REGULAR MEETING AGENDA October 18, :00 PM

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1 PLEASE FILL OUT A REQUEST TO SPEAK FORM IF YOU WISH TO ADDRESS THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING ITEM. APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION, ARIZONA REGULAR MEETING AGENDA October 18, :00 PM 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 items 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. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of October 4, Consideration of approval of the purchase and award of fleet vehicles for the Police Department through State contract #ADOT Staff requests authorization to move forward with the purchase of vehicles for the Police Department through State contract #ADOT The vehicles would consist of four Ford F-150 pickups, two Ford Escapes, one Ford Fusion and one Ford Taurus. The total cost of all the vehicles would be $187, 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. 4. PROCLAMATION DESIGNATING THE WEEK OF OCTOBER 23 - OCTOBER 31, 2011 AS "RED RIBBON WEEK". Proclamation designating the week of October 23 - October 31, 2011 as "Red Ribbon Week" in recognition of the nationwide drug prevention campaign. 5. PRESENTATION BY AND DISCUSSION WITH PINAL COUNTY SUPERVISOR BRYAN MARTYN ON QUARTERLY UPDATE. F. ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. G. CITY MANAGER S REPORT. The City Manager, members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City. There shall however be no discussion at this time except for clarification inquiries.

2 6. MANAGER'S REPORT. 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. 7. APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE 2349 LOCATED AT 2455 N. HIGHWAY 88. The Elks Lodge is requesting a temporary extension of premises for November 5, The public hearing is the next step in the application process. The council shall give a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. 8. PROPOSED ORDINANCE NO. 1377, ADDING TO ARTICLE 4-1: PARKS AND RECREATION FEE SCHEDULE, SECTION 4-1-1(A) FACILITY AND EQUIPMENT RENTAL FEES, A NEW FEE ENTITLED "ELECTRONIC MESSAGING BOARD FEE" (WITH EMERGENCY CLAUSE). With the introduction of the new medium of a City electronic messaging board that will be available for use to announce city or local non-profit sponsored/co-sponsored community-wide events that are open and accessible to the public, a new fee for the sign's use will need to be added to the Apache Junction City Code, Chapter 4. The fee established is based on the administrative costs relating to the application processing, message programming, creation, design and duration. The user fee range for these services is $ $ that is based on the length of time the message is requested to be displayed and the animation complexity of the digital message to be displayed. 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. None. 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. 9. ANNUAL BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS; APPOINTMENTS TO FILL EXISTING VACANICES. Council interviewed applicants for positions on the Construction Code Board of Appeals, Health and Human Services Commission, Industrial Development Authority, and Municipal Property Corporation at the October 17 Work Session. This item gives council the opportunity to fill these positions this evening. Council did not fill one position on the Board of Adjustment at the October 4 Council Meeting. Council may wish to fill that position this evening. There is an additional vacancy on the Parks and Recreation Commission. Council may wish to fill that position this evening. K. COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters. None. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 10. EXECUTIVE SESSION AT 5:45 P.M. AND WORK SESSION AT 7:00 P.M. FOR MONDAY, OCTOBER 31, EXECUTIVE SESSION AT 5:45 P.M. FOR TUESDAY, NOVEMBER 1, OTHER MEETINGS IF NECESSARY. M. CALL TO PUBLIC. At this time the public has the privilege to address the Council with requests, communications, comments or suggestions relating to City business that are not listed on the agenda. All speakers must have already submitted a written Request to Speak form to the City Clerk no later than the conclusion of the City Manager s Report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson. All such remarks shall be addressed to the Council as a whole and not to any member thereof. The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or

3 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 regarding any of the items listed above may be obtained from the City Clerk s office: 300 East Superstition Boulevard, Apache Junction, AZ Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding holidays If any person with a disability needs any type of accommodation, please notify the Human Resources Office, at (480) or (480) (TDD) at least 72 hours prior to the scheduled time.

4 Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 18, 2011 Agenda Type : Council Priority Focus Area: Regular Agenda Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: Acceptance of Agenda. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available

5 Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 18, 2011 Agenda Type : Council Priority Focus Area: Regular Agenda Required by Federal Law or State Statute TITLE OF AGENDA ITEM: Approval of Minutes of Regular Meeting of October 4, ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available

6 Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: October 18, 2011 Agenda Type : Council Priority Focus Area: Regular Agenda Public Safety TITLE OF AGENDA ITEM: Consideration of approval of the purchase and award of fleet vehicles for the Police Department through State contract #ADOT ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Staff requests authorization to move forward with the purchase of vehicles for the Police Department through State contract #ADOT The vehicles would consist of four Ford F-150 pickups, two Ford Escapes, one Ford Fusion and one Ford Taurus. The total cost of all the vehicles would be $187, FISCAL IMPACT: Budgeted Expenditure OPTIONS / ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download Memo to Council

7 Public Works Department City of Apache Junction Home of the Superstition Mountains Date: October 5, 2011 To: Through From: Subject: Mayor and Members of City Council George Hoffman, City Manager Giao Pham, Interim Public Works Director Shane Kiesow, Public Works Manager Fleet Vehicle Procurement With the adoption of the Fiscal Year City operating budget, the following replacement vehicles were identified and budgeted for the Police Department: - Four Ford F-150s for the Patrol Division - Two Ford Escapes for the Detective Division - One Ford Fusion for the Detective Division - One Ford Taurus for the Detective Division The Ford Taurus and one Escape are requested to be purchased and funded through existing RICO monies. Cost of vehicles in respect to funding source would come to: - $141, to General Fund - $46, to RICO On October 3 rd this request was discussed before City Council in work session. Staff asks City Council to give consideration for approval to purchase. The recommended purchase would be through the cooperative State Contract #ADOT E. Baseline Avenue, Apache Junction, AZ Voice (480) FAX (480) or (480)

8 Print TO: City Manager's Office FROM: Jerald L. Monahan, Chief of Police DATE: October 18, 2011 Agenda Type : Council Priority Focus Area: Regular Agenda TITLE OF AGENDA ITEM: PROCLAMATION DESIGNATING THE WEEK OF OCTOBER 23 - OCTOBER 31, 2011 AS "RED RIBBON WEEK". ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: Proclamation designating the week of October 23 - October 31, 2011 as "Red Ribbon Week" in recognition of the nationwide drug prevention campaign. FISCAL IMPACT: OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download Red Ribbon Week Proclamation

9 Proclamation RED RIBBON WEEK OCTOBER 23 RD OCTOBER 31 ST, 2011 WHEREAS, cities across America have been plagued by the numerous problems associated with alcohol, tobacco, and other drug use; and WHEREAS, there is hope in winning the War on Drugs, and the hope lies in the hard work and determination of our communities to create a drug free environment; and WHEREAS, local leaders, in government and in the community, know that the support of the people in the neighborhoods is the most effective tool they can have in their efforts to reduce use of alcohol, tobacco, and other drugs by Arizonians; and WHEREAS, success will not occur overnight, our patience and continued commitment to drug education and prevention are imperative; and WHEREAS, the red ribbon was chosen as a symbol commemorating the work of Enrique Kiki Camarena, a Drug Enforcement Administration agent, who was murdered in the line of duty and has come to represent the belief that one person CAN make a difference; and WHEREAS, the Red Ribbon Campaign was established by Congress in 1988 to promote this belief and encourage a drug-free lifestyle and involvement in drug prevention efforts; and; WHEREAS, October 23-31, 2011, has been designated National Red Ribbon Week calling on all Americans to show their support for a drug-free state by wearing a red ribbon and participating in drug-free activities during that week: NOW, THEREFORE I, John Insalaco, Mayor of Apache Junction, do hereby proclaim October 23 rd 31 st, 2011, as RED RIBBON WEEK in Apache Junction, Arizona and encourage all citizens, businesses, public and private agencies, media, religious and educational institutions to wear and display red ribbons and participate in drug-free activities throughout that week, joining the rest of the state in promoting the Red Ribbon Celebration and a drug-free America. Signed and attested to this day of, JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk

10 Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: October 18, 2011 Agenda Type : Council Priority Focus Area: Regular Agenda TITLE OF AGENDA ITEM: PRESENTATION BY AND DISCUSSION WITH PINAL COUNTY SUPERVISOR BRYAN MARTYN ON QUARTERLY UPDATE. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available

11 Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: October 18, 2011 Agenda Type : Council Priority Focus Area: Regular Agenda TITLE OF AGENDA ITEM: MANAGER'S REPORT. ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available

12 Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 18, 2011 Agenda Type : Council Priority Focus Area: Regular Agenda Required by Federal Law or State Statute TITLE OF AGENDA ITEM: APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE 2349 LOCATED AT 2455 N. HIGHWAY 88. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: The Elks Lodge is requesting a temporary extension of premises for November 5, The public hearing is the next step in the application process. The council shall give a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. FISCAL IMPACT: OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download cover memo application applicant letter department memo planning recommendation pd recommendation fire district recommendation

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20 Apache Junction Fire District 565 North Idaho Road, Apache Junction, AZ Phone (480) , Fax (480) MEMORANDUM TO: FROM: Kathleen Connelly, City Clerk City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ Dave Montgomery, Deputy Chief / Fire Marshal DATE: September 28, 2011 SUBJECT: Application For Temporary Extension of Premises for Elks Lodge #2349 The Apache Junction Fire District has reviewed the submitted documentation for 2455 N. Apache Trail as related to event to be held on November 5, We would recommend approval of this application based, as always, on good practices for the general safety of all patrons and employees. Applicant shall ensure that all local fire and life safety codes and ordinances are adhered to for the duration of the event. Thank you for your notification on this matter. dpm ATTN: Application

21 Print TO: City Manager's Office FROM: Janine Solley, Business Advocate DATE: October 18, 2011 Agenda Type : Council Priority Focus Area: Regular Agenda Community Development TITLE OF AGENDA ITEM: PROPOSED ORDINANCE NO. 1377, ADDING TO ARTICLE 4-1: PARKS AND RECREATION FEE SCHEDULE, SECTION 4-1-1(A) FACILITY AND EQUIPMENT RENTAL FEES, A NEW FEE ENTITLED "ELECTRONIC MESSAGING BOARD FEE" (WITH EMERGENCY CLAUSE). ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: With the introduction of the new medium of a City electronic messaging board that will be available for use to announce city or local non-profit sponsored/co-sponsored community-wide events that are open and accessible to the public, a new fee for the sign's use will need to be added to the Apache Junction City Code, Chapter 4. The fee established is based on the administrative costs relating to the application processing, message programming, creation, design and duration. The user fee range for these services is $ $ that is based on the length of time the message is requested to be displayed and the animation complexity of the digital message to be displayed. FISCAL IMPACT: OPTIONS / ALTERNATIVES: City Code Requirement RECOMMENDATION: Staff recommends approval of Ordinance No ATTACHMENTS: Click to download Ordinance No. 1377

22 ORDINANCE NO AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 4, FEES, BY ADDING TO ARTICLE 4-1: PARKS AND RECREATION FEE SCHEDULE, SECTION 4-1-1(A) FACILITY AND EQUIPMENT RENTAL FEES, A NEW FEE ENTITLED ELECTRONIC MESSAGING BOARD FEE ; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY. WHEREAS, Arizona Revised Statues Annotated ( A.R.S. ) 9-240(B)(1), (3) and 9-276(A)(1) allows cities to regulate public places, and charge fees for using public areas; and WHEREAS, the City will be offering advertising space on a publicly owned electronic sign for City and local non-profit sponsored/co-sponsored community-wide events that are open and accessible to the general public; and WHEREAS, the City has established an administrative policy regarding allowed uses of the City s electronic message board; and WHEREAS, the City is desirous of establishing a fee structure for the administrative costs relating to the application processing, message programming, creation, design and duration. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL Apache Junction City Code Chapter 4, FEES, Article 4-1: Parks and Recreation Fee Schedule, Section 4-1-1(A), Facilities and Equipment Rental Fees, is amended to include the following fee: Description User Fee Electronic Messaging Board Fee $ $500.00* *Based on length of time the message will be displayed and the animation complexity of the digital message to be displayed. SECTION II REPEALING ANY CONFLICTING PROVISIONS All other ordinances and parts of ordinances in conflict with the provisions of this ordinance or in conflict with any part of the code adopted herein by reference are also hereby repealed. ORDINANCE NO PAGE 1 OF 2

23 SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV DECLARING AN EMERGENCY It being necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, that this ordinance become effective immediately, an emergency is declared to exist and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF, 20. SIGNED AND ATTESTED TO THIS DAY OF, 20. ATTEST: JOHN S. INSALACO Mayor KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO PAGE 2 OF 2

24 Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: October 18, 2011 Agenda Type : Council Priority Focus Area: Regular Agenda TITLE OF AGENDA ITEM: ANNUAL BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS; APPOINTMENTS TO FILL EXISTING VACANICES. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Council interviewed applicants for positions on the Construction Code Board of Appeals, Health and Human Services Commission, Industrial Development Authority, and Municipal Property Corporation at the October 17 Work Session. This item gives council the opportunity to fill these positions this evening. Council did not fill one position on the Board of Adjustment at the October 4 Council Meeting. Council may wish to fill that position this evening. There is an additional vacancy on the Parks and Recreation Commission. Council may wish to fill that position this evening. FISCAL IMPACT: OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download cover memo

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26 Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: October 18, 2011 Agenda Type : Council Priority Focus Area: Regular Agenda TITLE OF AGENDA ITEM: EXECUTIVE SESSION AT 5:45 P.M. AND WORK SESSION AT 7:00 P.M. FOR MONDAY, OCTOBER 31, ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available

27 Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: October 18, 2011 Agenda Type : Council Priority Focus Area: Regular Agenda TITLE OF AGENDA ITEM: EXECUTIVE SESSION AT 5:45 P.M. FOR TUESDAY, NOVEMBER 1, OTHER MEETINGS IF NECESSARY. ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS / ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available