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HomeMy WebLinkAbout2015 02.17 City Council Regular Agenda Meeting location F"�' Tl. City of Apache Junction, Arizona !A t City Council Chambers .:. 'f' ;•. at City Hall 300E Superstition Blvd 44, Agenda Apache Junction,Az 85119 City Council Meeting www ajcity net Ph (480)982-8002 Tuesday,February 17,2015 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. Consideration of acceptance of agenda 2 Consideration of approval of minutes of regular meeting of February 3, 2015 3. Consideration of proposed professional service agreements, five agreements in each of six service areas, for PW 2015 Public Works On-Call Services. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time 4. Presentation and discussion on pending or proposed state legislation with District 16 state legislators to include Senator David Farnsworth and Representative Kelly Townsend. F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a bnef summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance, time and location City of Apache Junction,Arizona Page 1 Printed on 2/10/2015 City Council Meeting Agenda February 17,2015 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 inquires 5. City manager's report H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak All remarks shall be addressed to the council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor This time limitation shall not apply to applicants and their agents appeanng before the council 6. Consideration of application for a temporary extension of premises for the Fraternal Order of Eagles#3850 for February 28, 2015 and March 28, 2015 at 2315 S Coconino The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. 7. Consideration of proposed Resolution No. 14-43, declaring that portions of public roadway easements located on Thirteenth Avenue from Vaquero Road to Hilton Road, and described in extinguishment case EX-14-43, are no longer necessary for public use as public roadway easements and are hereby extinguished as present and future public right-of-way 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 8. Discussion on the structure of the city of Apache Junction's boards and commissions Council requested additional information on this subject during the February 2, 2015 Work Session 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 wntten 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 City of Apache Junction,Arizona Page 2 Printed on 2/10/2015 City Council Meeting Agenda February 17,2015 L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 9. Executive Session at 5.45 P M. and Work Session at 7 00 P M for Monday, March 2, 2015 10. Executive Session at 5.45 P.M. and Work Session at TOO P M will be held on Tuesday, March 3, 2015. Other meetings if necessary. M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda All speakers must have already submitted a wntten "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 adjoum the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the junsdiction of the city after being warned such issues are beyond the junsdiction 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 OOp, 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 auk City of Apache Junction,Arizona Page 3 Printed on 2/10/2015 es /IN CITY COUNCIL REGULAR MEETING FEBRUARY 3, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on February 3, 2015, at the /, Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p m. INVOCATION Councilmember Wilson gave the Invocation PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Assistant to the City Manager Matt Busby Others Present: Executive Assistant to the City Manager Anna McCray Tax Auditor Anne Wenk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 1 OF 12 ACCEPTANCE OF CONSENT AGENDA Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED: AND THAT APPROVAL BE GIVEN TO THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN EAST VALLEY ADULT RESOURCES, INC. AND THE CITY OF APACHE JUNCTION FOR THE MILEAGE REIMBURSEMENT INCENTIVE PROGRAM ("RIDE CHOICE") , AND THAT eN AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT THE AWARD OF BID FOR ED-15-01, NORTH APACHE TRAIL DEMOLITION PROJECT, BE AWARDED TO BREINHOLT CONTRACTING COMPANY, INC. IN THE AMOUNT OF $29, 900 . 00 PLUS UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $5, 000 . 00 FOR A TOTAL AMOUNT NOT TO EXCEED $34, 900 . 00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT. Councilmember Wilson SECONDED THE MOTION VOTE: Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco introduced newly-elected President Delbert Ray of the Salt River Pima-Maricopa Indian Community along with Vice President Martin Harvier, Gary Bonee, and Mike Shill. President Delbert Ray commented on developing a working relationship with the city. Vice President Martin Harvier commented on reaching out to the cities surrounding them and outlying cities. President Delbert Ray presented the mayor with a gift for the council of a statue of a maiden from the Salt River Community. President Joan Clair gave a presentation on the Apache Junction Food Bank regarding the three major elements • food, volunteers and clients. She presented a community spirit award plaque to Mayor Insalaco on behalf of the food bank. Councilmember Serdy asked her to explain about the closing of St Mary' s Food Bank in the West Valley and how it affected this food bank. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 2 OF 12 President Joan Clair stated there are two primary food banks in the Metropolitan Phoenix area. St. Mary' s, which has historically provided food to those food banks in the West Valley, and United Food Bank that provides food to the food banks in the East Valley. For some reason, the Apache Junction Food Bank and five other food banks in the East Valley continued to get food from St Mary' s St. Mary' s had to sharpen their Aomik pencil and in the last 18 months decided they could no longer provide food to those East Valley food banks that were still receiving food from them. They are still in existence, but they are giving their food to West Valley food banks . St Mary' s will let us buy food from them and the operations manager is doing that Councilmember Serdy commented he knew something happened there and it did hurt them a little, but United still helps . President Joan Clair stated they have a strong partnership with United. The board has engaged in conversations with them on how they might supplement the loss in extra things they can give them or make available for sale. Councilmember Rizzi asked if when St . Mary' s has boxes at different store locations in this community that this community does not receive that help, either. President Joan Clair stated that is correct. She asked the operations manager to join her and further elaborate. Operations Manager Nancy Burgess stated the boxes at the local grocery store where St . Mary' s is collecting goes back to St. olok Mary' s . They use it for the West Valley. They cannot purchase food any longer; they used to be able to purchase food at nineteen cents a pound. They cannot do that anymore as they do not have the food available. When they are out speaking this year they are letting everyone know that wherever they put their money, here or anywhere else in the East Valley, make sure when they are donating that it is staying in the East Valley and helping those people in need here in the East Valley. She spoke to an RV group this morning who asked the same questions Representative Doug Coleman briefed the council on proposed state legislation and the news conference with Apple regarding REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 3 OF 12 their new plant in East Mesa. He commented on the budget, the auto dealers and Tesla battles, his county and city affairs committee and House Bill 2254 which is the municipal tax exemption on residential leases . Vice Mayor Barker commented with House Bill 2254 passing 5-4 on the committee vote, it sounds like there are some people that agree with him. She asked if it looks that tight on a floor vote Representative Doug Coleman stated he did not know There was one democrat that voted for it which surprised him, and he thought he voted for it because it is a regressive tax and we should not be taxing on shelter and food. He understands that. He did not think it would make it out of committee so they will see . He thinks the League and individual cities have strong voices and really need to be heard. Phone calls and emails would be best, and contact all of them, not just the ones who represent this area. Councilmember Serdy commented he got contacted by people wanting him to sign one of the petitions in the car dealer wars He did not know at that time what it was about and it sounded like a good thing to protect local dealerships . He asked him to explain what that is about since they have two dealerships here. Representative Doug Coleman stated the reason the laws are structured the way they are is to protect the local dealerships from Ford and others coming in and competing against them and undercutting them. Tesla has a different model . They can go into a showroom, see the different styles, and order it online, bypassing the dealer. Councilmember Serdy commented if Tesla can do that, then any of them can do that. It would hurt our dealers . Representative Doug Coleman stated that is why the dealers are being protective. They do not mind Tesla coming in, but they want him to come in under the structure that is currently existing. There are two veins of thought and he has not studied it enough. He thinks it has to do with having an even playing field. The structure that has been in place that everyone has been operating under for years is at risk It is the same thing REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 4 OF 12 eN as the microbreweries and the wine and spirits. There is a three-tier way we purchase our alcohol Councilmember Serdy commented Four Peaks went over the limit . Representative Doug Coleman stated that is where they are at. There is another that is fairly close to reaching the limit. Microbreweries were able to have restaurants as part of their business model. When they get to be a certain size, the thought is they are really not a retailer anymore and should get out of the retail business and get into producing and distributing. They are both challenges to structure that has been there a long time. Councilmember Evans asked what rationale the state used for cutting our rental tax. Representative Doug Coleman stated it does not affect the state budget at all It does nothing for us, but it does have an impact on the communities. The other side is it is a way to cut taxes. Vice Mayor Barker commented it does nothing for the state but the cities will be forced into raising taxes. Representative Doug Coleman stated that is one of the reasons why he ran. It was frustrating for him to see the state level having the tax cuts and pat themselves on the back for being conservative and not have to make the cuts themselves He believes they do other things over there that are short-sighted and try to tie their hands He has heard it said they do not have a revenue problem, they have a spending problem Quite honestly, both are true. They do have a revenue problem or they would be fully funding the school facilities board which they are not funding and are constitutionally mandated to do so. They have not done so since 2008. They would not have had the lawsuit over the inflation funding for schools . They are spending money in some places where they should not be at the expense of places that are mandated It is priorities and they need to take a step back and look at the priorities as they move forward It is great to be able to say you cut taxes but it is more important to be fiscally responsible. That should be their primary concern. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 5 OF 12 Councilmember Wilson asked how the sweeping of the Highway User Revenue Funds is coming. Representative Doug Coleman stated he does not believe there is anything in the governor' s budget to take any. He thinks they restored half last year. His budget does not propose making cuts to that. Hopefully that is off the table Councilmember Wilson commented they are basically still taking half of it. Representative Doug Coleman stated that is correct. There is actually a provision that states those funds can go to fund the Department of Public Safety It just had not been done before. Councilmember Wilson commented the other issue is where they are looking at collecting the tax dollars for us and charging us for it. He saw that some of the charges are considered permanent. One is a one-time fee for setting up the programs. CityClerk Kathleen Connellystated that is the smallest one. ee Vice Mayor Barker commented we are paying for the program we fought against having to have, which has not been enforced yet because no one can get it together. Mayor Insalaco commented they cannot figure it out Representative Doug Coleman stated he wished he could tell them he had all the answers. He added they are recovering, believe it or not. Things are better than they had been. They had eS hoped they had put Arizona in a position to have a structurally balanced budget by 2016. When the revenue started coming in below protections, they realized it would not happen. That is when they realized they were going to have to make some cuts. Mayor Insalaco thanked him for coming CITY MANAGER' S REPORT None. PUBLIC HEARINGS REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 6 OF 12 ORDINANCE NO. 1413, REPEALING AND ADOPTING BY REFERENCE A NEW CHAPTER 14, CABLE TV SYSTEMS City Attorney Joel Stern briefed the council on the item Assistant City Manager Bryant^ Powell stated over the months they have anticipated doing another amendment with Mediacom to level the playing field. He has expected it. He has worked with Paul Pecora on it and tonight Marla, the new MediaCom local manager, is here They have a meeting set up for the transition. Paul was promoted to vice president over operations in Florida. They will be opening dialogue with Mediacom and his recommendation is to continue to move forward and bring the amendment to the agreement with Mediacom back for discussion. City Attorney Joel Stern commented he used the word continue. He asked if he meant to continue the item or continue on and get through this so they can meet with Mediacom and possibly discuss modifications. Assistant City Manager Bryant Powell stated that is correct. Mayor Insalaco opened the public hearing on the item There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. Vice Mayor Barker commented as she read through the letter the city attorney gently reminded her of those things which she had previously heard and she appreciates that. They definitely need to work with Mediacom at this point now. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1413 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 7 OF 12 Councilmember Waldron SECONDED THE MOTION. VOTE• Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause Vice Mayor Barker MOVED THAT ORDINANCE NO. 1413, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Evans SECONDED THE MOTION. VOTE• Unanimous. The motion carried RESOLUTION NO. 15-01, DECLARING NEW CHAPTER 14, CABLE TV SYSTEMS, A PUBLIC RECORD City Attorney Joel Stern briefed the council on the item. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion 011141 Councilmember Waldron MOVED THAT RESOLUTION NO. 15-01, 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 AND ENTITLED "APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 14, CABLE TV SYSTEMS, AND DECLARING AN EMERGENCY, BE ADOPTED Councilmember Evans SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 8 OF 12 VOTE. Unanimous . The motion carried. LICENSE AGREEMENT FOR A NON- EXCLUSIVE CABLE TV SYSTEM WITH QWEST BROADBAND SERVICES, INC. DBA Asik CENTURYLINK, INC. City Attorney Joel Stern briefed the council on the item. Councilmember Wilson commented they will still be working with Mediacom as well. City Attorney Joel Stern stated absolutely. He sent an email to Mr. Gluckman and told him he would let him know what happened here tonight or he could watch it on television. He has a representative here. He will probably be communicating with him in the next few days or possibly next week and we will start talking about the modifications for the Mediacom agreement . Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT APPROVAL BE GIVEN FOR THE LICENSE AGREEMENT BETWEEN QWEST BROADBAND SERVICES, INC DBA CENTURYLINK, INC. AND THE CITY OF APACHE JUNCTION FOR A NON-EXCLUSIVE CABLE TV SYSTEM; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Rizzi SECONDED THE MOTION. VOTE• Unanimous. The motion carried. OLD BUSINESS REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 9 OF 12 None. NEW BUSINESS None DIRECTION TO STAFF None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy announced there are two programs showing that are highlighting the area One is on the travel channel about ghosts out at the ghost town and another is a series starting on looking for the Lost Dutchman Mine. Councilmember Wilson commented two weeks ago they had the Arizona Driving competition with 42 exhibitors on Saturday. Everyone enjoyed the facilities . People came from all over the valley and as far away as Canada. Equines ranged from ponies to Belgian draft horses . They are looking forward to doing it again next year and each year they get bigger. He thanked parks and recreation for their assistance with the event. Vice Mayor Barker commented the chamber business fair was last Saturday and the city promotional bags ran out in two hours . It was well attended with lots of business people . Vice Mayor Barker announced the Lost Dutchman Marathon is February 15 . She encouraged everyone to get out, cheer on the oislak runners and help out . Vice Mayor Barker announced this is spay and neuter month. Mayor Insalaco commented the people can be safe as they do not give him a real gun when he starts the races at the marathon. It is just a cap pistol . SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker commented the executive session and work session scheduled for February REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 10 OF 12 Aft. Ailik 16, 2015 will be canceled due to the observation of Presidents' Day. She MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON TUESDAY, FEBRUARY 17, 2015, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: None . ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 7 . 53 p.m. Consent Agenda Items are as follows : 1 . Consideration of acceptance of agenda. 2 . Consideration of approval of minutes of regular meeting of January 20, 2015. 3 . Consideration of approval of first amendment in the professional services agreement with East Valley Adult Resources, Inc. and the City of Apache Junction for mileage oak reimbursement incentive program ("Ride Choice") . 4 . Consideration of ED-15-01, award of bid to Breinholt Contracting Company, Inc. for a contract amount of $29, 900 . 00 plus unforeseen change orders in the amount of $5, 000 . 00 for a total not to exceed $34, 900 . 00 for the North Apache Trail Apartment Demolition project. ACCEPTED THIS 17TH DAY OF FEBRUARY, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA SIGNED AND ATTESTED TO THIS 17TH DAY OF FEBRUARY, 2015. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 11 OF 12 JOHN S . INSALACO Mayor ATTEST. Aollik KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 3rd day of February, 2015 I further certify that the meeting was duly called and held and that a quorum was present . Dated this 5th day of February, 2015. KATHLEEN CONNELLY City Clerk Almik REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 3, 2015 PAGE 12 OF 12 P, d City of Apache Junction, Arizona 300E Superstition f Boulevard IP O Apache Junction,AZ 85119 Agenda Item Cover Sheet Agenda Item No.3. �r File ID: 14-687 Sponsor Emile Schmid Agenda Date 2/17/2015 Index. Community Infrastructure In Control.City Council Meeting m. Consideration of proposed professional service agreements,five agreements in each of six service areas, for PW 2015 Public Works On-Call Services Attachments p City of Apache Junction,Arizona Page 1 Printed on 2/10/2015 •ACHES Public Works Department C.) i. Z (PlAttrite4(14":4941/ Home of the Superstition Mountains Otl4 . February 5, 2015 p To. Honorable Mayor and Members of the City Council Through. Bryant Powell, Assistant City Manager Giao Pham, Public Works Director From• Emile Schmid, City Engineer Subject Project PW 2015• Request for Statement of Qualifications for Public Works On- Call Services The City of Apache Junction Public Works Department has completed the Consultant selection process for the On-Call Consultant list for the above referenced project The review committee has reviewed seventy-three (73) submittals from fifty (50) submitting firms in accordance with City of Apache Junction Procurement Code. The following list shows all firms selected for the annual on-call services by Service Area (SA) SA 1: General Civil Engineering SA 4:Architecture,Planning&Landscape Design AZTEC Engineering Group, Inc Breckenridge Group HDR Engineering, Inc BWS Architects Entellus, Inc HDA Architects Kimley-Horn Saemisch + DiBella Architects, Inc. T.Y Lin International Swan Architects •� SA 2: Water& Wastewater SA 5:General Survey Services Carollo Engineers AMEC Environmental & Infrastructure, Inc Entellus, Inc AZTEC Engineering Group, Inc HDR Engineering, Inc David Evans &Associates, Inc Kimley-Horn Entellus, Inc. Michael Baker International Wood/Patel &Associates, Inc. SA 3:Environmental&Archaeological SA 6:Geotechnical AZTEC Engineering Group, Inc. ACS Services, LLC Kimley-Horn AMEC Environment & Infrastructure, Inc. Logan Simpson Design, Inc Ninyo & Moore Ninyo & Moore Ricker Atkinson McBee & Morman SWCA Environmental Consultants Speedie &Associates, Inc 575 E Baseline Ave , Apache Junction, AZ 85119 Tel (480) 982-1055 • Fax (480) 982-8005 PROFESSIONAL SERVICES AGREEMENT FOR PW 2015 - PUBLIC WORKS ON-CALL SERVICES THIS AGREEMENT is made and entered into this day of , 2015, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") , and *** COMPANY NAME HERE ("Consultant") , for the project entitled "PW 2015 - PUBLIC WORKS ON-CALL SERVICES" (the "Project") , collectively referred to as the "Parties", or individually as a "Party" . WHEREAS, City desires to retain consultants to furnish design/planning and general civil engineering services and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the Parties; and WHEREAS, in procuring these services, City has complied with the open market procedures set forth in Apache Junction City Code Article 3-7 . NOW, THEREFORE, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services required according to the terms and conditions and for the consideration set forth below 1 . CONSULTANT' S DUTIES Consultant shall perform professional services for completion of the Project as detailed and described in Exhibit A - Scope of Work/Services attached hereto and made a part hereof by this reference. Consultant shall perform these services and/or through such other personnel as may be required who are employed or retained by Consultant as outlined in Consultant' s Statement of Qualifications ("SOQ") submittal document, and who the Consultant shall make available to City within 48 hours of a request for services If the Consultant is unable to comply with the request, the City may contact another Consultant under contract with City to provide such services 2 PERIOD OF SERVICE The period of service is for one (1) year beginning from the Execution Date of this Agreement . The Agreement will be renewed automatically and continuously for two successive periods of one (1) year, from the original signing of the Agreement as long as 1) City budgets 1 for and appropriates funds for the successive renewal terms; and 2) neither Party terminates this Agreement City may have more than one Consultant under contract to perform the services described in this Agreement City in its own discretion and as it deems necessary, may choose any one consultant or combination of consultants to perform the types of services described in this Agreement, and City' s decision shall be final City' s choice of consultant (s) for any particular work assignment shall be entirely at City' s own discretion City shall provide the Consultant with five (5) working days notice when its services are discontinued either because (a) City has determined that no additional work assignments are currently available requiring the Consultant ' s services; or (b) City in its sole discretion, has determined that services performed by personnel provided by the Consultant are unsatisfactory City may use another consultant to complete any of Consultant' s work assignments that are left unfinished or which are deemed unsatisfactory During the Agreement Term, the Consultant ' s services may still be requested by the City if future work assignments become available and/or the Consultant provides personnel satisfactory to the City 3 . COMPENSATION For services described in Section 1 of this Agreement, City agrees to pay Consultant for services actually performed and expenses actually incurred by Consultant under this Agreement and Consultant agrees to accept compensation based on services actually performed and accepted by City and expenses actually incurred by Consultant under this Agreement in an amount not to exceed [*** Service Area 1 & 2 - Three Hundred Thousand Dollars ($300, 000 . 00) , Service Areas 3-6 . One Hundred Thousand Dollars ($100, 000 00) ***] for each separate annual renewal period based on the estimated breakdown of said sum set forth in Exhibit B - Fee Schedule, attached hereto and made a part hereof City shall pay Consultant in installments based upon monthly progress reports and invoices and a final progress report and invoice submitted by Consultant in accordance with the amounts outlined in attached Exhibit B - Fee Schedule The progress reports and invoices shall show percentage of services completed to date under this Agreement by category of personnel, and expenses incurred to the date of the invoice by expense classification It is understood and agreed, however, that payment to Consultant of installment payments shall not be construed as a waiver by City of any of its rights herein or of any claim City may have against Consultant under this Agreement 2 Final payment is based upon Consultant' s compliance with all the terms of this Agreement and City' s acceptance of the services performed under this Agreement and shall be made within thirty (30) calendar days from the date of acceptance by City Exhausting the total amount payable for activities described in Section 1 above shall not relieve Consultant of its obligations to perform such services. Should City request additional services beyond those specified in Section 1, Consultant' s Duties, Consultant shall charge, and City shall pay, an hourly rate as per the Proposal and per Exhibit B - Fee Schedule. 4 . CONSULTANT BILLING: Consultant shall bill City on a time and expense basis in a total amount not to exceed Section 3 above, and shall only bill for work completed during the billing cycle of the invoice City shall pay such billings within thirty (30) calendar days of the date of receipt . 5 CITY' S SHARED DOCUMENTS • City shall furnish the Consultant with all data, information and other supporting services specified in Exhibit A - Scope of Work/Services. 6 . CONSULTANT' S STANDARD OF PERFORMANCE : While performing the services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant' s profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and professional judgment while exercising its professional skill and expertise. Consultant shall be responsible for negligent, reckless, or intentional errors and omissions oak Consultant commits in the performance of this Agreement 7 . NOTICES • All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel If to City: Emile Schmid, P.E. , City Engineer City of Apache Junction 575 E Baseline Ave. Apache Junction, AZ 85119 If to Consultant *** CONTACT NAME , Consultant *** CONTACT TITLE HERE *** COMPANY NAME HERE *** ADDRESS HERE *** CITY STATE ZIP 3 00. 8 TERMINATION• This Agreement may be terminated by either Party upon fifteen (15) calendar days written notice. If this Agreement is terminated, Consultant shall be paid for services performed to the date of such termination notice. In the event of such termination, Consultant shall deliver to City all work in any state of completion at the date of effective termination. As a condition precedent to termination for cause the terminated party shall have the notice period to cure such cause and shall have failed to so cure 9 SUBCONTRACTORS Consultant shall, within ten (10) calendar days after the execution of this Agreement and before awarding any subcontract, furnish City with a list of proposed Subcontractors, if any, and shall not employ any that City may object to for any reason. Consultant agrees that it is as fully responsible to City for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Consultant . Nothing contained in the Agreement shall create any contractual relations between any Subcontractor and City 10 RECORDS• Records of Consultant' s labor, payroll, and other costs pertaining to the time based and reimbursable expenses for this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request Consultant 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 . 11 INSURANCE• Consultant shall secure, pay for and maintain in full force and effect for the duration of this Agreement, Worxers' Compensation (if required under the laws of the States of Arizona) , and comprehensive commercial general, automobile, and professional liability insurance coverage described hereinafter, such coverage to be provided by an insurance company which is authorized to transact insurance business in the State of Arizona Prior to City' s execution of this Agreement and prior to Consultant' s commencement of the services, Consultant shall furnish certificates of insurance and required endorsements from each insurance carrier certifying that policies of insurance 4 have been issued to Consultant in at least the amounts specified herein. 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 E Superstition Blvd. Apache Junction, AZ 85119 Attn: Richard J. Stern, City Attorney Each certificate of insurance and endorsement shall provide that in the event of anticipated expiration or proposed cancellation of the insurance policy for any reason whatsoever, the insurance carrier shall notify the City Attorney not less than thirty (30) calendar days before the expiration or cancellation is effective Consultant shall also cause any other professional consulting firm that is retained by Consultant to perform subconsultant work under this Agreement and to obtain and maintain comparable insurance unless covered by Consultant' s insurance All insurance policies shall contain the following provisions and coverages Workers' Compensation Insurance This insurance shall be in accordance with the requirements of Arizona Revised Statutes Annotated (A R S ) § 23-900 et seq for all employees of Consultant By execution of this Agreement, Consultant certifies as follows • "I am aware and understand the provisions of A.R. S . § 23-900 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 Consultant has no employees for which workers' compensation insurance is required, Consultant shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Consultant employs any employees subject to coverage. 5 General Liability Insurance All liability insurance shall cover commercial general and automobile liability for both bodily injury, including death, and property damage, including but not limited to aggregate products, aggregate operations, aggregate protective and aggregate contractual with the following minimum limits Bodily Injury $250, 000 Each Person (Including death) $500, 000 Each Occurrence $500, 000 Aggregate Products and Completed Operations Property Damage $100, 000 Each Occurrence $250 , 000 Aggregate Professional Liability Insurance Professional Liability $500, 000 Per Claim Insurance $500, 000 Aggregate A combined single-limit policy will be aggregate limits in the amount of $1, 000, 000 will be considered equivalent to the required minimum limits 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 City and shall include City as an additional insured for General Liability Insurance. The policy or policies shall be in the usual form of a public liability insurance, but the General Liability and Automobile Liability Insurance 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. " 12 RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Consultant 13 ENFORCED DELAYS (FORCE MAJEURE) : Neither 6 City nor Consultant, 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 subconsultants or materialmen due to such causes, acts of public enemy, war, terrorism or act of terror (including but not limited to bio- terrorism or eco-terrorism) , nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors, or investors desired by Consultant in connection with the Project . Consultant agrees that Consultant 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 116. 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 14 INDEMNIFICATION. Consultant shall indemnify, and hold City, its officers and employees harmless from loss, damage, claim for damage, liability, expense, or cost, including reasonable attorneys' fees, to the extent they arise out of the negligent performance of work under this Agreement by Consultant, or any of Consultant' s employees, Agents or Subconsultants, and from all claims by Consultant' s employees, Subconsultants and Agents for compensation for services rendered to Consultant in the performance of this Agreement, notwithstanding that City may have benefited from their services. This indemnification provision shall apply to negligent acts or omissions, or negligent conduct, whether active or passive, on the part of Consultant or Consultant' s 7 employees, Subconsultants or Agents This section shall survive the expiration or early termination of the Agreement 15 . WAIVER OF TERMS AND CONDITIONS: The failure of City or Consultant to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect . 16 INDEPENDENT CONTRACTOR Consultant shall at all times during Consultant' s performance of the services retain Consultant' s status as independent contractor. Consultant' 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 Consultant . 17 GOVERNING 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 attorneys' fees, necessary witness fees and court costs to be determined by the court in such action 18 OWNERSHIP OF RECORDS AND REPORTS . All of the files, reports, documents, information and data prepared or assembled by Consultant under this Agreement with the exception of those standard details and specifications regularly used by the Consultant in its normal course of business shall upon payment of all amounts rightfully owed by the City to the Consultant herein be and remain the property of City and shall be forwarded to City at any time City requires such papers. Any reuse or modification of such documents for purposes other than those intended by the Consultant in its Scope of Services shall 8 be at the City' s sole risk and without liability to the Consultant . 19 . LICENSE: Consultant represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Consultant understands that the activity described herein constitutes "doing business in the Allbk City of Apache Junction" and Consultant agrees to obtain privilege tax license pursuant to Article 8-2-1 of the Apache Junction City Code and keep such license current during the Term of this Agreement . Any activity by Subconsultants within the corporate city limits, will invoke the same privilege tax regulations on any subconsultants, and Consultant shall contract only with subconsultants who possess a current valid City of Apache Junction privilege tax license and shall maintain a copy of the current license on file . The Consultant shall provide reasonable documentation that any subconsultant utilized for this project shall possess a current valid City of Apache Junction business tax license throughout the duration of this Agreement . 20 NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Consultant Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part Consultant shall not assign any monies due or to become due to it hereunder without the prior written consent of City. 21 . ENTIRE AGREEMENT This Agreement and any .•k attachments represent the entire agreement between City and Consultant 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. 22 SEVERABILITY City and Consultant 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 9 .00.104 City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, City Code or City Charter) , 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 23 CONFLICTS OF INTEREST The provisions of A.R S § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this Agreement . 24 . COMPLIANCE WITH FEDERAL AND STATE LAWS Consultant understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 The following is only applicable to construction contracts Consultant must also comply with A.R.S § 34-301, "Employment of Aliens on Public Works Prohibited" , and ARS § 34-302 , as amended, "Residence Requirements for Employees" . Under the provisions of ARS § 41-4401, Consultant hereby warrants to the City that the Consultant and each of its Subconsultants ( "Subconsultants") will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees and ARS § 23-214 (A) (hereinafter "Consultant Immigration Warranty") A breach of the Consultant Immigration Warranty shall constitute a material breach of this Agreement and shall subject Consultant to penalties up to and including termination of this Agreement at the sole discretion of the City. City retains the legal right to inspect the papers of any Consultant or Subconsultant employee who works on this Agreement to ensure that the Consultant or Subconsultant is complying with the Consultant Immigration Warranty Consultant agrees to assist the City in regard to any such inspections 10 City may, at its sole discretion, conduct random verification of the employment records of Consultant and any of Subconsultant to ensure compliance with Consultant ' s Immigration Warranty. Consultant agrees to assist the City in regard to any random verifications performed Neither Consultant nor any Subconsultant shall be deemed to have materially breached the Consultant Immigration Warranty if the Consultant or Subconsultant establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214 (A) . The provisions of this Section must be included in any contract the Consultant enters into with any and all of its Subconsultants who provide services under this Agreement or any subcontract "Services" are defined as furnishing labor, time or effort in the State of Arizona by a consultant or subconsultant Services include construction or maintenance of any structure, building or transportation facility or improvement to real property 25 FEDERAL PROJECT FUNDING: Consultant understands and acknowledges that some of the projects completed under this Agreement may be funded in whole or in part by Federal Funds, including but not limited to Community Development Block Grant (CDBG) funds Consultant shall retain records related to Federally funded projects per Federal requirements . Ilabk Consultant and Subconsultants are required to have a DUNS number and be registered on the SAM gov website . Consultant shall complete a Civil Rights Certification as detailed and described in Exhibit C - Civil Rights Certification, attached hereto and made a part hereof by this reference . The City, as required by national policy, the Arizona Department of Housing and the CDBG Program, is an Affirmative Action Employer and therefore encourages the use of minority business enterprises, women-owned business enterprises and small business enterprises in a rural area whenever possible Consultant shall complete an Affirmative Action Certification as detailed and described in Exhibit C - Civil Rights Certification 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. CONSULTANT• *** COMPANY NAME HERE p By Title CITY OF APACHE JUNCTION, an Arizona municipal corporation JOHN S INSALACO Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM RICHARD J. STERN City Attorney 12 Exhibit A - Scope of Work/Services * * * Only one of the six service areas shown below will remain in the agreement depending on the service area the consultant was selected for. * * * .�. General Scope of Services: The scopes of work for any on-call projects may include design, specification review and other miscellaneous services for the following not to exceed contract limit service areas listed below. A detailed description of each Service Area is provided below Service Area 1: General Civil Engineering Contract Limit: $ 300, 000 Sub-elements. * Roadway / Drainage Infrastructure * Traffic Engineering / Transportation * Water Resources / Hydraulics / Hydrology / Floodplains * Water/Wastewater * Design of Concrete Structures (Roadway & Drainage) Scope of Work/Services (including but not limited to) Development of sound, cost conscious and schedule sensitive project recommendations/solutions; preparation of construction An. designs/studies/documents etc for roadway design, bridge culvert design, open channel design, transportation and infrastructure master plans, roadway corridor/alignment studies, roadway design concept reports, water and sewer utility design/planning studies, and Capital Improvement Program financing plans, and facility needs for various departments Service Area 2 : Water & Wastewater Contract Limit: $ 300, 000 Scope of Work/Services (including but not limited to) : Water/wastewater studies, modeling, new construction, upgrades, rehabilitation, or other modifications . Typical projects include treatment facilities, pump stations, metering facilities, buildings, offsite improvement line extensions, etc 13 Service Area 3 : Environmental & Archaeological Contract Limit: $ 100, 000 Scope of Work/Services (including but not limited to) Environmental assessments, Phase 1 site assessments if required by other agencies, Phase 2 categorical exclusions, environmental guidelines & clearances relating to federal & state lands, turn- key environmental assessment/remediation, NEPA documentation, Clean Water Act permitting, or other biological/cultural environmental studies as they pertain to Public Works projects Service Area 4 : Architecture, Planning & Landscape Design Contract Limit: $ 100, 000 Scope of Work/Services (including but not limited to) Traditional architecture building related projects, planning services, and landscape architect services, facilities improvements for various City departments Service Area 5 : Survey / Right of Way Acquisition Contract Limit: $ 100, 000 Scope of Work/Services (including but not limited to) • Boundary/topographic surveys, construction staking, right-of-way acquisition, relocation assistance services and horizontal and vertical control network services (GDACS) Service Area 6 : Geotechnical Contract Limit: $ 100, 000 Scope of Work/Services (including but not limited to) • Geotechnical engineering services as they pertain to Public Works projects 14 Exhibit C - Civil Rights Certification CERTIFICATIONS CIVIL RIGHTS The undersigned is fully aware that this contract is wholly or partially federally funded, and further, agrees to abide by the. Civil Rights Act of 1964, Title VI, as amended, that provides no person on the basis of Race, Color, or National Ongm shall be excluded from participation, denied program benefits,or subjected to discrimination And, Civil Rights Act of 1968, Title VIII, as amended, will not discnmmate m housmg on the basis of Race,Color,Religion, Sex, or National Ongm And, Rehabilitation Act of 1973, Section 504, as amended, that no otherwise qualified mdividual shall solely by reason of his or her handicap be excluded from participation and/or employment, denied program benefits, subjected to discnmmation under any program receiving federal funds, And, Housing and Community Development Act of 1974, Section 109, as amended, that no person shall be excluded from participation (including employment), demed program benefits, or subjected to discrimmation on the basis of Race, Color, National Ongm, Sex, Age, and Handicap under any program or activity funded in whole or part under Title I(CDBG)of the Act. And, Age Discrimination Act of 1975, as amended, that no person shall be excluded from participation, demed program benefits, or subjected to discnmmation on the basis of age under any program or activity receivmg federal funds And,Americans with Disabilities Act of 1990, as amended, that there shall be no employment discrimmation against "qualified mdividuals with disabilities " And, Executive Order 11063, that no person shall, on the basis of race, color, religion, sex, or national origin, be discriminated against m housmg and related facilities provided with federal assistance, or lendmg practices with respect to residential property when such practices are connected with loans insured or guaranteed by the federal government And, Executive Order 11246, as amended, that no person shall be discrimmated against, on the basis of race, color, religion, sex, or national origin, m any phase of employment during the performance of federal or federally assisted construction contracts m excess of$10,000 16 EQUAL EMPLOYMENT OPPORTUNITY During the performance of the contract,the CONTRACTOR agrees as follows 1 The CONTRACTOR will not discriminate agamst any employee or applicant for employment because of race, creed, sex, color, national ongm, familial status, religious eiN affiliation or handicap The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, national origin, familial status, religious affiliation or handicap Such action shall include, but not be limited to, the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the GRANTEE setting forth the provisions of this non-discrimination clause. 2. The CONTRACTOR will, m all solicitation or advertisements for employees placed by or on behalf of the CONTRACTOR for the GRANTEE, state that all qualified applicants will receive consideration for employment without regard to race, creed, sex, color, national ongin, familial status,religious affiliation or handicap. 3 The CONTRACTOR will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be bmding upon each subcontractor, provided that the foregomg provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw matenals 4 The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the GRANTEE's Department of Housing and/or Community Development and the Om\ Secretary of Labor for purposes of mvestigation to ascertain compliance with such rules, regulations and orders 5. In the event of the CONTRACTOR's non-compliance with any provision of this contract or with any of such rules, regulations or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts m accordance with procedures authonzed in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies mvoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,or order of the Secretary of Labor, or as otherwise provided by law. 6 The CONTRACTOR will mclude the provisions of the subparagraphs 12 (a)through(f) m every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretaryof Labor issuedpursuant to Section 204 of Executive Order 11246 of September � 24, 1965, so that such provision will be bmdmg upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the GRANTEE's Department of Housing and/or Community Development may direct as a 17 '^ means of enforcmg such provisions including sanctions for non-compliance Provided, however, that m the event the CONTRACTOR becomes involved m, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the GRANTEE's Department of Housing and/or Community Development, the CONTRACTOR may request the United States to enter mto such litigation to protect the mterests of the United States AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS SECTION 503 (if contract$25,000 or over) 1. The CONTRACTOR will not discnmmate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The CONTRACTOR agrees to take affirmative action to employ, advance m employment and otherwise treat qualified handicapped individuals without discnmmation based upon their physical or mental handicap in all employment practices such as the following• employment, upgrading, demotion or transfer, recruitment, advertismg, layoff or termination, rates of pay or other forms of compensation,and selection for training,including apprenticeship 2 The CONTRACTOR agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act 3 In the event of the CONTRACTOR's non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act 4 The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director,provided by or through the contracting officer. Such notices shall state the CONTRACTOR's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees 5 The CONTRACTOR will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the CONTRACTOR is bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance m employment physically and mentally handicapped individuals 6 The CONTRACTOR will include the provisions of this clause m every subcontract or purchase order of$2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the Director of the Office of Federal contract Compliance Programs may direct to enforce such provisions,mcludmg action for non-compliance 18 FLY ASH CERTIFICATION The undersigned is fully aware that this contract is wholly or partially federally funded, and further by submission of this bid certifies that the percentage of fly ash m the concrete or cement is or will be consistent with the amounts required by the EPA Guidelines and/or Code of Federal Register 9CFR)for federal procurement of cement and concrete containing fly ash, which is attached fr ACCESS TO RECORDS AND RECORDS RETENTION The undersigned certifies,to the best of his or her knowledge and belief that. 1. The individual, sole proprietor,partnership, corporation,and/or association agrees to permit the City of Apache Junction,Arizona Department of Housing Development(ADOH),U S Department of Housing and Urban Development (HUD), and the Office of the Inspector General and/or their designated representatives to have access to all records for review, monitoring, and audit durmg normal working hours 2 The individual, sole propnetor, partnership, corporation, and/or association agrees to retain all records for at least five years following the "official Arizona Department of Housing Development "Closeout" date of the grant or the resolution of all audit findings,whichever is later. CONFLICT OF INTEREST The undersigned is fully aware that this contract is wholly or partially federally funded, and further,by submission of the bid or proposal that the individual or firm, certifies that. 1 There is no substantial interest, as defined by Arizona Revised Statute §§38-503 through 505, with any public official, employee, agency, commission, or committee with the City of Apache Junction. 2. Any substantial interest, as defined by Arizona Revised Statute §§38-503 through 505, with any public official, employee, agency, commission, or committee (including members of their immediate family) with the City of Apache Junction that develops at any time during this contract will be immediately disclosed to the City of Apache Junction ANTI-LOBBYING CERTIFICATION The undersigned certifies,to the best of his or her knowledge and belief that. 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any federal 19 contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant,loan, or cooperative agreement 2 If any funds other than federal appropriated funds have been paid or will be paid to any person for influencmg or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Fonn- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions 3. The undersigned shall require that the language of this Certification be included in the award documents for all sub-awards to all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly CERTIFICATIONS SIGNATURE FORM Return this page with proposal. These Certifications (Civil Rights, Equal Employment Opportunity, Affirmative Action for Handicapped Workers -Section 503, Fly Ash, Access to Records and Records Retention, Conflict of Interest, Lobbying) are a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of these Certifications is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U S Code Any person who fails to file the required Certifications shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure (Typed name of official) (Signature of official) (Typed name of firm) (Date) 20 II Affirmative Action Certification The City of Apache Junction, as required by national policy, the Arizona Department of Housing and the CDBG Program, are Affirmative Action Employers and therefore encourage the use of minority business enterprises, women-owned business enterprises and small business enterpnses in a rural area whenever possible Although not required as a part of the proposal, the City of Apache Junction requests your cooperation in submitting the following certification as a part of your proposal Name of Firm: 1. Minority Business Enterprise Yes_ No A minority business enterprise is a business concern that is (1) at least 51 percent owned by one or more minority individuals, or, in the case of a publicly owned busmess, at least 51 percent of the stock is owned by one or more minority individuals, and (2) whose daily business operations are managed and directed by one or more of the minority owners There is no standard definition of minority used by all federal financial assistance agencies; however, recipients shall presume that minority individuals include Black Americans, Hispanic Americans, Native Amencans, Asian Pacific Americans, or other groups whose members are found to be disadvantaged by the Small Business Act or by the Secretary of Housing under Section 5 of Executive Order 11625 Business firms which are 51 percent owned by minorities, but are in fact managed and operated by non-minority individuals do not qualify. 2. Women Business Enterprise Yes No A women business enterprise(WBE) is a business concern that is, (1) at least 51 percent owned by one or more women, or, in the case of a publicly owned business; at least 51 percent of the stock is owned by one or more women, and, (2) whose daily business operations are managed and directed by one or more of the women owners Business firms which are 51 percent owned by women, but are in fact managed and operated by men do not qualify 3. Small Business Enterprise in a Rural Area Yes_ No A small business enterprise m a rural area (SBRA) is a busmess concern that is physically located outside any standard metropolitan statistical area This Certification is a material representation of fact upon which reliance was placed when this transaction was made or entered mto (Typed name of official) (Signature of official) (Typed name of firm) (Date) 21 ROLL CALL VOTE NOTES. oh ff� > ITEM # MEETING OF I ' ; /4/ vti- MOTION BY b)‘114-1v) SECONDED BY: >"V YjgS NO ABSTAINED COUNCILMEMBER EVANS VICE MAYOR BARKER I COUNCILMEMBER RIZZI ✓ COUNCILMEMBER WALDRON I COUNCILMEMBER SERDY COUNCILMEMBER WILSON J MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL r CONSENT AGENDA ITEM NOS. 1-3 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN TO THE PROFESSIONAL SERVICE AGREEMENTS FOR PW 2015 PUBLIC WORKS ON-CALL SERVICES BETWEEN THE CITY OF APACHE JUNCTION AND AZTEC ENGINEERING GROUP, INC., HDR ENGINEERING, INC., ENTELLUS, INC., KIMLEY-HORN, AND T.Y. LIN INTERNATIONAL IN SERVICE AREA 1• GENERAL CIVIL ENGINEERING, CAROLLO ENGINEERS,ENTELLUS, INC ,HDR ENGINEERING, INC , KIMLEY-HORN AND MICHAEL BAKER INTERNATIONAL IN SERVICE AREA 2: WATER AND WASTEWATER, AZTEC ENGINEERING GROUP, INC., KIMLEY-HORN, LOGAN SIMPSON DESIGN, INC.,NINYO & MOORE, AND SWCA ENVIRONMENTAL CONSULTANTS IN SERVICE AREA 3. ENVIRONMENTAL AND ARCHAEOLOGICAL; BRECKENRIDGE GROUP, BWS ARCHITECTS, HDA ssi. ARCHITECTS, SAEMISCH+DIBELLA ARCHITECTS, INC , AND SWAN ARCHITECTS IN SERVICE AREA 4. ARCHITECTURE, PLANNING& LANDSCAPE DESIGN; AMEC ENVIRONMENTAL &INFRASTRUCTURE, INC , AZTEC ENGINEERING GROUP, INC, DAVID EVANS & ASSOCIATES, INC.,ENTELLUS,INC , AND WOOD/PATEL& • ASSOCIATES, INC., IN SERVICE AREA 5. GENERAL SURVEY SERVICES; AND ACS SERVICES, LLC, AMEC ENVIRONMENTAL &INFRASTRUCTURE, INC.,NINYO & MOORE,RICKER ATKINSON MCBEE &MORGAN, AND SPEEDIE &ASSOCIATES, INC. IN SERVICE AREA 6- GEOTECHNICAL, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY City of Apache Junction, Arizona 300E Superstition 4:, --t _. � Boulevard . S. Agenda Item Cover Sheet Apache Junction,AZ 85119 • • Agenda Item No.4. " ' �� ` File ID: 14-677 Sponsor. Matt Busby Agenda Date•2/17/2015 I be'. Index. In Control City Council Meeting ..■. �' 4 Presentation and discussion on pending or proposed state legislation with District 16 state legislators to include Senator David Farnsworth and Representative Kelly Townsend Attachments. p City of Apache Junction,Arizona Page 1 Printed on 2/10/2015 r4J .. City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction,AZ 85119 _; Agenda Item Cover Sheet Agenda Item No 5 File ID 14-608 Sponsor Bryant Powell Agenda Date 2/17/2015 Index. In Control. City Council Meeting City manager's report Attachments City of Apache Junction,Arizona Page 1 Printed on 2/10/2015 PUBLIC HEARING 1. For APPLICATION FOR TEMPORARY EXTENSION OF PREMISES OF THE FRATERNAL ORDER OF EAGLES #3850 FOR FEBRUARY 28, 2015 AND MARCH 28,2015 AT 2315 S. COCONINO. 2. Will CITY CLERK KATHY CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. z�`��►r Cityof Apache Junction, Arizona300ESuperstition ` ; , pac Boulevard iy � Apache Junction AZ 85119 Agenda Item Cover Sheet Agenda Item No 6 File ID: 14-680 Sponsor. Kathy Connelly Agenda Date.2/17/2015 Index: Local/State/Federal Statutory Requirement In Control. City Council Meeting Consideration of application for a temporary extension of premises for the Fraternal Order of Eagles#3850 for February 28, 2015 and March 28, 2015 at 2315 S Coconino The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control Attachments. City of Apache Junction,Arizona Page 1 Printed on 2/10/2015 JANUARY 28, 2015 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R. HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR FEBRUARY 17, 2015 APPLICATION FOR AN EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES #3850 An application for an extension of premises has been submitted by Mr William Kimball of Fraternal Order of Eagles #3850 for February 28, 2015 and March 28, 2015 at 2315 S Coconino, Apache Junction Correspondence has been received from the building division, planning division, police department and fire district, a copy of which is attached. Please note the comment from the building division The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5T" Floor 400 W Congress#521 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF UQUOR ❑ Permanent change of area of service—Give specific purpose of change at Temporary change for date(s) of .', .Z —"b.- 1— 3 'Z r 1 Licensee's Name / //14 bC. // 1/4/, ///<' 44-1 Last First Middle 2 Mailing Address. i 5 / C/ / I, ve ✓h es J ei P e 61i e >G/ 42 5 '...-:CCl City State Zip / p3j �' {�i � I � C' � l 3 Business Name C{/.4!-T[Y N 't / C7 c/' i'( r y9/ r LICENSE#: 4 Business Address 3 /�" . L‘ (L; 6 i /A 4) /3l' / I h 4 / HZ. 5^-.? I Ci City COUNTY State Zip 5 Business Phone (`'/ " ) 41 3 c- 7 C' I Residence Phone (l'a ' ) 7 7 6 70 5 5 6 Do you understand Arizona Liquor Laws and Regulations? ® YES D NO FAX # 7 Have you received approved Liquor Law Training? 0 NO ra YES When? 8 What security precautions will be taken to prevent liquor violations in the extended area'? 0(P[4 «'5 C' T l h •r eta/r 9. Does this extension bring your premises within 300 feet of a church or school? 0 YES NO 10 IMPORTANT- ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD. I 'After completing sections 1-9,take this application toyour local Board of Supervisors, City Council or Designate —for their recommendation. This recommendation is not binding on the Department of Liquor. This change in premises is RECOMMENDED by the local Board of Supervisors, City Council or Designate (Authorized Signature) (Title) (Agency) I, �r fifer '''. r'</ / / ' // being first duly sworn upon oa _-►" x•eposQT o Pu L are, (Print full name) under P under penalty of perjury, that I am the APPLICANT making the foregoing application I a( °-'•°� 6 1oplQ ents and all statements are true, correct and complete My Commiar,.ian <,>ires 01/31/15 // State of r'�r ; a_, ,,e` County of I i'� a X([(, .I`( c t 4,C''C' SUBSCRIBED IN MY PRESENCE AND SWORN TO before me this date (Signature of Owner or Agent) 2 AJ c( n,,; .�o i � may — Month Cl Year My commission expires on------c:Q ti v,P--1. - ( ) CI S - > - - (Sin e of N TARY PUBL Investigation Recommendation ❑Approval ❑ Disapproval by Date Director Signature required for Disapprovals Date E ---� 5 -) 1.,) 1 ) C) Da / rp""'ir."'it ___ r7a �z& R K r /,-'C Le, r I 23 c� ��� �1.: 7► WI Az sc.,a R L 4'u , P?P CH .0 ti I rii,"/„.„,,,c,„ache/ Home of the Superstition Mountains 4 oN. January 26, 2015 William Kimball Lost Dutchman Fraternal Order of Eagles #3850 7519 E. Inverness Avenue Mesa, AZ 85209 Dear Mr Kimball Please be advised that your application for an Extension of Premises for the Lost Dutchman Fraternal Order of Eagles #3850 for February 28, 2015 and March 28, 2015 at 2315 S Coconino has been scheduled for a public hearing. The Apache Junction City Council will hold a public hearing on February 17, 2015, at 7:00 p m in the City Council Chambers, 300 E. Superstition Blvd., Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control. Your attendance is requested should council have any questions on this application If you have any questions concerning this matter, please contact my office at (480) 982-8002. Sincerely, Kathleen Connelly City Clerk • Voice(480)982-8002 • FAX (480)982-7018 •TDD(480)983-0095 • www ajcity net 300 E Superstition Boulevard, Apache Junction,AZ 85119 JANUARY 26, 2015 MEMORANDUM TO: BUILDING DIVISION DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR LOST DUTCHMAN FRATERNAL ORDER OF EAGLES #3850 Mr William Kimball has submitted an application for a temporary extension of premises for February 28, 2015 and March 28, 2015 at the Lost Dutchman Fraternal Order of Eagles #3850, 2315 S. Coconino, Apache Junction. Please conduct the necessary inspections and submit your recommendation be email by Tuesday, February 3, in order for this item to be placed on the agenda for the City Council meeting of February 17, 2015. Janet Mason From: Dennis Dixon Sent: Wednesday, January 28, 2015 219 PM To: Larry Kirch Cc: Janet Mason Subject: RE Application for an extension of premises by#Eagles#3850 for February 28 and March 28 They need 2 three foot openings spaced equidistance in the fence providing access to a public way. From: Larry Kirch Sent: Monday, January 26, 2015 12:18 PM To: Dennis Dixon Subject: FW: Application for an extension of premises by #Eagles #3850 for February 28 and March 28 Dennis, would you look this over and let Jan Mason know if you have any comments Thank you, Larry From:Janet Mason Sent: Monday,January 26, 2015 8 57 AM To: Rudy Esquivias,John Suniga (john.suniga@sfmd az gov),Jeff Robinson, Larry Kirch Subject: FW.Application for an extension of premises by#Eagles#3850 for February 28 and March 28 It would help if I attached the application1 From:Janet Mason Sent: Monday,January 26, 2015 8.55 AM o. Rudy Esquivias;John Suniga (John suniga Wsfmd az gov);Jeff Robinson; Larry Kirch Subject.Application for an extension of premises by#Eagles#3850 for February 28 and March 28 I have received an application for an extension of premises from the Eagles#3850 for February 28 and March 28. Please have your department recommendations to me no later than Tuesday, February 3, in order for this to be on the February 17 agenda Thanks. Larry Are you handling the recommendation for the building division? If not, please forward to whomever you assign Thanks Jan 1 Janet Mason From: Rudy Esquivias Sent: Tuesday,January 27, 2015 5 57 PM To: Janet Mason,John Suniga (John suniga@sfmd az.gov);Jeff Robinson, Larry Kirch Subject: RE Application for an extension of premises by#Eagles#3850 for February 28 and March 28 Jan. Generally speaking,the Planning Division has no objections or concerns with these events, as long as the Eagles conduct them like they have in the past Thanks Ads c p?u[vias Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7. 00am to 6.00pm, closed Fridays and Holidays.) From: Janet Mason Sent: Monday, January 26, 2015 8 57 AM To: Rudy Esquivias; John Suniga (john.suniga@sfmd az.gov), Jeff Robinson; Larry Kirch Subject: FW: Application for an extension of premises by #Eagles #3850 for February 28 and March 28 It would help if I attached the application! i. From:Janet Mason Sent: Monday,January 26, 2015 8 55 AM To: Rudy Esquivias;John Suniga (John suniga@sfmd az gov);Jeff Robinson; Larry Kirch Subject:Application for an extension of premises by#Eagles#3850 for February 28 and March 28 I have received an application for an extension of premises from the Eagles#3850 for February 28 and March 28 Please have your department recommendations to me no later than Tuesday, February 3, in order for this to be on the February 17 agenda Thanks Larry Are you handling the recommendation for the building division? If not, please forward to whomever you assign. Thanks. Jan 1 AIINK Janet Mason From: Jeff Robinson Sent: Wednesday,January 28, 2015 10.05 AM To: Janet Mason Cc: Thomas Kelly;Troy Mullender Subject: RE Application for an extension of premises by#Eagles #3850 for February 28 and March 28 On January 28, 2015 I spoke to Mr. William Kimball, the licensee named on the application for the Eagles lodge concerning the extension of premises Mr. Kimball identified the extension of the premises as a construction fence that will be attached to the west side of the building with the only entrance/exit being the west door of the lodge.Only members and registered guest are allowed to attend the events On February 28,2015 the event will be a Corn Hole competition and the event on March 28 will be a Hillbilly golf tournament The police department has no objection to the extension of premises as we now know the limitations of the extension and details of the scheduled events. From: Janet Mason Sent: Monday, January 26, 2015 8'57 AM To: Rudy Esquivias; John Suniga (john.suniga@sfmd.az.gov); Jeff Robinson, Larry Kirch Subject: FW Application for an extension of premises by #Eagles #3850 for February 28 and March 28 It would help if I attached the application! From:Janet Mason Sent' Monday,January 26, 2015 8.55 AM To: Rudy Esquivias,John Suniga (lohn.suniga@sfmd.az.gov),Jeff Robinson, Larry Kirch Subject:Application for an extension of premises by#Eagles#3850 for February 28 and March 28 I have received an application for an extension of premises from the Eagles#3850 for February 28 and March 28 Please have your department recommendations to me no later than Tuesday, February 3, in order for this to be on the February 17 agenda Thanks oal ..arry Are you handling the recommendation for the building division? If not, please forward to whomever you assign Thanks Jan 1 rp��v wecReoA Superstition Fire & Medical District ,FAI �o G f'' 3700 E 16th Avenue, Apache Junction, AZ 85119 (-,`/ rr ., Phone (480) 982-1299, Fax (480) 982-3268 •eOra.zo`° www sfmd az gov MEMORANDUM TO Jan Mason, Deputy City Clerk City of Apache Junction 300 E Superstition Blvd Apache Jct, AZ. 85219 FROM John Suniga,Deputy Fire Marshal DATE January 28, 2015 SUBJECT Application for Extension of Premises(March 28,2015)—2315 S. Coconino,Apache Jct., AZ The Superstition Fire/Medical Distnct has reviewed the application as noted above regarding the facilities at 2315 S Coconino, (Fraternal Order of Eagles#3850) We have recently completed an annual fire and life safety inspection with no major violations found We therefore would recommend approval of this application Thank you for your notification on this matter. If you have any further questions regarding this inspection, please feel free to contact my office at 982-1299 Thank You JOS ATTN: Application ROLL CALL VOTE ,lic) NOTES. ailr sPU ( ' PI i 9, ,7\4°'''1 /.4/ 4)9 9i,. , -,,/ ...... \, . /' 9/I di) ITEM# U MEETING OF MOTION BY I" v SECONDED BY: W/o 7YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY VICE MAYOR BARKER COUNCILMEMBER WILSON COUNCILMEMBER RIZZI iMAYOR INSALACO ION lilk UNANI OUS IN FAVOR OPPOSED ABSTAINED TOTAL /nk • AOMI ITEM NO. 6 I MOVE THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR THE FRATERNAL ORDER OF EAGLES #3850 FOR FEBRUARY 28, 2015 AND MARCH 28, 2015, SUBMITTED BY WILLIAM KIMBALL, BE RECOMMENDED (FOR APPROVAL) OR(FOR DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 14-43, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON THIRTEENTH AVENUE FROM VAQUERO ROAD TO HILTON ROAD BE EXTINGUISHED. 2. Will PROJECT ENGINEER RAQUEL SCHATZ speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. 7:4r City of Apache Junction, Arizona 300 E Superstition ;Or "Crh, Boulevard 'Z' i : Agenda Item Cover Sheet Apache Junction,Az 85119 Agenda Item No.7 File ID: 14-685 Sponsor Raquel Schatz Agenda Date: 2/17/2015 .... Index Community Infrastructure In Control• City Council Meeting Consideration of proposed Resolution No 14-43, declaring that portions of public roadway easements located on Thirteenth Avenue from Vaquero Road to Hilton Road, and described in extinguishment case EX-14-43, are no longer necessary for public use as public roadway easements and are hereby extinguished as present and future public right-of-way Attachments: City of Apache Junction,Arizona Page 1 Printed on 2/10/2015 .ACNE 4 y I f Public Works Department z � � ,flil2'Z,�2'��7%/ r= _ Home of the Superstition Mountains 41i1ZaN. Date February 5, 2015 To: Honorable Mayor and Members of the City Council Through: Bryant Powell, Assistant City Manager Giao Pham P.E., Public Works Director From Raquel Schatz, Project Engineer Subject. Extinguishment of Federal Patent Easements Thirteenth Avenue from Vaquero Road to Hilton Road Proposed Resolution No. 14-43 Federal Patent Easements (FPEs) are one means whereby property is accessed by our citizens in portions of Apache Junction FPEs were established as a means to provide public roadway access to Federal Patent parcels, and to mitigate the need of local government to acquire right- of-way to provide access to otherwise landlocked parcels FPEs are typically a total of 66 feet in width with 33 feet on each side of common parcel lines Thirteenth Avenue from Vaquero Road to Hilton Road has never been opened for public use or maintained by the City. This road is classified as a local roadway In addition,the FPEs do not provide access to any parcels which would be landlocked in the event of extinguishment Area transportation would not be adversely affected by an extinguishment of these portions of roadway easements Orrin and Mary Moen filed an application for the extinguishment of the above mentioned portions of roadway easements on November 17th, 2014. The application included a support petition signed by the adjacent property owners, who support the extinguishment petition The property owners desire the use of the 33 feet for reduction of setbacks and to allow site improvements to proceed. 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice(480) 982-1055 • Fax (480) 982-8005 ON es RESOLUTION NO. 14-43 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON 13TH AVENUE FROM VAQUERO ROAD TO HILTON ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-14- ^ 43, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction, upon incorporation became the holder of federally patented easements ("FPEs") as described in Exhibit A and depicted in Exhibit B, for public roadway purposes; and WHEREAS, such easements may be extinguished by local municipalities pursuant to A.R.S. §§ 9-500.24 and 28-7214; and WHEREAS, on November 17, 2014, the "Applicant", paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on November 26, 2014, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Superstition Fire and Medical District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Salt River Project, Arizona Water Company, Superstition Mountains Community Facilities District No. 1, Centurylink, Mediacom, Southwest Gas, the Development Services Director, and the Public Safety Director; and WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement, and WHEREAS, the City Engineer has determined that the easements in question, because of their location, topography, and encroachments, have no or de minimis public value. RESOLUTION NO. 14-43 PAGE 1 OF 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS. 1 . The Mayor and City Council of the City of Apache Junction find that the roadway easements described in Exhibit A, and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes, have no or de minims public value, ON and are hereby extinguished for public roadway right-of-way purposes 2 . Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2015. SIGNED AND ATTESTED TO THIS DAY OF , 2015 JOHN S INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: ems RICHARD J. STERN City Attorney RESOLUTION NO 14-43 PAGE 2 OF 4 I^ OmS EXHIBIT A PARCEL 1 (Adjacent to parcel 103-18-038 and 103-18-037) The South thirty-three feet (33' ) of the Northeast quarter of the Northwest quarter of the Southeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (33' ) and the East thirty three feet (33' ) THEREOF; PARCEL 2 (Adjacent to parcel 103-18-050B and 103-18-050A) The North thirty-three feet (33' ) of the Southeast quarter of the Northwest quarter of the Southeast quarter of the Northeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (33' ) and the East thirty three feet (33' ) THEREOF; RESOLUTION NO 14-43 PAGE 3 OF 4 EXHIBIT "B" I I 029A 029B 030A 030B 031B 031A �• I L - - -J L _ _ ,� 12TH - I 039B —1 F 7 � I I I 039D I 036 Pri z 035 034 o� 070 038 037 O' I ' ' �' ►.,b.�.�♦A,.�.�.�.4. A. ... / — 13T H AVE N U E `� - - - - I - - - - - - o o 049A� I : , , , , Ij 050B 050A 031B 031A 049B I I. 1 I I o _ — ! — 14TH 1 AVENUE — — LEGEND 66' 33 3' ///i1 PROPOSED EXTINGUISHMENT — — — — — — — \\1 PREVIOUSLY EXTINGUISHED -- 33 � 33' ►►- - '1, DEDICATED RIGHT—OF—WAY ` — — — --- ROAD CENTERLINE TYPICAL FPE/ROW DIMENSION — — FEDERAL PATENT EASEMENT (UNLESS OTHERWISE NOTED) PROPERTY LINE 119-086 PATENT DEED(S) RESOLUTION NO. 14-43 Z ROLL CALL VOTE NOTES: ` 3 I ITEM # MEETING OF (UJ" MOTION BY SECONDED BY: 111J) YES NO ABSTAINED COUNCILMEMBER SERDY COUNCILMEMBER RIZZI �✓ COUNCILMEMBER EVANS ✓/ COUNCILMEMBER WILSON ✓ COUNCILMEMBER WALDRON J VICE MAYOR BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL oolk ITEM NO. 7 I MOVE THAT RESOLUTION NO. 14-43, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON 13TH AVENUE FROM VAQUERO ROAD TO HILTON ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-14-43, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, (BE APPROVED) OR(BE DENIED) Ink AM. `•� City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction AZ 85119 Agenda Item Cover Sheet Agenda Item No 8 File ID 14-686 Sponsor.Anna McCray Agenda Date 2/17/2015 Index. In Control. City Council Meeting Discussion on the structure of the city of Apache Junction's boards and commissions Council requested additional information on this subject during the February 2, 2015 Work Session Attachments City of Apache Junction,Arizona Page 1 Printed on 2/10/2015 to DATE February 17, 2015 TO Honorable Mayor and City Councilmembers FROM Anna McCray, Management Assistant THROUGH: Bryant Powell,Assistant City Manager SUBJECT City of Apache Junction Boards and Commissions At the February 2 City Council Work Session,city council expressed an interest in receiving additional information on the city's boards and commissions Please find below information pertaining to each city board and commission including a description of duties, number of members,terms of service, meeting frequency, and which are statutorily required Statutorily Required Boards and Commissions Board of Adjustment —Review and decision making on appeals or decisions made by the Zoning Administrator in the enforcement of the Zoning Ordinance Members also hear appeals from the Zoning Administrator's decisions in granting or denying variances and issuance of use permits and hear and decide all matters referred to the Board by the Zoning Administrator. Number of Members on Committee.7 Duration of Terms:3 years Residency Requirement.Yes Frequency of Meetings.As needed Statutorily Required.Yes (A.R.S. §9-462.06) Library Board —Informs and advises city council on matters of public interest and need in relation to the resources and services of the Apache Junction Public Library They also recommend the policy for governing, control and improvement of the Library and promote the public's awareness of the services available at the Library Number of Members on Committee.7 Duration of Terms. 3 years Residency Requirement:Yes Frequency of Meetings:Second Thursday of every month Statutorily Required.Yes(A.R.S.§9-411 to§9-419) Public Safety Personnel Retirement Board —Responsible for acting on applications for normal, accidental, disability retirements and survivor benefits filed by system members Number of Members on Committee.Varies Duration of Terms.4 years AIM /Mk Residency Requirement:Yes Frequency of Meetings.As needed Statutorily Required.Yes(A.R.S.§38-847) City Council Created Boards and Commissions Health and Human Services Commission — Reviews requests submitted by health and human services providers for the city funding and makes recommendations to city council regarding such funding.The group assists in the development of health care facilities and also makes recommendations regarding elderly health care and emergency transportation programs Number of Members on Committee:5 Duration of Terms.3 years Residency Requirement.3 of 5 members must be residents of city, no more than 2 members from the zone of influence Frequency of Meetings.As needed Statutorily Required. No Construction Code Board of Appeals — Consider and decide on appeals made by individuals regarding construction codes and decisions made by Code Compliance Officers The Board handles complaints of discrimination by property owners as well. Number of Members on Committee.6; 1 professional architect or engineer, 1 general contractor, 1 contractor other than a general contractor,and two lay persons Duration of Terms:3 years Residency Requirement: No Frequency of Meetings:As needed Statutorily Required: No (required by the Building Code adopted by city council;Article 7-1,Section 7-1-2(J)) Industrial Development Authority — Promotes industry and develops trade in the Apache Junction area and assists, financially and otherwise, in the rehabilitation, expansion and development of all kinds of businesses and industries, which promotes and assures job opportunities Number of Members on Committee.7 Duration of Terms.6 years Residency Requirement.Yes Frequency of Meetings.As needed Statutorily Required. No (authorized by A.R.S. §35-702 but not required) Municipal Property Corporation — Authorizes debt issued,to finance capital infrastructure or refinance existing debt The Corporation reviews the City's Annual Report and Certificate of Disclosure at the end of each fiscal year. The group is required by the Arizona Corporation Commission to file a Corporation Annual Report and Certification of Disclosure along with the Listing of all Municipal Corporation Officers and Directors.This report must include the City's annual Assets and Liabilities. Number of Members on Committee.5 Duration of Terms.3 years Residency Requirement:Yes Frequency of Meetings:Annually,and when a bond issue may be considered Statutorily Required: No(authorized by A R.S. §15-1023.01 but not required) Parks and Recreation Commission —Recommends regulations and policies for the government,control and improvement of the public parks The Commission also recommends fees for the use of public park facilities and other changes as necessary for the efficient management of the City parks and the City's recreation program There are seven members appointed for three-year terms Meetings are held the first Wednesday of every month Number of Members on Committee.7 Duration of Terms.3 years Residency Requirement.Yes Frequency of Meetings: First Wednesday of each month Statutorily Required.No Planning and Zoning Commission — Considers zoning change requests from developers for uses such as shopping center developments or housing projects with recommendation to city council,considers and has authority to issue ,^ conditional use permits, and strategizes on maintaining stabilization of the housing and building in Apache Junction. Number of Members on Committee:7 Duration of Terms.3 years Residency Requirement.Yes Frequency of Meetings.Second Tuesday of the month for a work session,and the fourth Tuesday for a regular meeting Statutorily Require& No(authorized under A.R.S.§9-461.02 but not required) Please let me know if you have questions on any of the information provided ITEM NO. 8 DISCUSSION ITEM ONLY-NO ACTION AT THIS TIME ROLL CALL VOTE NOTES: cr\AO, 9l\ 1 J ITEM# MEETING OF MOTION BY SECONDED BYlik19 YES NO ABSTAINED VICE MAYOR BARKER I COUNCILMEMBER WALDRON ✓ COUNCILMEMBER WILSON ✓' COUNCILMEMBER EVANS COUNCILMEMBER RIZZI V COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL C6 r ITEM NOS. 9-10 I MOVE THAT AN EXECUTIVE SESSION AT 5:45 P M., AND A WORK SESSION AT 7.00 P M , BE HELD ON MONDAY, MARCH 2, 2015, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY, AND THAT AN EXECUTIVE SESSION AT 5.45 P M. BE HELD ON TUESDAY, MARCH 3, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M ROLL CALL REG:7 f/ /-5 SPEC CITY COUNCIL P / A P / A P / A MAYOR INSALACO t✓ VICE MAYOR BARKER COUNCILMEMBER EVANS COUNCILMEMBER RIZZI ✓ COUNCILMEMBER SERDY ii COUNCILMEMBER WALDRON COUNCILMEMBER WILSON TOTAL r1 CITY STAFF: !( I • City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern ✓ Public Safety Director Tom Kelly 1� Public Works Director Giao Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts City Engineer Emile Schmid Development Svcs. Director Larry Kirch Human Resources Director Liz Riley Assistant to the City Manager V Matt Busby OTHERS: