manager to review a matter; 3)ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three (3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 5 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 1. Piz File ID: 20-087 Sponsor: Jennifer Pena Agenda Date: 3/3/2020 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.2. Piz File ID: 20-088 Sponsor: Jennifer Pena Agenda Date: 3/3/2020 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of February 18, 2020. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona Meeting location: pi City Council Chambers Meeting Minutes at City Hall =.s 300 E.Superstition Blvd �Ri2�N* CityCouncil Meeting Apache Junction,AZ g 85119 www.ajcity.net Ph:(480)982-8002 Tuesday, February 18,2020 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Serdy called the meeting to order at 7:03 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Wilson gave the invocation and Councilmember Struble led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Serdy Vice Mayor Wilson Councilmember Barker Councilmember Evans Councilmember Rizzi Councilmember Schroeder Councilmember Struble Staff in Attendance: Bryant Powell, City Manager Matt Busby,Assistant City Manager Anna McCray,Assistant to City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Al Bravo, Public Information Officer Larry Kirch, Development Services Director Thomas Kelly, Chief of Police Janine Solley, Economic Development Director Jill Bright, Deputy City Clerk D. CONSENT AGENDA Councilmember Barker moved,seconded by Vice Mayor Wilson to approve the consent agenda and approve the minutes of February 4,2020. 1. 20-056 Consideration of acceptance of agenda. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 2. 20-057 Consideration of approval of minutes of the regular meeting of February 4, City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes February 18,2020 2020. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 3. 20-063 Presentation of proclamation recognizing March 29, 2020 as Vietnam War Veterans Day. Mayor Serdy presented a proclamation recognizing March 29, 2020 as Vietnam War Veterans Day to Nancy Fassbender of Pinal County Veterans Memorial Foundation. Ms. Fassbender invited Mayor Serdy to the Mesa Swap Meet to honor Vietnam War Veterans on Saturday, March 25th. They will be thanking them and pinning the veterans. F. ANNOUNCEMENT OF CURRENT EVENTS 4. 20-058 Announcement of current events from mayor and councilmembers. Councilmember Struble did not have an announcement. Councilmember Evans shared that Horizon Health is hosting a Family Fun Fest on February 22nd from 10:00am -3:OOpm. They are doing an all age hula hoop contest and it should be fun for all ages. Vice Mayor Wilson shared that it was a privilege being involved with the marathon last weekend. It was very well attended and he loved talking with the participants. Hats go off to everyone that was involved. Councilmember Barker shared that she helped register marathon runners all day from Thursday to Sunday. It filled so quickly that they had to close registration many times. Councilmember Schroeder shared that he participated in the trail run over the weekend. It is a beautiful run and he highly recommends it. Councilmember Rizzi wanted to thank those who attended the State of the City. Peralta Trail Elementary School is going to be an A+ school and this is the first time in AJUSD history so she wanted to congratulate the school district and Superintendent Dr. Anderson. Mayor Serdy shared how amazed he was at how many children come from other states to attend the Lost Dutchman Marathon. It was well organized. He thanked everyone for their hard work on planning and execution of the marathon and expo. Mayor Wilson stated that the youngest person to participate was 4 years old and he did the 8K. Mayor Serdy shared that the State of the City was filmed and it can be found on YouTube.com/CityofAJ. Staff has already started on next year's event and it will address utilities and how the city is preparing for growth. He stated that Lost Dutchman Days will be here in two weeks and encourages everyone to attend. G. CITY MANAGER'S REPORT City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes February 18,2020 5. 20-059 City Manager's Report. City Manager Bryant Powell shared that the Lost Dutchman Marathon Committee says thank you to the city for another great event. He stated that the next Household Hazardous Waste event will be Saturday, February 29th from 8:00 am - 12:00 pm at the Public Works yard. In conjuction with Republic Services Landfill, another quarterly free dump week was just completed. H. PUBLIC HEARINGS 6. 20-043 Consideration of application for a series 007 beer and wine liquor license for applicant Jeffrey Craig Miller, for Fry's Marketplace#665 located at 150 E. Old West Highway, Apache Junction, AZ. 85119. The next step in this process is for the city council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Councilmember Evans moved,seconded by Vice Mayor Wilson to approve the application for a series 007 beer and wine liquor license for applicant Jeffrey Craig Miller,for Fry's Marketplace #665 located at 150 E. Old West Highway,Apache Junction,AZ 85119. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 City Clerk Jennifer Pena explained that the series 007 is a lottery license and it needs be reactivated every few years in order to not lose the license. Councilmember Struble confirmed that they are not adding any new services and that they are just stacking licenses. Jennifer confirmed that is correct. 7. 20-050 Consideration of application for a special event liquor license for applicant Russell St. John of the Boys & Girls Club of the East Valley-Metro Phoenix 2020 Yesteryear Fundraising event, to be held at Dolce Vita located at 2602 S. Goldfield Rd., Apache Junction, AZ. This event will be held on Saturday, April 4, 2020 from 5:00 p.m. to 11:00 p.m. The next step in this process is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Councilmember Rizzi moved,seconded by Vice Mayor Wilson to approve a special event liquor license from the Boys&Girls Club of the East Valley Metro Phoenix to hold the 2020 Yesteryear Fundraising event,to be held at Dolce Vita on Saturday,April 4,2020. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 City Clerk Jennifer Pena explained that the planning, building and safety, Police Department and Superstition Fire and Medical District had no objections to this special event liquor license and recommend approval. The applicant was present to answer any questions. Russel St. John and City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes February 18,2020 Sandy Smith from the Boys & Girls Club stated that valley clubs have merged and they are now called The Boys &Girls Club of the East Valley-Metro Phoenix which means they can tap into a little more funding. This year's event theme is fairytales. Ms. Smith stated on a side note that she attended the State of the City and it was amazing and she really enjoyed it. She hopes to see all councilmembers at their Yesteryear fundraising event. 8. 20-055 Consideration of application for a special event liquor license for applicant Lindsey Pittman of Superstition Harley-Davidson for the Manes and Miracles event, to be held at Superstition Harley-Davidson located at 2910 W. Apache Trail, Apache Junction, AZ. This event will be held on Saturday, February 29, 2020 at 4:00 p.m. The next step in this process is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Councilmember Barker moved,seconded by Vice Mayor Wilson to approve a special event liquor license from Superstition Harley-Davidson for the Manes and Miracles event,to be held at Superstition Harley-Davidson on Saturday, February 29,2020. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 City Clerk Jennifer Pena stated that all departments have recomended approval for this special event liquor license except the Police Department who did not have enough time to respond after a last minute change of security staffing was made by the applicant. Brina Brown was available for questions and explained that this is a fundraiser for horse therapy for disabled persons. Councilmember Rizzi applauded Harley Davidson for all of their events lately. I. OLD BUSINESS J. NEW BUSINESS 9. 20-040 Presentation and discussion on Fiscal Year 19-20 Council Work Plan -2nd Quarter Update. Assistant to the City Manager, Anna McCray presented an update on the Fiscal Year 19-20 Council Plan for the 2nd quarter. There are 26 projects on the plan in which 8 were to be brought forward during the 2nd quarter. Only 1 project was completed and the remaining 7 have been continued to the 3rd quarter. 10. 20-064 Presentation, discussion and consideration of proposed Resolution No. 20-04, supporting pending legislation House Bill 2705 regarding absentee landlords of vacant and abandoned buildings. Councilmember Barker moved,seconded by Councilmember Schroeder to approve Resolution No.20-04 to support House Bill 2705 regarding absentee landlords of vacant and abandonded buildings. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes February 18,2020 No: 0 Assistant to the City Manager, Anna McCray presented Resolution No. 20-04 that would support pending legislation on House Bill 2705. The House Bill would require a registrant of vacant and abandoned buildings, property maintenance standards and proof of insurance and inspections on vacant and abandoned buildings. This would incentivize building owners to fill the vacant buildings and not let them sit. Councilmember Evans asked Joel how this would effect the old Bashas Plaza and if it would give the city anymore power to make improvements happen. Joel stated this House Bill is a repackaging of the 1997 Uniform Code for the Abatement of Dangerous Buildings and it will add a little more enforcement power for Arizona cities. He recommends the city support it. Councilmember Rizzi stated that she would like to see the city require a commercial property owner bring the property up to standards before they can lease it out. Councilmember Struble asked if residential buildings such as apartment buildings is included in this House Bill. Ms. McCray stated yes, it is included. 11. 20-067 Presentation and discussion on pending legislation in the Arizona State legislature. Assistant to the City Manager, Anna McCray presented on pending legislation in the Arizona State legislature. She stated that the 54th legislative session commenced on January 13th and is expected to last about 100 days. The Governor released the largest Arizona state budget in history of 12.3 billion. She listed 10 prominent house bills that are currently in legislation. Councilmember Struble asked for clarification on HB2313. Ms. McCray explained it is modeled after an event in Oakland where sprinklers were not required and a fire broke out and killed multiple people. Mayor Serdy mentioned that he appreciates Representative Kelly Townsend seeking funding to clear and rebuild State Route 88 in her proposed legislation of House Bill 2791. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 12. 20-060 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, March 2, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, March 3, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. Councilmember Barker moved,seconded by Councilmember Struble that an Executive Session at 6:00 P.M.and Work Session at 7:00 P.M.for Monday, March 2,2020 and that an Executive Session at 6:00 P.M.and Work Session at 7:00 P.M.for Tuesday, March 3,2020 be held in the city council conference room and city council chambers located at 300 E.Superstition Boulevard,Apache Junction,Arizona, respectively; and other meetings if necessary. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 M. CALL TO PUBLIC City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes February 18,2020 Donna Carr, 2178 W. Virginia Street, spoke and requested council look into items before they vote on them, for example the trash item. She stated that the marathon was good but there needs to be a schedule set as she couldn't get to the museum because of the traffic stemming from the marathon. She stated that people are using easements to hide and sell drugs between Virginia and Ohio and Delaware and Ocotillo. She thinks the younger generation needs more things to do out here so they are not getting into trouble. Councilmember Rizzi clarified that the museum event is private and the city has no control over when they hold their events. Councilmember Barker stated that the marathon is always on Presidents Day weekend. N. ADJOURNMENT Mayor Serdy adjourned the meeting at 7:59 pm. ACCEPTED THIS DAY OF 12020, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2020. JEFF SERDY Mayor ATTEST: JENNIFER PEIVA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2020. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 12020. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 6 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 3. '+PizoN►' File ID: 20-089 Sponsor: Jeff Serdy Agenda Date: 3/3/2020 Index: In Control: City Council Meeting Announcement of current events from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.4. Piz File ID: 20-090 Sponsor: Bryant Powell Agenda Date: 3/3/2020 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 5. Piz File ID: 20-031 Sponsor: Bryant Powell Agenda Date: 3/3/2020 Index: In Control: City Council Meeting Discussion and presentation by Stephen Herring of Republic Services on free dump week and an update on Solid Waste, Recycling and Disposal Services contract to start April 1 St. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition > Apache Junction,Boulevard 85119 _� Agenda Item Cover Sheet p ` Agenda Item No.6. 'Piz File ID: 20-095 Sponsor: Larry Kirch Agenda Date: 3/3/2020 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of Resolution No. 20-05, declaring as a public record that certain document filed with the city clerk entitled "2020 Amendments to Apache Junction City Code, Volume I, Chapter 7: Buildings, Article 7-1: Division of Building Safety and Inspection Administrative Code, § 7-1-9 Unsafe Building or Unsafe Property, § 7-1-11 Construction Standards for Manufactured Home, Mobile Home, Park Model, and Recreational Vehicle Standards"; repealing any conflicting provisions; providing for severability; and establishing an effective date. City of Apache Junction,Arizona Page 1 Printed on 611512026 RESOLUTION NO. 20-05 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2020 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 7 : BUILDINGS, ARTICLE 7-1 : DIVISION OF BUILDING SAFETY AND INSPECTION ADMINISTRATIVE CODE, § 7-1-9 UNSAFE BUILDING OR UNSAFE PROPERTY, AND § 7-1-11 CONSTRUCTION STANDARDS FOR MANUFACTURED HOME, MOBILE HOME, PARK MODEL, AND RECREATIONAL VEHICLE STANDARDS; " REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 1485 adopts by reference the 2020 Amendments to the Apache Junction City Code, Volume I, Chapter 7 : Buildings, Article 7-1 : Division of Building Safety and Inspection Administrative Code, § 7-1-9 Unsafe Building or Unsafe Property, and § 7-1-11 Construction Standards for Manufactured Home, Mobile Home, Park Model, and Recreational Vehicle Standards, as recommended by staff; and WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R.S. ") A.R. S. § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence by reference without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies or one paper copy and one electronic copy of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A.R.S. §§ 9-801 (1) and 9-802, such codes or public record include regulatory provisions such as building codes; and WHEREAS, it is the intent of the City to declare such documents and compilations as public records, on file in the office of the city clerk and electronically accessible through the city' s website (http: //www.ajcity.net/) . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS : SECTION I IN GENERAL That certain document entitled "2020 Amendments to the Apache Junction City Code Volume I, Chapter 7 : Buildings, Article 7-1 : Division of RESOLUTION NO. 20-05 PAGE 1 OF 2 Building Safety and Inspection Administrative Code, § 7-1-9 Unsafe Building or Unsafe Property, and § 7-1-11 Construction Standards for Manufactured Home, Mobile Home, Park Model, and Recreational Vehicle Standards, " at least three paper copies or one paper copy and one electronic copy of which are on file in the office of the city clerk of the City of Apache Junction, Arizona, is hereby declared to be a public record, shall be made available for public use and inspection, and shall remain on file with the city clerk and be electronically accessible through the city' s website (http: //www.ajcity.net/) . SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the provisions adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the provisions or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV ESTABLISHING AN EFFECTIVE DATE The provisions of this resolution shall take effect on April 7, 2020. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2020 . SIGNED AND ATTESTED TO THIS DAY OF , 2020 . JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 20-05 PAGE 2 OF 2 City of Apache Junction, Arizona 300 E Superstition > Apache Junction,Boulevard 85119 _� Agenda Item Cover Sheet p ` Agenda Item No. 7. 'Piz File ID: 20-094 Sponsor: Larry Kirch Agenda Date: 3/3/2020 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1485, amending Apache Junction City Code, Volume I, Chapter 7: Buildings, by amending Chapter 7 and adopting by reference that certain document entitled "2020 Amendments to the Apache Junction City Code, Vol. I, Chapter 7, Buildings, Article 7-1: Division of Building Safety and Inspection Administrative Code, § 7-1-9 Unsafe Building or Unsafe Property, § 7-1-11 Construction Standards for Manufactured Home, Mobile Home, Park Model, and Recreational Vehicle Standards"; repealing any conflicting provisions; providing for severability; providing for penalties; and establishing an effective date. City of Apache Junction,Arizona Page 1 Printed on 611512026 O� PQACHE✓G'L n 4 z City of Apache Junction Development Services Department qR/ZONP ✓' MEMORANDUM DATE: March 3, 2020 TO: Mayor Jeff Serdy and City Council THROUGH: Bryant Powell, City Manager FROM: Dave Zellner, Building and Safety Manager Larry Kirch, Development Services Director SUBJECT/ISSUE: 2020 Amendments to the AJCC, Volume I, Chapter 7: Buildings, Article 7- 1: Division of Building Safety and Inspection Administrative Code, §7-1-9 Unsafe Building or Unsafe Property, and § 7-1-11 Construction Standards for Manufactured Home, Mobile Home, Park Model, and Recreational Vehicle Standards Background: On November 5, 2019, the City Council gave direction to staff to proceed with possible amendments to Volume 1, Chapter 7. The proposed changes involved some corrections to the zoning districts where manufactured homes are permitted and the public asked that some requirements regarding park models be revisited. The main issue involved the size of Arizona rooms constructed next to park models. Staff proposed additional changes regarding the age of manufactured homes and park models that could be placed in the city in MH and RV Parks. As the draft ordinance was presented, the Manufactured Home/RV park industry objected to the additional restrictions. Staff was proposing to further restrict the age of both manufactured homes and park model RVs to units no older than five years old that could be placed in a park. City staff has meet with the industry representatives four times over the last two months and have reached a consensus has been reached. Many of the suggested changes that staff made were revisited and many of the provisions regarding the age restrictions for manufactured homes were not allowed as they have been preempted by the state. Park models are not regulated, per se and so the city developed a compromise that any park model coming into the city or moved within the city be inspected to the HUD minimum Housing Quality Standards. City staff will be able to verify that a park model is decent, safe, and sanitary l Image under the HUD guidelines prior to issuance of a "set permit." The city and industry agreed to use a modified version of the HUD HQS standards that are appropriate to park models. Manufactured Home question: The new rules for manufactured homes outside manufactured home parks, inadvertently left RS-GR out of the listing of zoning districts where the new rules for the age of homes, and required amenities are identified. Staff believe the intent was to include RS-GR along with RS- 20M and RS-54M which sets maximum age, minimum size, type of foundation, roof pitch, driveway and carport requirements. Staff and the industry made revisions regarding the age of units in a park and clarified the pre-HUD versus post-HUD definitions regarding rehabilitation of units. Park model question: Some contractors who specialize in the building of park model additions, otherwise referred to as "Arizona rooms," have questioned the requirement that limits the size of habitable room additions to park models to the same size as the park model. In general this will allow for a 320- 400 square foot addition. Mesa has limited these additions to 400 square feet plus 120 square feet for storage. Staff believe the limitation is necessary due to the increasing size of rooms being added in RV parks which have lesser separation amounts than conventional homes. Based on the growing size of the additions, the fire loads of individual park models and their additions are approaching or exceeding that of single family homes, which are required to be a minimum of 5 feet from property lines. Additionally, the increased power loads of the newer park models and the large additions are stressing or exceed the electrical infrastructure installed when the parks were developed. This is creating significant problems in at least one of the parks noted below. Staff understands from the contractors that this is only an issue in the four RV subdivisions, specifically Roadhaven, Golden Vista, Superstition Mountain Resort and The Pueblo where the individual lot and the park model are owned together. All of the other RV parks are rental parks. Staff proposed a five-year age limit on park models just as we did for manufactured homes. Rather than set a strict age limit, all park models would have to have a certified inspector inspect or Arizona licensed home inspector the unit per HUD housing quality standards prior to a permit being issued. This approach seems workable for both the city and the industry who wish to keep the housing affordable but also in good condition for the owner or renter. The city receives permits for park model installations for 1980 and older models, which are at or beyond their intended life span. The city also grapples with unpermitted installations of remodeled and modified park models which creates other issues. Unsafe Buildings or Unsafe Property Appeal Process Another proposed correction is to create an appeal process for buildings and properties that are declared unsafe. 2 1 P a g e Recommended Motion: Staff recommends that Resolution 20-05 and Ordinance No. 1485 be approved along with the noted amendments as mutually agreed upon by city staff and the manufactured housing industry. 3 1 P a g e ORDINANCE NO. 1485 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITYCODE, VOLUME I, CHAPTER 7 : BUILDINGS, BY AMENDING CHAPTER 7 AND ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "'2020 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOL. I, CHAPTER 7 : BUILDINGS, ARTICLE 7-1 : DIVISION OF BUILDING SAFETY AND INSPECTION ADMINISTRATIVE CODE, �7-1-9 UNSAFE BUILDING OR UNSAFE Property, AND � 7-1-11 CONSTRUCTION STANDARDS FOR MANUFACTURED HOME, MOBILE HOME, PARK MODEL, AND RECREATIONAL VEHICLE STANDARDS; " REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES AND ESTABLISHING AN EFFECTIVE DATE . WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") � 9-276 (14) allows cities and their governing bodies to prescribe the thickness, strength and manner of constructing stone, brick and other buildings; and WHEREAS, A.R. S . � 9-276 (15) allows cities and their governing bodies by ordinance, to prescribe special fire limits, within general fire limits, requiring therein building material to be used and additional precautions to be observed in the construction of new buildings, and in the repairing and maintenance of buildings, as may from time to time be designated for the prevention of fires and the spread thereof; and WHEREAS, A.R. S . � 9-240 (7) allows cities and towns to regulate the construction of chimneys, furnaces and fireplaces; and WHEREAS, A.R. S . �5 9-276 (16) allows cities and their governing bodies to define nuisances and to abate them; and WHEREAS, A.R. S . �5 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies or one paper copy and one electronic copy of the code or public record are filed in the office of the city clerk of the municipality and are made available for public use and inspection; and WHEREAS, Chapter 7 Buildings, of the Apache Junction City Code, was amended in October 2000 by Ordinance No. 1101, wherein the mayor and city council adopted more current versions of certain health, safety and welfare uniform codes; and ORDINANCE NO. 1485 PAGE 1 OF 4 WHEREAS, Chapter 7 Buildings, of the Apache Junction City Code, Vol . I, was amended in September 2006 by Ordinance No. 1273, wherein the mayor and city council adopted more current versions of certain health, safety and welfare uniform and international codes; and WHEREAS, Chapter 7 : Buildings of the Apache Junction City Code Volume I, was amended on June 18, 2019 by Ordinance No. 1475, wherein the mayor and city council adopted more current versions of certain health, safety and welfare uniform codes, international codes and codes rewritten by their respective technical trade associations to more currently reflect modern technological advances and societal tolerances; and WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, codes which may be adopted by reference include a compilation of rules or regulations prepared by a technical trade association, and includes, but is not limited to: any building, plumbing, electrical wiring, health or sanitation, fire prevention, flammable liquids code, or any other code which embraces rules and regulations pertinent to a subject which is a proper subject of municipal legislation; and WHEREAS, City staff presented these amendments to the city council at the council meeting on December 17, 2019; and WHEREAS, due to industry concerns, the council continued the public hearing to March 3, 2020 . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . That the Apache Junction City Code, City Code Volume I, Chapter 7 : Buildings, Article 7-1 : Division of Building Safety and Inspection Administrative Code, § 7-1-9 Unsafe Building or Unsafe Property, and § 7-1-11 Construction Standards for Manufactured Home, Mobile Home, Park Model, and Recreational Vehicle Standards, is hereby amended and is replaced with new provisions . 2 . That certain document known as "City Code Volume I, Chapter 7 : Buildings, Article 7-1 : Division of Building Safety and Administrative Code, § 7-1-9 Unsafe Building or Unsafe Property, and § 7-1-11 Construction Standards for Manufactured Home, Mobile Home, Park Model, and Recreational Vehicle Standards, " at least three paper copies or one paper copy and one electronic copy of ORDINANCE NO. 1485 PAGE 2 OF 4 which are accessible on the city' s website and filed in the office of the city clerk, which document was made a public record by Resolution No. 20-05 of the City of Apache Junction, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . SECTION II REPEALING ANY CONFLICTING PROVISIONS All other ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING FOR PENALTIES Any violation of any provision of this ordinance, or any provisions adopted herein, shall be punishable as a class 1 misdemeanor consistent with Apache Junction City Code, Vol . I, Chapter 1 : General, Article 1-1 : General, Section 1-1-11, Penalty. SECTION V ESTABLISHING AND EFFECTIVE DATE The provisions of this resolution shall take effect on April 7, 2020 . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2020 . SIGNED AND ATTESTED TO THIS DAY OF , 2020 . JEFF SERDY Mayor ORDINANCE NO. 1485 PAGE 3 OF 4 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1485 PAGE 4 OF 4 Adopted "Clean" version of the ordinance 03/03/2020 2020 Amendments to the Apache Junction City Code Volume I, Chapter 7: Buildings,Article 7- 1: Division of Building Shy and Inspection Administrative Code, § 7-1-9 Unsafe Building or Unsafe PropertX, and § 7-1-11 Construction Standards for Manufactured Home, Mobile Home, Park Model, and Recreational Vehicle Standards. 1 CHAPTER 7 BUILDINGS Article 7-1. DIVISION OF BUILDING SAFETY AND INSPECTION ADMINISTRATIVE CODE § 7-1-9 Unsafe Building or Unsafe Property (J)Appeal of notice to abate,notice to secure,and notice of intent to demolish.An appeal of a notice to abate, notice to secure and notice of intent to demolish shall be filed in writing with the development services department director or his or her designee within 20 calendar days after the notice was served.An appellate hearing shall be scheduled by the building and safety manager or his or her designee before the development services director no later than 60 calendar days after the notice of appeal has been filed and such hearing must have been held and be concluded within the same time period. (K)Grounds for appeal. (1)The following are appropriate grounds for an appeal: (a)The claim that the property or building subject to the notice is not in violation under the code. (b)A claim that the true intent of the code has been incorrectly interpreted. (c)A claim that the statement for costs for correcting or abating the violation is excessive. (2)The director may affirm,reverse or modify the notice. The director shall conduct the hearing as a quasi- judicial hearing. There shall be no fee for filing an appeal with the director. (3)The filing of the notice of appeal shall act as an automatic stay of enforcement of any compliance deadlines until the director makes its final determination.Upon making its final determination and after it has been served on the appellant,the stay terminates and the violator has the balance of the time left set forth in the notice. Failure to comply within this time period may result in the issuance of a civil or criminal citation or the filing of a complaint and abatement procedures subjecting the property owner and/or responsible party to liens and possible foreclosure. (4)Failure of a person to file an appeal shall constitute a waiver of the right to a hearing of the appeal before the director and such person shall be estopped to deny the validity of any order or action of the city which could have been timely appealed. (5)Once the director has rendered its decision,a party may apply to the Superior Court within 30 calendar days for further appellate relief in accordance with the Arizona Rules of Procedure for Special Actions. The filing of a special action will not stay enforcement of any notice unless ordered by a court of competent jurisdiction. § 7-1-11 Construction Standards for Manufactured Home,Mobile Home,Park Model, and Recreational Vehicle Standards (A) Definitions. ALTERATION.Any construction,renovation or reconfiguration of space,the addition or elimination of any door or window,the reconfiguration or extension of2any system,or the installation of any additional equipment to an existing mobile home,manufactured home,park model or recreational vehicle other than a repair or addition. REHABILITATION.Work performed in accordance with the rules adopted by the Arizona Department of Housing as referenced in A.R.S. § 41-4048(C). (B)Manufactured homes.MH installation shall comply with the requirements of Arizona Revised Statutes, Title 41,Chapter 37,Article 3, §§ 41-4001 thru 4010,and Arizona Administrative Code,Title 4, Chapter 34, §§R4-34-101 thru 805. The references identified in R4-34-102 shall provide the code requirements for the installation of attached accessory structures.Detached structures shall comply with the Technical Codes. Reconstruction of a MH requires that plans for the reconstruction be submitted and a permit issued. (1)MH installation outside of a manufactured home park or subdivision. (a)Permits are required for all MHs and any additions thereto,to be installed.MH installations on vacant lots zoned RS-7M,RS-10M,RS-20M,RS-54M and RS-GR are limited to homes manufactured not more than two years prior to the year in which the permit is requested. (b)Where an existing MH or mobile home more than five years-old is being removed or demolished on a lot in zoning RS-7M,RS-IOM,RS-20M,RS-54M,and RS-GR a MH not more than five years- old may be installed on that lot in compliance with this section. (d)MH installations on individual lots with RS-20M,RS-54M and RS-GR zoning shall consist of the following: (2)MH installation in a manufactured home park. (a)Permits are required for all MHs and any additions thereto,to be installed.MH installations on lots in MHP or RVP zoned parks are limited to homes that have affixed thereto a decal certifying that the dwelling unit has been inspected and constructed in accordance with the requirements of the U.S. Department of Housing and Urban Development("HUD")in effect at the date of manufacture wherein such date shall not have been prior to June 15, 1976,or such other succeeding requirements which replace HUD standards,and to homes that have been issued a certificate of compliance showing that they have been rehabilitated pursuant to A.A.C.R4-34-606 . (b)MH installations in MHP and RVP parks,shall consist of the following: (i)greater than a 400 square foot single wide MH; (ii)a minimum of forty-eight square feet of accessory storage installed(not required when an enclosed garage is built); (iii) skirting; (iv)a parking area a minimum of 9 feet in width and 18 feet in length constructed with asphalt, concrete or dust proof gravel that has clearly defined boundaries; (C) Mobile homes. Work related to routine maintenance and repair, and work identified as exempt under§ 7-1-6(B)of this article,may be performed on existing mobile homes;this includes exemptions where "manufactured home"is specified in the exemption. It shall be illegal,as punishable under A.J.C.C.Vol. I, § 1-1-11,to reconstruct mobile home units(those built before June 15, 1976)in the City of Apache Junction. 3 Repairs not identified as exempt from permits shall only be made to or done on mobile homes that have a certificate showing they have been rehabilitated and a certificate of compliance has been issued per A.A.C. R4-34-606.A mobile home that has not been rehabilitated or does not have the certificate of compliance cannot be installed in the City of Apache Junction. Mobile homes,where reconstruction has occurred without state approval and a permit for reconstruction issued by the City of Apache Junction,are declared unsafe and shall be removed from the city or shall be demolished. (D)Park Models and park trailers.Park model installation shall follow the manufacturer's installation instructions or if the installation instructions are not available,the installation requirements for a model similar in length,width and height. The PM shall be secured against overturning. Where temporary electrical, water,and sewer connections are not provided with the unit,hard connections shall be made in accordance with the Technical Codes.PMs will have properly installed skirting along all sides. To obtain a PM set permit,properly licensed electrical,mechanical,plumbing and/or metal structure contractors shall be identified when applying for the permit. PM installation or use is not allowed outside of approved recreational vehicle parks or subdivisions,or manufactured home parks or subdivisions. (1)Regardless of the age of the unit,permits are required for all PMs and any additions thereto,to be installed.PM installations for PMs older than 15 years on lots in MHP or RVP zoned parks are limited to PMs that have passed a one-time inspection by any certified HUD basic Housing Quality Standards("HQS")inspector or Arizona licensed home inspector or its equivalent for units from outside the State of Arizona. The purpose of the HQS inspection is to ensure that the PM is decent, safe, sanitary,and,to the extent applicable to the size restrictions of PMs,meets the HUD basic HQS found in 24 CFR Part 982 and modified herein and limited to the following HQS categories using a checklist provided by the Building and Safety Manager: (a) Sanitary facilities,food preparation and refuse disposal, space and security,thermal environment,illumination and electricity,structure and materials,HVAC system,water supply,access,sanitary condition,and smoke detectors. (2)Allowable PM attached accessory structures shall be constructed per the following and the Technical Codes: (a)Metal awnings shall have a current evaluation report and current engineering. (b)Patio enclosures shall comply with IBC Appendix I as adopted by this chapter. (c)HVAC systems shall be installed per the Technical Codes including the Mechanical Code and Energy Code. (d)Photovoltaic or solar water heating systems,when the manufacture has designed the PM to support the installation of a photovoltaic or solar water heating system,and has made provisions for connection of such system,the installation shall comply with the manufacturer's instructions and the Technical Codes. (3)Allowable PM detached accessory structures shall be constructed in compliance with the Technical Codes. (a)Allowable detached accessory structures include: (i) storage rooms or sheds, 4 (ii)engineered self-supporting shade structures(porches,carports,metal and non-metal awnings) (iii)habitable room additions not exceeding the square footage of the PM, and built per the Residential Code or the Building Code, Exception: In RV subdivisions,where the lot is owned and occupied by an individual or individuals,the total enclosed square footage of the PM,any habitable additions,and any storage buildings, shall not exceed 48%of the lot's total square footage. (iv)decks,and, (v)detached garages. (4)PM locations,PM additions, and storage buildings must comply with all setbacks and may not encroach into any required easement or the required clear space around a utility service or electrical pedestal.In no case shall a PM or an addition be set or constructed closer than 6 feet to an existing PM or enclosed structure on another lot,unless a less restrictive setback requirement exists for MH or RV parks that have established legal nonconforming rights. (5)PMs may not be altered from their original layout and cannot be altered,modified or reconstructed from their original condition. Repair or replacement of service equipment like air conditioning,hot water heaters,etc. shall be with equivalent type and size,and with the same or less electrical or gas demand, as the original equipment. The installing of a water heater unit on the exterior of a PM is prohibited.The installation of a larger water heater requires a permit,and the water heater must be installed inside a permitted and approved detached accessory structure,and the installation,electric,gas and/or plumbing shall comply with the Technical Codes.PMs manufactured with duct work and intended to be connected to a package unit are acceptable. The installation of exterior plaster(stucco), stone veneer,and brick veneer to a PM is prohibited. The original PM manufacturer can alter the exterior of an existing PM model after submitting a letter for a specific site and specific PM with specifications showing the PM model will still comply to the standard under which it was built,to the division of building safety and inspection. (E)Recreational vehicles,motor homes, and travel trailers. RVs,motor homes and travel trailers cannot be altered,modified or reconstructed from their original condition.Repair or replacement of service equipment like air conditioning,hot water heaters, etc. shall be with the same type and size, electrical or gas demands as the original equipment. The installing of a water heater unit on the exterior of an RV,motor home or travel trailer is prohibited. The installation of a larger water heater requires a permit,and the water heater must be installed inside a permitted and approved detached accessory structure,and the installation and plumbing shall comply with the Technical Codes.No additions or permanent attachments shall be made to a 5th wheel, motor home or travel trailer. 5 DRAFT 3 - 3 - 2020 2020 Amendments to the Apache Junction City Code, Volume I, Chapter 7, Buildings, Article 7-1 : Division of Building Safety and Inspection Administrative Code, § 7- 1-9 Unsafe Building or Unsafe Property and § 7-1-11 Construction Standards for Manufactured Housing, Mobile Homes, Park Models and Recreational Vehicle Standards § 7-1-9 Unsafe Building or Unsafe Property (J) Appeal of notice to abate, notice to secure, and notice of intent to demolish. An appeal of a notice to abate, notice to secure and notice of intent to demolish shall be filed in writing with the development services department director or his or her designee within 20 calendar days after the notice was served. An appellate hearing shall be scheduled by the building and safety manager or his or her designee before the development services director no later than 60 calendar days after the notice of appeal has been filed and such hearing must have been held and be concluded within the same time period. (K) Grounds for appeal . (1) The following are appropriate grounds for an appeal : (a) The claim that the property or building subject to the notice is not in violation under the code . (b) A claim that the true intent of the code has been incorrectly interpreted. (c) A claim that the statement for costs for correcting or abating the violation is excessive. (2) The director may affirm, reverse or modify the notice. The director shall conduct the hearing as a quasi-judicial hearing. There shall be no fee for filing an appeal with the director. (3) The filing of the notice of appeal shall act as an automatic stay of enforcement of any compliance deadlines until the director makes its final determination. Upon making its final determination and after it has been served on the appellant, the stay terminates and the violator has the balance of the time left set forth in the notice . Failure to comply within this time period may result in the issuance of a civil or criminal citation or the filing of a complaint and abatement procedures subjecting the property owner and/or responsible party to liens and possible foreclosure . (4) Failure of a person to file an appeal shall constitute a waiver of the right to a hearing of the appeal before the director and such person shall be estopped to deny the validity of any order or action of the city which could have been timely appealed. (5) Once the director has rendered its decision, a party may apply to the Superior Court within 30 calendar days for further appellate relief in accordance with the Arizona Rules of Procedure for Special Actions . The filing of a special action will not stay enforcement of any notice unless ordered by a court of competent jurisdiction. § 7-1-11 Construction Standards for Manufactured Home, Mobile Home, Park Model, and Recreational Vehicle Standards (A) Definitions . ALTERATION. Any construction, renovation or reconfiguration of space, the addition or elimination of any door or window, the reconfiguration or extension of any system, or the installation of any additional equipment to an existing mobile home, manufactured home, park model or recreational vehicle other than a repair or addition. REHABILITATION. Work performed in accordance with the rules adopted by the Arizona Department of Housing as referenced in A.R. S . § 41-4048 (C) . (B) Manufactured homes . MH installation shall comply with the requirements of Arizona Revised Statutes, Title 41, Chapter 37, Article 3, §§ 41-4001 thru 4010, and Arizona Administrative Code, Title 4, Chapter 34, §§ R4-34-101 thru 805 . The references identified in R4-34-102 shall provide the code requirements for the installation of attached accessory structures . Detached structures shall comply with the Technical Codes . Reconstruction of a MH requires that plans for the reconstruction be submitted and a permit issued. (1) MH installation outside of a manufactured home park or subdivision. (a) Permits are required for all MHs and any additions thereto, to be installed. MH installations on vacant lots zoned RS-7M, RS-10M, RS-20M , RS-54M and RS-GR are limited to homes manufactured not more than two years prior to the year in which the permit is requested. (b) Where an existing MH or mobile home more than eft five years-old is being removed or demolished on a lot in zoning RS-7M, RS-10M, RS-20M , RS-54M, and RS-GR a MH not more than se,�,en five years-old may be installed on that lot in compliance with this section. (d) MH installations on individual lots with RS-20M Ord, RS-54M and RS-GR zoning shall consist of the following: (2)MH installation in a manufactured home park. (a) Permits are required for all MHs and any additions thereto, to be installed. MH installations on lots in MHP or RVP zoned parks are limited to homes that have affixed thereto a decal certifying that the dwelling unit has been inspected and constructed in accordance with the requirements of the U. S . Department of Housing and Urban Development ("HUD") in effect at the date of manufacture wherein such date shall not have been prior to June 15, 1976, or such other succeeding requirements which replace HUD standards, and to homes that have been issued a certificate of compliance showing that they have been rehabilitated pursuant to A.A.C. R4-34-606 fact red n e t- FftiTre than s—en yeaics p is i er t-e the yt�_-;: in w_i e h t h e— ) Where an ex±sting MH er Faebile heFae Faere than 11 years-eld is being �rC en C - Tt— zearing MHP erR-VP, aMH net- er'c }p�pran ten years-elel Fftay be ±nss}alleel en that let in y� (be) MH installations in MHP and RVP parks, shall consist of the following: (i) greater than a 400 fflilnilfflam of , 399 ^ square foot single wide MH; (ii) a minimum of forty-eight square feet of accessory storage installed (not required when an enclosed garage is built) (iii) skirting; (iv) a parking area a minimum of 9 feet in width and 18 4-4 feet in length e-f constructed e-f with asphalt, concrete or dust proof gravel that has clearly defined boundaries; (C) Mobile homes . Work related to routine maintenance and repair, and work identified as exempt under § 7-1-6 (B) of this article, may be performed on existing mobile homes; this includes exemptions where "manufactured home" is specified in the exemption. It shall be illegal, as punishable under A. J.C.C. Vol . I, § 1-1-11, to reconstruct mobile home units (those built before June 15, 1976) in the City of Apache Junction. Repairs not identified as exempt from permits shall only be made to or done on mobile homes that have a certificate showing they have been rehabilitated and a certificate of compliance has been issued per A.A.C. R4-34-606 . A mobile home that has not been rehabilitated or does not have the certificate of compliance cannot be installed in the City of Apache Junction. Mobile homes, where reconstruction has occurred without state approval and a permit for reconstruction issued by the City of Apache Junction, are declared unsafe and shall be removed from the city or shall be demolished. (D) Park Models and park trailers . Park model installation shall follow the manufacturer' s installation instructions or if the installation instructions are not available, the installation requirements for a model similar in length, width and height. The PM shall be secured against overturning. Where temporary electrical, water, and sewer connections are not provided with the unit, hard connections shall be made in accordance with the Technical Codes . PMs will have properly installed skirting along all sides . To obtain a PM set permit, properly licensed electrical, mechanical, plumbing and/or metal structure contractors shall be identified when applying for the permit. PM installation or use is not allowed outside of approved recreational vehicle parks or subdivisions, or manufactured home parks or subdivisions . (1) Regardless of the age of the unit, permits are required for all PMs and any additions thereto, to be installed. PM installations for PMs older than 15 years on lots in MHP or RVP zoned parks are limited to PMs that have passed a one-time inspection by any certified HUD basic Housing Quality Standards ("HQS") inspector or Arizona licensed home inspector or its equivalent for units from outside of the State of Arizona. The purpose of the HQS inspection is to ensure that the PM is decent, safe, sanitary, and, to the extent applicable to the size restrictions of PMs, meets the HUD basic HQS found in 24 CFR Part 982 and modified herein and limited to the following HQS categories using a checklist provided by the Building and Safety Manager. (a) Sanitary facilities, food preparation and refuse disposal, space and security, thermal environment, illumination and electricity, structure and materials, HVAC system, water supply, access, sanitary condition, and smoke detectors . (2 -1-) Allowable PM attached accessory structures shall be constructed per the following and the Technical Codes : (a) Metal awnings shall have a current evaluation report and current engineering. (b) Patio enclosures shall comply with IBC Appendix I as adopted by this chapter. (c) HVAC systems shall be installed per the Technical Codes including the Mechanical Code and Energy Code. (d) Photovoltaic or solar water heating systems, when the manufacture has designed the PM to support the installation of a photovoltaic or solar water heating system, and has made provisions for connection of such system, the installation shall comply with the manufacturer' s instructions and the Technical Codes . (3 �) Allowable PM detached accessory structures shall be constructed in compliance with the Technical Codes . (a) Allowable detached accessory structures include: (i) storage rooms or sheds, (ii) engineered self-supporting shade structures (porches, carports, metal and non-metal awnings) (iii) habitable room additions not exceeding the square footage of the PM, and built per the Residential Code or the Building Code, Exception: In RV subdivisions, where the lot is owned and occupied by an individual or individuals, the total enclosed square footage of the PM, any habitable additions, and any storage buildings, shall not exceed 480 of the lot' s total square footage. (iv) decks, and, (v) detached garages . (4) PM locations, PM additions, and storage buildings must comply with all setbacks and may not encroach into any required easement or the required clear space around a utility service or electrical pedestal . In no case shall a PM or an addition be set or constructed closer than 6 feet to an existing PM or enclosed structure on another lot, unless a less restrictive setback requirement exists for MH or RV parks that have established legal nonconforming rights . (5 -3) PMS may not be altered from their original layout,— and cannot be altered, modified or reconstructed from their original condition. Repair or replacement of service equipment like air conditioning, hot water heaters, etc. shall be with equivalent type and size, and with the same or less electrical or gas demand, as the original equipment. The installing of a water heater unit on the exterior of a PM is prohibited. The installation of a larger water heater requires a permit, and the water heater must be installed inside a permitted and approved detached accessory structure, and the installation, electric, gas and/or plumbing shall comply with the Technical Codes . the pldFabing—eleetrieal ane ffteehanieal sys4= ,! 4:ere . PMs manufactured with duct work and intended to be connected to a package unit are acceptable . The installation of exterior plaster (stucco) , stone veneer, and brick veneer to a PM is prohibited. The original PM manufacturer can alter the exterior of an existing PM model after submitting a letter for a specific site and specific PM with specifications showing the PM model will still comply to the standard under which it was built, to the division of building safety and inspection. (E) Recreational vehicles, motor homes, and travel trailers . RVs, motor homes and travel trailers cannot be altered, modified or reconstructed from their original condition. Repair or replacement of service equipment like air conditioning, hot water heaters, etc. shall be with the same type and size, electrical or gas demands as the original equipment. The installing of a water heater unit on the exterior of an RV, motor home or travel trailer is prohibited. The installation of a larger water heater requires a permit, and the water heater must be installed inside a permitted and approved detached accessory structure, and the installation and plumbing shall comply with the Technical Codes . No additions or permanent attachments shall be made to a 5th wheel, motor home or travel trailer. CITY OF APACHE JUNCTION PARK MODEL INSPECTION FORM Business Name: Park Model ID: Address: Manufacturer and Year: Owner/Operator:_ Phone Number: Park Name and Lot Number: Email: Inspection Date: ITEMS TO BE CHECKED Notes Complies EXTERIOR 1 Obvious alterations to doors,windows,siding,or roofing-from original condition; if yes identify ❑Yes ❑ No ❑ N/A Material sealing the bottom of the unit,and/or supporting under floor insulation is in good 2 Li Yes ❑ No ❑ N/A condition-intact,secure, no large rips, no missing sections, no signs of pest harborage. Exterior doors and windows provide weather protection and limit the infiltration of air-fully close 3 ❑Yes ❑ No ❑ N/A and in good repair, seals,screens,glass,etc. Roof same as factory installed-no evidence of bulging, buckling,sagging, no missing material or 4 Li Yes ❑ No ❑ N/A shingles, no signs of standing water or water infiltration. 5 ❑Yes ❑ No ❑ N/A Siding intact providing weather resistance/protection to interior-no holes, missing portions, etc. 6 All penetrations sealed. ❑Yes ❑ No ❑ N/A 7 Exterior lights,if provided, in working condition and secured to unit. ❑Yes ❑ No ❑ N/A Plumbing drains,water lines and/or gas lines show no visible damage or signs of improper 8 Li Yes ❑ No ❑ N/A modification. 9 Minimum one side hinged entry/exit door. 10 Exterior doors function properly. ❑Yes ❑ No ❑ N/A INTERIOR-Specific Spaces Kitchen has stove or range with oven,working condition, no damaged or missing parts on proper 11 size breaker. Li Yes Li No Li N/A 12 Kitchen has refrigerator working condition, no damaged or missing parts. ❑Yes ❑ No ❑ N/A Kitchen sink-permanently installed, plumbed with hot and cold water and proper drainage, 13 cabinet bottom in good condition. ❑Yes ❑ No ❑ N/A 14 Bathroom-all receptacles within 6 feet of a water source are GFCI protected. ❑Yes ❑ No ❑ N/A 15 Bathroom-bath fan or operable window provided. I❑Yes ❑ No ❑ N/A Page 1 of 2 CITY OF APACHE JUNCTION PARK MODEL INSPECTION FORM Bathroom-toilet, lavatory and tub or shower in working condition with water supply; hot and 16 cold to lavatory and shower/tub;fixtures properly secured;tub shower water proof and no ❑Yes ❑ No ❑ N/A obvious leaks. Bathroom-floor firm-no soft spots;floor covering in good condition no peeling, buckling, missing 17 sections. Li Yes Li No Li N/A Bedroom-one operable window;one window with minimum dimensions of 24 inches wide and 18 22 inches tall. ❑Yes ❑ No ❑ N/A 19 Bedroom-a smoke detector in bedroom and one within 6 feet of door on outside of bedroom. ❑Yes ❑ No ❑ N/A INTERIOR-All spaces 20 Windows-windows designed to be operable are operable, not broken. ❑Yes ❑ No ❑ N/A Ceilings-good condition, no obvious sagging/bulging/buckling, no signs of water damage, no 21 holes over 1/2" dimension. ❑Yes ❑ No ❑ N/A Walls-good condition, no obvious bulging/buckling, no signs of water damage, no holes over 1" 22 dimension; no obvious points of air infiltration. Li Yes Li No Li N/A 23 Floors-no holes or unsealed pentrations allowing air or pests, no buckling, no soft spots. ❑Yes ❑ No ❑ N/A Electrical-outlets and switches are properly installed, covers in place, no cracked or broken 24 Li Yes ❑ No ❑ N/A covers. Electrical hazards-no broken, non-insulated,frayed, improper wiring observed, no improper 25 connections found. ❑Yes ❑ No ❑ N/A 26 Electrical hazards-all fixtures securely supported or connected. ❑Yes ❑ No ❑ N/A 27 Electrical hazards-no loose, unsecured wires on underside or exterior of unit. ❑Yes ❑ No ❑ N/A 28 Electrical hazards-fuse/panel box,cover in place,circuits identified and no openenings or holes. ❑Yes ❑ No ❑ N/A HVAC-must have heating and cooling system,or duct system for connection to a packaged air 29 unit. Duct work must be intact-no sags,twist,crushed sections. ❑Yes ❑ No ❑ N/A Water heater electric-verify size and electrical demand,verify electrical panel, breakers and 30 wiring are sufficent for demand. ❑Yes ❑ No ❑ N/A Water heater gas-identify water heater location, inspect venting-intact and secured in place, 31 verify combustion air. ❑Yes ❑ No ❑ N/A Water heater all-must have a temperature-pressure relief valve,which must be properly piped to 32 a safe drain location. Li Yes Li No Li N/A 33 Water lines-all piping safe for use with potable water. ❑Yes ❑ No ❑ N/A 34 Water lines-no leaks, if water is available check for leaks in lines where visible. ❑Yes ❑ No ❑ N/A Drain lines are complete with required traps and venting;different pipe materials are connected 35 properly,correct fittings used in drain system. ❑Yes ❑ No ❑ N/A 36 IVerify one exterior plumbing vent. I ❑Yes ❑ No 17 N/A Page 2 of 2 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.8. '+PizoN* File ID: 20-074 Sponsor: Raquel Schatz Agenda Date: 3/3/2020 Index: In Control: City Council Meeting Presentation and discussion on Intergovernmental Agreement with ADOT for the design and construction of Bicycle and Pedestrian Improvements on Idaho Road from Superstition Blvd. to McKellips Blvd. City of Apache Junction,Arizona Page 1 Printed on 611512026 Public Works Department Home of the Superstition Mountains MEMORANDUM Date: January 28, 2020 To: Mayor and Members of City Council Through Bryant Powell, City Manager Michael Wever P.E., Public Works Director From: Raquel Schatz, Project Engineer Subject: Utilization of Unobligated Congestion Mitigation and Air Quality (CMAQ) Funds Idaho Road Bicycle and Pedestrian Improvement Project Although the timing is extremely aggressive, the City has pursued and is hoping to utilize these available funds on Idaho Road between Superstition and McKellips Boulevards as follows: ADOT Project Management & Design Review (PMDR) (FY20) City's Match: $ 30,000 Scoping/Design (FY20) City's Match: 250,000 Subtotal — Scoping/Design $ 280,000 Construction (FY23) Federal-aid Funds: $ 803,097 City's Match: $ 48,544 Subtotal — Construction $ 851,641 Total (Design and Construction) Federal Funds (CMAQ) $ 803,097 Total Estimated City Funds $ 328,544 Total Estimated Project Costs $1,131,641 The Public Works Department is requesting City Council approval the new Joint Project Agreement (JPA) / Intergovernmental Agreement (IGA) with ADOT which will provide both design services and construction funding for the construction of the Idaho Road Bicycle and Pedestrian Improvement Project. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 982-8005 Direction to Staff: 20-XXX Resolution 19 - 37 : An Intergovernmental Agreement with Arizona Department of Transportation for Bicycle and Pedestrian Improvements on Idaho Road . Department of Public Works March 2, 2020 By: Raquel Schatz Background • 2017 MAG CMAQ Funds '11AMMPH $851,64. for Construction in 2021 2018 MAG Awarded $60,001 for Design Assistance • 2019 MAG )enied application for full Design Schedule • Design: 15% • ROW acquisition necessary • Construction anticipated to begin 2021 Resolution 19-37: Idaho Road Bicycle and Pedestrian Improvements 2 PROPOSED CROSS SECTIONS Improvements Roadway Improvements 9 Install Bicycle Lanes Idaho Road from Superstition Boulevard to Tepee Street Proposed Conditions: 5'Sidewalk,Curb&Gutler,Crosswalk,and Street LightsCurb • Gutter - Sidewalks Fill in missing segments 5' —11' 11' S' � ` • Block • • to Library Idaho Road from Tepee Street to Foothills Street Proposed Conditions: 5'Sidewalk,Curb&Gutler,and SVeet Lights(West Side) - - Idaho Road from Foothills Street to Lost Dutchman Boulevard Proposed Conditions: Addition of 2-5'Paved Bicycle Lanes o ReslutionIdaho Road Bicycle andPedestrianImprovements Cost S ADOT PM & Design Review City's Match: $ 30,000Vol Design City's Match: $ 250,000 Subtotal — Design $280,000 Construction Federal-aid Funds: $ 803,097 City's Match: $ 48,544 Subtotal — Construction $ 851,641 Construction Federal Funds (CMAQ) $ 803,097 Total Estimated City Funds $ 328,544 Total Estimated Project Costs $ 1,131,641 Resolution 19-37: Idaho Road Bicycle and Pedestrian Improvements 4 Staff Recommendation 20-XXX The Public Works Department recommends APPROVAL Consent Agenda on 03/17/20 An *1w Thank You Resolution 19-37: Idaho Road Bicycle and Pedestrian Improvements 5 ADOT CAR No.: IGA 19-0007587-I AG Contract No.: P001 2019 003663 Project Location/Name: Idaho Road, Bicycle/Pedestrian Improvements Type of Work: Pedestrian Improvements Federal-aid No.:APJ-0(216)T ADOT Project No.: T023701D/01C TIP/STIP No.:APJ 19-801D,APJ21-802C CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: NA INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date ,pursuant to the Arizona Revised Statutes ("A.R.S.") §§ 11-951 through 11-954,as amended,between the STATE OF ARIZONA,acting by and through its DEPARTMENT OF TRANSPORTATION (the"State" or"ADOT") and the CITY OF APACHE JUNCTION,an Arizona municipal corporation,acting by and through its MAYOR and CITY COUNCIL (the"City").The State and the City are collectively referred to as "Parties" or individually as a"Party". I. RECITALS 1. The State is empowered by A.R.S.§28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2. The City is empowered by A.R.S.§48-572 to enter into this Agreement and has by resolution,a copy of which is attached and made a part of,resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City. 3. The work proposed under this Agreement consists of: 1)the installation of 5'sidewalks,and curb and gutter along the west side of Idaho Road between Superstition Boulevard and Foothill Street; 2)the installation of 5'asphalt bike lanes on the west side of Idaho Road between Superstition Boulevard and McKellips Boulevard; and 3) the installation of lighting and a crosswalk in front of the public library, (the"Project").The State will administer the scoping/design,and advertise,bid,award and administer the construction phase of the Project. 4. The interest of the State in this Project is the acquisition of federal funds for the use and benefit of the City and authorization of such federal funds for the Project pursuant to federal law and regulations.The State shall be the designated agent for the City for the Project,if the Project is approved by Federal Highway Administration (FHWA) and funds for the Project are available. Pagel of 9 IGA 19-0007587-1 THEREFORE, in consideration of the mutual terms expressed in this Agreement, it is agreed as follows: II. SCOPE OF WORK 1. The Parties agree: a. The Project will be performed,completed,accepted and paid for in accordance with the requirements of the Project plans and specifications. b. The final Project cost may exceed the initial estimate(s) identified in Exhibit A,and in such case,the City is responsible for,and agrees to pay,any and all actual costs exceeding the initial estimate. If the final bid amount is less than the initial estimate,the difference between the final bid amount and the initial estimate will be de-obligated or otherwise released from the Project by the State. The City acknowledges it remains responsible for,and agrees to pay according to the terms of this Agreement,any and all actual costs exceeding the final bid amount. c. The City and ADOT will each separately file a Notice of Intent(NOI) under the Construction General Permit(CGP)with the Arizona Department of Environmental Quality(ADEQ) before construction begins,if applicable to the Project. 2. The State will: a. Execute this Agreement,and if the Project is approved by FHWA and funds for the Project are available,be the City designated agent for the Project. b. After this Agreement is executed,and prior to performing or authorizing any work, invoice the City for the initial Project Development Administration (PDA) costs, estimated at$30,000.00 and the initial scoping/design costs,estimated at$250,000.00. If PDA and/or scoping/design costs exceed the initial estimates during the development of design,notify the City,and obtain concurrence prior to continuing and invoice as determined by ADOT and the City for additional costs to complete development of the Project.After the Project development costs are finalized,invoice or reimburse the City for the difference between actual development costs and the amount the City has already paid for development. c. After receipt of the PDA costs and the City estimated share of the Project design costs, on behalf of the City,prepare and provide all documents pertaining to the design and post-design of the Project,incorporating comments from the City,as appropriate. Review and approve documents required by FHWA to qualify the Project for and to receive federal funds. Perform tasks that may consist of,but are not limited to, preparation of environmental documents;analysis and documentation of environmental categorical exclusion determinations; geologic materials testing and analysis; right-of-way activities related to ADOT Oversight and Stewardship Agreement with FHWA;preparation of reports,design plans,maps,specifications and cost estimates and other related tasks essential to the development of the Project. Page 2 of 9 IGA 19-0007587-I d. Submit all required documentation pertaining to the Project to ADOT Financial Management Services (FMS) to be approved for scoping/design.After receipt of FMS authorization,proceed to advertise for and enter into contract(s) with the consultant(s) for the design and post design of the Project. Should costs exceed the maximum funds available,it is understood and agreed that the City will be responsible for any overage. e. After completion of scoping/design and prior to bid advertisement,invoice the City for the actual PDA costs,as applicable,and the City's share of the Project construction costs, estimated at$48,544.00.After the Project costs for construction are finalized,the State will either invoice or reimburse the City for the difference between estimated and actual costs. De-obligate or otherwise release any remaining federal funds from the scoping/design phase of the project. f. After receipt of the actual PDA and scoping/design costs,if applicable,and the City's estimated share of the Project construction costs, submit all required documentation to FHWA with the recommendation that the maximum federal funds programmed for construction of this Project be approved. Should costs exceed the maximum federal funds available,it is understood and agreed that the City will be responsible for any overage. g. After receipt of FHWA authorization,proceed to advertise for,receive and open bids, award and enter into a contract with the firm for the construction of the Project. If the bid amounts exceed the construction cost estimate,obtain City concurrence prior to awarding the contract.After the Project is awarded,invoice the City for the difference between estimated and actual costs,if applicable. h. Notify the City of substantial completion and final acceptance of the Project.At such time,file a Notice of Termination (NOT)with ADEQ transferring CGP responsibilities to the City,and provide a copy to the City indicating that the State's maintenance responsibility of the Project is terminated,as applicable. i. Notify the City of substantial completion and final acceptance of the Project; coordinate with the City and turn over full responsibility of the Project improvements. j. Not be obligated to maintain the Project,should the City fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement. 3. The City will: a. Designate the State as the City's authorized agent for the Project. b. Within 30 days of receipt of an invoice from the State,pay the initial PDA costs, estimated at$30,000.00 and the initial scoping/design costs,estimated at$250,000.00. c. Agree to be responsible for actual PDA costs,if during the development of design, PDA costs exceed the initial estimate. Be responsible and pay for the difference between the estimated and actual PDA and scoping/design costs within 30 days of receipt of an invoice. Page 3 of 9 IGA 19-0007587-1 d. Review design plans,specifications,cost estimates and other such documents required for the construction bidding and construction of the Project,including scoping/design plans and documents required by FHWA to qualify projects for and to receive federal funds; provide design review comments to the State as appropriate. e. After completion of design,within 30 days of receipt of an invoice from the State and prior to bid advertisement,pay to the State,any outstanding PDA and scoping/design costs and the City's share of the Project construction costs,estimated at$48,544.00. Be responsible for and pay the difference between the estimated and actual construction costs of the Project,within 30 days of receipt of an invoice. f. Be responsible for all costs incurred in performing and accomplishing the work as set forth under this Agreement,that are not covered by federal funding. Should costs be deemed ineligible or exceed the maximum federal funds available,it is understood and agreed that the City is responsible for these costs; payment for these costs shall be made within 30 days of receipt of an invoice from the State. g. Certify that all necessary rights-of-way have been or will be acquired prior to advertisement for bid and also certify that all obstructions or unauthorized encroachments of whatever nature,either above or below the surface of the Project area,shall be removed from the proposed right-of-way, or will be removed prior to the start of construction,in accordance with The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended; 49 CFR 24.102 Basic Acquisition Policies;49 CFR 24.4 Assurances, Monitoring and Corrective Action,parts (a) &(b) and ADOT Right of Way Procedures Manual: 8.02 Responsibilities, 8.03 Prime Functions, 9.06 Monitoring Process and 9.07 Certification of Compliance. Coordinate with the appropriate State's Right-of-Way personnel during any right-of-way process performed by the City,if applicable. h. Certify that the City has adequate resources to discharge the City's real property related responsibilities and ensures that its Title 23-funded projects are carried out using the FHWA approved and certified ADOT Right of Way Procedures Manual and that they will comply with current FHWA requirements whether or not the requirements are included in the FHWA approved ADOT Right of Way Procedures Manual. (23 CFR 710.201). i. Not permit or allow any encroachments on or private use of the right-of-way,except those authorized by permit. In the event of any unauthorized encroachment or improper use,the City shall take all necessary steps to remove or prevent any such encroachment or use. j. Automatically grant to the State,by execution of this Agreement,its agents and/or contractors,without cost,the temporary right to enter City rights-of-way,as required,to conduct any and all construction and preconstruction related activities for the Project, on,to and over said City rights-of-way. This temporary right will expire with completion of the Project. k. Investigate and document utilities within the Project limits; submit findings to ADOT determining prior rights or no prior rights;approve an easement within the final right- of-way to re-establish the prior right location for those utilities with prior rights. Page 4 of 9 IGA 19-0007587-I 1. Be obligated to incur any expenditure should unforeseen conditions or circumstances increase Project costs. Be responsible for the cost of any City requested changes to the scope of work of the Project; such changes will require State and FHWA approval.Be responsible for any contractor claims for additional compensation caused by Project delay attributable to the City.Payment for these costs will be made to the State within 30 days of receipt of an invoice from the State. m. After notification of final acceptance by the State,assume and maintain full responsibility of the Project,including Storm Water Pollution Prevention Plans (SWPPP) inspections,maintenance,and required documentation,until final stabilization is reached.Provide the NOI number to the State and the Contractor,accept CGP responsibilities at time of transfer,and file an NOT with ADEQ when final stabilization is reached,as applicable. n. After completion and final acceptance of the Project,agree to maintain and assume full responsibility of the Project and all Project components. o. Pursuant to 23 USC 102(b),repay all federal funds reimbursements for preliminary engineering costs on the Project if it does not advance to right of way acquisition or construction within 10 years after federal funds were first made available. III. MISCELLANEOUS PROVISIONS 1. This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. 2. Any change or modification to the Project will only occur with the mutual written consent of both Parties. 3. The terms,conditions and provisions of this Agreement shall remain in full force and effect until completion of the Project and all related deposits and/or reimbursements are made. Any provisions for maintenance shall be perpetual,unless assumed by another competent entity. 4. This Agreement may be cancelled at any time up to 30 days before the award of the Project contract,so long as the cancelling Party provides at least 30 days'prior written notice to the other Party. It is understood and agreed that,in the event the City terminates this Agreement,the City shall be responsible for all costs incurred by the State up to the time of termination. It is further understood and agreed that in the event the City terminates this Agreement,the State shall in no way be obligated to complete or maintain the Project. 5. The City shall indemnify,defend,and hold harmless the State,any of its departments, agencies,officers or employees (collectively referred to in this paragraph as the"State") from any and all claims,demands,suits,actions,proceedings,loss,cost and damages of every kind and description,including reasonable attorney fees and/or litigation expenses (collectively referred to in this paragraph as the"Claims"),which may be brought or made against or incurred by the State on account of loss of or damage to any property or for injuries to or death of any person,to the extent caused by,arising out of,or contributed to, by reasons of any alleged act,omission,professional error,fault,mistake,or negligence of Page 5 of 9 IGA 19-0007587-I the City,its employees,officers,directors,agents,representatives,or contractors,their employees,agents,or representatives in connection with or incident to the performance of this Agreement.The City's obligations under this paragraph shall not extend to any Claims to the extent caused by the negligence of the State,except the obligation does apply to any negligence of the City which may be legally imputed to the State by virtue of the State's ownership or possession of land.The City's obligations under this paragraph shall survive the termination of this Agreement. 6. The State shall include Section 107.13 of the 2008 version of the Arizona Department of Transportation Standard Specifications for Road and Bridge Construction,incorporated into this Agreement by reference,in the State's contract with any and all contractors, of which the City shall be specifically named as a third-party beneficiary.This provision may not be amended without the approval of the City. 7. The cost of scoping, design,construction and construction engineering work under this Agreement is to be covered by the federal funds programmed for this Project,up to the maximum available.The City acknowledges that actual Project costs may exceed the maximum available amount of federal funds, or that certain costs may not be accepted by FHWA as eligible for federal funds.Therefore,the City agrees to pay the difference between actual costs of the Project and the federal funds received. 8. Should the federal funding related to this Project be terminated or reduced by the federal government, or Congress rescinds,fails to renew, or otherwise reduces apportionments or obligation authority,the State shall in no way be obligated for funding or liable for any past, current or future expenses under this Agreement. 9. The cost of the Project under this Agreement includes indirect costs approved by FHWA,as applicable. 10. The Parties warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the "Act").Additionally,in a timely manner, the City will provide information that is requested by the State to enable the State to comply with the requirements of the Act,as may be applicable. 11. The City acknowledges and will comply with Title VI of the Civil Rights Act Of 1964. 12. The City acknowledges compliance with federal laws and regulations and may be subject to the CODE OF FEDERAL REGULATIONS,TITLE 2, PART 200 (also known as The Uniform Grant Guidance). Entities that expend$750,000.00 or more (on or after 12/26/14) of federal assistance (federal funds,federal grants, or federal awards) are required to comply by having an independent audit in accordance with§200.331 Subpart F. Either an electronic or hardcopy of the Single Audit is to be sent to Arizona Department of Transportation Financial Management Services within the required deadline of nine months of the sub recipient fiscal year end. ADOT- FMS Attn: Cost Accounting Administrator 206 S 17th Ave. Mail Drop 204B Phoenix,AZ 85007 SingleAudit@azdot.gov Page 6 of 9 IGA 19-0007587-I 13. This Agreement shall be governed by and construed in accordance with Arizona laws. 14. This Agreement may be cancelled in accordance with A.R.S.§ 38-511. 15. The City shall retain all books,accounts,reports,files and other records relating to the Agreement for five years after completion of the Project.These documents shall be subject at all reasonable times to inspection and audit by the State. Such records shall be produced by the City at the request of ADOT. 16. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 U.S.C. 12101-12213) and all applicable federal regulations under the Act,including 28 CFR Parts 35 and 36.The Parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated in this Agreement by reference regarding"Non-Discrimination." 17. Non-Availability of Funds: Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 18. In the event of any controversy,which may arise out of this Agreement,the Parties agree to abide by arbitration as is set forth for public works contracts if required by A.R.S.§ 12-1518. 19. The Parties shall comply with the applicable requirements of A.R.S.§41-4401. 20. The Parties shall certify that all contractors comply with the applicable requirements of A.R.S.§ 35-393.01. 21. The Parties shall comply with all applicable laws,rules,regulations and ordinances,as may be amended. 22. All notices or demands upon any Party to this Agreement shall be in writing and shall be delivered electronically,in person,or sent by mail,addressed as follows: For Agreement Administration: Arizona Department of Transportation City of Apache Junction Joint Project Agreement Section Attn: Raquel C. Schatz 205 S. 17th Avenue, Mail Drop 637E 575 E. Baseline Avenue Phoenix,AZ 85007 Apache Junction,AZ 85119 JPAB ranch Pazdot.gov 480.474.8549 RSchatz@ajcity.net For Project Administration: Arizona Department of Transportation City of Apache Junction Transportation Planning and Implementation Attn: Raquel C. Schatz 205 S. 17th Avenue, Mail Drop 575 E. Baseline Avenue Page 7 of 9 IGA 19-0007587-I Phoenix,AZ 85007 Apache Junction,AZ 85119 602.712.6685 480.474.8549 RSchatz@ajcity.net For Financial Administration: Arizona Department of Transportation City of Apache Junction Transportation Planning and Implementation Attn: Donna Meinerts 205 S. 171h Avenue, Mail Drop 300 E. Superstition Boulevard Phoenix,AZ 85007 Apache Junction,AZ 85119 602.712.6685 480.474.5451 DMeinerts@ajcity.net 23. Any revisions to the names and addresses above may be updated administratively by either Party and shall be in writing. 24. In accordance with A.R.S.§ 11-952 (D),attached and incorporated in this Agreement is the written determination of each Party's legal counsel that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JEFF SERDY STEVE BOSCHEN,PE Mayor Division Director ATTEST: By JENNIFER PERA City Clerk Page 8 of 9 IGA 19-0007587-I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION,and the CITY OF APACHE JUNCTION,an agreement among public agencies which,has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. City Attorney Date Page 9 of 9 EXHIBIT A IGA 19-0007587-I Cost Estimate T0237 01D/01C The federal funds will be used for the scoping/design and construction of the Project,including the construction engineering(CE) and administration cost.The estimated Project costs are as follows: T0237 03D (ADOT Project Development Administration (PDA) Cost.non-federal-aid) PDA costs $ 30,000.00 T0237 01D (scoping/design) City's contribution @ 100% $ 250.000.00 Subtotal-Scoping/Design/PDA $ 280,000.00 T0237 01C (construction) Federal-aid funds @ 94.3% $ 803,097.00 City's match @ 5.7% $ 48,544.00 Subtotal- Construction** $ 851,641.00 Estimated TOTAL Project Cost $1,131,641.00 Total Estimated City Funds $ 328,544.00 Total Federal Funds $ 803,097.00 ** (Includes 15%CE (this percentage is subject to change,any change will require concurrence from the City) and 5% Project contingencies) Page 1 of 1 RESOLUTION NO. 19-37 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE IDAHO ROAD BICYCLE AND PEDESTRIAN IMPROVEMENT PROJECT. WHEREAS, the City of Apache Junction ("City") and the State of Arizona Department of Transportation ("ADOT") desire to enter into an Intergovernmental Agreement ("IGA") for a bicycle and pedestrian improvement project on Idaho Road between Superstition and McKellips Boulevards (the "Project") ; and WHEREAS, the City acquired federal-aid funds to construct the Project; and WHEREAS, the State and the City have identified systematic improvements within the City as being eligible under this program; and WHEREAS, the State shall be the designated agent for the City; and WHEREAS, pursuant to A.R. S . § 11-952 (A) , public entities may enter into IGAs with other municipalities and governmental entities for joint or cooperative activities; and WHEREAS, the parties have crafted the attached written agreement in the form of an IGA which formalizes the arrangement; and WHEREAS, the attached written agreement ("IGA/JPA 19- 0007587-I") sets forth the financial and administrative conditions for the Project' and WHEREAS, ADOT will contribute $803, 097 and the City $328, 544 towards completing the project; and RESOLUTION NO. 19-37 PAGE 1 OF 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council approve the attached form of the IGA set forth in Attachment A; and the mayor is hereby authorized to sign the agreement on behalf of the city. 2) The city manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the IGA. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF , 20 JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 19-37 PAGE 2 OF 2 City of Apache Junction, Arizona 300 E Superstition Boulevard U z Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.9. �Piz oN* File ID: 20-096 Sponsor: Liz Langenbach Agenda Date: 3/3/2020 Index: In Control: City Council Meeting Presentation and discussion on Resolution No. 20-03 authorizing the City of Apache Junction to enter into an intergovernmental facilities use agreement with the Apache Junction Unified School District to extend recreational and educational related services and programs to the community and for joint or cooperative activities. City of Apache Junction,Arizona Page 1 Printed on 611512026 PQ Pc HE✓�ti �z iCy ot fiche ]unction p gAlzotO` Home of the Superstition Mountains MEMORANDUM TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager FROM: Liz Langenbach, Parks and Recreation Director DATE: February 19, 2020 SUBJECT: Intergovernmental Agreement with Apache Junction Unified School District Our current Inter-Governmental Agreement ("IGA") between the City of Apache Junction ("City") and Apache Junction Unified School District ("AJUSD") is set to expire in May of this year. City and AJUSD staff have been meeting since summer, to discuss the many benefits of our partnership and potential changes to the current agreement. Both entities have worked closely with both attorneys. We are confident that our renewed IGA will provide continued sharing of tax payer-funded resources for the overall good of our citizens. Below are the key changes we hope to accomplish (all other items remain the same): 1. Parks and Recreation to take back all maintenance of landscape and amenities at Superstition Shadows Park (rather than splitting responsibility); it was built as a city park, it is viewed by citizens as a city park and we would like to insure consistent maintenance 2. Add in language to allow the use of AJUSD bus fleet and drivers for city programs/field trips 3. Add in language to clarify the mutual marketing/promotion opportunities for both entities 4. Increase the term of the new agreement from 5 years to a maximum of 10 years 5. Minor clean-up of legal descriptions and format At this time, staff respectfully requests consideration by the City Council to renew our agreement with AJUSD. This item will appear for presentation and discussion at your March 2nd Work Session. If all is agreeable, staff will bring back the IGA and accompanying resolution to your March 17th City Council meeting for final adoption. 300 E.Superstition Blvd.•APACHE JUNCTION,AZ 85119•www.aicity.net •PHONE(480)983-2181•FAX(480)982-2438•TDD(480) 983-0095 DRAFT 2/12/20 When recorded return to: Richard Joel Stern, Esq. Apache Junction City Attorney 300 East Superstition Blvd. Apache Junction, AZ 85119 INTERGOVERNMENTAL FACILITIES USE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND APACHE JUNCTION UNIFIED SCHOOL DISTRICT#43 INTERGOVERNMENTAL FACILITIES USE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND APACHE JUNCTION UNIFIED SCHOOL DISTRICT#43 THIS INTERGOVERNMENTAL FACILITIES USE AGREEMENT (the "Agreement" or this "IGA") is made as of the day of 2020, ("Effective Date") by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation (the "City") and APACHE JUNCTION UNIFIED SCHOOL DISTRICT #43, (the "District"), collectively from time to time referred to as the "Parties", or individually as a "Party". RECITALS A. Pursuant to A.R.S. §§ 11-952, 15-342(13) and 15-364, local municipalities and school districts may enter into intergovernmental agreements for common goals, including but not limited to development, cooperative maintenance, operation and use of parks and recreational facilities on properties used for school purposes and under the control of school districts. B. The Parties historically entered into cooperative use, construction, and maintenance agreements for recreational and educational facilities (the "Facilities") and activities (August 1979, October 1981, May 1983, May 1989, April 1991, February 2001 and May 14, 2015 (expiring on May 14, 2020)). C. District is the owner of certain real property located at 1091 West Southern Avenue, Apache Junction, Arizona, and related athletic and recreational facilities as set forth in Exhibit A hereto (the "Superstition Shadows Facilities"). D. District is the owner of certain real property located at 550 South Ironwood Drive, Apache Junction, Arizona, and related athletic and recreational facilities as set forth in Exhibit B hereto (the "Superstition Mountain Facilities"). E. District and City desire to achieve cost savings and serve the public interest within their respective boundaries by providing recreational, educational and athletic facilities for use by District's students and City's residents consistent with the mutual responsibilities of the Parties. F. The Parties intend, concurrent with this IGA, to enter into good faith negotiations to finalize an arrangement which provides for other City/District partnerships, thereby resulting in taxpayer savings and extending recreational and education-related services and programs for years to come. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants set forth herein, the Parties agree as follows: 2 1. ACCURACY OF THE RECITALS: The Parties hereby confirm the accuracy of the Recitals as set forth above, which are incorporated herein by this reference. 2. PURPOSE OF THIS AGREEMENT: The purpose of this Agreement is to set forth the services, programs and facilities common to the Parties for the benefit of the community. 3. FACILITIES: The applicable Facilities and Parties' obligations and rights include: A. With respect to the Superstition Shadows Facilities: i. District Duties: On July 1 st of each year that this Agreement is in effect, District shall pay City $25,000.00 for its proportionate share of maintenance and utilities. District shall purchase and maintain throughout the Term of this Agreement public liability and property damage insurance and shall provide to City proof of such insurance no later than July 1" each year that this Agreement is in effect and shall provide a certificate of insurance which names City, its elected officials, appointees and employees as additional insured parties. ii. District Rights: With non-conflicting advanced scheduling and approval from City staff, District may utilize City-managed portions of the Superstition Shadows Facilities free of charge. District shall retain title and all related rights to the Superstition Shadows Facilities except as modified by this Agreement. iii. City Duties: City shall manage and maintain the Superstition Shadows facilities year-round while this Agreement is in effect. City shall manage scheduling of use of the facilities for the benefit of District and its students and employees, City athletic leagues, and other members of the public. City shall be listed as the responsible named party on all utility accounts and shall pay all utility bills for the Superstition Shadows Facilities. City shall purchase and maintain throughout the Term of this Agreement public liability and property damage insurance and shall provide to District proof of such insurance no later than July 1" each year this Agreement is in effect and shall provide District a certificate of insurance which names District, its elected officials, appointees and employees as additional insured parties. 3 iv. City Rights: City may operate concession stands and retain all realized profits; place signage as necessary on the property; and utilize all areas for public recreational purposes. B. With respect to the Superstition Mountain Facilities: i. District Duties: District shall allow City year-round unrestricted use of the Superstition Mountain Facilities each year this Agreement is in effect. District shall purchase and maintain throughout the Term of this Agreement public liability and property damage insurance and provide proof of such insurance to City no later than July 1" of each year this Agreement is in effect and shall provide a certificate of insurance which names City, its elected officials, appointees and employees as additional insured parties. ii. District Rights: With non-conflicting advanced scheduling and approval from City staff, District may utilize City-managed portions of the Superstition Mountain Facilities free of charge. District shall retain title and all related rights to the Superstition Mountain Facilities except as modified by this Agreement. iii. City Duties: City shall provide all maintenance and fully manage year-round the Superstition Mountain Facilities. City shall manage scheduling of use of the facilities for the benefit of District and its students and employees, City athletic leagues, and other members of the public. City shall be the responsible named party on all utility accounts and shall pay all utility bills for the Superstition Mountain Facilities. City shall purchase and maintain throughout the Term of this Agreement public liability and property damage insurance and shall provide proof of such insurance to District no later than July 1 stof each year this Agreement is in effect and shall provide District a certificate of insurance which names District, its elected officials, appointees and employees as additional insured parties. iv. City Rights: City may operate concession stands and retain all realized profits and place signage as necessary on the property. C. Other City/District Owned Shared Facilities 4 District and City Duties: Subject to the last sentence of this paragraph, each Party shall be provided access to other facilities owned by the other Party free of charge provided that a) the requesting Party provides advanced non- conflicting scheduling notice to the other and obtains appropriate approvals b) that such use does not interfere with the primary function and purpose of the Party providing access to such facilities and c) that such use is consistent with applicable state and federal laws governing safety and privacy of students. Facilities requiring staff will incur charges using a cost recovery model mutually agreed upon in writing by the school superintendent and city manager. 4. MISCELLANEOUS CITY/DISTRICT ACTIVITIES: A. Use of Buses: Upon reasonable request by City, District shall provide buses for City-sponsored events subject to the following conditions: i. City will give District adequate notice of City's intent to use the District-provided buses. Adequate notice means sufficient time to allow District employees to coordinate use of buses with all relevant District departments, but in no case less than seven days. ii. District shall have priority use of buses, and if District requires use of buses for District activities, City shall have no right to such use. iii. City will pay District for actual costs of operating the buses and any staffing expenses within 30 days following use of District buses. B. Marketing of City/District Programs: The Parties will promote and/or market appropriate programs to citizens, students and parents by posting the programs on their respective marquees. The Parties will provide promotional materials including but not limited to posters, flyers, and electronic communications regarding programs of interest to citizens, students and parents. The Party sponsoring such program shall incur the costs of producing promotional materials. 5. PARTNERED ACTIVITIES: District and City shall coordinate and work cooperatively on any and all programs and/or services determined to be mutually beneficial to both Parties. 6. INDEMNIFICATION: To the extent permitted by law, each Party covenants and agrees to fully indemnify, defend and hold harmless the other Party, its special districts, elected officials and appointed officers, employees, 5 and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature relating to this Agreement, including attorney and expert witness fees, which, are the result of any act or omission of the Parties, their elected officials, officers, employees, agents, and anyone acting under their direction or control, whether reckless, intentional or negligent, in connection with or incidental to this Agreement. If any action or claim shall be brought or asserted against either Party or their elected officials, appointed officers, agents, servants or employees for which indemnity may be sought from either Party, the Parties shall promptly notify one another in writing. The noticed Party shall, within ten working days of receiving such notice, assume the defense thereof and the payment of all expenses, including any attorney fees and all court costs which shall be paid as incurred. This section shall survive the expiration or early termination of this Agreement. 7. INSURANCE: It is understood and agreed that both Parties may elect to self-insure or obtain insurance through their pooling agreement with other governmental entities against any or all of the risks related to this Agreement and to meet the insurance requirements set forth in Sections 3 and 6 of this Agreement. 8. MUTUAL REPRESENTATIONS: The Parties represent and warrant to each other the following: A. Their execution and approval of this Agreement has been made in compliance with the procedural requirements of their respective codes, rules and statutory mandates. B. They will execute and acknowledge when appropriate all documents and instruments and take all actions necessary to implement and evidence this Agreement. C. As of the date of this Agreement, the Parties know of no litigation, proceeding, initiative, referendum, or investigation contesting their powers or their officials with respect to this Agreement. D. The execution, delivery and performance of this Agreement by the Parties is not prohibited by, and does not conflict with, any other agreements, instruments or judgments or decrees involving the Parties. E. The Parties have been assisted by counsel of their own choosing in connection with the preparation and execution of this Agreement. 6 9. TERM OF AGREEMENT/TERMINATION: This Agreement shall be valid for a Term of eight years and shall automatically be renewed for two additional one-year periods. Before the eighth anniversary of the Effective Date of this Agreement, either Party may terminate this Agreement for any reason upon one-year written notice, sent to the other Party, by first class certified mail, postage prepaid. Either party may choose to non-renew this Agreement by sending written notice to the other Party at least 90 days before the effective date of automatic renewal of this Agreement. 10. NOTICES: Except as otherwise required by law, any notice required or permitted under this Agreement shall be in writing and shall be given by personal delivery, or by deposit in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed to the Parties at their respective addresses set forth below, or at such other address as a Party may designate in writing pursuant to the terms of this section, or by telecopy or tele- facsimile machine, or by any nationally recognized express or overnight delivery service (e.g. Federal Express or UPS), delivery charges prepaid: If to City: Parks and Recreation Director City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 And to: City Attorney City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 If to District: Superintendent of Schools Apache Junction Unified School District#43 1575 W. Southern Avenue, Suite 3 Apache Junction, AZ 85120 And to: District Counsel [Udall Shumway, PLC] [1138 North Alma School Road, Suite 101] [Mesa, Arizona 85201] 10. SEVERABILITY: The Parties each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring either party to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement, and this Agreement shall otherwise remain in full force and effect; 7 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. 11. GOVERNING LAW, VENUE AND ATTORNEY FEES: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement shall be tried in a court of competent jurisdiction in Pinal County, Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including reasonable attorney fees to be determined by the court in such action. 12. SUCCESSORS, ASSIGNMENT & DELEGATION: The obligations and rights created in this Agreement are binding upon and shall inure to the benefit of the parties and their successors, assigns and legal representatives. Neither Party may assign, sublet or delegate the duties hereunder, without the prior written approval of the other Party. Such successor or assignee shall assume, in writing, all duties and obligations hereunder of the prior party and shall further agree to be bound by and to fully perform the terms of this Agreement. 13. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire Agreement between the Parties and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the Agreement, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. Notwithstanding the above, items deemed as "minor amendments" under this IGA must be such things that are administrative, ministerial or procedural in nature, not policy-related that typically require City Council/District Board approval. If a minor amendment is needed, a letter agreement signed by the City Manager and District Superintendent shall be executed and provided to their respective governing 8 bodies. No official action is required by the City Council or District Board to accept minor amendments. 14. AVAILABILITY OF FUNDS: The Parties' financial obligations under this Agreement are contingent upon the availability of budgeted and/or allocated funds from which payment for services, programs and equipment common to the Parties can be made. There is no legal liability on the part of the Parties to make any payment or payments until funds are available for the services, programs and equipment under this Agreement and until each Party receives from each other notice of such availability, to be confirmed in writing by the Parties' representatives. 15. CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by the Parties in accordance with the provisions of A.R.S. § 38-511. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. DISTRICT: Apache Junction Unified School District #43 By: Its: Chairperson ATTEST: By: Board Secretary CITY: City of Apache Junction, Arizona, an Arizona municipal corporation By: Jeff Serdy Its: Mayor ATTEST: 9 By: Jennifer Pena, City Clerk 10 COUNSEL APPROVAL AS TO FORM: I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Date District Attorney I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Richard J. Stern Date City Attorney 11 EXHIBIT CACTUS - CANYON ':. JUNI 1 .s` SUPERSTITION SHADOWS ,» PARK .ro PARK BOUNDARY �140Or b, -. ,r yr _ y SUPERSTITION SHADOWS PARK BOUNDARY EXH1131T 'a• EXHIBIT c e a SOUNDARY- r S.M.E.S. 1 SUPERSTITION MOUNTAIN ELEMENTARY SCHOOL BALL FIELDS BOUNDARY EXHIBIT 'B' RESOLUTION NO. 20-03 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION, ARIZONA TO ENTER INTO AN INTERGOVERNMENTAL FACILITIES USE AGREEMENT WITH THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT #43 . WHEREAS, the City of Apache Junction ("City") and the Apache Junction Unified School District #43 ("District") desire to enter into an agreement which will extend recreational and educational related services and programs to the community; and WHEREAS, pursuant to A.R. S . §§ 11-952 (A) , 15-362 (13) and 15-364, cities and schools may enter into intergovernmental agreements with each other for joint or cooperative activities; and WHEREAS, the parties have crafted the attached IGA which formalizes the arrangement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council hereby approve the attached form of the intergovernmental facilities use agreement between City and District and the mayor is hereby authorized to sign the agreement. 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 and to fulfill all the duties required under the IGA. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF , 20 JEFF SERDY Mayor RESOLUTION NO. 20-03 PAGE 1 OF 2 ATTEST : JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 20-03 PAGE 2 OF 2 ATTACHMENT A City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 10. Piz File ID: 20-068 Sponsor: Jennifer Pena Agenda Date: 3/3/2020 Index: In Control: City Council Meeting Discussion on and consideration of approval of the Pinal County intergovernmental agreement for election services for the August 2020 primary election and, if necessary, the November 2020 general election. Through the intergovernmental agreement the city will obtain critical election and voter-related services to include sample and final ballots, ballot tabulation, precinct registers and signature rosters, early voting and election boards. City of Apache Junction,Arizona Page 1 Printed on 611512026 Pp ACHE�& O 20 N k 1 RjzoNA MARCH 3, 2020 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: JENNIFER PENA, CITY CLERK SUBJECT: Intergovernmental Agreement for provisions of services with Pinal County Elections and Recorders Office for elections and voter registration services We have received the Election Services Intergovernmental Agreement from Pinal County for the primary election on August 4, 2020 and the general, if needed, on November 3, 2020. We are required to have the approved intergovernmental agreement to the county at least 120 days prior to the election so that we both meet all of our legal requirements. Prior to the 2016 election, Pinal County charged the city on a cost per item basis, dependent on the number of registered voters. This cost used to exceed $31,000. With the change to consolidated elections, Pinal County set its fee as a flat rate of $.75 per voter and did not break down the cost per item. The cost of the August 2016 primary election was $17,229 with a slight increase in the 2016 general election to $17,767.50 Every election cycle the County reviews and cleans up the voter registration rolls. The 2018 primary election, which also had a permanent base ballot measure, cost the city $16,271.25. This price excludes printing of the publicity pamphlet and mailing them. In 2018 the City of Apache Junction had 21,695 registered voters. Estimating a 10% increase of registered voters before the registration deadline closes provides an estimated 23,467 registered voters. There would be the additional charge for the general election if necessary, with an estimated cost being around $17,600.25. These amounts reflect only Pinal County election charges and does not include the cost of publicity pamphlets or postage. They do not include election-related charges from Maricopa County, legal advertising costs, publicity pamphlet preparation, Spanish translations, postage for the publicity pamphlet and sample ballots, etc. PINAL COUNTY ELECTIONS MICHELE FORNEY Subject: Intergovernmenta(Agreements In order to supply your Municipality with Election and Voter Registration services, please complete the attached Intergovernmental Agreement (IGA). Fill in all applicable areas and obtain signatures from the appropriate parties (including your legal counsel). Upon completion, please return the IGA to the address listed on the upper right hand corner of the Agreement. To ensure that all statutory and legal requirements are met (by all parties), the signed IGA must be in our office at least one hundred twenty days prior to the Election Date. After all signatures have been obtained, and the IGA is approved by the Pinal County Board of Supervisors, you will receive an approved copy. If you have any questions, please contact our Elections Department at (520) 866-7557. 188 S. MAIN STREET * COOLIDGE, AZ 85128 P. O. BOX 1592 * FLORENCE, AZ 85132 PH (520) 866-7557 * FAX (520) 866-7551 * TDD (520) 866-6851 pinalcountyaz.gov/Departments/Elections To be completed by Municipality: Completed Agreement filed and Jennifer Pena returned to: Contact name Pinal County Elections Dept. Title City Clerk P. o.Box 1592 Address 300 E. Superstition Blvd. Florence,AZ 85132 Apache Junction, AZ 85119 Phone Number 480-982-8002 INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF SERVICES BY THE PINAL COUNTY ELECTIONS AND RECORDER DEPARTMENT THIS AGREEMENT is entered into this 3rd day of March 2020 between Pinal County, a political subdivision of the State of Arizona, hereinafter referred to as"County", and the City of Apache Junction , hereinafter referred to as"Municipality". WHEREAS, A.R.S. Section 11-952 allows public agencies to contract for services and enter into agreements; and, WHEREAS, Municipality may hold Special/Regular elections for bond issues, recalls, overrides, etc. pursuant to A.R.S. Sections 9-231, 9-5239 19-201 et seq., and, WHEREAS, County is authorized,pursuant to A.R.S. Sections 11-251(3), 16-172, and 16-511, et seq., to perform services concerning elections, and, WHEREAS, County and Municipality have determined that the use of certain services of the Pinal County Elections Department and the Pinal County Recorder's Office is in the public interest, and the County agrees to provide such services. NOW, THEREFORE, in consideration of the mutual covenants of and stipulations set forth herein, the parties agree as follows: 1. The purpose of this Agreement is to secure the services of the County for the preparation and conduct of 2020 Primary/General election (s) to be held on Aug. 4 / Nov. 3, 2020 Name of election Date of election -2- 2. The Services provided by the County Elections Department are: a. Prepare ballot formats for the Municipality to be approved by the Jurisdiction. b. Provide the sample ballots with the Municipality measures' positions according to precincts within the boundaries of the Municipality. c. Provide sample ballots, if required, for public distribution and issue them through the Municipality. d. Provide ballots to be used in each precinct, which will allow qualified electors to vote for the Municipality Candidates and/or Measures. e. Conduct logic and accuracy tests as required by law and publishing all legal notices in connection therewith. f. Tally official results of the election(s), utilizing paper ballots or electronic ballot counting equipment as mutually agreed upon between Municipality and County. g. Cause the precinct election boards to utilize the copies of precinct registers,prepared from the records of the County Recorder, for the purpose of identifying the electors qualified to vote in the above-mentioned election(s). 3. The Services provided by the County Recorder are: a. Provide copies of precinct registers of qualified electors for precincts contained partially or wholly within the Municipality limits. Said registers shall be prepared from the voter registration records of the County Recorder b. Early Voting—Indicate only one below: LJ Municipality authorizes County Recorder to handle all Early Voting Functions. aMunicipality will be handling Early Voting functions. The County Recorder will provide the following: ♦ A list of qualified electors who are eligible to vote early: such lists are to be used solely by the Municipality for Early Voting, or such other election related purposes as may be specifically authorized by law. ♦ A list of permanent early voters within the Municipality that are to automatically be mailed an early ballot. Said lists shall be generated from the voter registration records of the County Recorder. -3 - 4. Obligation of Municipality. The Municipality or designate thereof agrees to: a. Provide the Elections Department with a certification of the measures to appear on the official ballot for the Special/Regular election. b. Provide a certified list of measures and the order of appearance of the measures to the Elections Department ninety(90) days prior to the election. c. Provide nomination petitions and other necessary information to prospective candidates for council positions. d. Accept candidates' nomination documents for filing. e. Accept candidates' financial disclosure statements. f. Accept all campaign finance statements and expenditure reports from candidates and/or candidates' campaign committees. g. Provide the County Elections Office with the names of any Write-in candidates as prescribed by law. h. Prepare and Issue certificates of the result of the election. i. Publish all legal notices in connection with a municipal election with the exception of the logic and accuracy test notification as described in Section 2(e) of this agreement. j. If the Municipality chooses to conduct their own early voting, provide the County Recorder, upon receipt and prior to processing early ballots, copies of the complete Applications of Early Ballots for signature comparison by the County Recorder or other officer in charge of elections as required by A.R.S. Section 16-550(A). These copies can be provided by mail, hand delivery, or fax as time constraints dictate. k. Pay to County, on a reimbursable basis, all costs of personnel, election materials, and supplies expended by County pursuant to this Agreement. Municipality will make said payment to County within fourteen (14) days after presentation by County of demand for said payment. 1. If the Municipality chooses to conduct their own early voting, a list of all "Inactive Status" electors who voted in the election pursuant to A.R.S. Section 16-583 shall be provided to the County Recorder. m. Agree to be a point of contact regarding conditional provisional ballots —in that a voter of a conditional provisional ballot can take an acceptable type of personal identification to qualify the subject conditional provisional ballot; document what type of identification is provided indicating any identification numbers and issue dates; provide a daily receipt of identification forms from conditional provisional ballot holders by the Municipality -4- Clerk's office that will be forwarded to the Voter Registration Department of the Pinal County Recorder. This can be done by fax or hand-carried. 5. Manner of Financing and Budgeting. Each party represents that it has sufficient funds available in its current fiscal year budget to discharge the funding obligation imposed by this Agreement, and agrees that such funds shall be solely available therefore. 6. Termination. This Agreement shall terminate upon all matters connected with the election being resolved, legal challenges excepted or upon written notice by either party to the other within thirty (30) days of the effective date of this Agreement. Should the election herein be challenged or questioned for any reason whatsoever, then, in such event, Municipality shall be solely responsible for defending, legally or otherwise, said election. 7. Indemnification of County. To the extent allowed by law, the County agrees to indemnify and hold harmless the Municipality from all injuries to persons or property caused by the acts or omissions of the County arising out of the County's activities under this Agreement. To the extent allowed by law, the Municipality agrees to indemnify and hold harmless the County from all injuries to persons or property caused by the acts or omissions of the Municipality arising out of the Municipality's activities under this Agreement. 8. Conflict of Interest. The parties have been advised of and are aware that the Pinal County Attorney's Office represents both Pinal County and also the Municipality and have been informed to seek the advice of outside counsel. The parties expressly and mutually waive any adverse interest that may exist and also waive any allegations of conflict of interest by the Pinal County Attorney's Office and expressly approve of the Pinal County Attorney's Office dual representation. 9. Effective Date and Term of Agreement. This Agreement shall be effective upon approval by the Pinal County Board of Supervisors, and shall terminate as provided in 6 above. -5 - 10. Nondiscrimination. The parties shall comply with Executive Order 2009-9 and all other applicable State and Federal employment laws, rules, and regulations, mandating that all persons shall have equal access to employment opportunities, and that no person shall be discriminated against due to race, creed, color, religion, sex, national origin or disability. 11. Severability. If any provisions of this Agreement or application thereof to the County, Municipality, person or circumstances is held invalid; such invalidity shall not affect other provisions or applications of this Agreement, which can be given effect, without the invalid provision or application and to the end the provisions of the Agreement are declared to be severable. 12. E-Verify/Immigration. The parties warrant and represent to each other that they are in compliance with the Federal Immigration and Nationality Act (FINA), A.R.S. Sections 41-4401 and 23-214, and all other federal and state immigration laws and regulations. 13. Cancellation. This Agreement may be canceled by either party for conflict of interest pursuant to A.R.S. Section 38-511. 14. Governing Law. This Agreement shall be construed under the laws of the State of Arizona and by applicable federal law. 15. Entire Agreement. This Agreement contains the entire agreement between parties concerning its subject matter and any amendment to this Agreement shall not be made except by mutual written agreement of the parties. 16. Notices. All notice required by this Agreement, such as notice of termination, shall be sent by U.S certified mail, return receipt requested, or delivered by hand to the party at the address indicated or such other address requested by notice to the other party. A notice shall be considered given when received. -6- Coun : Pinal Municipality: Apache Junction Name, Title: Pinal County Elections Dept. Name, Title: City Clerk's Office Address: P. O. Box 1592,Florence,AZ 85132 Address: 300 E. Superstition Blvd. Notwithstanding the above, any routine communications between the parties that do not affect the rights of obligations of the parties, such as communications regarding the election(s), results, canvass, or otherwise may be sent and received via email. 17. Waiver. A waiver by either party of any of the terms, conditions and covenants to be performed by the other shall not be construed to be a waiver of any succeeding breach, nor of any other term, condition, or covenant contained in this Agreement. -7- IN WITNESS WHEREOF, the parties hereby have executed this Agreement the day and year first above written. MUNICIPALITY PINAL COUNTY BY: Printed Municipality Name Michele Forney Pinal County Elections Director BY: Name/Title PINAL COUNTY BOARD OF SUPERVISORS ATTEST: BY: BY: Clerk, Municipality Chairman Approved as to form: ATTEST: And within the powers and authority granted under the laws of this State to the District BY: BY: Clerk, Board of Supervisors Attorney, Municipality Approved as to form: BY: Deputy County Attorney -8 - City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 11. '+PizoN* File ID: 20-071 Sponsor: Robert Schroeder Agenda Date: 3/3/2020 Index: In Control: City Council Meeting Discussion on community service sign. City of Apache Junction,Arizona Page 1 Printed on 611512026 Fl�z • ~ 0 i 1 t r4� I'll d a► . '� ' 'Al AN AP loa NOW i f No r .. ^ .r . + 1,0 No • y ! . de OWN AMOUR • ,a� ,t F . .. .�iINN L &NOONONNoON t. . Ne N 4 fit Not e rlf 1 • �ji(fy( 7p NOWAllow _ kAll � � T ISO VON �" ON I ` : 'w 1 •\ - Not It ON vVf at 44 op ON • 1 a ` , : City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 12. '+PizoN* File ID: 20-030 Sponsor: Robert Schroeder Agenda Date: 3/3/2020 Index: In Control: City Council Meeting Discussion on achieving a Dark Sky Community designation from the International Dark Sky Association. City of Apache Junction,Arizona Page 1 Printed on 611512026 INTERNATIONAL DARK-SKY ASSOCIATION 3223 N First Ave-Tucson Arizona 85719 USA- +1 520-293-3198 -www.darksky.org TO PRESERVE AND PROTECT THE NIGHTTIME ENVIRONMENT AND OUR HERITAGE OF DARK SKIES THROUGH ENVIRONMENTALLY RESPONSIBLE OUTDOOR LIGHTING INTERNATIONAL DARK SKY COMMUNITIES International Dark Sky Community Program Guidelines June 2018 International Dark Sky Community Designation Guidelines TABLE OF CONTENTS DEFINITION OF AN INTERNATIONAL DARK SKY COMMUNITY ..............................3 GOALS FOR IDSC CREATION......................................................................................3 DESIGNATION BENEFITS.............................................................................................3 ELIGIBILITY....................................................................................................................4 MINIMUM REQUIREMENTS FOR ALL COMMUNITIES..............................................4 PROVISIONALSTATUS.................................................................................................8 IDSC APPLICATION PROCESS....................................................................................9 NOMINATION ..............................................................................................................9 STEPS FOR APPLICANT..............................................................................................9 TO BE INCLUDED IN IDSC APPLICATION PACKAGE ............................................... 10 IDA REVIEW PROCESS...............................................................................................10 POST-DESIGNATION REVIEW AND MAINTENANCE...............................................11 REASSESSMENT OF IDSC DESIGNATIONS.............................................................12 REINSTATEMENT FOLLQWING SUSPENSION.........................................................13 REVOCATION ............................................................................................................13 2 International Dark Sky Community Designation Guidelines DEFINITION OF AN INTERNATIONAL DARK SKY COMMUNITY An International Dark Sky Community (IDSC) is town, city, municipality or other similar political entity that has shown exceptional dedication to the preservation of the night sky through the implementation and enforcement of quality lighting policies, dark-sky education, and citizen support of the ideal of dark skies. GOALS FOR IDSC CREATION • To identify communities with exceptional commitment to and success in pursu- ing dark sky preservation and restoration, and their promotion of quality outdoor lighting • To promote improved outdoor nighttime quality of life for residents and visitors • To support protection of human health, nocturnal habitats, public enjoyment of the night sky and its heritage, and/or areas ideal for professional and amateur astronomy • To provide local, national, and international recognition for such communities • To promote the ideals of the International Dark-Sky Association (IDA) by encour- aging communities to identify dark skies as a valuable community asset and as- piration DESIGNATION BENEFITS Achieving this designation brings recognition of the efforts made by the Community government, residents, and public and private organizations to protect the night sky and the nocturnal environment dependent on it. The IDSC designation enhances awareness of dark-sky matters on the part of Community residents and visitors. Designation as an IDSC entitles the Community to display the International Dark Sky Community logo in official publications, promotions, signs at entrances or within the Community, and retain the use of this logo by other groups within the Community when identifying the area itself. IDA will promote and highlight ongoing Community ef- For instance, a Community can identify itself as "Flagstaff, the world's first IDA Dark Sky Community" or other words to the same effect, or an organization within the Community can state "located in Flag- staff, an IDA Dark Sky Community". 3 International Dark Sky Community Designation Guidelines forts to protect night skies, and will maintain pages identifying and describing all IDSCs on its website. ELIGIBILITY The Community must have some type of legal organization that is officially recognized by outside groups. This can be in the form of a town, city, municipality, or other legally organized community (such as a urban neighborhoods and subdivisions), but need not be an incorporated entity. Unincorporated or otherwise informally organized communi- ties are eligible for IDSC status if their governing jurisdictions enact public policy con- sistent with the requirements of "Minimum Requirements For All Communities" (below) that are legally binding in at least the territory of the Community. MINIMUM REQUIREMENTS FOR ALL COMMUNITIES 1) A quality comprehensive lighting policy like the IDA/IES Model Lighting Ordinance (MLO) that includes all of the following minimum standards for permanent lighting installations3,4: A) Full shielding' of all lighting fixtures over 1000 initial lamp lumens, B) A limit on the emission of short-wavelength light through one of the following restrictions: i) The correlated color temperature (CCT) of lamps must not exceed 3000 Kel- vins; OR 2 http://www.darksky.org/our-work/public-policy/mlo/ 3 More information on developing a lighting policy may be found on the IDA website. 4 Lighting required by law under the authority of any legal jurisdiction higher than that of the Community may be formally exempted from the requirements of this section. 5 "Fully shielded" is defined as a light source screened and its light directed in such a way that none is emitted above the horizontal plane passing through its lowest light-emitting part. 6"Initial lamp lumens" is defined as the number of lumens of light emitted by a lamp when new and not counting any depreciation of output due to the age of the lamp.This information can be found in manu- facturer data sheets. 4 International Dark Sky Community Designation Guidelines ii) Allowed lighting must not emit more than 25% of its total spectral power at wavelengths < 550 nanometers; OR iii)The scotopic-to-photopic (S/P) ratio of allowed lighting must not exceed 1.3 C) A restriction on the total amount of unshielded lighting, such as a limit on lu- mens per net acre or a total site lumen allowance in unshielded fixtures (or equivalent wattages) D) A policy to address over-lighting, such as lumens per net acre caps (irrespec- tive of shielding state) or maximum illuminance specifications E) Regulations of new installations of publicly-owned outdoor lighting: i) A provision that clearly indicates where, when, and under what circum- stances new publicly owned outdoor lighting, including street lighting, is warranted and will be permitted; AND ii) A provision that requires that adaptive controls' and/or curfews' be em- ployed in all futyre installations of public outdoor lighting F) Restrictions on the installation and operation of illuminated signs9: i) Luminance levells for operation between sunset and sunrise shall not exceed 100 nits (100 candelas per square meter) as measured under conditions of a full white display; AND ii) Sign illumination shall be extinguished completely one (1) hour after sunset, and remain off until one (1) hour before sunrise; AND ' "Adaptive controls" is defined as devices such as timers, motion-sensors, and light-sensitive switches used to actively regulate the emission of light from light fixtures. 8 "Curfew" is defined as a period of time at night during which lighting must be significantly dimmed in output or extinguished in accordance with an expected decrease in human presence. 9 "Illuminated sign" is defined as any informational or advertising sign that is illuminated by either internal or external means. Descriptive terms are adjusted here accordingly according to the type of illumination. 5 International Dark Sky Community Designation Guidelines iii)The luminous/illuminated surface area of an individual sign shall not exceed 200 square feet (18.6 square meters) G) Outdoor recreational and/or athletic field lighting may be exempted from the strict shielding and short-wavelength emission requirements above provided that all of the following conditions are met: i) Illuminating Engineering Society (IES) lighting guidelines (RP-6) are followed according to the appropriate class of play ii) Field lighting is provided exclusively for illumination of the surface of play and viewing stands, and not for any other applications iii) Illuminance levels must be adjustable based on the task (e.g., active play vs. field maintenance) iv)Off-site impacts of the lighting will be limited to the greatest practical extent possible v) A strict curfew requirement (e.g., lights must be extinguished by 10pm/2200h or one hour after the end of play, whichever is later) is ob- served vi)Timers must be installed to prevent lights being left on accidentally over- night by automatically extinguishing them H) Affects an amortization period, applicable to ALL publicly AND privately owned lighting, to end not more than ten (10) years from the effective date of the outdoor lighting policy, after which all non-conforming lighting extant at the time of enactment must be brought into compliance with the policy. 2) Community commitment to dark skies and quality lighting as shown by: A) City owned lighting conforming with, or committed to conforming with, the lighting policy (if the latter, a detailed plan with a timeline for completion in no more than five (5) years), AND 6 International Dark Sky Community Designation Guidelines B) Municipal support of dark skies and quality lighting as demonstrated by city publications, flyers, public service announcements, funding of lighting up- grades, etc. 3) Broad support for dark skies from a wide range of community organizations such as chambers of commerce, local electrical utilities, IDA chapters, lighting retailers, homeowners associations, and others. 4) Community commitment to dark skies and education as shown by at least one of the following: A) Planning and execution of at least two (2) community dark sky awareness events10 per year. This may be organized through a local astronomy club, municipality, school, etc, B) Inclusion of dark sky awareness documents (IDA brochures or Community- created brochures) with other Community informational documents for resi- dents and visitors. C) Inclusion of dark sky education in Community schools and curriculum. 5) Success in light pollution control as demonstrated by at least one of the following: A) Examples of a number of construction projects appropriate to the Commu- nity population 4nd amount of new construction and renovation activity, built under the lighting policy and demonstrating its effective application B) Alternative evidence of success in light pollution control, to be discussed with the International Dark Sky Places Program Manager for compliance. 6) A sky brightness measurement program must be established and maintained either by the Community or by a public or private entity (e.g., university, research center, IDA chapter, astronomy club, etc.) to follow the evolution of light pollution in the IDSC. Applicants are encouraged, but not required, to submit their measurements 10 Note that astronomy education events such as star parties do NOT qualify as "community dark sky awareness events" unless the presentation explicitly includes a message relating to dark skies and out- door lighting. 7 International Dark Sky Community Designation Guidelines to the citizen science projects such as My Sky At Night (myskyatnight.com) and Globe At Night (globeatnight.org). 7) Once established, the Community must erect and maintain appropriate signage in- dicating the International Dark Sky Community designation along a roadway en- trance, along a footpath entrance if no roadway exists, a public gathering place such as a square or common, or at a municipal government center such as a city or town hall. If approved by IDA, language as an alternative to "International Dark Sky Community" may appear on the signage and in Community communications re- garding the IDSC status. Once the sign is erected, a photograph documenting it must be taken and sent to IDA along with a description of its location. PROVISIONAL STATUS In some cases, a Community interested in the program may lack all of the resources required to achieve a designation outright. If resource unavailability otherwise hinders the progress of a Community's application, that Community may apply for and be granted Provisional status at the discretion of the IDA Board of Directors. Provisional status recognizes the Community's ongoing work to become an International Dark Sky Community and is intended as a leverage point to successfully enable actions such as lighting upgrades/retrofits. Provisional status expires after three (3) years. At any time before the end of this peri- od, a Community may reapply for full status. Material submitted for the removal of Pro- visional status may be an addendum to the initial application as long as the material includes a current assessment of the goals, outreach efforts, and lighting policy listed in the original application and clearly demonstrates that any program requirements left unmet at receipt of the Provisional status have been satisfied. To be considered for a Provisional status, send a nomination package to IDA that in- cludes all of the following information: 1) Documented intent to create and support an IDA Dark Sky Community 2) An enacted and legally effective outdoor lighting policy, and summary of out- reach efforts to date 3) A description of the circumstances that currently prevent the Community from meeting the minimum Dark Sky Community requirements 4) An action plan describing steps the aspiring Community will take to meet all program requirements in the specified Provisional status period 8 International Dark Sky Community Designation Guidelines IDSC APPLICATION PROCESS NOMINATION The nomination may be initiated by an IDA qualified nominator" who has personally reviewed a Community's outdoor lighting and commitment to night sky preservation. Nominators are encouraged to correspond with IDA staff and the Community through- out this process. In addition, the application must include evidence, such as in the form of a letter of support, from the Community government (mayor, council, etc.) consent- ing to the nomination for IDSC status. STEPS FOR APPLICANT 1. Make initial contact with IDA by phone or email to discuss the process and re- ceive recommendations, followed by continued communications to update IDA staff on progress and receive continued assistance. 2. Designate a formal point of contact (POC) person, such as a project manager, and provide their telephone number, address and email address to IDA staff. Before and after designation, any changes to this POC, or their information, must be communicated to IDA immediately in order to ensure accurate commu- nication at all times. 3. Obtain a letter of nomination from a qualified IDA member nominator, as well as a supporting letter from elected representatives of the Community, such as the mayor and/or council of a municipality. Solicit additional letters of support from Community organizations, clubs, groups, universities, etc. 4. Upon completion, sends the application to IDA staff for review of the document at least one month before the chosen submission deadline date. IDA staff will confirms that the application is complete and ready for submission or return it with suggestions for improvements. 5. Submit the final application packet electronically in PDF and/or Microsoft Word (.doc) format to IDA staff for formal review. Submit in plenty of time for IDA staff " An "IDA qualified nominator" is defined here as an individual or organization holding an IDA member- ship in good standing at the time that the IDSC application is submitted.The Community itself may join IDA as an organizational member and self-nominate. 9 International Dark Sky Community Designation Guidelines to review and prepare your application to make the bi-monthly deadline that you prefer, as found on the IDA website. Requests to rush applications will NOT be honored; planning ahead is essential if the Community wishes to meet a specific deadline. TO BE INCLUDED IN IDSC APPLICATION PACKAGE 1. Map of the Community clearly indicating its legal boundaries, and basic factual information about the Community 2. Letter of nomination support by IDA qualified nominator and elected representa- tives of the Community such as the mayor and/or council 3. The Community's lighting policy, meeting the minimum requirements as stated in the "Minimum Requirements For All Communities" section 4. Documentation of examples of Community commitment and construc- tion/renovation proJects demonstrating effective application of the lighting policy 5. Proposed alternative wording for a IDSC (e.g. Dark Sky Village, Starry Sky City, etc.), if desired, with a justification for the request IDA REVIEW PROCESS Six (6) application submission deadlines occur in each calendar year, commencing in January and continuing every other month. Before the Community's final application is submitted, it is highly recommended that the Community be in regular communication with the International Dark Sky Places Program Manager to perfect the application by the next application deadline. The International Dark Sky Places Manager will forward applications to the IDA Dark Sky Places Committee (DSPC) for review. DSPC review lags the submission dates by one two-month cycle. The total elapsed time between deadline and final IDSC designa- tion approval is approximately ten (10) weeks. Endorsement of applications by the DSPC is by a 2/3 supermajority vote; otherwise, the DSPC will return applications with reasons for denial of an endorsement and spe- cific recommendations for improvement. If endorsed, the applicants will be notified and the International Dark Sky Places Program Manager will present the application to the IDA Board of Directors (BOP) for final review and approval. A ten (10)-calendar-day 10 International Dark Sky Community Designation Guidelines waiting period then commences during which the Board of Directors has the right to deny IDSC status should it determine that any problems with the application exist. If the BOD registers no objection within the ten-calendar-day waiting period, the IDSC designation is considered immediately awarded by IDA. The Community has the right to choose when the designation is made public, but it must organize the announce- ment to be made at the same time as the IDA public notice unless otherwise agreed by both parties. Along with the announcement notice, IDA will publish the Community's application on its website; by submitting the application, the Community acknowledges in advance that the application will be made publicly available. If an application is de- nied final approval by the IDA BOD, a letter will be sent to the applicant outlining ele- ments of the application that need improvement along with specific recommendations for ways to remedy any problems the BOD identifies. Applications may be resubmitted for future consideration after remediation is complete. Resubmitted applications will be considered without prejudice. IDA realizes that certain circumstances surrounding an IDSC application may cause some potential authors of letters of support (or opposition) to feel uneasy about public- ly declaring their opinions about the IDA designation. In the interest of providing the DSPC with as full a picture of Community sentiment about applications as possible, certain letters may be suppressed from online publication if it is felt that making the let- ters publicly available will subject their authors to retaliation or harassment. A prospec- tive IDSC seeking this protection for letter-writers must make a formal written request. The International Dark Sky Places Program Manager must approve suppression of publication of any part of an application. Note that suppression of online publication does not prevent either the DSPC or the IDA BOD from reading all submitted letters. POST-DESIGNATION REVIEW AND MAINTENANCE The IDSC designation is not awarded in perpetuity. Rather, it is subject to regular review by IDA and possible revocation if the minimum program requirements are not maintained. More details may be found in the "Reassessment of IDSC designation" section below. To ensure that Communities remain exemplary in their protection and restoration of natural nighttime darkness, IDA will periodically reevaluate each site in the International Dark Sky Places Program. This is done to confirm that the Community continues to meet the minimum requirements and is making adequate progress toward LMP com- pliance goals outlined in this document. 11 International Dark Sky Community Designation Guidelines Each designated IDSC must submit to IDA a written report of its activities related to the maintenance of its designation on or before 1 October of each calendar year. The re- port is a short (typically less than ten-page) synopsis of the Community's activities and initiatives during the intervening year 12. The report should include dates and brief de- scriptions of any interpretive events, lighting retrofit projects, outreach efforts, etc. Samples of printed materials and press articles should also be included, if available. Annual reports should not be burdensome to produce, as they are intended as a com- pilation of information accumulated throughout the year. Annual reports and supporting documentation must be submitted electronically to the International Dark Sky Places Program Manager in either PDF or Microsoft Word format. If the annual report is not received by IDA in a timely fashion, IDA may suspend the site's IDSC status until the annual reporting requirement has been met (see the following section). On or about 1 August and 1 September of each year, the International Dark Sky Places Program Manager will remind local contacts at each IDSC of the pending 1 October annual re- port submission deadline. A designated IDSC is exempt from the annual reporting requirement in the calendar year in which the IDA designation was awarded. If the designation is received after 1 October of a given calendar year, the IDSC's first annual report to IDA will be due on 1 October of the following calendar year. REASSESSMENT OF IDSC DESIGNATIONS From time to time, IDA recgives comments from visitors to Communities that raise concerns about the veracity and timeliness of information provided to IDA by site ad- ministrators. IDA may, at its discretion, investigate claims in which it is alleged that IDSCs are not adhering to commitments made to IDA and to the public in their applica- tions to the Program. This section details the IDA procedure for carrying out such in- vestigations, and the rights.of IDSCs in such matters. An allegation of impropriety concerning any of the elements of participation in the Pro- gram outlined in this document is subject to IDA investigation and potential remedial action including temporary suspension and/or permanent revocation of the IDSC des- ignation. IDA staff shall perform due diligence in gathering facts concerning such alle- gations it deems credible, and will prepare a report of its findings for consideration by the DSPC. The DSPC commits to weighing the evidence fairly and impartially, and to iz Examples of acceptable annual reports are available on the individual IDSC pages on the IDA website. 12 International Dark Sky Community Designation Guidelines seek to resolve disputes whenever possible through dialog. A Community subject to an investigation shall be notified in a timely manner and solicited for evidence contrary to the specifics of the allegation at hand. The Community will be given an opportunity to correct any deficiencies with regard to the Program guidelines established by the IDA investigation within a reasonable time period to be prescribed by the DSPC. Failure to achieve consensus through these means risks a DSPC recommendation for suspension or revocation of the IDSC designation. If made, such a recommendation will be forwarded to the IDA Board of Directors for formal ratification before coming in- to force. The Board's decision on any disciplinary matters involving an IDSC shall be considered definitive and binding. Any IDSC so investigated has the right to review the allegations against it and all factu- al information collected by IDA pertinent to the allegations. REINSTATEMENT FOLLOWING SUSPENSION If the DSPC recommends a suspension of a Community's IDSC designation and the Board ratifies the suspension, the Community administration shall be immediately noti- fied. The status of a suspended IDSC shall be changed to "Provisional" in all IDA communications until the designation is reinstated or revoked; however, the process of obtaining reinstatement of a designation is not the same as that outlined in the "Provi- sional Status" section of these guidelines. To obtain reinstatement of a suspended designation, the IDSC must provide evidence to the DSPC's satisfaction that the specific issues identified by the DSPC as grounds for the suspension have been corrected and that all Program guidelines are once again met. The DSPC will considOr the evidence presented by the IDSC and render a judg- ment to either: • Accept the reinstatement petition, OR • Reject the petition and recommend revocation, OR • Return the petition with further instructions and a defined deadline for a IDSC re- sponse. REVOCATION A suspension left unresolved after one (1) year from the date of the Board's assent to the suspension automatically becomes a permanent revocation. Revocation entails removal of the IDSC from IDA's roll of approved International Dark Sky Places, and from mention on the IDA website and in member and external communications. IDA reserves the right to take legal action against any former IDSC whose designation is duly revoked but continues to use the IDA name/logo in advertising, communications, 13 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 13. Piz File ID: 20-091 Sponsor: Bryant Powell Agenda Date: 3/3/2020 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, March 16, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, March 17, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. City of Apache Junction,Arizona Page 1 Printed on 611512026