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HomeMy WebLinkAbout2011 03.15 City Council Regular Agenda PLEASE FILL OUT A"RE :ST TO SPEAK"FORM IF YOU WISH TO ADDF, y THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING ITEM 00,CHe JG2 • 2a, Go of Apache Junction z Home of the Super:+•tition Mountains APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA March 15, 2011 7:00 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 March 1,2011. 3. Consideration of approval of amendment to the existing agreement between the City of Apache Junction and Arizona Department of Commerce(Contract Number R016-10-01). Staff respectfully requests council approval to extend the current agreement between the City of Apache Junction and Arizona Department of Commerce(ADOC)by six months. Extension will allow city to use the balance of grant monies awarded in late 2009 for energy efficiency and conservation improvement projects to city facilities 4. Consideration of award of contract to Frye Construction,Inc.for the purchase and installation of above-ground fuel tanks in an amount not to exceed$201,047.67. Staff respectfully requests council approval to enter into an agreement with Frye Construction, Inc.for the purchase and installation of above-ground fuel tanks in the amount of$182,770.61 with a 10%contingency fee of$18,277 06 for a total not to exceed amount of $201,047.67. A portion of this project will be funded by a Department of Energy grant received by the city in the amount of$75,000 00 5. Consideration of Resolution No. 11-07: declaring and adopting the results of the March 8,2011 Primary Election and Recall Election. Resolution No. 11-07 serves as the"canvass of votes"for the city primary election and recall election on March 8,2011 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. None. 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 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. An application for a temporary extension of premises has been submitted by Elks Lodge#2349 for a car show on April 2,2011 at 2• N Apache Trail The next step in the procedure 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 8. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE An application for a special event liquor license has been submitted by Community Alliance Against Family Abuse for a fundraiser on March 26, 2011,at 3301 S Goldfield Road The next step in the procedure is for 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 9. PROPOSED RESOLUTION NO. 11-01,DECLARING THAT A PORTION OF A PUBLIC ROADWAY EASEMENT LOCATED ON THIRD AVENUE BETWEEN SOLANA ROAD AND STARR ROAD AS SET FORTH IN EXTINGUISHMENT CASE EX 11-01 IS NO LONGER NECESSARY FOR PUBLIC USE. An extinguishment of a roadway easement on Third Avenue between Solana Road and Starr Road has been requested by the adjacent property owners who desire use of these areas Staff has reviewed the submittal and has no technical objections since the use of the federally patented easement is not feasible or needed Resolution No 11-01 extinguishes the above-noted easement for public roadway and right-of-way purposes �• 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 None 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,APRIL 4,2011. 11. EXECUTIVE SESSION AT 5:45 P.M.FOR TUESDAY,APRIL 5,2011.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 Ci anager's Report portion of the agenda If there is oup 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 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)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time ,r► CITY COUNCIL REGULAR MEETING MARCH 1, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on March 1, 2011, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Eck Councilmember Serdy Councilmember Wilson Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Others Present : Program Coordinator Heather Patel Business Advocate Janine Solley REGULAR MEETING OF THE CITY COUNCIL MARCH 1, 2011 PAGE 1 OF 9 ACCEPTANCE OF CONSENT AGENDA Councilmember Coleman MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE AWARD OF BID FOR PW 2010-07, WINCHESTER ROAD IMPROVEMENTS, BE AWARDED TO NESBITT CONTRACTING CO. IN THE AMOUNT OF $910, 496. 97 PLUS 10% FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $91, 049. 65 FOR A TOTAL AMOUNT OF $1, 001, 546. 12; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY; AND THAT RESOLUTION NO. 11-02, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE DESIGN, CONSTRUCTION AND MAINTENANCE OF A LANDFORM GRAPHIC ON U. S. 60 AT IDAHO ROAD, BE APPROVED; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE INTERGOVERNMENTAL AGREEMENT; AND THAT THE PROFESSIONAL SERVICES AGREEMENT BETWEEN SOUTHWEST SLURRY SEAL AND THE CITY OF APACHE JUNCTION FOR STREET MAINTENANCE SLURRY SEALING OF SELECT CITY STREETS IN THE AMOUNT OF $273, 118 . 00 PLUS 10% CONTINGENCY IN THE AMOUNT OF $27, 311 . 80 FOR A TOTAL AMOUNT NOT TO EXCEED $300, 429. 80 BE APPROVED; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Coleman commented the weekend before last we had one of the key events of the city, the Lost Dutchman Marathon. A great job was done by city staff, the volunteers and the marathon committee. The weather was lovely. Everything worked like clockwork. It is obvious that the organizers are runners themselves because even the littlest details were taken care of for the runners comfort and convenience, things that are not REGULAR MEETING OF THE CITY COUNCIL MARCH 1, 2011 PAGE 2 OF 9 Agftk present in other marathons . It was such a neat experience to be at the starting line and have the forty little fires set. People were there from all over. He warmed up with a professor from the University of Fairbanks in Alaska. He was here to run. It was a great experience. He hopes they can continue the city sponsorship into the future. This was the tenth annual marathon. It was very well organized. He was glad the mayor did not injure anyone when he shot the starter' s gun to begin Aft. the races. Mayor Insalaco commented he was told to keep it away from his ear and he made sure he did. Councilmember Eck commented he has been on the council for 14 years and has never been an applicant in the Lost Dutchman Days Parade before. He complimented the chamber and all the volunteers for making it so successful . He will go in the parade anytime now. He thought it would be gloom and doom and take forever. It was very organized with many out-of-town applicants . He thinks they will definitely come back. He was very impressed. Councilmember Barker commented she had the pleasure of going to the state legislature last Thursday with the city manager and Matt Busby. They met with Representative Pratt; the other representatives could not be there. There were a multitude of cities from this area that were represented. There was a lot of concern over a variety of house and senate bills . One dealing with development fees has passed the senate and is going on to the house. Senator Smith stated it may be amended in the house, which would be a good thing. The revenue sharing bill appears to be asleep now and they hope it stays asleep. She will not call it dead because it could come back to haunt them at any time. The uniform local sales tax also appears to be asleep; they are hoping no one wakes it up either. It was really nice to be able to hear the concerns of other cities that mirror ours and it was nice to be able to present those to Representative Pratt. It was gratifying to hear his response to the cities . He was very responsive, understood how the cities feel about some of these bills and how these bills would impact the cities . Councilmember Barker stated she attended a Maricopa Association of Governments meeting last Wednesday. They are all concerned REGULAR MEETING OF THE CITY COUNCIL MARCH 1, 2011 PAGE 3 OF 9 about PM-10 . It seems that Maricopa Association of Governments and the Environmental Protection Agency are working together now to come up with a better way of handling the monitoring so that, perhaps, the area will not end up having to do some paybacks before this is all over with. They seem to have a fairly good thing going together right now. We hope that they continue because it could impact us pretty heavily if there are some kinds of demands made. Councilmember Wilson commented he talked to a lot of people at the Arizona Horse Council booth at Lost Dutchman Days last weekend. It was very rewarding in the number of people he talked to that were not from Apache Junction. They were from other areas, including other states, and they were not just winter visitors . They were in the valley for a week and heard about it and came out specifically for the event. Unfortunately we had snow and rain on Sunday, but the event was very well attended with a very good turnout on Friday and Saturday. He complimented the city staff responsible in helping to put this together, including the police, public works, and parks and recreation. He appreciated all the work they did that weekend, including the parade. Councilmember Serdy commented he announced a couple of months ago that the Focal Point and Tourism Committee was going to try to have a market in the center of town. Things have not fallen into place yet . There are still some obstacles . They will continue to work on those. Hopefully when it cools down next fall they will have everything sorted out and they can get on with it . Mayor Insalaco commented he was standing out there since 6: 30 a.m. the morning of the marathon. The people that were there were from all over. He talked to someone from New Zealand and someone from Flagstaff. Others came from New York and Illinois. They said this has been the best marathon that has been done out west. Mayor Insalaco announced he taught a social studies class at the high school this afternoon. The teacher had them prepare questions the day before. He answered all their questions . He commented that students do know what is going on in government. One girl thought she had a stupid question and he told her there REGULAR MEETING OF THE CITY COUNCIL MARCH 1, 2011 PAGE 4 OF 9 is no such thing. There was not one stupid question asked. They know what is going on in the city and the world. It was a nice thing to see. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. __ CITY MANAGER' S REPORT City Manager George Hoffman commented on the article in the paper showing the mayor with the starting gun at the marathon, ten percent of the top ten local runners are in attendance at the meeting tonight, the registrants in the race, 60 years of business in Pinal County for Arnold' s Automotive, read a letter from Charles and Rita Zang regarding a neighborhood meeting at Apache Villa, commented on a news article regarding debt per capita for local municipalities and the remaining Apache Junction debt, the development fee bill currently being looked at in the legislature, and the poll results on voters trusting local elected officials with taxpayer dollars . PUBLIC HEARINGS PUBLIC HEARING, SELECTION AND DIRECTION TO STAFF REGARDING SUBMITTAL OF APPLICATIONS FOR FISCAL YEAR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT AND FISCAL YEARS 2010/2011 STATE SPECIAL PROJECTS GRANTS ) ^. ) Program Coordinator Heather Patel briefed the council on the item. Mayor Insalaco opened the public hearing on the item. Mr. Tim Foley, 105 N. 97th Street, Mesa, addressed the council . He spoke in support of the bike lanes and road improvements . Ms . Christa Rizzi, 1755 S. Sombrero, Apache Junction, addressed the council . She stated REGULAR MEETING OF THE CITY COUNCIL MARCH 1, 2011 PAGE 5 OF 9 �. Adak she is concerned with the lighting in the area between Idaho and San Marcos . The sidewalk is only on one side. The school district has to enforce the one mile rule and children of very young ages have to walk to school now. She is sure there are many areas throughout the community that could use additional lighting. It is a safety concern. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened .•. the item to council discussion. Councilmember Serdy stated he liked all the projects and they need to do as many as they can as quickly as they can before there is no more money. He does not know how long the money will be there the way the economy is heading. Frequently they get accused of spending frivolously. He suggested that whenever they do these projects a placard of some type should be put up to show that it was done with grant money. Not everyone watches these meetings . They will be able to see that it is grant money and where it is coming from. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING THE SELECTION AND SUBMITTAL OF APPLICATIONS FOR FISCAL YEAR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT AND FISCAL YEARS 2010/2011 STATE SPECIAL PROJECT GRANTS : THAT THE CDBG FUNDING BE USED TO INSTALL SIDEWALKS ALONG OLD WEST HIGHWAY AND THE SSP BE USED TO COMPLETE THE IMPROVEMENTS ON NORTH APACHE TRAIL. p Councilmember Coleman SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Barker commented Christa' s comment regarding lighting was very timely. It is something they maybe should look into. We have a lot of areas and we normally do lighting districts . That might involve REGULAR MEETING OF THE CITY COUNCIL MARCH 1, 2011 PAGE 6 OF 9 a little bit different situation than the grants they are doing right now. Vice Mayor Dietz commented about 4 or 5 years ago we used a grant on lighting. It was south of Broadway on a couple of streets over that way. Program Coordinator Heather .•. Patel stated that project was State Special Projects funded. Vice Mayor Dietz commented it is something to look at . Program Coordinator Heather Patel stated she will be coming back in April and May to propose the resolutions that are necessary to submit with these applications . They will hopefully be able to provide notification in December and move on with the project. OLD BUSINESS None. NEW BUSINESS None . COUNCIL DIRECTION TO STAFF None. .•. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, MARCH 14, 2011, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. BE HELD ON TUESDAY, MARCH 15, 2011, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL MARCH 1, 2011 PAGE 7 OF 9 Oak Adikk VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: None. ADJOURNMENT ) �+.. Mayor Insalaco adjourned the meeting at 7 : 41 p.m. Consent Agenda Items are as follows: 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of February 15, 2011 . 3. Consideration of award of contract to Nesbitt Contracting Co. , Inc. for the Winchester Road Improvements, PW 2010-07, in an amount not to exceed $1, 001, 546. 12 . 4 . Consideration of Resolution No. 11-02, authorizing the city to enter into an intergovernmental agreement with Arizona Department of Transportation (ADOT) for the construction of landform rock art graphic at Idaho Road and US 60 traffic interchange. 5. Consideration of an agreement with Southwest Slurry Seal for the street maintenance slurry sealing of select city streets in an amount not to exceed $300, 429. 80 . ACCEPTED THIS 15TH DAY OF MARCH, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF MARCH, 2011. JOHN S. INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL MARCH 1, 2011 PAGE 8 OF 9 ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 1st day of March, 2011 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 2nd day of March, 2011 . 444111274:6e.,-(; KATHLEEN CONNELLY Or- City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 1, 2011 PAGE 9 OF 9 P.CH .r � � rg Czy Junction ty , z Home of•the Su er:'/tion Mountains tiz.tst• TO: City Manager's Office FROM• Shane Kiesow, Public Works Manager „Aft, DATE: March 15, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM' Consideration of approval of amendment to the existing agreement between the City of Apache Junction and Arizona Department of Commerce (Contract Number R016-10-01) ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION• Staff respectfully requests council approval to extend the current agreement between the City of Apache Junction and Arizona Department of Commerce (ADOC) by six months. Extension will allow city to use the balance of grant monies awarded in late 2009 for energy efficiency and conservation improvement projects to city facilities. FISCAL IMPACT: Budgetary Approval Not Required As. OPTIONS /ALTERNATIVES: RECOMMENDATION: Approval ATTACHMENTS: Click to download ADOC Amendment Memo to Council RS ADOC Agreement Consent AlIli pch Public Works Department z City of Apache 44ZON Junction Home of the Superstition Mountains Date. March 3, 2011 To Honorable Mayor and Members of the City Council Through George Hoffman, City Manager Giao Pham, Interim Public Works Director From. Shane Kiesow, Public Works Manager Subject Amendment to Agreement with Anzona Department of Commerce This item has been planned for a quick turnaround for a March 14th discussion and March 15th regular session consent due to the current contract term ending March 2, 2011. In late 2009 the City of Apache Junction was awarded an EECBG grant totaling approximately $171,000.00 for energy efficiency and conservation projects for its city-owned facilities Subsequent to the award was an Agreement/Contract entered into by the City and ADOC in March 2010. This amendment will add an additional six (6) months to the Agreement to allow these monies and planned projects to be concluded. Staff respectfully requests Council approval to amend the agreement between the City of Apache Junction and the Arizona Department of Commerce (Contract Number R016-10-01) which would extend the agreement by six months to allow completion of improvement projects to City facilities. 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 .� a. Contract Amendment ARIZONA DEPARTMENT Contractor Name and Address ; OF COMMERCE • �.T06, -T �E�s City of Apache Junction Ine renter for 300 E Superstition Blvd [ ,}.�- ).0 econarricadvancement F=+ y Apache Junction AZ 85119 444440 1700 W. Washington, Suite B-32 Contract Number: R016-10-01 Phoenix,Arizona 85007 Amendment Number 1 This contract is amended as follows: 1 In accordance with the contract Special Terms and Conditions,paragraph I Term of Contract,the term of this contract is extended to September 30,2011 2 Projects specified in Exhibit A of the contract must be an eligible EECBG activity 3 The Project Budget(s)for each Activity has specific line items for EECBG Project Funding, EECBG Budget for Administration EECBG Budget for Technical Assistance and the Total EECBG Funding The amount for Total EECBG Funding shall be considered to be a fixed amount The amounts listed, if any,for EECBG Project Fundmg,EECBG Budget for Administration EECBG Budget for Technical Assistance shall be considered as estimates that are not fixed. As long as the total amount for Administration does not exceed 10%of the Total Funding and Technical Assistance does not exceed 20%of the Total Funding,the Contractor may expend funds that are in the best interest of accomplishing the proposed Activity(s). The Contractor shall report to the EECBG Program Administrator the actual expenses incurred in the specific budget line items 4 Contractor shall provide weekly progress reports to the EECBG Program Administrator Progress report forms can be found at htto//www azcommerce com/Energy/EECBG htm and may be submitted via email weekly. Any concerns regarding project progress will be noted in writing to the project manager,city manager and mayor. ''" 5 Reference Catalog of Federal Domestic Assistance(CFDA)#81 128 in regards to this contract ALL OTHER PROVISIONS OF THE CONTRACT SHALL REMAIN IN THEIR ENTIRETY VENDOR HEREBY ACKNOWLEDGES RECEIPT THE ABOVE REFERENCED AMENDMENT IS AND UNDERSTANDING OF THE ABOVE HEREBY EXECUTED ON BEHALF OF THE AMENDMENT ARIZONA DEPARTMENT OF COMMERCE BY. SIGNATURE DATE Page 1 of 1 SIGNATURE DATE DON CARDON,DIRECTOR Or Authorized Representative 04 , 0 City of Ache ,1c :ova o Home of be Superstition stition Moz'ntainns .,zo p` TO. City Manager's Office FROM. Shane Kiesow, Public Works Manager DATE: March 15, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM. Consideration of award of contract to Frye Construction, Inc for the purchase and installation of above-ground fuel tanks in an amount not to exceed $201,047 67. ACTION REQUESTED. Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION. Staff respectfully requests council approval to enter into an agreement with Frye Construction, Inc for the purchase and installation of above-ground fuel tanks in the amount of$182,770 61 with a 10% contingency fee of$18,277 06 for a total not to exceed amount of$201,047.67. A portion of this project will be funded by a Department of Energy grant received by the city in the amount of$75,000 00 FISCAL IMPACT: Budgeted Expenditure oak OPTIONS/ALTERNATIVES. RECOMMENDATION: Approval ATTACHMENTS. Click to download Memo to Council Fuel Tank Agreement QpCtt s ¢ ✓2 Public Works Department City of Apache gRZoti Junction Home of the Superstition Mountains DATE March 3, 2011 TO. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THRU. GEORGE HOFFMAN, CITY MANAGER GIAO PHAM, INTERIM PUBLIC WORKS DIRECTOR FROM SHANE KIESOW, PUBLIC WORKS MANAGER SUBJECT PW 2010-19 PURCHASE AND INSTALLATION OF ABOVE GROUND FUEL TANKS The bid results were presented to City Council for presentation/discussion on February 28, 2011 This project consists of purchasing and installing above ground fuel tanks that will be located at the Public Works Yard These tanks would replace existing twenty-one year old underground fuel tanks The term of the contract will end on June 30, 2011 The following three proposals were received' Frye Construction, Inc $40,765 00 purchase of tank $111,340.19 installation $30,665.42 Alternate#2 Kear Civil Corporation $69,000.00 purchase of tank $344,000 00 installation n/a Alternate#2 A & H Contracting Services, Inc $49,283.00 purchase of tank $198,100 00 installation $27,800.00 Alternate#2 Staff respectfully recommends award to Frye Construction, Inc in the amount of$182,770 61 plus a 10% contingency fee of$18,277 06 for a total of$201,047 67 A portion of this project will be funded by a Department of Energy grant received by the City in the amount of $75,000.00. 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480)983-5752 or(480)982-8005 CITY OF APACHE JUNCTION AGREEMENT FOR PURCHASE AND INSTALLATION OF ABOVE GROUND FUEL TANKS PROJECT PW # 2010-19 THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City") , an Arizona municipal corporation, and FRYE CONSTRUCTION, INC, an Arizona corporation ("Contractor") . RECITALS A. Contractor has responded to City' s request for proposal via PW 2010-19, in which Contractor asserts its willingness, ability and qualifications to provide this work and service. i B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the services. C. City has complied with the public bidding requirements under Arizona Revised Statute Title 34 and Apache Junction City code Article 3-7. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the services in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the work in accordance with the contract documents as fully described in the Notice Inviting bid Proposals for Project No. PW 2010-19 which includes all required specifications. 2 . PAYMENTS & COMPLETION: The contract shall be the amount payable by the City to the Contractor in the amounts of: 000, ITEM QUANTITY PRICE DESCRIPTION #1 PURCHASE OF UL2085 UNLEADED FUEL TANK 1 $40,765 00 INSTALLTION OF UNLEADED AND DIESEL FUEL 2 $111,340.19 TANKS USE EXISTING DISPENSERS—Split manifold in #3 dispenser to accommodate two different types of 2 Included product per dispenser INSTALL NEW TWIN MECHANICAL Alternate#2 DISPENSERS-one for each red dyed diesel, clear 4 $30,665.42 diesel, regular unleaded, E85 for the performance of the work under the contract documents except for changes authorized by properly executed change orders. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Upon notice that the work is ready for final inspection or acceptance, City representative shall promptly cause to be made an inspection. When City finds the work acceptable under the contract documents, City shall promptly submit for processing a certificate for payment stating that to the best of their knowledge, information and belief and on the basis of its observation and inspection, the work has been completed in .•. accordance with the terms and conditions of the contract documents and that partial payment or the entire balance due the Contractor is payable. No final payment shall become due until the Contractor submits to the all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor' s obligations. If any Subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond satisfactory to the owner to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorneys fees. F 3. CONTRACT TERM: The terms of this Contract shall be from the r date of written notice of the acceptance of the proposal by the City Council to June 30, 2011. This provision does not limit the liability of the Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor. 4. LIQUIDATED DAMAGES: Contractor hereby fixes the time for beginning work no later than June 1, 2011 . Failure to complete Alaby, June 30, 2011 to the satisfaction of the Director of Public Works will cause a loss to the City. Bidder hereby acknowledges that such loss could cause City resulting damages. Consequently, liquidated damages per M.A.G Table 108 will be deducted from the final payment for each calendar day the work is incomplete after June 30, 2011 . 5. LABOR AND MATERIALS: Unless otherwise provided in the contract documents, Contractor shall provide, pay and insure under the requisite laws and regulations for all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the work whether temporary or permanent, and whether or not incorporated or to be incorporated in the work. 6. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the work being performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the work has been performed in accordance with the Contract Documents, including the Building Codes adopted by the City of Apache Junction. Contractor further agrees to make such corrections to the work as may be directed by City to conform to said Contract Documents without requirement of Change Order or any additional charge or cost to City whatsoever. 7 . WARRANTY: Contractor shall guarantee the work against defective workmanship or materials for a period of one year from the date of its final acceptance under the contract; ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an F acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance. Within one year from the date of final acceptance due to faults in workmanship or materials, the Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or fi Aftak corrective work all at no additional cost to City. In the case of work materials or equipment for which warranties are required by the special provisions, Contractor shall provide or secure from the appropriate sub-contractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection of the contract documents shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 8. TAXES: Contractor shall pay all license, sales, consumer, use and other similar taxes for the work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 9. PERMITS & FEES: Unless otherwise provided in the contract documents, Contractor shall secure and pay for all permits, governmental fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business tax license pursuant to r` Article 8-5 of the Apache Junction City Code and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 5. Any activity by subcontractors within the corporate city limits, will invoke the same business tax regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any required business tax license. 10. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor' s performance of the services retain Contractor' s status as an independent Contractor. Contractor' s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide { workers compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the work required by the contract documents. Aar Contractor shall be responsible to City for the acts and omissions of its employees, sub-contractors and their agents and employees and other persons providing any of the materials under any contract document. 11. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent will be: Name: David Frye } Phone: 480-899-2399 Cell Phone: .,OZ R2o-ZS( Emergency Phone: Email Address: FjZ,(E e &pot Address: 1715 N Arizona Ave, Chandler, AZ 85225 12 . PROGRESS SCHEDULE: Contractor shall, immediately after it entering into this Agreement, generate an estimated progress schedule. Said progress schedule shall be maintained and updated during the project. 13. INDEMNIFICATIONS: Contractor shall defend indemnify and hold harmless City, its, agents, officers, officials and employees, from and against tortious claims, damages, losses and expenses (including but not limited to attorney fees, court costs and the cost of appellate proceedings) , relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor' s subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 14. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City' s approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 15. GOVERNING LAW AND VENUE: The terms and conditions of this eS Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any terms 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. 16. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed in the State of Arizona, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed '! under the terms of the Agreement is satisfactorily completed and 11**1 formally accepted; failure to do so may, at the sole discretion of the City constitute a material breach of this Agreement. 4� Contractor' s insurance shall be primary insurance as respect to City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers Compensation, shall contain waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor' s acts, errors, mistakes, omissions, work or services. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self- insured retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City' s right to insist on strict fulfillment of Contractor' s obligations under this Agreement. The insurance policies, except Workers Compensation, required by this Agreement, shall name City, its agent, officers, officials and employees as additional insured parties. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance Aft with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011-93 or any replacement thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc. ' s Additional Insured, Form CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, City and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor' s work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1, 000, 000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor' s General Liability insurance. Workers Compensation Contractor shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor' s employees engaged in the performance of the work or services; and Employer' s Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit. In case any work is subcontracted, Contractor will require subcontractor to provide Workers Compensation and Employer' s Liability to at least the same extent as required of Contractor. /liki CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agreement, Contractor shall furnish the City with Certificates of Insurance, or formal endorsements as required by Agreement, issued by Contractor' s insurer (s) , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor' s work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. ,._ Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days prior written notice to City. 18. CHANGE ORDERS: A change order is a written order to Contractor, approved by the City representative, issued after execution of the contract authorizing a change in the work or an adjustment in the contract sum or the contract time. A change order signed by Contractor indicates his agreement therewith. City may, without invalidating the contract, order changes in the work within the general scope of the contract consisting of additions, deletions or other revisions, the contract sum and the contract being adjusted accordingly. All such changes in the work shall be authorized by change order and shall be performed under the applicable conditions of the contract documents. The City representative shall have authority to order minor changes in the work not involving an adjustment in the contract sum or extension of contract time and not inconsistent with the intent of the contract documents. All such changes shall be effected by written order and shall be binding upon City and Contractor. 19. SUCCESSORS & ASSIGNS: City and Contractor each bind themselves, their partners, successors, assigns and legal AO., representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the contract documents. Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 20. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 21. CLAIMS FOR DAMAGES: Should either party to the contract suffer injury or damage to personal property because of any act or omission of the other party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages. 22. PERFORMANCE BOND & LABOR & MATERIAL PAYMENT BOND: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 23. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 24 RIGHTS & REMEDIES: The duties and obligations imposed by the contract documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 25. TIME IS OF THE ESSENCE: Contractor shall carry the work forward expeditiously. If Contractor is delayed at any time in the progress of the work by any act or neglect of City or by any employee of the City not specifically disclaimed herein, or by change orders in the work or any labor disputes, dire and unusual delay in transportation, adverse weather conditions not reasonably anticipated, unavoidable casualties, or any causes beyond the Contractor' s control or by delay caused by City or by any other cause which City determines may justify the delay, the contract time shall be extended by change order for such reasonable time as City may determine. Any claim for delay or extension of time shall be made to the City representative within the same work day, otherwise said claim shall be waived by Contractor. In the case of a continuing delay, only one claim is necessary. Contractor shall provide an estimate of the probable effect of such delay on the progress of work. This section does not exclude the recovery of damages for delay by either party under the provisions of the contract documents. 26. TERMINATION of CONTRACT: If, for any reason, the Contractor shall fail to fulfill in a timely and proper manner his/her obligations under the contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of the contract, the City shall thereupon have the right to terminate the contract by giving written notice to the Contractor of such termination and specifying the effective date thereof. In such event, all finished or unfinished site or structural improvements as well as all materials or equipment acquired or stored by the Contractor under the contract shall, at the option of the City, become City property and the Contractor shall be entitled to receive oust and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. The City may terminate the contract at any time by giving at least ten (10) days notice in writing to the Contractor. If the contract is terminated by the City as provided herein, the Contractor will be paid for the time expended and expenses incurred up to the termination date. If the contract is terminated due to the fault of the Contractor, Paragraph I above, relative to termination shall apply. Auk 27. RECORDS: Records of Contractor' s labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 28. AMENDMENT: 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, and that oral understandings or agreements not incorporated herein shall not be binding on the parties. 29. SEVERABILITY: If any part, term or provisions of this Agreement shall be held illegal, unenforceable or in conflict with any law, the validity of the remaining portions and provisions hereof shall not be affected. 30. CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 31. COMPLIANCE WITH FEDERAL AND STATE LAWS: The Contractor understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989. The following is only applicable to construction contracts: The contractor must also comply with A.R.S. § 34-301, "Employment of Aliens on Public Works Prohibited", and A.R.S. § 34-302, as amended, "Residence Requirements for Employees". Under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that the Contractor and each of its subcontractors ("Subcontractors") will comply with, and are contractually obligated to comply with, all Federal immigration laws and regulations that relate to their employees and A.R. S. § i 23-214 (A) (hereinafter "Contractor Immigration Warranty") . A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City. The City retains the legal right to inspect the papers of any Contractor or Subcontractor' s employee who works on this Contract to ensure that the Contractor or Subcontractor is k complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. The City may, at its sole discretion, conduct random verification of the employment records of the Contractor and any of Subcontractors to ensure compliance with Contractor' s Immigration Warranty. Contractor agrees to assist the City in regard to any random verifications performed. Neither the Contractor nor any of Subcontractors shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R. S. § 23-214, Subsection A. The provisions of this Article must be included in any contract the Contractor enters into with any and all of its Subcontractors who provide services under this Contract or any subcontract. "Services" are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. 32 . COOPERATIVE USE OF CONTRACT: The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures "SAVE" cooperative. This contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of the Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City shall not be responsible for any disputes arising out of transactions made by others. 33. FLOW DOWN REQUIREMENTS: Consultant shall comply with requirements of applicable Federal, State, and local laws, regulations, DOE and Arizona Department of Commerce policy and guidance, and shall flow down the requirements of applicable Federal, State, and local laws, regulations, DOE and Commerce policy and guidance to subcontractors at any tier to the extent necessary to ensure the Consultant' s compliance with the requirements. The City hereby incorporates all American Reinvestment and Recovery Act terms and conditions in to this Agreement. The entire text may be found at http: //www.management.energy.gov/documents/ARRAAttachment4.pdf. yi IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this z, day of NF , 2011. Contractor: B y; 11101 (6 MJGAEG J FRY Title: pge*t a-1- CITY OF APACHE JUNCTION an Arizona municipal corporation By: John S. Insalaco Title: City Mayor ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney STATUTORY PAYMENT BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS: That, hereinafter called the Principal) , as Principal, and , a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, with its principal office in the City of (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and t assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of , 2011 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall promptly pay all moneys due to all persons supplying labor or materials to Principal or Principal's subcontractors in the prosecution of the work provided for in said contract, this obligation shall be void. Otherwise it remains in full force and effect: 11 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised - Statutes, all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Title, Chapter and Article, to the same extent as if they were copies at length herein. The prevailing party in a suit on this bond shall recover as part of the judgement reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this _ day of , 2011 BY: AGENCY OF RECORD AGENCY ADDRESS BY: ATTORNEY IN FACT CERTIFICATE OF INSURANCE CITY OF APACHE JUNCTION PROJECT: PW# 2010-19 The certifies that the following insurance policies have been issued on behalf of: NAME OF INSURED: ADDRESS OF INSURED. Type of Policy Effect. Expire Limits of Insurance Number Date Date Liability 1. $100,000 Each Accident; Workman's $100, 000 Each Disease, Compensation $500, 000 Disease Policy Limit 2. $1,000, 000 Each Commercial Occurrence; $2, 000,000 General Products/Completed Liability Operations Aggregate; $2, 000,000 General t Aggregate Limit 3. Contractual $1,000,000 Each Bodily Injury & Occurrence Property Damage 4. Professional $1,000, 000 Each Claim Liability 5. Automobile $1, 000, 000 Each Bodily Injury & Occurrence Property Damage It is further agreed that these policies shall not expire, be canceled or changed until all work has been completed and the project has been accepted by the City of Apache Junction. If a policy does expire AmIN during the life of the contract, a renewal Certificate of the required coverage must be sent to the City of Apache Junction not less than thirty (30) calendar days prior to expiration date. This Certificate is not valid unless countersigned by an authorized representative of the Insurance Company. The Certificate of Insurance must also provide that the City, its officers, employees and agents are additional insured parties. Date: Countersigned by. Title: SUBSCRIBED AND SWORN TO before me this day of2011 by as Insurer. Notary Public My Commission Expires. O� pACk ✓GS0 City of Apache j:iction n, Hoare of the . uper;uii oti Alou ria ns ,01ZON4' TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: March 15, 2011 Agenda Type : Regular Agenda Council Priority Focus Area Required by Federal Law or State Statute TITLE OF AGENDA ITEM. Consideration of Resolution No. 11-07 declaring and adopting the results of the March 8, 2011 Primary Election and Recall Election ACTION REQUESTED. Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Resolution No 11-07 serves as the "canvass of votes"for the city primary election and recall election on March 8, 2011 FISCAL IMPACT- OPTIONS /ALTERNATIVES: oink RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available ROLL CALL VOTE NOTES: d7°) 0\flt/ At 4,1 ITEM # MEETING OF 'fit , MOTION BY. to 4 \'". SECONDED BY: 14171\ YES NO ABSTAINED COUNCILMEMBER ECK COUNCILMEMBER BARKER VICE MAYOR DIETZ ' 4tfNCTMEMBER CDtEMAN COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL REVISED 3/15/11 CONSENT AGENDA ITEMS NO. 1-5 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT APPROVAL BE GIVEN TO THE AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF COMMERCE AND THE CITY OF APACHE JUNCTION, CONTRACT NUMBER R016-10-01, TO ALLOW THE CITY TO USE THE BALANCE OF GRANT MONIES AWARDED IN LATE 2009 FOR ENERGY EFFICIENCY AND CONSERVATION IMPROVEMENTS PROJECTS TO CITY FACILITIES, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT, AND THAT THE AWARD OF BID FOR PW 2010-19, PURCHASE AND INSTALLATION OF ABOVE GROUND FUEL TANKS, BE AWARDED TO FRYE CONSTRUCTION IN THE AMOUNT OF $182,770 61 WITH A 10% CONTINGENCY FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $18,277 06 FOR A TOTAL AMOUNT NOT TO EXCEED $201,047.67, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT ITEM NO 5 BE MOVED TO DIRECTLY BEFORE CALL TO THE PUBLIC CONSENT AGENDA ITEMS NO. 1-5 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTE P, AND THAT APPROVAL BE GIVEN TO THE AMENDMENT TO THE E ING AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF COMMERCE A THE CITY OF APACHE JUNCTION, CONTRACT NUMBER R016-10-01, T• • LLOW THE CITY TO USE THE BALANCE OF GRANT MONIES AWARDED IN LA .' 2009 FOR ENERGY EFFICIENCY AND CONSERVATION IMPROVEMEN : PROJECTS TO CITY FACILITIES; AND THAT AUTHORIZATION BE GI N FOR THE MAYOR TO SIGN THE AGREEMENT, AND THAT THE AWARD OF BID FOR PW 2010- •, PURCHASE AND INSTALLATION OF ABOVE GROUND FUEL TANKS, BE A • RDED TO FRYE CONSTRUCTION IN THE AMOUNT OF $182,770.61 WITH A 10% CONTINGENCY FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $18 7 06 FOR A TOTAL AMOUNT NOT TO EXCEED $201,047 67, AND THAT AUTHO' ZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FIN• APPROVAL AS TO FORM BY THE CITY ATTORNEY, AND THAT RESOLUTION ND. 11-07, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF AP• HE JUNCTION, PINAL AND MARICOPA COUNTIES, ARIZONA, DECLARING AND • )OPTING THE RESULTS OF THE PRIMARY ELECTION HELD ON MARCH 8, 2011, BE APPROVED. •``4; C:iy ofApache z; Home of the Saperctition loll to ns Al.1700, TO: City Manager's Office FROM: George Hoffman, City Manager DATE: March 15, 2011 ,.► Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION. FISCAL IMPACT. OPTIONS I ALTERNATIVES: 'm IN1/4 RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available PUBLIC HEARING 1. For APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. • City q Apache JTction 0 Home of the Supe;4ctition Mountains .tt uPrint TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: March 15, 2011 Agenda Type : Regular Agenda Council Priority Focus Area. Required by Federal Law or State Statute TITLE OF AGENDA ITEM: APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349. ACTION REQUESTED. Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: An application for a temporary extension of premises has been submitted by Elks Lodge#2349 for a car show on April 2, 2011 at 2455 N Apache Trail The next step in the procedure 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 FISCAL IMPACT. OPTIONS /ALTERNATIVES: RECOMMENDATION: ATTACHMENTS. Click to download cover memo application application applicant letter department memo planning recommendation police recommendation fire recommendation ?ACHe.00k f_ f -19 • Heine of the Superstition Mountains w. MARCH 3, 2011 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK --(/ FROM JAN MASON, DEPUTY CITY CLERK-41A SUBJECT. AGENDA ITEM FOR MARCH 15, 2011 APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 An application for an extension of premises has been submitted by Mr. Denny Walter of Elks Lodge #2349 for a car show on April 2, 2011 at 2455 N Apache Trail, Apache Junction Correspondence has been received from the planning division, police department and fire district, a copy of which is attached. The next step in the procedure 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 State Department of Liquor Licenses and Control • Voice(480)982-8002 • FAX (480)982-7018•TDD(480)983-0095 •www ajcity net 300 E Superstition Boulevard, Apache Junction,Al 85219 ARIZONA DEPARTMENT OF LIQUOR LICENSES &CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquor.gov (602)542-5141 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF LIQUOR CI Permanent change of area of service—Give specific purpose of change 14Temporary change for date(s)of: 9- / 1 Licensees Name. 141/(2 ie last First Middle 1 2 Mailing Address. ? /'c."1 TT) A-2_, Yji 7 :/T4 State Zip 3 Business Name. :71_117 4/ tA c(:-.C-,CV4(C., LICENSE I: //`7/i/(24-10 (71 4 Business Address 41 ,'")3/ / /1-i? -A. 7- 1';di City COUNTY '--State Zip 5. Business Phone ( ) t/ 23c.i9 Residence Phone. (4 ' )) 1.2 7 -t_-)zr 1 6. Do you understand Arizona Liquor Laws and Regulations? a YES CI NO FAX# (5/4 ) - 7. Have you received approved Liquor Law Training? CI NO 0-YES When? -3//'7/41S 8 What security prec.autions will be taken to prevent liquor violabons in the extended area? 7) 7 X. ( 9. Does this extension bring your premises within 300 feet of a church or school? Q YES pt NO 10 IMPORTANT: ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR UCENSED PREMISES AND WHAT YOU PROPOSE TO ADD. for their completing sectkirendation. r.hils-9, Boardtakernimtnicainnottgirduirrtglotemlithe of Suepnr Cityf r. Council or Designate This change in premises is RECOMMENDED by the local Board of Supervisors,City Council or Designate' Aiesk. (Authorized Signature) (Title) (Agency) I, being first duly sworn upon oath,hereby depose,swear and declare, (Print'tut narne) under penalty of perjury,that I am the APPLICANT making the foregoing application. I have read this appiciation and the contents and a statements are true,cannot and complete. State of County of \\A,kf't (0 x _40+AFti4( „ SUBSCRIBED IN MY PRESENCE AND SWORN TO before rite this date , .- 4•: , TINA M. LOVELY tYtv mirth Year My cxgnmissitftigieiROIffiP4Pin"12191A3j'A V7-) \ \ .) cz,_ - (Signature of NOTARY Investigation Recommendation Approval Disapproval by Director Signature required for Disappnwals Date 1.4ems•sam *Disabled individuals requiring special accommodation,please call the Department(402)542-9027. Area Needed for Car Show Lost Dutchman Blvd I Entrance �i 1111 Exit T I i i ma Door i = i �` I � c Extended Area Requested I Elks Lodge cl I 00 Fenced Patio Parking for Cars I Security Will be Posted Where Symbols Are - Roped Off Area ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquocgov (602)542-5141 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT THIS APPUCATION MUST BE RETURNED TO THE DEPARTMENT OF UQUOR Q Permanent change of area of service-Give specific purpose of change oink ATemporary change for date(s)of: .4 l[l 1 Licensee's Narne N Ile t _ L t',t_ �r .0 . t test First Middle 2. Mailing Address: / 1 6 ' t3( 77'T)`) r (11L ���- !}`�'_ )' )// 7 ICY State 3 Business Name ,- i I `< S L.L C - LICENSE#: //`� //(elCi 4. Business Address: ,�1 } l ��f r t z i; r ' j(I?t'. �C'7 �rc-t %;�7,„ 1 `> //5 City COUNTY State zp 5 Business Phone ( ) (- .Y- Residence Phone (%S ) i '7-7 6 Do you understand Anzona Liquor Laws and Regulations? C YES Q NO FAX# ?5 5 7. Have you received approved Liquor Law Training? Q NO El-YESWhen? 3/r`ir''�'i. 8 Mat security precautions will be taken to prevent liquor violations in the extended area? / 1 rC 9 Does this extension bring your premises within 300 feet of a church or school? Q YES NO 10. IMPORTANT: ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND V1MAT YOU PROPOSE TO ADD ""After completing sections 1-9,take this a�to your local Boa rd of Supervisors,City Council or Designate for their recommendat on. This recommends n Is not binding on the Department of Liquor. This change in premises is RECOMMENDED by the local Board of Supervisors,City Council or Designate. r.. jJ�� (Authorized e) (T*) (�icY) I, `)7-.1 ' ;"r ca. _ ,being first duly sworn upon oath,hereby depose,swear and declare, (Print full name) under penalty of perjury,that I am the APPLICANT making the foregoing application I have read this action and the contents and all statements me true,convict and"complele. t State of County of 4 ‘sy C�i X ! .►� j L f NR7rAf f.Ptd8Uc Zf< — SUBSCRIBED IN MY PRESENCE AND SWORN TO before trite this date ' TINA M LOVEL DY\ - MQ►wh Year My cxnSR ', ,.t t 5 ��.�. . ,.v \ O U (Signature of NOTARY PUBLIC)------ Investigation Recommendation❑Approval ❑Disapproval by Director Signature required for Disapprovats Date- uvula tram *Disabled individuals requiring special accommodation,please call the Department(602)542-9027. Area Needed for Car Show Lost Dutchman Blvd 1 Exit t Entrance I I I MI Door 3 gin Extended Area Requested !< Elks Lode i CO i co O i i Fenced Patio i P Parking for Cars Security Will be Posted Where Symbols Are Roped Off Area P ACHE.iCH ,f I ti/e.52 tacit&littiteiiimt• • Nome of the Superstition Mountains .4R 2O04 March 2, 2011 Denny L Walter Apache Junction Elks Lodge#2349 P 0 Box 459 Apache Junction, AZ 85117 Dear Mr Walter Please be advised that your application for an Extension of Premises for Elks Lodge #2349 for a car show on April 2, 2011, at the Elks Lodge, 2455 N Apache Trail (Highway 88), has been scheduled for a public hearing The Apache Junction City Council will hold a public hearing on March 15, 2011, at TOO p m. in the City Council Chambers, 300 E Superstition Blvd., Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control Your attendance is requested should council have any questions on this application. ,+■. If you have any questions concerning this matter, please contact my office at (480) 982-8002 Sincerely, Kathleen Connelly, 1 _ / City Clerk •Voice(480)982-8002 • FAY t4801 982-7018•TDD(48Q)983-009; •www awcrtt net 300 E Superstition Boulevard, Apache Junction,AZ 85219 Amok Adwah, 11lok pACHE rdyo/ 6rielt& �imeilowi U , . 41 �` Home of the Superstition Mountains 4At 0N. MARCH 2, 2011 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY, ADMIN SGT PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH' KATHLEEN CONNELLY, CITY CLERK .`(! 1,7 i f` FROM. JAN MASON, DEPUTY CITY CLERK "1::"' )`-` SUBJECT APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 Mr. Denny L. Walter has submitted an application for a temporary extension of premises for a car show to be held on April 2, 2011, at the Elks Lodge, 2455 N Apache Trail (Highway 88), Apache Junction Please conduct the necessary inspections and submit your recommendation be email by Thursday, March 3 by noon, in order for this item to be placed on the agenda for the City Council meeting of March 15, 2011 r� •Voice(480)982-8002 • FAX(480)982-7018•TDD(480)983-0095 •wwwwaJcny.net 300 E.Superstition Boulevard, Apache Junction,AZ 85219 Janet Mason From. Rudy Esquivias Sent* Wednesday, March 02, 2011 10 52 AM To. Janet Mason Cc• Fred Baker,Yanet Ochoa,Todd Kennedy Subject: RE. extension of premises for Elks Lodge Car Show Jan f. The Elks Lodge property is zoned C-3/PD(General Commercial District by Planned Development),which is appropriate for a fraternal clubhouse with a liquor license The Elks have had extension of premises events in the past We are not aware of any problems with these events The Planning Division has no objections to this one-time special event d Rd4, sgidvI Senior Planner/Zoning Administrator City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 480-474-2645 resquiviasPaicity net SERVICE OVER AND ABOVE THE REST From: Janet Mason Sent: Wednesday, March 02, 2011 10:40 AM To: Rudy Esquivias Cc: Fred Baker Subject: FW extension of premises for Elks Lodge Car Show Importance: High osink Janet Mason Deputy City Clerk City Of Apache Junction 300 E Superstition Blvd. Apache Junction,AZ 85119 480-474-5068 imasonf aicity net Service Over and Above the Rest This message and the information within is intended for the recipient If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. P"A eH PDLICtir ot' -i Apache Junction Police Department ,. Interdepartmental Memo 4-f o DATE. 03-02-2011 — TO Captain Freeman THROUGH Lieutenant Jackson FROM Sergeant Freeman SUBJECT Extension of Premises, Elks Lodge#2349 On Wednesday March 2, 2011, at 16 30 hours I received the Extension of Premises request for the Elks Lodge Located at 2455 North Apache Trail The paperwork is in order and the requested site for the car show was inspected This area is primarily a dirt lot with Housing south of the area of Lost Dutchman Road. The car show will be held Saturday April 2nd and should not cause any substantial interference to the area or roadway Based on the provided documentation and completed inspection of the requested "extended" area, the Police Department has no issues with the permit request and recommends the permit be forwarded to the City Council for review CFAI V�tt'�� ��f°isc��``�' Apache Junction Fire District a11rY: 565 North Idaho Road, Apache Junction, AZ 85119 Phone(480) 982-4440, Fax(480) 982-0183 ii 1 , ~ www Wire org MEMORANDUM TO Kathleen Connelly,City Clerk City of Apache Junction 300 E. Superstition Blvd Apache Junction,AZ 85119 FROM: Dave Montgomery,Deputy Chief/Fire Marshal b DATE: February 2,2011 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 April 2, 2011. 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 r. ROLL CALL V E l NOTES: l ( !\ \ii\t/C4i\A 04 41 ITEM # MEETING OF I (,.ie)\f} MOTION BY: SECONDED BY. INJ YES NO ABSTAINED CObNGILMABER COLEMAN COUNCILMEMBER ECK v COUNCILMEMBER SERDY / COUNCILMEMBER BARKER COUNCILMEMBER WILSON j/ VICE MAYOR DIETZ MAYOR INSALACOtil UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ..•. ITEM NO. 7 I MOVE THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE#2349, SUBMITTED BY DENNY WALTER FOR APRIL 2, 2011, BE RECOMMENDED FOR(APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. PUBLIC HEARING 1. For APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. czo qf Apache ji Home onbe Superstition Mountains TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE. March 15, 2011 Agenda Type : Regular Agenda Council Priority Focus Area. Required by Federal Law or State Statute TITLE OF AGENDA ITEM: APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: An application for a special event liquor license has been submitted by Community Alliance Against Family Abuse for a fundraiser on March 26, 2011, at 3301 S Goldfield Road The next step in the procedure is for 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 FISCAL IMPACT: OPTIONS /ALTERNATIVES. RECOMMENDATION: ATTACHMENTS. Click to download cover memo application applicant letter department memo planning recommendation police recommendation fire recommendation �p ACH fi 000,, Wit"a Pihaelt e frivactio4k Horne of the Supel".5tltlon Mountains q.F 0141% ► MARCH 3, 2011 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH. GEORGE R HOFFMAN, CITY MANAGER / THROUGH KATHLEEN CONNELLY, CITY CLERK ', FROM JAN MASON, DEPUTY CITY CLERK T '1/ SUBJECT AGENDA ITEM FOR MARCH 15, 2011 APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE An application for a special event liquor license has been submitted by Ms. Courtney Kleinebreil of Community Alliance Against Family Abuse for a fundraiser on March 26, 2011 at 3301 S Goldfield, Apache Junction Correspondence has been received from the planning division, police department and fire district, a copy of which is attached The next step in the procedure 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 State Department of Liquor Licenses and Control. • Vuic.e(480)982-8002 • VAX(4801 982-7018• ID )(480)983-0095•www w ajctty.net 300 E Superstition Boulevard, Apache Junction,AZ 85219 - - - .•.-- - -- .-. State of Arizona Department of Liquor Licenses and Control 800 W. Washington, Sth Floor Phoenix, AZ 85007 www.aztrquor.gov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee=$25.00 per day for 1-10 day events only A service fee of$25.00 will be charged for all dishonored chucks,(A.R_S.g 44-6552) NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR APPROVAL .'Application must be approved by local government before submission to DLLC USE ONLY Department of Liquor Licenses and Control. (Section#20) rr- LICENSE # i"f`i✓1 Name of Organization. AA 2. Non-Profit/I.R.S. Tax Exempt Number: . --Qq l aO4/y 3. The organization is a (check one box only) '6hantable ❑ Fraternal (must have regular membership and in existence for over 5 years) 0 Civic 0 Political Party, Ballot Measure, or Campaign Committee Q Religious 4. What is the purpose of this event? Furl(1 ircz S�f 5. Location of the event: ,3301 S 6 c4cl4i l61 Al / r i't T�,�c f , P,�,a h75II q Address of physical location(Not P 0 Box) City County Zip Applicant must be a member of the qualifying organization and authorized by an Officer,Director or Chairperson of the Organization named in Question#1. (Signature required in section#18) 6 Applicant: K7e,>'►eb r f r L�:v i , t= pc t- 3 -:,?S— 7q Last First Middle Date of Birth 7 Applicant's Mailing Address. PC2 13ox 3 773 Ai,cche ffeXagfi 7 Street City State Zip �► 8 Phone Numbers. (4' ) 9; ,)-QdOS (qq o) -35 -5 35.3 (413e') 9.g 7- q 7 S Site Owner# Applicant's Business# Applicant's Home# 9. Date(s) & Hours of Event. (Remember you cannot sell alcohol before 10.00 a.m.on Sunday) Date Day of Week Hours from A M/P M To A M/P M Day 1. Ma,-cA a =1'1n t/ 544- d4 r 7/3vv l .c vv1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 Day 8. Day 9' Day 10 t o 010605i2009 *Disabled individuals requirmg special accommodations,please call(602)542-9027 10 Has the applicant been convicted of a felony in the past five years,or pad a liquor license revoked? 0 YES ta;NO (attach explanation if yes) 11 This organization has been issued a special event license for G days this year,including this event (not to exceed 10 days per year). 12 Is the organization using the services of a promoter or other person to manage the event? ❑YES If yes, attach a copy of the agreement 13 List all people and organizations who will receive the proceeds Account for 100%of the proceeds THE ORGANIZATION APPLYING MUST RECEIVE 25%OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name LA riq foo/o Percentage Address rib R,OX 3 7 7 Y , A06 clay /74-( +,`.) 42 /17 Name -Percentage Address (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations If you have any questions regarding the law or this application,please contact the Arizona State Department of Liquor Licenses and Control for assistance NOTE ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15 What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of secunty/police personnel and type of fencing or control barriers if applicable) #Police 0 Fencing #Security personnel 0 Barriers c,11 r e,C , i t,),c, Li ,// 16. Is there an existing liquor license at the location where the special event is being held? ❑ YES 'O If yes,does the existing business agree to suspend their liquor license during the time period,and in the area in which the special event license will be in use? ❑YES 0 NO (ATTACH COPY OF AGREEMENT) Name of Business Phone Number 17 Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barncades or other control measures and security positions. ... - ..... THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER. DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION#1 18 I. t'o't'+-neye Kleoftbrej declare that I am an Officer/Director/Chairperson appointing the (Print full name) applicant listed in Question 6,to apply on behalfof the foregoing organization for a Special Event Liquor License 1 ` X .,"icetw t.. o .i/..4r[: --1-- ' G L X%l' ftvt" p,!e ',v. 3 1 ( -%) i i;3 _ J (Signature (Title/Position (Date) (Phone E) tzell 111Cf i 4) •'+'. Nota m uo'w'Arizana County of . t�-a~ MAR�COPA COUNTY The foregoing instru' ent was a ,owledged before rY a this `��� My Februa�rY Tan 201p4res (., _1 �,u10 Day Month lea My Commission expires on. 4 - ' ! ; e (Date) (Signa of OT P IIj THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION#6 19 I, t e2<=r 2/ kite.e,<"".,(-r) declare that I am the APPLICANT filing this application as (Print full name) listed in Question 6 I have read the application and the conten/ and all statements are true, correct and complete ;� !/� / State of 1 1 ZGr7 County of r r�/1�G f L.i,1�A X ! " G e-ic,- -t-- ( The foregoing instrument was acknowledged before me this � kr_4My commi - ` I. ry,c; ; �/ .\I\n,/ Februgr}b , I , k VSignatu f N TA PUBLI You must obtain local government ovement approval. City or County MUST }� ' recommend event and complete item #20 The local governing body may require additional applications to be completed and submitted 60 days in advance of the event. Additional licensing fees may also be required before approval may be granted LOCAL GOVERNING BODY APPROVAL SECTION 20 I, hereby recommend this special event application (Government Official) (Title) on behalf of (City,Town or County) (Signature of OFFICIAL) (Date) i FOR DLLC DEPARTMENT USE ONLY Department Comment Section (Employee) (Date) ❑ APPROVED 0 DISAPPROVED BY (Title) 'Date) SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, serving areas,and label type of enclosure and security positions) NOTE Show nearest cross streets,highway,or road if location doesn't have an address. .._ --i •----" N 1' ...... L 0 Li L/ docj , _ 1 . ..--- ---,--_..._..-..._..�.-.., .. --- , ' .�1 of i 4l v � ,,,)` I Y(...) 1 l j > r, eliN In ra 'l r E ,......_, .. _ A.,...„ ........ Pp ACNF F �' -dfiacr,&jt.tnctian 44 Home of the Superstition Mountains R 4lZoN¢ February 23, 2011 Community Alliance Against Family Abuse Attn. Courtney Kleinebreil P 0 Box 3778 Apache Junction, AZ 85117 Dear Ms. Kleinebreil Please be advised that your application for a Special Event Liquor License for the Community Action Against Family Abuse for March 26, 2011 at 3301 S Goldfield Road has been scheduled for a public hearing The Apache Junction City Council will hold a public hearing on March 15, 2011, at 7 00 p m in the City Council Chambers, 300 E. Superstition Blvd., Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control. Your attendance is requested should council have any questions on this application ... If you have any questions concerning this matter, please contact my office at (480) 982-8002. Sincerely, Kathleen Connelly City Clerk • Voice(480)982-8002 • FAX(480)982-7018 •TDD(480)983-0095 •www ajcity net 300 E Superstition Boulevard. Apache Junction, AZ 8219 Pp pCHF r(j//'11�i e91 CCf� 1�Pi l!?2f l: Home of the Superstition 1/fountains 4Rt 0NP FEBRUARY 23, 2011 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK L/�, FROM: JAN MASON, DEPUTY CITY CLERK`S- SUBJECT APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE (CAAFA) Mr. Courtney Kleinebreil has submitted an application for a Special Event Liquor License for March 26, 2011 at 3301 S Goldfield Road, Apache Junction Please conduct the necessary inspections and submit your recommendation be email by Wednesday, March 2, in order for this item to be placed on the agenda for the City Council meeting of March 15, 2011 p •Voice(480)982-8002 • FAX(480)982-7018•TDD(480)983-0095 •ws w aicrty net 300 E Superstition Boulevard, ,Apache Junction.AZ 85219 Janet Mason From: Yanet Ochoa Sent: Tuesday, March 01, 2011 3 07 PM To: Fred Baker Cc: Rudy Esquivias, Janet Mason Subject: RE CAAFA special event liquor license Planning has no objections for CAAFA's one day special event liquor license at the Dolce Vita Amok, club house Thank you, *ewe Odoet Assistant Planner 300 E Superstition Blvd City of Apache Junction yochoa@ajcity net (480)474-2636 From: Fred Baker Sent: Friday, February 25, 2011 12 42 PM To: Yanet Ochoa Cc: Rudy Esquivias Subject: FW: CAAFA special event liquor license Janet Please review,obtain additional info from applicant and talk to Rudy and myself before responding. Fred From: Janet Mason Sent: Thursday, February 24, 2011 4.29 PM To: Dave Montgomery(dave.montgomery@)ajfire.orgy, Brett Jackson; Fred Baker Subject: CAAFA special event liquor license Attached is a special event liquor license for CAAFA(Community Alliance Against Family Abuse). Please have your department recommendation to me no later than Wednesday, March 2, by 5 PM Thanks Janet Mason Deputy City Clerk City Of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 480-474-5068 jmason(iilajcity net Service Over and Above the Rest This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email Emails generated by council 1 Lieutenant - Bureau of Patrol March 1, 2010 ANN SUBJECT Special Event Liquor License TO Chief Jerald Monahan FROM Lieutenant Brett Jackson THROUGH. Captain Arnold Freeman The Apache Junction Police Department has no objections to the issuance of a special event liquor license to CAAFA for Saturday, March 26, 2010 from 1900 to 2400 hours at 3301 S Goldfield Rd Apache Junction .•. ..•. 60.JMyrFAs Apache Junction Fire District a 21111616- lz 565 North Idaho Road, Apache Junction, AZ 85119 � � Phone (480) 982-4440, Fax(480) 982-0183IF ~ 'gFcIsc��` www ajfire org C MEMORANDUM TO: Kathleen Connelly,City Clerk City of Apache Junction FROM. Dave Montgomery,Deputy Chief/Fire Marshal �t 1"y�� t DATE February 2,2011 SUBJECT Special Event Liquor License Ann.for Community Alliance Against Family Abuse (CAAFA)—3301 S.Goldfield Road.Apache Jct..AZ.March 26,2011 The Apache Junction Fire District recommends approval of the above noted application for a special event liquor license for Community Alliance Against Family Abuse (CAAFA) at 3301 S. Goldfield Road, Apache Jct.,AZ. The Apache Junction Fire District has reviewed the documentation and prevention files for the application address as noted above We have recently completed a preliminary fire and life safety inspection dunng which no major violations were found. Thank you for your notification on this matter. p Dpm ATTN. Application ROLL CALL VOTE /( rk , NOTES ' 7 )j Am+, C_IV(4/. 4 f IC( ITEM # ,c.‘ s MEETING OF ( , L/4L/ MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY i VICE MAYOR DIETZ / COUNCILMEMBER ECK / COUNCILMEMBER WILSON / "das.1.0(6L-01VIESR-C•GeEMAN COUNCILMEMBER BARKER li MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL v ITEM NO. 8 I MOVE THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE, SUBMITTED BY COURTNEY KLEINEBREIL FOR MARCH 26, 2011, BE RECOMMENDED FOR(APPROVAL) OR (DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. PUBLIC HEARING salbk 1. For PROPOSED RESOLUTION NO. 11-01, DECLARING THAT A PORTION OF A PUBLIC ROADWAY EASEMENT LOCATED ON THIRD AVENUE BETWEEN SOLANA ROAD AND STARR ROAD AS SET FORTH IN EXTINGUISHMENT CASE EX-11-01 IS NO LONGER NECESSARY FOR PUBLIC USE. 2. Will INTERIM PUBLIC WORKS DIRECTOR GIAO PHAM speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. ek of4pache ji. .azon City 1-. ome of the St/pew/lion Mountains a• TO: City Manager's Office FROM: Giao Pham, P E , Interim Public Works Director DATE: March 15, 2011 oak Agenda Type : Regular Agenda Council Priority Focus Area. Community Development TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO 11-01, DECLARING THAT A PORTION OF A PUBLIC ROADWAY EASEMENT LOCATED ON THIRD AVENUE BETWEEN SOLANA ROAD AND STARR ROAD AS SET FORTH IN EXTINGUISHMENT CASE EX 11-01 IS NO LONGER NECESSARY FOR PUBLIC USE ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: An extinguishment of a roadway easement on Third Avenue between Solana Road and Starr Road has been requested by the adjacent property owners who desire use of these areas Staff has reviewed the submittal and has no technical objections since the use of the federally patented easement is not feasible or needed Resolution No 11-01 extinguishes the above-noted easement for public roadway and right-of-way purposes FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION. Approval ATTACHMENTS: Click to download Memo to Council Res No 11-01 Resolution No. 11-01 pg AChe .4 2 Public Works Department � a z Ca Ajde J Home of the Superstition Mountains '4E?f ZO�P Date. February 15, 2011 To: Honorable Mayor and Members of the City Council Through. George Hoffman, City Manager From. Giao Pham P E , Interim Public Works Director Subject. Extinguishment of Federally Patented Easement on Third Ave Between Solana Rd and Starr Rd. Proposed Resolution No. 11-01 Federal Patent Easements (FPEs) are a means whereby property is accessed by our citizens in portions of Apache Junction. FPEs were established as a means to provide public roadway access to Federal Patent parcels, and to mitigate the need of local government to acquire right-of-way to provide access to otherwise landlocked parcels. FPEs are typically a total of 66 feet in width with 33 feet on each side of a common parcel line Third Ave. between Solana Rd. and Starr Rd. has never been opened or maintained by the City for public use. The roadway is classified as a local roadway. In addition, the FPE does not maintain access to any landlocked properties and adequate access to public rights-of-way would be available. Area transportation would not be adversely affected. David and Katherine Boron filed an application for the extinguishment on Third Ave. between Solana Rd and Starr Rd The application included a support petition signed by Philip and Lucy Ann Schmidt the adjacent property owner's, who also desire the extinguishment. The property owners desire the use of the 33 feet for reduction of setbacks and feel that additional roads are unnecessary in that area 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480)982-1055 • FAX (480)983-5752 or(480)982-8005 .•. .�. RESOLUTION NO 11-01 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE FROM SOLANA ROAD TO STARR ROAD AND DESCRIBED IN EXTINGUISHMENT CASE EX-11-01 ARE NO LONGER NECESSARY FOR PUBLIC USE AS ..•. PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY. WHEREAS, the City upon incorporation became the holder of easements as described in Docket 162 Page 94 and Docket 229 Page 41, for public roadway purposes over certain parcels of real property described in Exhibit A and depicted in Exhibit B; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4 (G) , on November 5, 2010, the fee simple owners of the property, Katherine A. Boron and David C. Boron, "Owners", filed an application, included a support petition signed by the adjacent property owners, Philip E. Schmidt and Lucy Ann Schmidt with the Apache Junction Public Works Department to extinguish the roadway easements; and WHEREAS, such easements may be extinguished by local municipal governments pursuant to A.R.S. § 9-500 . 24 and 28-7214; and WHEREAS, on November 5, 2010, the Owners also paid the required non-refundable filing fee in application for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4 (I) , the Director of Public Works on December 3, 2010, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the City Engineer, the Apache Junction Fire District, as well as all affected public utility providers; and WHEREAS, no opposition was received from Salt River Project, Southwest Gas, Arizona Water Company, and Superstition Mountain Community Facilities District to the extinguishment request. No response was received from Qwest Communications, and RESOLUTION NO. 11-01 PAGE 1 OF 3 ... As.. WHEREAS, the Public Works Director, the City Engineer, the Public Safety Department, the Development Services Department and the Fire District recommended extinguishment of the roadway easement; and WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the City Engineer has determined that the easements in question because of their locations and typography, have no or de minimus public value. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: 1) The City Council of the City of Apache Junction, Arizona finds that the roadway easements described and depicted in Exhibits A and B are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes and have no or de minimus public value. 2) The above-described easements are hereby extinguished for public roadway and right-of-way purposes. 3) Nothing in this approval extinguishes the utility easement interests of any public utility agencies/entities. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2011 . SIGNED AND ATTESTED TO THIS DAY OF , 2011 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY RESOLUTION NO. 11-01 PAGE 2 OF 3 oft. oft. City Clerk APPROVED AS TO FORM: RICHARD J. STERN Ai,m, City Attorney RESOLUTION NO. 11-01 PAGE 3 OF 3 EXHIBIT A PARCEL 1 (Adjacent to parcel 103-05-031A) The North thirty-three feet (33' ) of the Southeast quarter of the Southeast quarter of the Northwest quarter of the Southeast quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; *� 1 EXCEPT the East thirty-three feet (33' ) and the West thirty- three fee (33' ) THEREOF. PARCEL 2 (Adjacent to parcel 103-05-023B) The South thirty-three feet (33' ) of the Northeast quarter of the Southeast quarter of the Northwest quarter of the Southeast quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East thirty-three feet (33' ) and the West thirty- three feet (33' ) THEREOF. .-- EXHIBIT "B" I I I I I I I I SECOND AVENUE _ _ ± _ _ _ _ _ I - - - —Asa. I - - — — I I I 24A I I 23A I DI I 10I I I I Q 0 O - - - - cc - - - - O cc I I I I I 1 1 I 24B 1 I I 23B 1 I -- 33' 33' .-- k_ ___1 _ _ _ _ id I THIRD I -I Y I _ _ _ _ ___I _l_ -/A4(fr/4 I 33 33 I 1 1 029 1 31A I I I I I Q IZ CC — Q I - - - - < I - - - - a I < I 0 I I- I I I (f) I I 030 1 31B I I I ___] FOURTH AVENUE 26 B SURROUNDING PARCELS ---- ROAD CENTERLINE w/APROPOSED v' EXTINGUISHMENT z ROLL CALL VOTE NOTES: p VI �` ' it ITEM #____A____ ia MEETING OF I ) MOTION BY: SECONDED BY: \?__)L)A/"VINI YES NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER WILSON Lilt 4 4/177)tA/4 COUNCILMEMBER ECK V VICE MAYOR DIETZ 7 COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 9 I MOVE THAT RESOLUTION NO 11-01,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRD AVENUE FROM SOLANA ROAD TO STARR ROAD AND DESCRIBED IN EXTINGUISHMENT CASE EX-11-01 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS-OF-WAY, (BE APPROVED) OR(BE DENIED). ROLL CALL VOTE NOTES \/\\V4 ITEM# MO\ MEETING OF MOTION BY: SECONDED BY YES NO ABSTAINED VICE MAYOR DIETZ COUNCILMEMBER WILSON COUNCILMEMBER BARKER COUNCILMEMBER SERDY I COUNCILMEMBER ECK ✓ LEMAN MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Amok ITEM NO. 10 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M AND A WORK SESSION AT 7.00 P.M. BE HELD ON MONDAY, APRIL 4, 2011, IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 P M BE HELD ON TUESDAY, APRIL 5, 2011, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: '1)-C I MOVE THAT THE MEETING BE ADJOURNED AT 1 P M ROLL CALL VOTE NOTES: �� /� P"ia (-"A`k ITEM # MEETING OF 0.47"Y\ MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR DIETZ COUNCILMEMBER ECK V COUNCILMEMBER WILSON V CQuNctLA Em tN'- COUNCILMEMBER BARKER MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL r .rr. ITEM NO. 5 I MOVE THAT RESOLUTION NO 11-07, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL AND MARICOPA COUNTIES, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE PRIMARY, SPECIAL AND RECALL ELECTIONS HELD ON MARCH 8, 2011, (BE APPROVED) OR(BE DENIED). ROLL CALL fr) � r ' WS: � 1 1 REG: ` ,} SPEC CITY COUNCIL: P I A P I A P I A MAYOR INSALACO V VICE MAYOR DIETZ COUNCILMEMBER BARKER I V COUNCILMEMBER COLEMAN COUNCILMEMBER ECK tr V COUNCILMEMBER SERDY " V COUNCILMEMBER WILSON r TOTAL CITY STAFF: 4) \\A City Manager George Hoffman 7 Assistant City Manager Bryant ✓ / Powell / I� City Clerk Kathleen Connelly ✓ ' City Attorney Joel Stern Public Safety Director Jerald Monahan City Engineer Giao Pham Parks & Recreation Director Jeff Bell Finance Director Donna Meinerts Development Svcs. Director Brad Steinke Human Resources Director Liz Riley Planning Manager Fred Baker Economic Development Director Steve Filipowicz YYY Assistant to the City Manager Matt Busby OTHERS: '4,/�J