HomeMy WebLinkAbout2023 08.15 City Council Regular Agenda City of Apache Junction, Arizona Meeting location:
City Council Chambers
at City Hall
Agenda 300 E.Superstition Blvd
Apache Junction,AZ
City Council Meeting 85119
apachejunctionaz.gov
Ph:(480)982-8002
Tuesday,August 15,2023 7:00 PM City Council Chambers
A. CALL TO ORDER
B. INVOCATION AND PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. CONSENT AGENDA
The council may, at this time, take single action on any or all items listed as consent agenda items.
These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments,
acceptance of resignations and adoption of certain resolutions and other items which do not require a
public hearing. The consent agenda is a timesaving device of which the mayor and city council is to
receive documentation on these items from the city manager for their review prior to the meeting. Any
member of the council may remove any item from the consent agenda for discussion and cause a
separate vote on the matter later in the agenda.
1. 23-423 Consideration of acceptance of agenda.
Sponsors: Jennifer Pena
2. 23-424 Consideration of approval of minutes of the regular meeting of August
1, 2023.
Sponsors: Jennifer Pena
Attachments: CCMIN 2023 08 01 MINUTES
3. 23-423 Consideration of approval of entering into a contract with Viasun
Corporation for the construction of curbing for the Apache Trail
medians between Ironwood Drive and Ocotillo Drive. The work would
be through Pinal County cooperative job order contract No.175623 in
the amount of$345,520.75 plus a 10% contingency for unforeseen
change orders in the amount of$35,552.07 for a total project cost not
to exceed $380,072.82. Work will result in curbing to facilitate roadway
drainage and protection to the next phase of median beautification
improvements. Work is planned to take place between October to
November 2023.
Sponsors: Shane Kiesow
Attachments: Cit�r Council Memo4PWC2019-13D Viasun IDS AU 2023
PWC2019-13D Aoreernent-Viasun
City of Apache Junction,Arizona Page 1 Printed on 811012023
City Council Meeting Agenda August 15,2023
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
Awards,presentations from other organizations,proclamations issued by the mayor, and
acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or
donated funds are permitted at this time.
F. REGIONAL INTERGOVERNMENTAL UPDATES
The mayor or any member of council may at this time present a brief summary of any regional
intergovernmental updates. However, no discussion shall take place on such items except for clarifying
comments related to substance, time and location.
4. 23-425 Brief summary of intergovernmental updates from mayor and
councilmembers.
Sponsors: Chip Wilson
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.
5. 23-426 City Manager's Report.
Sponsors: Bryant Powell
6. 23-427 Announcement of Current Events.
Sponsors: Al Bravo
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. 23-429 Consideration of application for a new Series 6 Bar Liquor License for
Super Skies Dining & Dance Hall, 945 E Scenic Street, Apache
Junction, AZ. The next step in the process is for the council to hold a
public hearing on the application and make a recommendation of
approval or denial to the Arizona Department of Liquor License and
Control.
Sponsors: Jennifer Pena
Attachments: Memo to Council 3.15.2023
Application-Redacted
Public Safety Inspection Approval
Building Inspection A proval
Planninn Inspection Approval
SFMD inspection Approval
City of Apache Junction,Arizona Page 2 Printed on 811012023
City Council Meeting Agenda August 15,2023
1. OLD BUSINESS
The council shall consider any business that has been previously considered and which is still unfinished
to include those items previously postponed or tabled. No member of the public shall be permitted to
speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk.
J. NEW BUSINESS
The council shall consider any business not yet considered. No member of the public shall be permitted
to speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk.
K. COUNCIL DIRECTION TO STAFF
This item allows the mayor and city council to direct staff on specifically listed matters.
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
M. CALL TO PUBLIC
At this time the public has the privilege to address the council with requests, communications, comments
or suggestions relating to city business.All speakers must have already submitted a written "Request to
Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the
agenda. If there is a group speaking on the same item, they should select a spokesperson.All such
remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is
authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone
becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not
within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to
act. The council may not answer questions of the speaker, discuss the matter with one another, but may,
at the conclusion: 1)respond to criticism by a speaker,2)ask the city manager to review a matter;3)
ask the city manager to place the matter on a future agenda. Each speaker must approach the podium,
speak into the microphone,provide their name and address. There is a three(3)minute time limit per
speaker.
N. ADJOURNMENT
Copies of this agenda and additional information on any of the items listed above may be obtained from
the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through
Thursday from 7:00a-6:00p, excluding holidays.
The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and
facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617
or TDD(480)983-0095.
The Apache Junction City Council may vote to go into Executive Session for legal advice on any item
listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. §
38-431.02 to the members of the City Council and the public.
City of Apache Junction,Arizona Page 3 Printed on 811012023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 1.
File ID: 23-423
Sponsor:Jennifer Pena Agenda Date:8/15/2023
Index: In Control: City Council Meeting
Consideration of acceptance of agenda.
City of Apache Junction,Arizona Page 1 Printed on 811012023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.2.
File ID: 23-424
Sponsor:Jennifer Pena Agenda Date:8/15/2023
Index: In Control: City Council Meeting
Consideration of approval of minutes of the regular meeting of August 1, 2023.
City of Apache Junction,Arizona Page 1 Printed on 811012023
City of Apache Junction, Arizona Meeting location:
City Council Chambers
Meeting Minutes at City Hall
300 E.Superstition Blvd
CityCouncil Meeting Apache Junction,AZ
g 85119
apachejunctionaz.gov
Ph:(480)982-8002
Tuesday,August 1,2023 7:00 PM City Council Chambers
A. CALL TO ORDER
Mayor Wilson called the meeting to order at 7:00 p.m.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Schroeder gave the invocation and Councilmember Heck led the meeting attendees
in the Pledge of Allegiance.
C. ROLL CALL
Present: 7- Mayor Wilson
Vice Mayor Schroeder
Councilmember Nesser
Councilmember Heck
Councilmember Johnson
Councilmember Cross
Councilmember Soller
Staff in Attendance:
Bryant Powell, City Manager
Matt Busby, Assistant City Manager
Jennifer Pena, City Clerk
Joel Stern, City Attorney
Al Bravo, Public Information Officer
Michael Pooley, Police Chief
Rudy Esquivias, Development Services Director
Ted Wolff, Public Works Director
Evie McKinney, Deputy City Clerk
Sidney Urias, Interim Planning Manager
Nicholas Leftwich, Planner
Erika Hernandez, Associate Planner
D. CONSENT AGENDA
Councilmember Heck moved,seconded by Vice Mayor Schroeder to approve the Consent
Agenda.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
City of Apache Junction,Arizona Page 1
City Council Meeting Meeting Minutes August 1,2023
1. 23-397 Consideration of acceptance of agenda.
2. 23-398 Consideration of approval of minutes of the regular meeting of July 18,
2023.
3. 23- 75 Consideration of approval of the procurement of new and replacement
fleet vehicles outfitted with lighting and equipment in the amount of
$2,819,084.00, budgeted for the current fiscal year, 2023-2024, utilizing
the cooperative contracts with the State of Arizona Contract Numbers
CTR041810 and CTR059323 and the City of Tempe cooperative
contract number T21-003-02.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
F. REGIONAL INTERGOVERNMENTAL UPDATES
4. 23- 99 Brief summary of intergovernmental updates from mayor and
councilmembers.
Mayor Wilson shared photos of art work dedicated at the Dutchman Dog Park on August 1,
2023. The Public Arts Commission had selected the artist and art work to beautify the Dog
Park, and bring color to our community.
G. CITY MANAGER'S REPORT
5. 23-400 City Manager's Report.
City Manager Bryant Powell gave an update on the Apache Junction Library programs, giving
special attention to the Summer Reading Program.
The United States Postal Service will be offering a Hiring Fair at the Apache Junction Library,
August 2, 2023, from 10:00 a.m. -3:00 p.m.
6. 23-410 Introduction and discussion with Maricopa Association of Governments
(MAG) Executive Director, Ed Zuercher, and Air Quality presentation with
MAG Environmental Director, Tim Franquist.
Ed Zuercher, Executive Director with Maricopa Association of Governments, (MAG), gave a brief
explanation of the purpose and mission of the regional organization. He shared a presentation
on the efforts being put forth by MAG to get the Phoenix metro area in compliance with federal
air quality standards. Currently the ozone levels are a concern, and MAG is petitioning the
federal government to acknowledge the unique circumstances facing the surrounding Phoenix
valley.
Tim Franquist, MAG Environmental Director shared details and explanations on the designation
of the Phoenix valley as a "moderate non-attainment area,"and that this region is not in
compliance with the standards for ozone levels. He went on to share suggestions on what can
be done to lessen the levels, and the expectations in the next 2-4 years regarding federal
government regulations.
City of Apache Junction,Arizona Page 2
City Council Meeting Meeting Minutes August 1,2023
7. 23-351 Presentation and discussion with Chief Michael Pooley introducing
AJPD's newly appointed sergeants: Anthony Damon, Joshua DuPont,
Jesse Frantz, and Stephanie Jewell.
Chief Michael Pooley introduced the following officers who were recently promoted to Sergeant
and their years of service with the Apache Junction Police Department:
Stephanie Jewell, 8 years
Anthony Damon, 15 years
Josh Dupont, 12 years
Jesse Frantz, 11 years, currently serving on military leave so was not present at this recognition
8. 23- 01 Announcement of Current Events.
Public Information Officer Al Bravo shared the following updates:
* Chief Pooley-recently returned from a trip of successfully climbing Mount Kilimanjaro to
benefit"Angels On Patrol", a nonprofit organization with a mission to provide officer-initiated
support to community members in times of crisis.
* Boards and Commissions applications are being accepted August 1, 2023-September 15,
2023. Applications must be submitted through the City's website:
www.apachejunctionaz.gov/BoardsandCommissions
H. PUBLIC HEARINGS
9. 23-402 Presentation, discussion, public hearing, and consideration of Ordinance
No.1536, approving a rezoning by planned development as described in
case P-22-130-PZ, as requested by John Fox of William Seymour
Company, Inc; adopting by reference that certain document titled "Legal
Descriptions and Zoning Conditions of Case No. P-22-130-PZ
Authorized under Ordinance No. 1536;" repealing any conflicting
provisions; and providing for severability. This case was previously
presented and discussed at the City Council Work Session on July 17,
2023.
Councilmember Heck moved,seconded by Councilmember Nesser that Ordinance No. 1536 be
read by title only and the entire reading of the ordinance be waived.
Motion passed unanimously.
City Clerk Pena read Ordinance No 1536 by title only,repealing any conflicting provisions:and
providing for severability.
Councilmember Heck moved,seconded by Councilmember Nesser that Ordinance No. 1536 as
read by the city clerk be approved and adopted.
Yes: 6- Mayor Wilson, Councilmember Nesser, Councilmember Heck, Councilmember
Johnson, Councilmember Cross and Councilmember Soller
No: 1 - Vice Mayor Schroeder
Planning Intern Clayton Hults presented the following:
SUMMARY:
P-22-130-PZ is a proposed rezoning of parcel 101-11-003B, approximately .92 acres located at
City of Apache Junction,Arizona Page 3
City Council Meeting Meeting Minutes August 1.2V23
the southwest corner ofVV. Superstition Boulevard and N. Plaza Drive. The property is currently
zoned "RS-20" Medium Density Single-Family Detached Residential and a rezoning to
"RM-2/PD" High Density Multiple-Family Residential by Planned Development has been
requested bo facilitate u18-unit two-story duplex community.
PLANNING &ZONING COMMISSION HEARING AND RECOMMENDATION:
The Planning and Zoning Commission held a public hearing for P-22-130-PZ on June 27, 2023.
During the meeting the Planning and Zoning Commission discussed the site context and asked
questions regarding the proposed ownership, parking, landscaping, and the sight visibility
triangle at the Plaza and Superstition intersection. The Planning and Zoning Commission voted
unanimously(6-0)to recommend approval of P-22-130-PZ, subject to the conditions of approval
that were recommended in the Staff Report.
Draft Ordinance No. 1536 was drafted with Planning Staff and the Planning and Zoning
Commission's recommendation for approval. Draft Resolution No. 23-18 adopts the document
entitled "Legal Descriptions and Zoning Conditions of Case No. P-22-130-PZ Authorized under
Ordinance No. 1536^ as public record. This document contains the parcel descriptions and
conditions nf approval referenced in Draft Ordinance No. 153G.
Cuaep-22'130'PZ was presented to the City Council on Monday, July 17' 2O23, ot which time
the City Council held a brief discussion to clarify questions regarding parking, the replacement
nf the existing driveway, and the applicant's plans todevelop.
BACKGROUND:
Parcel 101-11-003Bio located at the southwest corner ofVV. Superstition Boulevard and N.
Plaza Drive and has been zoned for residential use for a single home as a Medium Density
Single-Family Detached Residential ("RS-20") property. As the property is surrounded by
commercial uses and bordered by an RV park, no house has been built here and the property
has remained undeveloped, with minor adjacent street improvements that the city has
constructed along N. Plaza Drive.
PROPOSALS:
P-22-130-PZiuu proposed Planned Development Rezoning of parcel 1O1-11-003B. from
"RS-20" Medium Density Single-Family Detached Residential to"RM-2/PD" High Density
Multiple-Family Residential by Planned Development to facilitate a 16-unit two-story duplex
community. The subject area consists ofapproximately .02 net acres, upon which sixteen (16)
units are pnnponed, resulting in a density ofapproximately 17.4 units per acre, which is within
the maximum density permitted in the^RyW-2' High Density Multiple-Family Residential zone of
twenty-two (22) units per acre. The development plan proposes eight(8)two-story buildings,
with two (2)two-bedroom units in each building. There are thirty-six(36) proposed parking
spots, with one garage parking space allotted for each unit, and the other eighteen (20) parking
spaces being an uncovered space. Four(4)of these apouoo are guest epaoao provided beyond
the minimum resident parking requirement. Access into the community is proposed only on N.
Plaza Drive, as driveway access cannot be permitted onto W. Superstition Boulevard, a main
artoria|, an close to on intersection. On-site amenities consist ofpatio spaces with picnic tables.
FINDINGS OF FACT FOR PLANNED DEVELOPMENT REZONING:
As required by the Apache Junction Zoning Ordinance, a Planned Development request may be
approved by the City Council after consideration has been given to three different criteria. The
criteria is outlined in the text below:
City Council Meeting Meeting Minutes August 1,2023
1. That a better design cannot be achieved by applying the strict provisions of the underlying
zoning district. Applicant Response: This project fits the intent by promoting the most
appropriate land use, and facilitating flexible building design, site design, and amenities. A better
design is achieved by not applying the strict provisions of the zoning district. The deviation to the
RM-2 Zone district are as follows: • Front Setback 10ft. (shown)vs 20ft. (required) • Rear
Setback 10ft. (shown)vs 20ft. (required)This is a better design outweighing the deviation to the
RM-2 requirements as follows: • Maximum Density 17.4 units/ac(shown)vs 22 units/ac
(allowed) • Onsite parking spaces 18 (shown)vs (16 required)•Additional offsite parking is
available as developed by the City of Apache Junction for the use allowed to the general public.
Planning Division Note: The applicant indicated that reducing the setbacks allowed them to
increase the density to reach the higher density goals of the Downtown Mixed Use area, while
still providing more parking than the minimum requirement. They also note that the plan to utilize
the off-site on-street parking along N. Plaza Drive, however this cannot be included in the
applicant's parking requirement, as they must be self-sufficient within their own site.
2. That strict adherence to the provisions of the zoning ordinance is not required in order to
ensure the health, safety and welfare of the inhabitants of the proposed development. Applicant
Response: The two minor deviations to the RM-2 Zoning ordinance will not affect the health,
safety, and welfare of the inhabitants of the development.
3. That strict adherence to the ordinance is not required to ensure that property values of
adjacent properties will not be reduced. Applicant Response: The two minor deviations to the
R-2 Zoning ordinance will not reduce the property values of adjacent properties. Adjacent to this
development is a mobile home park, and rehabilitation center, both vastly different uses to this
site. New construction always enhances the neighborhood.
PLANNING DIVISION RECOMMENDATION:
In review of the project proposal, the conditions and context of the subject site, the General Plan
land use designation, and the need for downtown housing, Staff is supportive of the proposed
rezoning P-22-130-PZ and respectfully recommends to the Commission a favorable
recommendation to the City Council, subject to the conditions of approval noted below. As
always, Commissioners may recommend changes or additional conditions which they feel will
improve the development plan.
Council members shared concerns and discussion regarding parking at this facility, which staff
and the applicant did address.
Mayor Wilson opened the Public Hearing.
Donna Carr, 2178 W. Virginia St, Apache Junction, expressed her concerns regarding parking
and setbacks at this facility.
Charlene Lockwood, 235 W. Tepee St,Apache Junction, shared thoughts regarding sufficient
parking and sidewalks to be included in this project.
Jane Brown, Val Vista Rd, Apache Junction, voiced her concerns with the size and number of
rooms in this facility as well as the parking.
Catherine Meek, 1327 S. Belair Rd, Apache Junction, queried on the rate of car ownership.
City of Apache Junction,Arizona Page 5
City Council Meeting Meeting Minutes August 1,2023
John Fox, project applicant, stated he has gone through all requirements according to the
Planning and Zoning process, and during the process there were no concerns brought forward
by the public.
Mayor Wilson closed the Public Hearing.
10. 23-403 Presentation, discussion, public hearing and consideration of Resolution
No. 23-18, declaring as a public record that certain document filed with
the City Clerk and entitled "Legal Descriptions and Zoning Conditions of
Case No. P-22-130-PZ Authorized under Ordinance No. 1536;"
repealing any conflicting provisions and providing for severability.
Councilmember Heck moved,seconded by Councilmember Nesser that Resolution No.23-18,a
resolution of the Mayor and City Council of the City of Apache Junction,Arizona,declaring as a
public record,that certain document filed with the city clerk entitled"Legal Descriptions and
Zoning Conditions of Case No.P-22-130-PZ authorized under Ordinance No.1536 for a Planned
Development Rezoning of approximately.92 net acres repealing any conflicting provisions and
providing for severability be approved.
Yes: 6- Mayor Wilson, Councilmember Nesser, Councilmember Heck, Councilmember
Johnson, Councilmember Cross and Councilmember Soller
No: 1 - Vice Mayor Schroeder
11. 23-404 Presentation, discussion, and public hearing, of Case P-23-16-AM, a
proposed text amendment of Zoning Ordinance Article 1-7: Parking,
Loading and Circulation Regulations regarding requirements for guest
parking, electric vehicle parking, accessible parking, motorcycle, and
bicycle parking. This case was previously presented and discussed at
the City Council Work Session on July 17, 2023, and is requested to be
continued in coordination with P-23-15-AM.
Councilmember Soller moved,seconded by Councilmember Nesser to continue Case P-23-16-AM
to the City Council meeting on Tuesday,September 5,2023.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
City Planner Nicholas Leftwich provided the following summary of the proposal:
BACKGROUND:
Per the Planning and Zoning Commission direction to Staff given on December 13, 2022,
subsequent work session discussions were held on February 14, 2023 and April 11, 2023
where the Planning and Zoning Commission provided recommendations for revisions and
topics of study regarding parking, focusing on guest parking and related parking deficiencies as
addressed by the Apache Junction City Code, Volume Il, Land Development Code, Chapter 1:
Zoning Ordinance, Article 1-7: Parking, Loading and Circulation Regulations, which Staff has
incorporated in to the proposed amendment. On May 9, 2023, the most recent revision of the
proposed text amendment was presented in a final work session, within which the Planning and
Zoning Commission indicated the proposed text amendment was acceptable to be reviewed in
a formal public hearing. The Planning and Zoning Commission and Planning Staff prepared the
City of Apache Junction,Arizona Page 6
City Council Meeting Meeting Minutes August 1,2023
proposed text amendment, by evaluating the city's parking conditions and expected parking
needs. New entries to the parking regulations of Article 1-7: Parking, Loading and Circulation
Regulations have been made to correct minor organizational issues, correct spelling errors, and
to provide clarity regarding existing code standards, such as the accessible parking
requirements.
PROPOSAL:
The draft amendment is being presented to the Planning and Zoning Commission for their
recommendation to the City Council. The proposed text amendment is case P-23-16-AM, a
request to amend Apache Junction City Code, Volume II, Land Development Code, Chapter 1:
Zoning Ordinance, Article 1-7: Parking, Loading and Circulation Regulations.
PLANNING DIVISION RECOMMENDATION:
Planning staff recommends approval of the proposed text amendment to update the Apache
Junction City Code, Volume 11, Land Development Code, Chapter 1: Zoning Ordinance, Article
1-7: Parking, Loading and Circulation Regulations.
Mr. Leftwich concluded that staff is requesting this item be scheduled for further discussion and
consideration at the September 5, 2023, City Council meeting.
Mayor Wilson opened the Public Hearing.
Andre Meek, 1327 S. Belair Rd, Apache Junction, shared comments regarding the addition of
specified bicycle and motorcycle parking. He also commented on the EV charging stations.
Donna Carr, Apache Junction, commented on the type of bicycle riders in Apache Junction.
Jane Brown, Val Vista Rd, Apache Junction, spoke on EV charging stations and requirements
that need to be included with the installations.
Mayor Wilson closed the Public Hearing.
12. 23-405 Presentation, discussion, and public hearing of case P-23-15-AM, a
proposed text amendment to Article 1-7: Parking, Loading and
Circulation Regulations to allow single-family residential lots with a
minimum of 1.25-gross acres to store one (1) nonmotorized horse trailer
with integrated living quarters or one (1) motorized recreational vehicle
with an integrated horse trailer in addition to the existing recreational
vehicle limitation. This case was previously presented and discussed at
the City Council work session on July 17, 2023, and is scheduled for a
public hearing on August 1, 2023.
Councilmember Cross moved,seconded by Councilmember Soller to continue Case P-23-15-AM to
the City Council meeting on Tuesday,September 5,2023.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
City of Apache Junction,Arizona Page 7
City Council Meeting Meeting Minutes August 1.2V23
City Planner Erika Hernandez shared the following summary:
BACKGROUND:
Per the direction to Staff given by the Planning and Zoning Commission on December 13, 2022,
Staff researched Arizona Revised Statutes' definitions of recreational vehicles, trailers, and toy
haulers and the location in which these vehicles may be parked to provide recommendations for
a text amendment. On February 14, 2023, Staff provided a brief update with preliminary findings
to the Planning and Zoning Commission. Staff explained that the City utilizes much of the same
language when defining a recreational vehicle as the Arizona Revised Statutes. On May 9, 2023,
Staff presented additional findings to the Planning and Zoning Commission during a work
session. Staff reiterated that the City utilizes much of the same language when defining a
recreational vehicle as the Arizona Revised Statutes.
Additionally, Staff showed recreational vehicle limitations in surrounding municipalities. Staff
recommended against adding or changing definitions, as there currently is no limitation on the
number of trailers that can be stored on a single-family residential lot. Staff also recommended
allowing one (1)additional recreational vehicle with an integrated horse trailer on single-family
residential lots with a minimum uf1.25'grooeacres.
PLANNING DIVISION RECOMMENDATION:
Though the A.R.S. and the City define horse trailers with integrated living quarters as a
recreational vehicle, the public generally considers these vehicles as trailers. Staff has since
modified the language of the drafted amendment to reflect these changes. As a result, Staff
recommends allowing single-family residential lots with a minimum of 1.25-gross acres to have
one (1) nonmotorized horse trailer with integrated living quarters or one (1) motorized
recreational vehicle with an integrated horse trailer, designed with the intent of transporting
equine. Though a number of municipalities do not specify a listed limitation for RV parking and
storing, the rationale supporting the limitation recommendation of one (1) is that the City has had
a long history ofcode compliance cases due to properties misusing single-family residential
properties aa storage lots. Bypnovidingonumber|imitaUon. thiainiUaUveutrengthenotheCib/'o
ability to reduce potential blight, nuisance and code cases. Staff also recommends simplifying
the language in this section in regard to the location requirement for such vehicles and trailers.
The simplification and clarification of text language will aid in avoiding potential contradictions
and misinterpretations. Staff will also use this opportunity to revise grammatical errors,
unrelated to recreational vehicles, for additional clarity and general ease of understanding.
Ms. Hernandez concluded with requesting the council's guidance on specific parameters to be
included in the possible text Amendment, based on staff recommendations, and that this item
be continued on the September 5. 2023. council meeting.
Mayor Wilson opened the Public Hearing.
/\ndnu Meek, 1327 S. Ba|air Rd, Apache Junction, commented on the number ofRV'o allowed
on private property, decreasing the lot size for the allowable number of RV's, and better
clarification in the text.
George Schroeder, 2444VV. Virginia St, Apache Junction, expressed concerns regarding the
current number ofRV'a parked in his neighborhood.
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City Council Meeting Meeting Minutes August 1,2023
George Martinez, 1075 S. Cortez Rd, Apache Junction, shared comments on the number of
RV's currently allowed and what is being proposed, and thanked the council for looking into this.
Donna Carr, 2178 W.Virginia St, Apache Junction, spoke on HOA's and the fact that some
people have several "toys", go-karts, motorcycles,ATV's, which they have worked hard for.
Wade Jones, 2975 E. 22nd St, Apache Junction, commented on the proposed number of RV's
on personal property and the restrictions that cause some people to not live in Apache Junction.
Jane Brown, Val Vista Rd, Apache Junction, shared her thoughts on the number of horse trailers
per parcel and possibly exempting the regulations during Lost Dutchman Days.
Todd House, 5027 E. Hidalgo St,Apache Junction, shared concerns on current code
compliance violations, interface with Pinal County and possible confusion in the regulations, and
how this proposed increase of units on personal property may affect storage businesses in
Apache Junction.
Senior Planner Sidney Urias gave clarification on what the current code classifies as RV's.
Mayor Wilson closed the Public Hearing.
I. OLD BUSINESS
J. NEW BUSINESS
K. COUNCIL DIRECTION TO STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
M. CALL TO PUBLIC
Maggie Berizzi, 2965 W. Tonto St, Apache Junction, introduced "Begin Again Homes", a newly
organized non-profit agency that services parents with young children that are temporarily
unsheltered in the Apache Junction area. She also shared the future goals for this organization.
Jane Brown, Val Vista Rd, Apache Junction, commented on the need of more cooling stations in
Apache Junction. She also shared comments on the ozone levels.
Donna Carr, 2178 W. Virginia St, Apache Junction, commented on the ozone issues that were
previously mentioned during this meeting, the current building developments in Apache Junction,
and how Goodwill is assisting the homeless.
George Schroeder, 2444 W. Virginia St, Apache Junction, commented on libraries being
requested to disassociate from the ERIC system, trash service in Apache Junction, and code
compliance regarding living in RV's.
Andre Meek, 1327 S. Belair Rd, Apache Junction, commented on ozone offsets, and vouchers
being issued to homeless individuals that are not being accepted at some organizations.
City of Apache Junction,Arizona Page 9
City Council Meeting Meeting Minutes August 1,2023
N. ADJOURNMENT
Mayor Wilson adjourned the meeting at 9:48 p.m.
ACCEPTED THIS DAY OF 12023, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS DAY OF 2023.
WALTER"CHIP"WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
CITY COUNCIL MINUTES
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
regular meeting of the City Council of the City of Apache Junction, Arizona, held on the
day of , 2023. 1 further certify that the meeting was duly
called and held and that a quorum was present.
Dated this day of 2023.
JENNIFER PENA
City Clerk
City of Apache Junction,Arizona Page 10
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 3.
File ID: 23-428
Sponsor: Shane Kiesow Agenda Date:8/15/2023
Index: In Control: City Council Meeting
Consideration of approval of entering into a contract with Viasun Corporation for the
construction of curbing for the Apache Trail medians between Ironwood Drive and Ocotillo
Drive. The work would be through Pinal County cooperative job order contract No.175623 in the
amount of$345,520.75 plus a 10% contingency for unforeseen change orders in the amount of
$35,552.07 for a total project cost not to exceed $380,072.82. Work will result in curbing to
facilitate roadway drainage and protection to the next phase of median beautification
improvements. Work is planned to take place between October to November 2023.
City of Apache Junction,Arizona Page 1 Printed on 811012023
Public Works Department
Home of'the Superstition Mountains
.ter.
Date: July 31, 2023
To: Mayor and Members of the City Council
Through: Bryant Powell, City Manager
Ted Wolff, Public Works Director
From: Shane Kiesow, Public Works Manager
Subject: Project# PWC2019-13D Award
City staff respectfully requests city council consideration of award of contract to Viasun
Corporation for project PWC2019-13D for the installation of curbing for the Apache Trail
medians between Ironwood Drive and Ocotillo Drive for a not to exceed amount including 10%
contingency for unforeseens of$380,072.82.
This work was discussed with council at the July 18, 2023 City Council regular session under
Public Works' "Fiscal Year 2024 CIP & Street Maintenance Plan." The work involves the
construction of cement concrete curbs around the medians to facilitate roadway drainage and
protect landscape improvements planned for these median areas. The work would last for
about two to three weeks planned for in the October— November 2023 timeframe. Work would
occur during the daytime hours only with limited impacts to vehicular traffic lanes and no
impacts expected to adjacent business entrances.
575 E. Baseline Avenue, Apache Junction, AZ 85219
Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005
CITY OF APACHE JUNCTION
STREET MAINTENANCE AGREEMENT
PROJECT NO.: PWC2019-13D
"Apache Trail Median Curbs, Phase 4"
THIS AGREEMENT made and entered into by and between the CITY OF
APACHE JUNCTION ("City"), an Arizona municipal corporation, and VIASUN
CORPORATION, an Arizona corporation, ("Contractor"), sometimes collectively
referred to as the "Parties", or individually as a "Party".
RECITALS
A. Contractor asserts its willingness, ability and qualifications to provide
the completed products, goods and services (the "Work") called for in
Pinal County cooperative job order contract no. 175623, Contractor's
estimate (attached hereto as Exhibit A) dated July 10, 2023 (the
"Contract Documents").
B. City and Contractor desire to set forth herein their respective
responsibilities and the manner and terms upon which Contractor shall
complete the Work.
C. City has complied with the public bidding requirements under Arizona
Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Code,
Vol. I, Chapter 3, Administration, Article 3-7, Procurement Procedures,
or such Work is categorically exempt from such process.
AGREEMENT
NOW, THEREFORE, City retains Contractor to perform, and Contractor
agrees to render the Work 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 and as more fully described in the Contract Documents.
2. PAYMENTS & COMPLETION: The total amount payable by the City
to the Contractor is an amount not to exceed Three Hundred Forty-Five
Thousand Five Hundred Twenty Dollars and Seventy-Five Cents ($345,520.75)
(the "Contract Sum") for the performance of the Work under the Contract
Documents. 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. Once
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 its knowledge, information and belief 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 balance
due the Contractor is payable.
3. CONTRACT TERM: Upon Notice to Proceed given by the City,
Contractor shall begin Work no sooner than October 9, 2023 and shall complete
it no later than January 9, 2024. This provision does not limit the liability of
Contractor for actual damages sustained by City as a result of any breach of
contract or warranty by Contractor. Extensions may be approved at times as
the Parties mutually deem fit.
4. LABOR AND MATERIALS: Unless otherwise provided in the
Contract Documents, Contractor shall provide, pay for and insure under the
requisite laws and regulations 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.
5. INSPECTIONS AND QUALITY OF WORK: Contractor understands
and agrees that inspection of the Work 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. Contractor further agrees to make such corrections to
the Work as may be directed by City to conform to said Contract Documents.
6. WARRANTY: Contractor shall guarantee the Work against defective
workmanship or materials for a period of one (1) 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 maintenance Work shall not be deemed an
acceptance and Contractor will be required to correct defective Work or
materials at any time before acceptance. Within one (1) year from the date of
acceptance due to faults in workmanship or materials, 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 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 of the Contract Documents, Contractor shall provide or
secure from the appropriate subcontractor 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
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Contractor from any obligation assumed under any other provision of the
contract. The warranties and guarantees provided in this subsection 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.
7. TAXES: Contractor shall pay all license, sales, transaction privilege,
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.
8. PERMITS & FEES: Unless otherwise provided in the Contract
Documents, Contractor shall secure and pay for all permits, government 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. City permits for this Work will be provided to
Contractor at no cost. Contractor represents and warrants that any license
necessary to perform the work under this Agreement is current and valid.
Contractor understands that the activity described herein constitutes "doing
business in the City of Apache Junction" and Contractor agrees to obtain a
business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I,
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 6. Contractor also acknowledges that
the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply
and if so, shall obtain a transaction privilege license and/or other licenses as
may be required by the city code. Any activity by subcontractors within the
corporate city limits will invoke the same licensing regulations on any
subcontractors, and Contractor ensures its subcontractors will obtain any and
all applicable licenses. Further, Contractor agrees to pay all applicable
privilege and use taxes that are applicable to the activities, products and
services provided under this Agreement.
9. 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
3
Work required by the Contract Documents. Contractor shall be responsible to
City for the acts and omissions of its employees, subcontractors and their
agents and employees and other persons providing any of the Work.
10. 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 shall be designated for each project
and communicated to City before the Work is performed.
11. PROGRESS SCHEDULE: Contractor shall, immediately after
entering into this Agreement, generate an estimated Work progress schedule,
which shall be maintained and updated during the project. Work may progress
during regular City business hours only if it is determined by City not to disturb
normal operations.
12. INDEMNIFICATION: To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless City, its elected and
appointed officers, officials, agents, and employees from and against any and all
liability including but not limited to demands, claims, actions, fees, costs and
expenses, including attorney and expert witness fees, arising from or connected
with, or alleged to have arisen from or connected with, relating to, arising out of,
or alleged to have resulted from the acts, errors, mistakes, omissions, the Work
or services of Contractor, its agents, employees, or any tier of Contractor's
subcontractors in the performance of this Agreement, but only to the extent
caused by the negligence, recklessness or intentional wrongful conduct of
Contractor or its subcontractors in the performance of this Agreement or any
subcontract. Contractor's duty to defend, hold harmless and indemnify City,
any special districts, elected and appointed officers, officials, agents, and
employees shall arise in connection with any tortious claim, damage, loss or
expense that is attributable to bodily injury, sickness, disease, death, or injury
to, impairment, or destruction of property including loss of use resulting
therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or
services in the performance of this Agreement including any employee of
Contractor, any tier of Contractor's subcontractor or any other person for
whose acts, errors, mistakes, omissions, work or services Contractor may be
legally liable.
13. 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.
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14. APPLICABLE LAW AND VENUE: The terms and conditions of this
Agreement shall be governed by and interpreted in accordance with the laws of
the State of Arizona. Any action at law or in equity brought by either Party for
the purpose of enforcing a right or rights provided for in this Agreement, shall
be tried in a court of competent jurisdiction in Pinal County, State of Arizona.
The Parties hereby waive all provisions of law providing for a change of venue in
such proceeding to any other county. In the event either Party shall bring suit to
enforce any term of this Agreement or to recover any damages for and on
account of the breach of any term or condition in this Agreement, it is mutually
agreed that the prevailing Party in such action shall recover all costs including:
all litigation and appeal expenses, collection expenses, reasonable attorney
fees, necessary witness fees and court costs to be determined by the court in
such action.
15. INSURANCE: Contractor, at its own expense, shall purchase and
maintain the herein stipulated minimum insurance with companies duly licensed,
possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in
the State of Arizona with policies and forms satisfactory to City.
All insurance required herein shall be maintained in full force and effect until all
Work required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted; failure to do so may, at the sole
discretion of City, constitute a material breach of this Agreement.
Contractor's insurance shall be primary insurance as respects the City, and any
insurance or self-insurance maintained by City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance
policies or any breach of an insurance policy warranty shall not affect coverage
afforded under the insurance policies to protect City.
The insurance policies, except Workers' Compensation, shall contain a waiver
of transfer rights of recovery (subrogation) against City, its agents, officers,
officials and employees for any claims arising out of Contractor's acts, errors,
mistakes, omissions, Work or service.
The insurance policies may provide coverage which contains deductibles or
self-insured retentions. Such deductible and/or self-insured retentions shall not
be applicable with respect to the coverage provided to City under such policies.
Contractor shall be solely responsible for the deductible and/or self 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
5
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 and Professional
Liability, required by this Agreement, shall name City, its agents, officers,
officials and employees as Additional Insureds.
REQUIRED COVERAGE
Commercial General Liability
Contractor shall maintain Commercial General Liability insurance with a limit of
not less than $1,000,000 for each occurrence with a $2,000,000
Products/Completed Operations Aggregate and a $2,000,000 General
Aggregate limit. The policy shall include coverage for bodily injury, broad form
property damage, personal injury, products and completed operations and
blanket contractual coverage including, but not limited to, the liability assumed
under the indemnification provisions of this Agreement, which coverage will be
at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG
00011093, or the equivalent thereof.
Such policy shall contain a severability of interest provision, and shall not
contain a sunset provision or commutation clause, nor any provision which
would serve to limit third party action over claims.
The Commercial General Liability additional insured endorsement shall be at
least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form
B, CG 20101185, or the equivalent thereof, 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,
Contractor shall purchase and maintain, at all times during prosecution of the
Work, under this Agreement, an Owner and Contractor's Protective Liability
insurance policy for bodily injury and property damage, including death, which
may arise in the prosecution of Contractor's Work, under this Agreement.
Coverage shall be on an occurrence basis with a limit not less than $1,000,000
per occurrence, and the policy shall be issued by the same insurance company
that issues Contractor's Commercial General Liability insurance.
Automobile Liability
Contractor shall maintain Commercial/Business Automobile Liability insurance
with a combined single limit for bodily injury and property damage of not less
than $1,000,000 each occurrence with respect to Contractor's owned, hired,
6
and non-owned vehicles assigned to or used in performance of Contractor's
Work. Coverage will be at least as broad as coverage code 1, "any auto",
(Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent
thereof). Such insurance shall include coverage for loading and off loading
hazards. If hazardous substances, materials or wastes are to be transported,
MCS 90 endorsement shall be included and $5,000,000 per accident limits for
bodily injury and property damage shall apply.
Workers' Compensation
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; and, Employer's Liability
insurance of not less than $100,000 for each accident, $100,000 disease for
each employee, and $500,000 disease policy limit.
By execution of this Agreement, Contractor certifies as follows:
"I am aware and understand the provisions of A.R.S. § 23-901 et seq.
which requires every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of this chapter, and I will comply with such provisions before
commencing the performance of the Work of this Agreement."
If Contractor has no employees for whom workers' compensation insurance is
required, Contractor shall submit a declaration or affidavit to City so stating and
covenanting to obtain such insurance if and when Contractor employs any
employees subject to coverage.
In case any work is subcontracted, Contractor will require subcontractors to
provide Workers' Compensation and Employer's Liability insurance to at least
the same extent as required of Contractor.
Certificates of Insurance
Prior to commencing Work or services under this Agreement, Contractor shall
furnish City with Certificates of Insurance, or formal endorsements as required
by the 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. The form of the certificates of insurance
and endorsements shall be subject to the approval of the Apache Junction City
Attorney's Office, shall comply with the terms of this Agreement, and shall be
issued and delivered to City Attorney, City of Apache Junction, 300 East
Superstition Boulevard, Apache Junction, AZ, 85119.
In the event any insurance policies required by this Agreement are written on a
"claims made" basis, coverage shall extend for two (2) years past completion
7
and acceptance of Contractor's Work and as evidenced by annual Certificates
of Insurance.
If a policy does expire during the life of the Agreement, a renewal certificate
must be sent to City thirty (30) calendar days prior to the expiration date.
All Certificates of Insurance shall be identified with bid serial number and title.
Policies or certificates and completed forms of City's Additional Insured
Endorsement (or a substantially equivalent insurance company form acceptable
to the City Attorney) evidencing the coverage required by this section shall be
filed with the City and shall include the City as an additional insured. The policy
or policies shall be in the usual form of a public liability insurance, but shall also
include the following provision:
"Solely as respects work done by or on behalf of the named insured
for the City of Apache Junction, it is agreed that the City of Apache
Junction and its officers and employees are added as additional
insureds under this policy."
Insurance required herein shall not expire, be canceled, or materially changed
without thirty (30) calendar days' prior written notice to City.
16. CHANGE ORDERS: A change order is a written order to Contractor,
approved by the City representative, issued after execution of this maintenance
agreement authorizing a change in the Work or an adjustment in the
maintenance agreement sum or the maintenance agreement time. A change
order signed by Contractor indicates their agreement therewith. City may,
without invalidating this maintenance agreement, order changes in the Work
within the general scope of the maintenance agreement consisting of additions,
deletions or other revisions, the maintenance agreement sum and the
maintenance agreement being adjusted accordingly. All such changes in the
Work shall be authorized by change order and shall be performed under the
applicable conditions of this maintenance agreement. The City representative
shall have authority to order minor changes in the Work not involving an
adjustment in the maintenance agreement sum or extension of maintenance
agreement time and not inconsistent with the intent of this maintenance
agreement. All such changes shall be effected by written order and shall be
binding upon City and Contractor.
17. SUCCESSORS ASSIGNMENT & DELEGATION: City and Contractor
each bind themselves, their partners, successors, assigns and legal
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 or
delegates the duties thereunder, without the written consent of the other, nor
8
shall Contractor assign any monies due or to become due to it without the
previous written consent of City.
18. 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.
19. 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.
20. PAYMENT & PERFORMANCE BONDS: 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. When required,
standard bond forms must be completed by Contractor, and Contractor agrees
to conform to all provisions set forth in such forms.
21. SAFETY: Contractor and/or its subcontractors shall be solely
responsible for job safety at all times.
22. 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.
23. FORCE MAJEURE: Neither City nor Contractor, as the case may
be, shall be considered not to have performed its obligations under this
Agreement in the event of enforced delay (an "Enforced Delay") due to causes
beyond its control and without its fault or negligence or failure to comply with
applicable laws, including, but not restricted to, acts of God, fires, floods,
epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and
unusually severe weather or the delays of subcontractors or materialmen due to
such causes, acts of a public enemy, war, terrorism or act of terror (including
but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade,
insurrection, riot, labor strike or interruption, extortion, sabotage, or similar
occurrence or any exercise of the power of eminent domain of any governmental
body on behalf of any public entity, or a declaration of moratorium or similar
9
hiatus (whether permanent or temporary) by any public entity directly affecting
the obligations under this Agreement. In no event will Enforced Delay include
any delay resulting from unavailability for any reason of labor shortages, or the
unavailability for any reason of particular Contractors, subcontractors, vendors
or investors desired by Contractor in connection with the obligations under this
Agreement. Contractor agrees that Contractor alone will bear all risks of delay
which are not Enforced Delay. In the event of the occurrence of any such
Enforced Delay, the time or times for performance of the obligations of the Party
claiming delay shall be extended for a period of the Enforced Delay; provided,
however, that the Party seeking the benefit of the provisions of this Section
shall, within thirty (30) calendar days after such Party knows or should know of
any such Enforced Delay, first notify the other Party of the specific delay in
writing and claim the right to an extension for the period of the Enforced Delay;
and provided further that in no event shall a period of Enforced Delay exceed
ninety (90) calendar days.
24. TERMINATION:
A. TERMINATION BY CITY: City shall be permitted to terminate this
Agreement if in the discretion of the city manager or his or her designee, they
believe Contractor has failed to meet the terms of this Agreement. City shall
provide Notice of Termination to Contractor by Certified U.S. Mail ten (10)
calendar days before such termination takes effect.
B. TERMINATION BY CONTRACTOR: Contractor may terminate
this Agreement if City fails to make payment as agreed upon in this document.
Any other termination will be deemed a breach of contract by Contractor.
Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten
(10) calendar days before such termination takes effect.
25. 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.
26. 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. The representatives of the Parties (signatory for Contractor noted
below or his or her designee, and the City Manager, or his or her designee), shall
be authorized to execute future amendments or extensions of this Agreement.
10
27. ENTIRE AGREEMENT: This Agreement and any attachments
represent the entire agreement between City and Contractor and supersede all
prior negotiations, representations or agreements, either express or implied,
written or oral. It is mutually understood and agreed that no alteration or
variation of the terms and conditions of this Agreement shall be valid unless
made in writing and signed by the Parties hereto. Written and signed
amendments shall automatically become part of the supporting documents, and
shall supersede any inconsistent provision therein; provided, however, that any
apparent inconsistency shall be resolved, if possible, by construing the
provisions as mutually complementary and supplementary.
28. SEVERABILITY: City and Contractor each believe that the execution,
delivery and performance of this Agreement are in compliance with all
applicable laws. However, in the unlikely event that any provision of this
Agreement is declared void or unenforceable (or is construed as requiring City
to do any act in violation of any applicable laws, including any constitutional
provision, law, regulation, or city code), such provision shall be deemed severed
from this Agreement and this Agreement shall otherwise remain in full force and
effect; provided that this Agreement shall retroactively be deemed reformed to
the extent reasonably possible in such a manner so that the reformed agreement
(and any related agreements effective as of the same date) provide essentially
the same rights and benefits (economic and otherwise) to the Parties as if such
severance and reformation were not required. Unless prohibited by applicable
laws, the Parties further shall perform all acts and execute, acknowledge and/or
deliver all amendments, instruments and consents necessary to accomplish and
to give effect to the purposes of this Agreement, as reformed.
29. TIME IS OF THE ESSENCE: Time is of the essence with respect to
all provisions in this Agreement. Any delay in performance by either Party shall
constitute a material breach of this Agreement.
30. CONFLICT OF INTEREST: This Agreement is subject to, and may be
terminated by City in accordance with, the provisions of A.R.S. § 38-511.
31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE
IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§
35-393 through 35-393.03, as amended, which forbids public entities from
contracting with Contractors who engage in boycotts of the State of Israel.
Should Contractor under this Agreement engage in any such boycott against the
State of Israel, this Agreement shall be deemed automatically terminated by
operation of law. Any such boycott is a material breach of contract.
32. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor
understands and acknowledges the applicability of the American with
Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug
Free Workplace Act of 1989 to the services performed under this Agreement.
11
As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance
with all federal immigration laws and regulations that relate to its employees and
A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee,
Contractor will verify the employment eligibility of the employee through the E-
Verify program. If Contractor uses any subcontractors in performance of
services, subcontractors shall warrant their compliance with all federal
immigration laws and regulations that relate to its employees and A.R.S. § 23-
214(A), and subcontractors shall further warrant that after hiring an employee,
such subcontractor verifies the employment eligibility of the employee through
the E-Verify program. A breach of this warranty shall be deemed a material
breach of the Agreement that is subject to penalties up to and including
termination of this Agreement. Contractor is subject to a penalty of $100 per
day for the first violation, $500 per day for the second violation, and $1,000 per
day for the third violation. City at its option may terminate this Agreement after
the third violation. Contractor shall not be deemed in material breach of this
Agreement if the Contractor and/or subcontractors establish compliance with
the employment verification provisions of Sections 274A and 274B of the federal
Immigration and Nationality Act and the E-Verify requirements contained in
A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any
Contractor or subcontractor employee who works under this Agreement to
ensure that the Contractor or subcontractor is complying with the warranty.
Any inspection will be conducted after reasonable notice and at reasonable
times. If state law is amended, the Parties may modify this paragraph consistent
with state law.
----- SIGNATURES TO BE ON FOLLOWING PAGES -----
12
IN WITNESS WHEREOF the Parties hereto have caused this Agreement to
be signed by their duly authorized representative as of this day of
, 2023.
CONTRACTOR
VIASUN CORPORATION an Arizona
corporation
By
Its, m
CITY.
CITY OF APACHE JUNCTION, ARIZONA,
an Arizona municipal corporation
By falter"Chip"Kilo
ATTEST:
Jennifer Pena
City Clem
APPROVED AS TO FORT I
Richard J. Stern
City Attorney
1
STATE OF Ari
ss=
County of rwe-a
The foregoing was subscribed and sworn to before me this
daft of MA y , 2023, by -yr Of
Viasun Corporation, an Arizona corporation.
x srar BEATRICE 7 ACOSTA
=. PBotarytubli -
Arizona
-f s' Marieopa County
4/p Commission#546674
'?% my Comm.Expires Jan 3,2025 otary Public
My Commission Expires:
STATE OF ARIZONA
ssk
COUNTY OF PINAL
The foregoing was subscribed and sworn to before me this
day of __ , 2023, by Walter"Chip"Wilson, as Mayor of the City
of Apache Junction, Arizona, an Arizona municipal corporation.
Notary Public
My Commission Expires:
14
EXHIBIT,
3621 E,Superior Auer
Phoenix,Arizona 85040
Phone 480)268-9669
1•
Pax.(480)223-629
ISun Corporation
Date:;'711 12023 220048
Apache Jun ti n
ache Trttsl�dtat Ctx #lrinol JC * 7563 f ivll bttslrtttlon ricas
Item tto< Ctaacrl'tlon vantlt tlnit tlrtlt Cost aunt
Apache Trail Median Curly
amr tams
10 General Conditions 20 DAY $2,250a $45,00HO
20 Mobilization 1 LS $3,500,00 $.3,500 00
30 Traffic Control I flatricading 20 DAY $1,850,00 $37,000.00
40 duality Control Testing 1 LS $300.00 $3,800.00
60 Owners Allowance I LS $20,000,00 $20,0000
Subtotal General Items 10.7
Work Items
60 Asphalt Saw Cutting 2789 LF $2.98 $8,313.
70 Remove and Haul Existing Asphalt 215 " .94 $1`I, 8110
80 Install New Scupper and Rip Rap Drainage Opening 7 Fit. $2,580,00 $18,060 00
90 Install New MAG 222 Concrete Curti 2768 t.F $42,84 $118,581;1
100 Replace Asphalt 1 Patching Along New Curb 60 TN $352, 4 $17,63100
110 Pavement Markings 1 LS $6,500,00 $6,5 00
%00
3:00
Subtotal Work Items $180,466A4
Total Direct Cost $289,766A4
Snlr#1e
Subtotal $289,766.44
Indlreet Cost
00 Overhead profit 9,60% $27, 2 , 1
Subtotal $27,6 7.81
Total $317,2845
10Insurance 1000% $3,172,94
0 Bond 1,50004 $4,759,41
Subtotal $ 25, 26.60
Sales Tax 624% $20,294,14_
Total $346,620.76
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.4.
File ID: 23-425
Sponsor: Chip Wilson Agenda Date:8/15/2023
Index: In Control: City Council Meeting
Brief summary of intergovernmental updates from mayor and councilmembers.
City of Apache Junction,Arizona Page 1 Printed on 811012023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 5.
File ID: 23-426
Sponsor: Bryant Powell Agenda Date:8/15/2023
Index: In Control: City Council Meeting
City Manager's Report.
City of Apache Junction,Arizona Page 1 Printed on 811012023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.6.
File ID: 23-427
Sponsor:Al Bravo Agenda Date:8/15/2023
Index: In Control: City Council Meeting
Announcement of Current Events.
City of Apache Junction,Arizona Page 1 Printed on 811012023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.7.
File ID: 23-429
Sponsor:Jennifer Pena Agenda Date:8/15/2023
Index: In Control: City Council Meeting
Consideration of application for a new Series 6 Bar Liquor License for Super Skies Dining &
Dance Hall, 945 E Scenic Street, Apache Junction, AZ. The next step in the process is for the
council to hold a public hearing on the application and make a recommendation of approval or
denial to the Arizona Department of Liquor License and Control.
City of Apache Junction,Arizona Page 1 Printed on 811012023
73
W11 City of Apache Junction
m
1Z0 Home of the Superstition Mountains
AUGUST 15, 2023
MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL
THROUGH: BRYANT POWELL, CITY MANAGER
JENNIFER PENA, CITY CLERK
FROM: EVIE MCKINNEY, DEPUTY CITY CLERK
SUBJECT: APPLICATION FOR A SERIES 6 RESTAURANT LIQUOR
LICENSE FOR SUPER SKIES DINING & DANCE HALL
An application for a Series 6 Bar Liquor License has been submitted by Amy S. Nations, on
behalf of Phillip James Traynor from Super Skies Dining & Dance Hall, 945 E Scenic Street,
Apache Junction, AZ 85119.
The Arizona Department of Liquor Licenses and Control received the application on July 10,
2023, and the Apache Junction City Clerk's Office received the application from them on July
17, 2023.
The applicant was notified by phone and e-mail of the public hearing and was encouraged to
attend to address any questions council may have.
Correspondence related to inspections of the premises for safety and code compliant matters
have been received from the Apache Junction Police Department, Building and Safety Division,
Planning and Zoning Department, and the Superstition Fire and Medical District. The Planning
Department did note that this establishment exists as a lawful nonconforming use. However,
city recognition of nonconforming rights was issued through a Letter of Lawful Nonconformity,
which is transferrable upon sale of the property. Also to note, a fire had caused structural
damage within the past year. All permits were properly pulled, and repairs and inspections have
been approved.
All four entities find compliance with the inspection requirements and recommend approval.
Their responses are attached in Legistar for your review.
The city council may now make a recommendation of approval or denial to the Arizona State
Liquor Licenses and Control on this application. This recommendation must take place within
sixty (60) days of the filing of the application, therefore must be done by September 9, 2022.
300 E. Superstition Boulevard *Apache Junction,AZ 85119 * Ph: (480)982-8002
www.apachcjunctionaz.gov
Stets of Arizona
Department m uoi- Licenses s ttn fConti-o
Local Governing Body Report
Number: 06110012 Type- 006 BAR
N ararc. SUPER S1 IFS DINING&DANCE HALL
taltc: Pending
Issue Date: EXPiMtion Date. 08/3 1120 3
Oulginal issue Date: 10/02/1984
Loctatrcaar: 945 E SCENIC STREET
AP ACHE HE JUNCTIGN,AZ 85119
US
r Isailim, Address,— PO BOX 250
US
(480)877-8101
Email: LIQUORLICFN`SE@AZI,lC.00Nl
klixed Cocktails To Go Privilege I-eased to License 12079704
Currently, this license has pending applications.
AGENT
Gender: Female
C°orresl�laradeircc Address: PO BOX 2502
CHANDLER,AZ 85244
US
Phone- (480)7 0-2675
-%h f'Iac iie:
f:iat�ail: I_fC.Jt1I7I�I.II:I:i�`iI:{re,rl :l:lC;`.I:'C7r��
OWNER
Name- DAZZELED
('ow;set "Mrraae: AMY S Nt\'I'I(.)N
I"pe• 1.1101`,1 D 111\ III IT) (:OaN41,11N1`
('( 1=is'Number- 231188370 Sr€ait aat`3rrci a}aa rtrii 4a. X
t All Address: 110 BOX 2502
USA
s ft 1'hm w:
ITY CLERK'S OFFICE
Officers r'I°Slockh old ci's
Nana I itlr "" Interest
DAZZEILED - l #
Name: PI ILLIP JA ME '['RAYNt.112
Gender, male
(-orTespondence Address: PO BOX 2502
CHANDLER.AZ 85244
USA
11110a3e: 507)272-4065
Alt, Phone-1
Israasali: I'dltl I lI',#55rr 1-1 -1'MAIL.COM
MANAGERS
Name- SAMANTHA E3RttNHAM
Cieracler Female
Correspondence Address: PO BOX 2502
CHANDLER.AZ 85244
USA
Pbone° 0)8 1 Ra 1555
All Phone:
Niaaarc VI LIE L UISE NUGFN1 'r
;ender Fern ale
C oirr:s€ondeaac:c Address: PCB BOX 2502
USA
Application Type: t wnerTransfel,
Created haste: 07/06/202
QUESTIONS & ANSWERS
006 Bar
1) Are yorr a pplyin g for tart Interim P runt INP)?
Yes
Document of type INTERIM PERMIT(INP)NOTARY PAGE is requircri-
4) Does the Business location address has e,n street address for ar City or Town but is actually in the
boundaries of another it ;'row r or Tribal Reservation?
N ea
) Did the Premises phone number change?
Yes
Whin is the new phone number"
480-877-8101
10) Provide name,a rldr ss,traid distance of n arrest school. If less than on 1 mile note footage
AP ACHE I HIGH SCHOOL945 E APACH1'1'f'i AIL t PACI11y J11NC rm,AZ 85120
1 18 MILES
1 1) Are ysiaa one of the following?Please indicate below.
Properly Tenant
sub-tertnr t
'rolm'ty Owner
P irp i ty{1'uxchaas r
1'€opel ty; Management Company
PROPERTY TENANT
12) is Cher ar penalty if lease is riot fulfilled?
Ye
What is the pcnarlry'>
13) Wham is the total orroaey borrowed fora the business riot including the: le:,asO
Please se list lerrt ens/people owed money for the business
V11U11: LOUISE NUGENT3500 S,roiMA11t4yhaK RD Ul r6 AR,\('111, A'I�'C I0IN AZ 85119
S 150'0{l(l. 0
1-1) 1s there ii drive thrcrutdi wincicrac�oil (lie premises?
IN
E 'g If fhciv is a patio Please indicaalc('ontigu trs or rlayrr corrtiguous witlitaa ';V "o t,
pt}ls T9Gl+tv U S PATIO
16) 1s,your licensed premises glow closed due to Construction,reirovaali€srr or a'edes v'ra sas rcl t dd?
171, ,khall Pr'ict:pa I d tor selrie';0 1t.ar; Set ic,,, 7 1leer& Vine tar or.Senca 9 1 sal€it>r 1store 1fif-etrse oirlyl
Stile of Arizoma
Department oflAquor Licenses and Control
Local (3overning Body Report
L 4
Number: IN PI l 101324174 3`yp : INP INTEIRI 1 PERMIT
N ataic:: SUPER SKIES DINING & DANCE I-ALL
state: Active
Issue Date: 07/I0/2023 Expiration Date: 10/23/2023
Ori-inal Issue Date. t 7/10/20 3
Loctatiow 945 E SCFNI ;STREET
APACHE JUNCTION,AS 85119
USA
M ailim, Address: PO BOX 2502
CI-It1NDLFR,A 241
US
4 0)877- 101
Alt, Phone: (480)7 0-2 75
Name: AMY S NATIONS
Gender: Female
Correspondence Address- PO BOX 2502
CHANDI_.1r1 .AZ 85244
USA
Phone: (480)730,2675
Alt. Phalle
\tataaC DAZZI'I,1.1) 1 I ('
Conjaac t Name- 1 MY S NATIONS
V d t f sl w taa it a 23488370 St.aia{a 6 Irat° ar'I?s a`,aPicara �
t.1 Sj
1t Phw"
I"as.all IJQ(i0"71?1 W1 \,-,I if Alf W (0""'I
Officer" �Ia7+I�1a€altl�a's
Name, �3t„t Itlic 'CSa.
f'I III,1.IP AMl -) WAYNOR "I1', {IITI,IC ICtttt){
Name- I'lill-LIPJAMFSTRAYNOR
Gender, male
Correspondence Address: 110 BOX 50
CHANDLER,AZ 85244
S
Phone: (5 7)272-40 5
All. Phone:
Email: Pl-II1,LJPJ I'I -rivI ill.COM
MANAGERS
Name: SA v1AN'I`HA BRANHAM
Gender Female
Correspondence Address: PO BOX 2502
CHANDLER,,AZ 85244
USA
Aft. Phone:
F:m ail; MAN T`I ABRANI-IM 7iwr. I IL.COM
Gender: Fcmalc
Correspondence Addrcw PO BOX 2502
CHANDLFII ,A Z 85244
USA
3:rartall VLNI ICj1-"IN'F,fi]10'l i%l,\I I ,('O'vI
r. P
APPLICATION INFORMA11ON
Application Number- 251242
Appliciticrn Typ : New Applica rik"t
Created 1'Ac, 0 /06/2023
E--,-
I !Miter License Number currently at loc ition
SIC110 1
4s the license currently in use?
Yes
3 Will you p1cas;submit section 5,page; r of the license application when you reach the upload age?
Ys
A Document of type INTERIM NOTARY PAGE is required,
Yvette McKinney
From: Danny Saldana
Sent: Tuesday, August 1, 2023 4:47 PM
To: Yvette McKinney
Subject: RE: Super Skies Dining & Dance Hall Liquor License Application
Hello Yvette,
On 08/01/2023, 1 met with Phillip Traynor at 945 E. Scenic Rd.for the Liquor inspection.The Apache Junction Police
Department has no issues or concerns with the liquor license being issued.
Thanks
Daniel ( n
Lieutenant-Support Services
Apache Junction Police Department
1001 N. Idaho Rd.Apache Junction,AZ, 85119
480.474.2629
dsaldana@ acheiunctiona4. ov
From:Yvette McKinney<mckinney@apachejunctionaz.gov>
Sent:Thursday,July 27, 2023 5:25 AM
To: Danny Saldana <dsaldana@apachejunctionaz.gov>
Subject:Super Skies Dining& Dance Hall Liquor License Application
Good Morning,
The City Clerk's office has received the attached Series 06 Bar liquor license application. Please note, included in this
application is an Interim Permit, issued to the applicant on July 10, 2023 and is to expire on October 23, 2023. To my
knowledge,this has nothing to do with our process. I only included it because it is referenced on the application and
some of you may have a question on that.
Please conduct your safety,security,ADA compliance and other inspections and submit your department
recommendations to me by noon on Wednesday,August 2, 2023,for this item to be on the AUgu t 15, 2023, City Council
meeting.
Thank you,
Evie McKinney
mcki @ataache unctionaz. ov
Ext 5061
z
City Of Apache Junction
300 E Superstition Blvd.
Apache Junction, AZ 85119
City Fall Hour of Operation 7A --6 M, Monday through Thursday, closed Fridays.
1hismessage and the information within isintended forthe recipient. If you received thisemail in error, please notify the
nderand then delete the email. ails generated by council members or City staff pertaining to Citybusinessare public
recordsand are preserved according to the City's records retention schedule.To ensure compliance with the Open
Meeting Law, membersof the City Council should not forward email correspondence to othermembersof the Council.
Membersof the Council and otherpublic bodiesmay reply to thismessage, but should not copy othermembersof the
public body.
2
Yvette McKinney
From: AdhanA|egha
Sent: Monday, August 7. 20239:35AK4
To: Yvette McKinney
Subject: Re: Super Skies Dining & Dance Hall Liquor License
Good morning Evie,
After conducted a research on the current permits and inspections, the Building Safety and Inspections
Davison has no objections and recommends approval of the liquor license.
Thank you and my apologies for the long process that took me to research about it.
Adrian AHegr,a
Building and Safety Manager / Buiiding Official
Development Services / Building Safety and Inspections Division
City of Apache Junction
]OOE. Superstition Blvd.
Apache Junction, AZ 85119
480-474-5494`
Office Hours-Monday—Thursday 7/00anm-6;A0pmu/Closed on Fridays
From:Yvette McKinney«nnckinney@apache]unctionaz.0uv>
Sent:Thursday,July 27, 2023 5:22AM
To:Tina Gero|a <tina.gero|a@sfmd.az.0ov>; Richard Mooney«richard.nnuuney@sfmd.az.0uv>; Rudy Esquivias
«resquivias@apachejunctionaz.0uv>;Adrian A|e0ria«aa|eQria@apache]unctiunaz.0uv>
Cc:Jennifer Pena "jpena@apache]unctiunaz.0ov>;Amy Greening<a0reening@apachejunctionaz.Qov>; Donna Scruggs
<dscru88s@apaohejunctionaz.0uv>; Dana Martin xdnnartin@apachejunotinnaz.guv>
Subject: Super Skies Dining& Dance Hall Liquor License
Good Morning,
1
The City Clerk's office has received the attached Series 06 Bar liquor license application. Please note, included in this
application is an Interim Permit, issued to the applicant on July 10, 2023 and is to expire on October 23, 2023. To my
knowledge,this has nothing to do with our process. I only included it because it is referenced on the application and
some of you may have a question on that.
Please conduct your safety, security,ADA compliance and other inspections and submit your department
recommendations to me by noon on Wednesday,August 2, 2023, for this item to be on the August 15, 2023, City
Council meeting.
Thank you,
Evie McKinney
Deputy City Clerk
mckinney apache'unctionaL ov
(480)474-5061
,4�
� i
City Of Apache Junction
300 E. %p a rstition Blvd,
Apache Junction, AZ 35119
City Hall Hoursof Operation 7AM —6 M, Monday through -Mursday, closed Fridays.
Ihismessage and the information within isintended forthe recipient. If you received thisemail in error, please notify the
nderand then delete the email. ails generated by council members or City staff pertaining to City businessare public
recordsand are preserved according to the City's records retention schedule.To ensure compliance with the Open
Meeting law, membersof the City Council should not forward email correspondence to othermembersof the Council.
Membersof the Council and otherpublic bodiesmay reply to thismessage, but should not copy other membersof the
public body,
2
Yvette McKinney
From: RudyEsquk/ias
Sent: Wednesday, August 2. 20235:20PK4
To: Yvette McKinney;Tina Geoo|a; Richard Mooney;Adrian A|egha
Cc: Jennifer Pena;Amy Greening; Donna Scruggs; Dana Martin; Planning
Subject: RE Super Skies Dining 8k Dance Hall Liquor License
Attachments: App|ication - Redacted.pdf
Hi Evie:
Development Services has no objections to the re-opening of this long established restaurant and bar. The
establishment exists as a lawful nonconforming use: nonconforming because it is a commercial use on a multi-family
residential zoned property; and lawful because previous owners applied for and received city recognition of
nonconforming rights through a Letter of Lawful Nonconformity.
About 9 or 10 months ago,the west end of the structure suffered fire damage. Proper permits were pulled, inspections
performed and repairs approved. The restaurant/bar is once again ready for business.
Thank You,
��
�_6yu!via.6
Development Services Director
City of Apache Junction
300 E. Superstition Blvd.
Apache Junction, AD 85119
480-474-2645
resqui-vias@apachejunctionaz.gov
(Development Services Department office hours: Monday through Thursday from
7:00am to 6:00pm/ closed Fridays and Holidays. )
From:Yvette McKinney«rnckinney@apach+junctionaz.0uv>
Sent:Thursday,July 27, 20235:23AM
To:Tina Gero|a <tina.gero|a@sfmd.az.0ov>; Richard Mooney«richard.nnuuney@sfmd.az.0uv>; Rudy Esquivias
«resquivias@apachejunctionaz.0uv>;Adrian A|e0ria«aa|eQria@apache]unctiunaz.0uv>
Cc:Jennifer Pena <jpena@apachejunctionaz.gov>;Amy Greening<agreening@apachejunctionaz.gov>; Donna Scruggs
xdscru88s@apaohejunctionaz.0uv>; Dana Martin xdnnartin@apachejunotionaz.0uv>
Subject: Super Skies Dining& Dance Hall Liquor License
Good Morning,
The City Clerk's office has received the attached Series 06 Bar liquor license application. Please note, included in this
application is an Interim Permit, issued to the applicant on July 10, 2023 and is to expire on October 23, 2023.To my
knowledge,this has nothing to do with our process. I only included it because it is referenced on the application and
some nf you may have a question onthat.
1
Please conduct your safety, security,ADA compliance and other inspections and submit your department
recommendations to me by noon on Wednesday,August 2, 2023,for this item to be on the August 15, 2023, City Council
meeting.
Thank you,
Evie McKinney
Deputy City Clerk
mckinne a ache unction— ov
(480)474-5061
City Of Apache Junction
300 E Su perstition Blvd.
Apache Junction, AZ85119
City Hall Hoursof Operation 7AM —OPM, Monday through 1bursday, closed Fridays.
-Thismessage and the information within isintended forthe recipient. If you received thisemail in error, please notifythe
nderand then delete the email. Emaiisgenerated by council membersorCity staff pertaining to City businessare public
recordsand are preserved according to the City's records retention schedule.To ensure compliance with the Open
Meeting Law, membersof the City Council should not forward email correspondence to othermembersof the Council.
Membersof the Council and otherpublic bodiesmay reply to thismessage, but Mould not copy other membersof the
public body,
2
Yvette McKinney
From: Tina Gerola <tina.gerola@sfmd.az.gov>
Sent: Tuesday, August 1, 2023 4:48 PM
To: Yvette McKinney; Richard Mooney; Rudy Esquivias;Adrian Alegria
Cc: Jennifer Pena;Amy Greening; Donna Scruggs; Dana Martin
Subject: RE: [External] Super Skies Dining & Dance Hall Liquor License
Good evening. The SFMD recommends approval of this Liquor License application. Thank you.
Tina Deputy Firs Marshal
Superstition Fire & Medical District
Office 1 (480) 982-4440 ext. 104
Mobile � (480) 416-9775
ebsite sfnc£oa . Gov
From:Yvette McKinney<mckinney@apachejunctionaz.gov>
Sent:Thursday,July 27, 2023 5:23 AM
To:Tina Gerola <tina.gerola@sfmd.az.gov>; Richard Mooney<richard.mooney@sfmd.az.gov>; Rudy Esquivias
<resquivias@apachejunctionaz.gov>;Adrian Alegria <aalegria@apachejunctionaz.gov>
Cc:Jennifer Pena <jpena@apachejunctionaz.gov>;Amy Greening<agreening@apachejunctionaz.gov>; Donna Scruggs
<dscruggs@apachejunctionaz.gov>; Dana Martin <dmartin@apachejunctionaz.gov>
Subject:Super Skies Dining& Dance Hall Liquor License
Good Morning,
The City Clerk's office has received the attached Series 06 Bar liquor license application. Please note, included in this
application is an Interim Permit, issued to the applicant on July 10, 2023 and is to expire on October 23, 2023. To my
knowledge,this has nothing to do with our process. I only included it because it is referenced on the application and
some of you may have a question on that.
Please conduct your safety, security,ADA compliance and other inspections and submit your department
recommendations to me by noon on Wednesday, August 2, 2023,for this item to be on the August 15, 2023, City Council
meeting.
Thank you,
Evie McKinney
Deputy City Clerk
mckinne a ache°unctionaza ov
(480)474-5061
1
g
�r
City Of Apache Junction
300 E. Superstition Blvd.
Apache Junction, AZ 35119
City Hall Hoursof Operation 7A —6PM, Monday through ` aursta , closed Fridays.
-Thismessage and the information within isintended forthe recipient. If you received thisemail in error, please notify the
nderand then delete the email, ails generated by council membersorCity staff pertaining to City businessare public
recordsand are preserved according to the City's records retention schedule.To ensure compliance with the Open
Meeting Law, membersof the City Council should not forward email correspondence to othermembersof the Council.
Membersof the Council and other public bodiesmay reply to thismessage, but should not copy other membersof the
public body.
2
CITY COUNCIL MEETING ROLL CALL Date: lh q, —k.1 I 5_/,,_� _S
Work Study Regular -`` S ial� �I��
S:� ' E: S:9.uD E:gAk S: `1.� E: fo
CITY COUNCIL: Present Ab/excu Present Ab/excu Presents Ab/excu
MAYOR W I LSO N
VICE MAYOR SCHROEDER
COUNCILMEMBER CROSS
COUNCILMEMBER HECK V/ cm_
I Ike
COUNCILMEMBER JOHNSON M
COUNCILMEMBER NESSER ✓
COUNCILMEMBER SOLLER ✓
TOTAL
CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu
City Manager Bryant Powell �/
Assistant City Manager Matt Busby ✓ �/
City Clerk Jennifer Pena ✓ f
City Attorney Joel Stern
Information Technology Director
Doug Wirthgen
Public Information Officer Al Bravo
Public Safety Director Michael Pooley
Dev Services Director Rudy Esquivias
PW Director Ted Wolff
Parks& Rec Director Liz Langenbach
ED Director Patrick Ainsworth
Library Director Pam Harrison
Finance Director Leslie DeReche
HR Director Anna McCray
Water District Director Mike Loggins
Municipal Judge A. Doug LaSota
OTHERS:
Deputy City Clerk Evie McKinney
Int.Planning Manager Sidney Urias
Building&Safety Mngr Adrian Alegria
Senior Planner
Planner Kelsey Schattnik
Associate Planner Nick Leftwich
PW Project Engineer Raquel Schatz
City Engineer Emile Schmid
S:\Templates& Forms\Roll all -City Council -Attendance.docx
City Council
VOTE - ROLL CALL
e a �G�cl�-✓
ITEM # 3 ;?3 " N Zj MEETING OF - [S - 'd7
MOTION BY: SECONDED BY: 0 eg&ey-
NOTES:—r-.?)C,U 01
YES NO ABSTAINED
CITY COUNCIL
COUNCILMEMBER SOLLER
VICE MAYOR SCHROEDER
COUNCILMEMBER NESSER
COUNCILMEMBER CROSS
-
COUNCILMEMBER HECK
COUNCILMEMBER JOHNSON
MAYOR WILSON
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL V
Vote sheet 1
S:/5—Templates&Forms/Vote Call—City Council
City Council
VOTE - ROLL CALL
ITEM # YI 13 — 1/771 MEETING OF
MOTION BY: SECONDED BY: se-(9 _
NOTES: LL— Q +
Pg. -H C A M U D1iL'�i/�In C Gt oy r r,4�it�.f
YES NO ABSTAINED
CITY COUNCIL:
COUNCILMEMBER NESSER
COUNCILMEMBER,JOHNSON
COUNCILMEMBER CROSS v YV\
COUNCILMEMBER HECK
COUNCILMEMBER SOLLER
VICE MAYOR SCHROEDER ✓
MAYOR WILSON 1�
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL 7
Vote sheet 2
S:/5—Templates&Forms/Vote Call—City Council
D
CITY OF APACHE JUNCTION
1 -
Mayor's Script
Tuesday,August 15, 2023
A. CALL TO ORDER
f::wo_uld like to.call:this City of Apache-Junction .Council MeetingW August 15
202%.to order and ask everyone to put_their cell phones on silentl
B. INVOCATION AND PLEDGE OF ALLEGIANCE
;The invocation will be led by''... &the led e b
!Councilmember
7 7-
C. ROLL CALL
Roll Call,
D. CONSENTAGENDA
As:a.reminder=All-items under�the-Consent Agenda:will be approved:with one
motion:.. If a councilmember.wishes to remove-an item.for:further discussion, the;
request will be made_prior to approving the consent_agenda and:will 'be moved to
J.
New Business!
1. Consideration of acceptance of agenda.
.2. Consideration:of:approval of minutes of the Regular meeting of August 1- 2023.
3. Consideration of approval of entering into a,contract with.Viasun Corporation; :..
Do:l-have a motion on=the consent,agenda? .. wait for the motion and the 2nd
Roll Call
E. AWARDS PRESENTATIONS AND PROCLAMATIONS..
F. REGIONAL:INTERGOVERNMENTAL UPDATES
4. Regional antergovernmental meeting-updates from Council.
G. CITY MANAGER'S REPORT
5. City Man:ager's�Report $rp.nt to report.
_�— ;
6. Announcement of Current.Events 3 Al bravo to report
H. PUBLIC HEARINGS
7. Application'for a Series 6 Bar Liquor License for Super Skies Dining & Dance
Hall,-located at 945 E Scenic St.,
,
Jennifer_to-report
1. ,Does the applicant.wish to speak?
2. A discussion among,c' oun-cI
3. As:a public;hearing;:would anyoneaike to speak.on;this item?i
:Wait for dny.public response
4. f_will now close th_e public hearing and ask_for a:motion!
I�/ait for tihe motion and the 2"d
Ro11 Cali'
I. OLD BUSINESS
J. NEW BUSINESS
K. COUNCIL DIRECTION STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS AND PURPOSES
M. CALL TO PUBLIC
[would like to remind everyone:that the Call:to the" Public is a courtesy and not
required by law:
It is a time for:the.public-to express.requests; communicatioris,:co.mments and
'suggestions.
6
Request to speak:forms must be:c.:ompleted and handed to the:city:clerk before;
the:end of the city ma_nager's report:
All issues.shall be presented in aprofessional-manner without personal.attacks.,
U-nderthe open-Meeting law, the.council cannot engage in discussion on the'
issues:presented;'but may respond to criticism and may.direct staff to.follow ups
with'the speaker directly, and/or placethis matter on.a:future agenda.for.council]
discussion
There is a:three-minute limit for each speaker. Public can speak (3:minutes),,
Does council have any requests for staff to follow up on?�
N. ADJOURNMENT— l.adjourn-this meeting.!
u ust 15, 202�3
Consent Agenda Items'Nos. 1-3
move the consent agenda be accepted and approved as presented_.
Item No. 7-Public Hearing
I move that the application.for a.Series 6 Bar liquor license for Super Skies Dining & Dance Hall,
located at 945 E Scenic Street, Apache Junction AZ be recommended for (approval or denial) to.
the Arizona Department of Liquor Licenses and Control.
Date: J 15 �OL � CITY OF APACI-IE JUNCTION
REQUEST TO SPEAK FORM
Please fill out completely and return to the City Clerl< PRIOR to the conclusion of the City Manager's Report portion of the agenda.
would like to speak on Agenda Item #: !
I would like to speak on a Non-Agenda matter regarding:
Do you wish to speak before Council on this item? Yes No Only If Necessary
I am in favor of the proposed Item. I am opposed to the proposed Item.
First Name Last Name
(PRINT)
4 oC_11 AZA24 SapaZ_ �7 � Z2?
Address City Zip Code
� fD -7 Or -t,4&7-1 4 7 01,1S�i�zL�G' M
Telephone Email address
This information will be used by staff for follow-up, if necessary. Speal<ers shall make comments directly to the Mayor and City Council
when called up to speak at the podium.
Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit.
Consent for Minor to be Audio and/or Video Recorded:
I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said
minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be
audio and/or video recorded and I hereby consent to the rninor being audio and/or video recorded during his/her participation with the
likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. 1-602 (A)(9).
Signature of Parent/Guardian Date
08/26/2019
Date: CITY OF APACHE JUNCTION
REQUEST TO SPEAK FORM
Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda.
would like to speak on Agenda Item #:
would like to speak on a Non-Agenda matter regarding
Do you wish to speak before Council on this item? Yes lv� No Only If Necessary
I am in favor of the propos d Item.rj
I am opposed to the proposed Item.
First Name Last Name
(PRINT)
Address City Zip Code
Telephone Email address
This information will be used by staff'for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council
when called up to speak at the podium.
Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit.
Consent for Minor to be Audio and/or Video Recorded:
I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said
minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be
audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the
likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. ' 1-602 (A)(9).
8-C e-3
Signature-of Parent/Guardian Date
08/26/2019
Date: CITY OF APACHE JUNCTION
REQUEST TO SPEAK FORM
Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda.
would like to speak on Agenda Item #:
I would Like to speak on a Non-Agenda matter regarding:
Do you wish to speak before Council on this itern? Yes No Only If Necessary
I am in favor of the proposed Item. I am opposed to the proposed Item.
]:;Z> zT4C,- 66 U-- v-
Fir t Name Last Name
(PRINT)
CL :�±> g d
Address City Zip Code
Lk6 -?ag 6q _
Telephone Email address -
This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council
when called up to speak at the podium.
Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit.
Consent for Minor to be Audio and/or Video Recorded:
I, , as the parent/guardian of (rninor(s)), a minor(s), agree to allow said
minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be
audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the
likelihood that their image will appear on cable TV and the internet video strearn showing their participation. A.R.S. § 1-602 (A)(9).
Signature of Parent/Guardian Date
08/26/2019
Date: �r n CITY OF APACHE JUNCTION
REQUEST TO SPEAK FORM
Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda.
would like to speak on Agenda Item #: kA
I would like to speak on a Non-Agenda matter regarding: ye Z Z
Do you wish to speak before Council on this item? Yes No Only If Necessary
I am in favor of the proposed Item. I am opposed to the proposed Item.
RUD M��
First Name Last Name
(PRINT)
d
Address City Zip Co
`�A Z-9
CXI/ d P, e-\Im
Telephone Email ad ress
This information will be used by staff for follow-up, if necessary. Speal<ers shall make comments directly to the Mayor and City Council
when called up to speak at the podium.
Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute Limit.
Consent for Minor to be Audio and/or Video Recorded:
I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said
minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be
audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the
likelihood that their image will appear on cable TV and the internet video strearn showing their participation. A.R.S. § 1-602 (A)(9).
Signature of Parent/Guardian Date
08/26/2019
Date: / s a'� CITY OF APACHE JUNCTION
REQUEST TO SPEAK FORM
Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda.
would like to speak on Agenda Item #:
1 would like to speak on a Non-Agenda matter regarding: I'\ °2Q-`- -- ' —
Do you wish to speak before Council on this item? Yes No Only If Necessary
am in favor of the proposed Item. I am opposed to the proposed Item.
Leov\af� W � U\ M
First Name Last Name
(PRINT)
Address �] City Zip Code
Telephone Erdail address
This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council
when called up to speak at the podium.
Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute Limit.
Consent for Minor to' be Audio and/or Video Recorded:
I, z��tAas the-Paw-Q zj 4-, 4,an of. 5�, (minor(s)), a minor(s), agree to allow said
minor(s) to appear and/or participate in the,City of Apache Junction City Council Meeting. I further understand that this activity may be
audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the
likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. ' 1-602 (A)(9).
Signature-of are t/Guardian Date
08/26/2019
Date: /-/Z-/ ✓ z0-2 CITY OF APACHE JUNCTION
REQUEST TO SPEAK FORM
Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda.
would like to speak on Agenda Item #:
I would like to speak on a Non-Agenda matter regarding: 7LO
Do you wish to speak before Council on this item? Yes No Only If Necessary
I am in favor of the proposed Item. I am opposed to the proposed Item.
First Name Last Name
(PRINT)
Address City Zip Code
< J
Telephone Email address
This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council
when called up to speak at the podium.
Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute I.imit.
Consent for Minor to be Audio and/or Video Recorded:
I, , as the parent/guardian of (rninor(s)), a minor(s), agree to allow said
minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be
audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the
likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9).
Signature of Parent/Guardian Date
08/26/2019