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HomeMy WebLinkAbout2014 07.01 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd \gilONr Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,July 1,2014 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. 14-344 Acceptance of agenda. Consideration and action. Sponsors: Kathy Connelly 2. 14-345 Approval of minutes of special meeting of June 16, 2014. Consideration and action. Sponsors: Kathy Connelly Attachments: 061614 minutes Signed Minutes of special meeting of June 16, 2014 3. 14-346 Approval of minutes of regular meeting of June 17, 2014. Consideration and action. Sponsors: Kathy Connelly Attachments: 061714 minutes Minutes of regular meeting of June 17, 2014 City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Meeting Agenda July 1,2014 4. 14-324 Acknowledgement of Arizona Department of Revenue (ADOR)and Arizona League of Cities and Towns Agreement obligating funds for development of software functionality and services related to implementation and compliance with transaction privilege tax simplification legislation and retroactive authorization of payment to ADOR in the amount of$3,120.00 for online portal modification costs. Sponsors: Donna Meinerts Attachments: HB 2111 League Agreement FINAL 5. 14-337 Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for Fiscal Year 2013-2014. Sponsors: Spencer Paden 6. 14-340 Consideration of request by the Superstition Mountain Promotional Corporation to dedicate the city's rodeo arena in memory of Gary Mulholland. The request, in accordance with policy, proposes the placement of a dedication plaque at the entryway to the arena. The Parks and Recreation Commission supports the proposal and has fowarded a favorable recommendation. Consideration and action. Sponsors: Jeff Bell Attachments: Resolution 13-12.PDF Park Naming Policy.pdf 7. 14-349 Consideration of approval of the proposed agreement with GCA Services Group in the amount not to exceed $145,922.70, including a 10% contingency, for a period of one (1)year with the option to renew with four(4) additional one-year periods. Staff respectfully requests council approval on this item. Consideration and action. Attachments: PW 2014-05 Janitorial Services Agreement 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. 8. 14-348 Proclamation designating August 2014 as Drowning Impact Awareness Month. Fire and Life Safety Specialist Tina Gerola from Superstition Fire & Medical District will be in attendance to accept the proclamation. Presentation. Sponsors: John Insalaco Attachments: 2014 drowning impace awareness proclamation City of Apache Junction,Arizona Page 2 Printed on 6/15/2026 City Council Meeting Agenda July 1,2014 F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 9. 14-56 City manager's report. Presentation. Sponsors: George Hoffman 10. 14-341 Larry Johnson, President and CEO of the Apache Junction Chamber of Commerce, will introduce Tim Sicocan, the new director of the Boys and Girls Club of the East Valley, Apache Junction Branch. Presentation and discussion. Sponsors. Bryant Powell H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 11. 14-347 Presentation, discussion, and consideration on proposed Ordinance No. 1404, case PZ-2-14, a proposed planned development major amendment application by Bel Agave LLC, presented by city staff and Dan Kauffman, seeking approval to develop the Bel Agave Subdivision as a 55-plus, age-restricted community of single-story homes and a community garden, among other amenities. Presentation, discussion and consideration. Sponsors: Rudy Esquivias Attachments: PZ-2-14 Bel Aqave Council report PZ-2-14 Bel Aqave PZ report Signed Ordinance No. 1404 I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. City of Apache Junction,Arizona Page 3 Printed on 611512026 City Council Meeting Agenda July 1,2014 K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 12. 14-350 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, July 14, 2014 are canceled. Sponsors: Bryant Powell 13. 14-325 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, August 4, 2014. Sponsors: Bryant Powell 14. 14-351 Executive Session at 5:45 P.M. and regular Council Meeting at 7:00 P.M. for Tuesday, July 15, 2014 are canceled. Sponsors: Bryant Powell 15. 14-326 Executive Session at 5:45 P.M. for Tuesday, August 5, 2014. Other meetings if necessary. Sponsors: Bryant Powell M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker;2)ask the city manager to review a matter, 3)ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three (3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. If any person with a disability needs any type of accommodation,please notify Human Resources at(480) 474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time. City of Apache Junction,Arizona Page 4 Printed on 611512026 ►�P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 1. '+'Piz File ID: 14-344 Sponsor: Kathy Connelly Agenda Date: 7/1/2014 Index: In Control: City Council Meeting Acceptance of agenda. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.2. '+'Piz File ID: 14-345 Sponsor: Kathy Connelly Agenda Date: 7/1/2014 Index: In Control: City Council Meeting Approval of minutes of special meeting of June 16, 2014. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 CITY COUNCIL SPECIAL MEETING JUNE 16, 2014 The special meeting of the City Council of the City of Apache Junction, Arizona, was held on June 16, 2014, 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. 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 Public Works Director Giao Pham Parks and Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts City Engineer Emile Schmid Human Resources Director Liz Riley Assistant to the City Manager Matt Busby Others Present : Presiding Magistrate James Hazel Senior Planner Rudy Esquivias Management Assistant Heather Hodgman Public Information and Marketing SPECIAL MEETING OF THE CITY COUNCIL JUNE 16, 2014 PAGE 1 OF 4 Communications Specialist Constance Halonen-Wilson Principal Economic Development Specialist Janine Solley DISCUSSION ON FINAL BUDGET FOR FISCAL YEAR 2014-2015 ) ) Assistant City Manager Bryant Powell briefed the council on the item. Mayor Insalaco called for any council discussion. There were no comments and he moved on to the next item. PUBLIC HEARING: PROPOSED FINAL BUDGET FOR FISCAL YEAR 2014-2015 ) ) Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and moved on to the next item. CONSIDERATION OF PROPOSED RESOLUTION NO. 14-19, ADOPTION OF FINAL BUDGET FOR FISCAL YEAR 2014- 2015 ) City Clerk Kathleen Connelly stated the next step is to vote on the final budget adoption resolution. Mayor Insalaco called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO. 14-19, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, FULLY ADOPTING ESTIMATES OF EXPENDITURES BY THE CITY OF APACHE JUNCTION FOR THE FISCAL YEAR BEGINNING JULY 1, 2014, AND ENDING JUNE 30, 2015; DECLARING ESTABLISHMENT OF THE BUDGET FOR THE CITY OF APACHE JUNCTION FOR FISCAL YEAR 2014-2015; AND DECLARING AN EMERGENCY, BE APPROVED. SPECIAL MEETING OF THE CITY COUNCIL JUNE 16, 2014 PAGE 2 OF 4 Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ADJOURNMENT ) Mayor Insalaco called for a motion. Councilmember Wilson MOVED THAT THE SPECIAL MEETING BE ADJOURNED. Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. The meeting was adjourned at 7 : 11 p.m. ACCEPTED THIS 1ST DAY OF JULY, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 1ST DAY OF JULY, 2014 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk SPECIAL MEETING OF THE CITY COUNCIL JUNE 16, 2014 PAGE 3 OF 4 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the City Council of the City of Apache Junction, Arizona, held on the 16th day of June, 2014 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 17th day of June, 2014 . KATHLEEN CONNELLY City Clerk SPECIAL MEETING OF THE CITY COUNCIL JUNE 16, 2014 PAGE 4 OF 4 CITY COUNCIL SPECIAL MEETING JUNE 16, 2014 The special meeting of the City Council of the City of Apache Junction, Arizona, was held on June 16, 2014 , 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. 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 Public Works Director Giao Pham Parks and Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts City Engineer Emile Schmid Human Resources Director Liz Riley Assistant to the City Manager Matt Busby Others Present: Presiding Magistrate James Hazel Senior Planner Rudy Esquivias Management Assistant Heather Hodgman Public Information and Marketing SPECIAL MEETING OF THE CITY COUNCIL JUNE 16, 2014 PAGE 1 OF 4 Communications Specialist Constance Halonen-Wilson Principal Economic Development Specialist Janine Solley DISCUSSION ON FINAL BUDGET FOR FISCAL YEAR 2014-2015 ) ) Assistant City Manager Bryant Powell briefed the council on the item. Mayor Insalaco called for any council discussion. There were no comments and he moved on to the next item. PUBLIC HEARING: PROPOSED FINAL BUDGET FOR FISCAL YEAR 2014-2015 ) ) Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and moved on to the next item. CONSIDERATION OF PROPOSED RESOLUTION NO. 14-19, ADOPTION OF FINAL BUDGET FOR FISCAL YEAR 2014- 2015 ) City Clerk Kathleen Connelly stated the next step is to vote on the final budget adoption resolution. Mayor Insalaco called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO. 14-19, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, FULLY ADOPTING ESTIMATES OF EXPENDITURES BY THE CITY OF APACHE JUNCTION FOR THE FISCAL YEAR BEGINNING JULY 1, 2014, AND ENDING JUNE 30, 2015; DECLARING ESTABLISHMENT OF THE BUDGET FOR THE CITY OF APACHE JUNCTION FOR FISCAL YEAR 2014-2015; AND DECLARING AN EMERGENCY, BE APPROVED. SPECIAL MEETING OF THE CITY COUNCIL JUNE 16, 2014 PAGE 2 OF 4 Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ADJOURNMENT ) Mayor Insalaco called for a motion. Councilmember Wilson MOVED THAT THE SPECIAL MEETING BE ADJOURNED. Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. The meeting was adjourned at 7 : 11 p.m. ACCEPTED THIS 1ST DAY OF JULY, 2014 , BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 1ST DAY OF JULY, 2014 . HN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk , SPECIAL MEETING OF THE CITY COUNCIL JUNE 16, 2014 PAGE 3 OF 4 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the City Council of the City of Apache Junction, Arizona, held on the 16th day of June, 2014 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 17th day of June, 2014 . KATHLEEN CONNELLY City Clerk SPECIAL MEETING OF THE CITY COUNCIL JUNE 16, 2014 PAGE 4 OF 4 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 3. '+'Piz File ID: 14-346 Sponsor: Kathy Connelly Agenda Date: 7/1/2014 Index: In Control: City Council Meeting Approval of minutes of regular meeting of June 17, 2014. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 CITY COUNCIL REGULAR MEETING JUNE 17, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on June 17, 2014, 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 Waldron 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 Public Works Director Giao Pham City Engineer Emile Schmid Assistant to the City Manager Matt Busby Others Present : Principle Economic Development REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 1 OF 10 Specialist Janine Solley Building Official Dennis Dixon ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND BUXTON FOR RETAIL EXPANSION, RECRUITMENT AND VISITOR IMPACT ANALYSIS IN AN AMOUNT NOT TO EXCEED $60, 000 FOR YEAR ONE OF A THREE YEAR TERM AND IN AN AMOUNT NOT TO EXCEED $50, 000 FOR YEARS TWO AND THREE OF A THREE YEAR TERM; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY; AND THAT RESOLUTION NO. 14-32, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO APPROVE AMENDMENT NO. TWO TO INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT FUNDS, BE APPROVED. Councilmember Wilson SECONDED THE MOTION . VOTE: Unanimous on Item Nos. 1, 2 and 4 . 6-1 on Item No. 3 (Councilmember Serdy voted in opposition. ) The motion carried. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced he and Councilmember Wilson attended the Superstition Fire and Medical District pancake breakfast at their new regional training center, the old Thunder Mountain Middle School. He encouraged everyone to visit the center. Councilmember Waldron announced this Friday is the annual Central Arizona Governments Regional Meeting in Payson at the Best Western. REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 2 OF 10 Councilmember Wilson commented the new facility for Superstition Fire and Medical District is fantastic. He was impressed that they will have smoke-filled rooms to train for search and rescue and cameras being worn during fires and medical calls to assist with training. Vice Mayor Barker thanked the city staff this past week for their efforts to insure water would be available to those in need. AWARDS, PRESENTATIONS AND PROCLAMATIONS Ms . Barbara Plante, chair for the Apache Junction Drug Prevention Coalition, gave a presentation on the coalition and presented an award to the police department for a reduction in drug-related crimes for the period of 2008-2012 . Mayor Insalaco commented Apache Junction is the only city in the valley that still has D.A. R. E. All the other cities stated it was too expensive to run. This city believes it is too expensive not to run. Ms . Barbara Plante commented Apache Junction is also the first one to have the drug drop off box. There are now 19 in the state. Public Safety Director Tom Kelly thanked them for recognizing the hard work of the police department, but more importantly the city council has always been very supportive of the anti-drug campaign of the police department. Their march is prevention, education and enforcement . This reduction could not have been done without those three prongs . A representative of Resolution Copper gave an update on the Resolution Copper Project . Councilmember Waldron asked the representative a question about the status of the land swap. The representative stated the house bill went to the floor twice in 2013 and was not successfully voted on for two different reasons . Near the end of 2013 they have had more success on the senate side, including support from Senator McCain and other REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 3 OF 10 Arizona members of Congress. In November Senator McCain introduced the bill into subcommittee for a hearing and it is currently in the queue for amendment. They are hopeful it will be the subject of an amendment in the next couple of months. The senate chair of the energy and natural resources committee was in Arizona a few weeks ago and she committed to do everything within her power to move public lands bills ahead. They are hopeful of potential movement on the senate side and hope it will come together with a land package on the senate side which will go back to the house for consideration. CITY MANAGER' S REPORT Assistant City Manager Bryant Powell commented on the water distribution program and where the water will be available and how Bryce Milkey came to give his speech tonight. Apache Junction High School Student Body President Bryce Milkey reprised his speech from the 2014 graduation ceremony. Mayor Insalaco commented they have all heard the comment "only in AJ" . He had two grandchildren that graduated from the Apache Junction school system. One is a staff sergeant making the Army a career and his granddaughter got a four year scholarship to Arizona State University, interned in San Francisco where the company paid for her master' s degree and she is making big money there. Like he said, only in AJ. Vice Mayor Barker thanked Bryce for sharing that speech. She and her husband were at the ceremony as their grandson was graduating. She was impressed with what he said and it is about time someone said it . PUBLIC HEARINGS PROPOSED THIRD AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MEHMOOD MOHIUDDIN, OWNER OF THE HITCHING POST ) City Attorney Joel Stern briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 4 OF 10 Mayor Insalaco requested the applicant address the council . Mr. Ralph Pew, 1744 S. Val Vista, Mesa, addressed the council. He stated the reason they are here is the council approved a second amendment in October of last year on this agreement authorizing the bull riding arena. It was thought it would be a simple process, but they have learned it is not so simple. All the amendments that affect the site plan, floor plan of the restaurant, gates, locking mechanisms, signage and protective issues are now enumerated in this amendment. There are also substantive provisions about insurance that cover the city in two respects: general liability and one from the stock provider. It enumerates the specific fencing and who will install it . It describes the methods that must be complied with. All of this must be done before the certificate of occupancy can be issued. Councilmember Wilson commented he appreciated the sound system and lights being addressed and the insurance being added. He commented they have had experiences with the owner where things were not completely followed through on. He asked what reassurance they would have if they vote for this that he will follow through with exactly what has been promised. Mr. Ralph Pew stated the development agreement and its enforcement provisions will be signed by Mehmood and he will be bound by it. Secondly, the certificate of occupancy will not be issued until all of those things are in place correctly. If there is a violation of the provisions during the duration of his operation, under the contract the city has between the city and Mehmood, it would be subject to enforcement. He cannot think of any better way to bind it than that . Councilmember Wilson commented he was driving down Lost Dutchman westbound last weekend. State Route 88 is traveled heavily during the daytime. Someone had parked their truck and big boat trailer adjacent to his facility in an area that blocked the view of someone attempting to go across State Route 88 . It should be no parking there. Calling the highway patrol to come out and issue a REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 5 OF 10 citation to this person takes time. If it is busy, there will be an accident there. He asked if they could request Mehmood to put up signage along there that they should not park there, even though it is illegal . If they see someone there, they can enforce it. Mr. Ralph Pew stated he wanted to understand what he is talking about. He is talking about a truck with a large trailer parking near the southeast corner of State Route 88 and Lost Dutchman. Councilmember Wilson commented that is correct. Exactly adjacent to where the fenced in area will be. Mr. Ralph Pew stated when the arena is built and functional there will be no room for parking there. Parking will have to occur southwesterly of that location following State Route 88 . It will be impossible to get a truck in there. If he is asking them to put a sign on their private property in certain areas for no parking near that intersection, they can certainly do that . Mr. Stern stated in October we cannot control the state highway and parking there. But on their side they can and they will be happy to work with staff if it is necessary. However, he thinks when he sees the site plan and sees it evolve, no vehicles will be able to park there . 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. Councilmember Waldron commented he hopes this is the last amendment they see on this. He does have a concern as after the last one there were things done that were not part of the agreement. They were back door type things . He hopes his client understands Dennis Dixon will be the person who ultimately decides whether or not this operation is a go. He hopes he works with the building official to get it done correctly. REGULAR MEETING OF THE CITY COUNCIL JUNE 17 , 2014 PAGE 6 OF 10 Mr. Ralph Pew stated that is the final sentence in the third amendment of the development agreement . All permits are at the control of the city building official . They thought about that. Councilmember Rizzi commented in her opinion they are trying to work with this requirement and the safety issues . Frankly, she can hardly wait for this thing to get started. She wants to check it out. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker commented before she makes the motion she wanted to thank Mr. Pew and staff for all the work put in trying to get this to the point it is now. She MOVED THAT THE THIRD AMENDMENT TO THE HITCHING POST DEVELOPMENT AGREEMENT FOR A REVISED SITE PLAN, A FENCE INSTALLATION PROVISION AND AN INSURANCE PROVISION SHIFTING CATASTROPHIC RISK EXPOSURE AND OTHER MISCELLANEOUS ITEMS IN ORDER TO PROVIDE FOR BULL RIDING ACTIVITIES BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unaminous . The motion carried. OLD BUSINESS None. NEW BUSINESS FISCAL YEAR 2014-2015 CITY COUNCIL LEGISLATIVE WORK PLAN ) Assistant to the City Manager Matt Busby briefed the council on the item. Vice Mayor Barker commented it is a good plan. REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 7 OF 10 Mayor Insalaco called for a motion. Vice Mayor Barker MOVED THAT THE FISCAL YEAR 2014-2015 CITY COUNCIL LEGISLATIVE WORK PLAN BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, JUNE 30, 2014, 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, JULY 1, 2014, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Mr. Tim Sicocan, 593 S . Buena Vista, Gilbert, addressed the council to introduce himself as the new branch executive at the Boys and Girls Club. ADJOURNMENT ) REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 8 OF 10 ) Mayor Insalaco adjourned the meeting at 7 : 53 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of June 3, 2014 . 3. Consideration of professional services agreement with Buxton for a retail expansion, recruitment, and visitor impact analysis in an amount not to exceed $60, 000 . 00. 4 . Consideration of proposed Resolution No. 14-32, authorizing the city to approve amendment no. 2 to the intergovernmental agreement with Arizona Department of Transportation for Highway Safety Improvement Program grant funds for the construction of an intersection safety improvement project at the intersection of Idaho Road and Old West Highway. ACCEPTED THIS 1ST DAY OF JULY, 2014 , BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 1ST DAY OF JULY, 2014 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 9 OF 10 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 17th day of June, 2014 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 18th day of June, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 10 OF 10 CITY COUNCIL REGULAR MEETING JUNE 17, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on June 17 , 2014, 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 Waldron 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 Public Works Director Giao Pham City Engineer Emile Schmid Assistant to the City Manager Matt Busby Others Present : Principle Economic Development REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 1 OF 10 Specialist Janine Solley Building Official Dennis Dixon ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND BUXTON FOR RETAIL EXPANSION, RECRUITMENT AND VISITOR IMPACT ANALYSIS IN AN AMOUNT NOT TO EXCEED $60, 000 FOR YEAR ONE OF A THREE YEAR TERM AND IN AN AMOUNT NOT TO EXCEED $50, 000 FOR YEARS TWO AND THREE OF A THREE YEAR TERM; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY; AND THAT RESOLUTION NO. 14-32, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO APPROVE AMENDMENT NO. TWO TO INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT FUNDS, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous on Item Nos . 1, 2 and 4 . 6-1 on Item No. 3 (Councilmember Serdy voted in opposition. ) The motion carried. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced he and Councilmember Wilson attended the Superstition Fire and Medical District pancake breakfast at their new regional training center, the old Thunder Mountain Middle School. He encouraged everyone to visit the center. Councilmember Waldron announced this Friday is the annual Central Arizona Governments Regional Meeting in Payson at the Best Western. REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 2 OF 10 Councilmember Wilson commented the new facility for Superstition Fire and Medical District is fantastic. He was impressed that they will have smoke-filled rooms to train for search and rescue and cameras being worn during fires and medical calls to assist with training. Vice Mayor Barker thanked the city staff this past week for their efforts to insure water would be available to those in need. AWARDS, PRESENTATIONS AND PROCLAMATIONS Ms . Barbara Plante, chair for the Apache Junction Drug Prevention Coalition, gave a presentation on the coalition and presented an award to the police department for a reduction in drug-related crimes for the period of 2008-2012 . Mayor Insalaco commented Apache Junction is the only city in the valley that still has D.A.R. E. All the other cities stated it was too expensive to run. This city believes it is too expensive not to run. Ms. Barbara Plante commented Apache Junction is also the first one to have the drug drop off box. There are now 19 in the state. Public Safety Director Tom Kelly thanked them for recognizing the hard work of the police department, but more importantly the city council has always been very supportive of the anti-drug campaign of the police department . Their march is prevention, education and enforcement. This reduction could not have been done without those three prongs . A representative of Resolution Copper gave an update on the Resolution Copper Project. Councilmember Waldron asked the representative a question about the status of the land swap. The representative stated the house bill went to the floor twice in 2013 and was not successfully voted on for two different reasons . Near the end of 2013 they have had more success on the senate side, including support from Senator McCain and other REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 3 OF 10 Arizona members of Congress . In November Senator McCain introduced the bill into subcommittee for a hearing and it is currently in the queue for amendment . They are hopeful it will be the subject of an amendment in the next couple of months . The senate chair of the energy and natural resources committee was in Arizona a few weeks ago and she committed to do everything within her power to move public lands bills ahead. They are hopeful of potential movement on the senate side and hope it will come together with a land package on the senate side which will go back to the house for consideration. CITY MANAGER' S REPORT Assistant City Manager Bryant Powell commented on the water distribution program and where the water will be available and how Bryce Milkey came to give his speech tonight. Apache Junction High School Student Body President Bryce Milkey reprised his speech from the 2014 graduation ceremony. Mayor Insalaco commented they have all heard the comment "only in AJ". He had two grandchildren that graduated from the Apache Junction school system. One is a staff sergeant making the Army a career and his granddaughter got a four year scholarship to Arizona State University, interned in San Francisco where the company paid for her master' s degree and she is making big money there. Like he said, only in AJ. Vice Mayor Barker thanked Bryce for sharing that speech. She and her husband were at the ceremony as their grandson was graduating. She was impressed with what he said and it is about time someone said it . PUBLIC HEARINGS PROPOSED THIRD AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MEHMOOD MOHIUDDIN, OWNER OF THE HITCHING POST ) City Attorney Joel Stern briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 4 OF 10 Mayor Insalaco requested the applicant address the council. Mr. Ralph Pew, 1744 S . Val Vista, Mesa, addressed the council . He stated the reason they are here is the council approved a second amendment in October of last year on this agreement authorizing the bull riding arena. It was thought it would be a simple process, but they have learned it is not so simple. All the amendments that affect the site plan, floor plan of the restaurant, gates, locking mechanisms, signage and protective issues are now enumerated in this amendment. There are also substantive provisions about insurance that cover the city in two respects: general liability and one from the stock provider. It enumerates the specific fencing and who will install it . It describes the methods that must be complied with. All of this must be done before the certificate of occupancy can be issued. Councilmember Wilson commented he appreciated the sound system and lights being addressed and the insurance being added. He commented they have had experiences with the owner where things were not completely followed through on. He asked what reassurance they would have if they vote for this that he will follow through with exactly what has been promised. Mr. Ralph Pew stated the development agreement and its enforcement provisions will be signed by Mehmood and he will be bound by it. Secondly, the certificate of occupancy will not be issued until all of those things are in place correctly. If there is a violation of the provisions during the duration of his operation, under the contract the city has between the city and Mehmood, it would be subject to enforcement. He cannot think of any better way to bind it than that . Councilmember Wilson commented he was driving down Lost Dutchman westbound last weekend. State Route 88 is traveled heavily during the daytime. Someone had parked their truck and big boat trailer adjacent to his facility in an area that blocked the view of someone attempting to go across State Route 88 . It should be no parking there. Calling the highway patrol to come out and issue a REGULAR MEETING OF THE CITY COUNCIL JUNE 171 2014 PAGE 5 OF 10 citation to this person takes time. If it is busy, there will be an accident there. He asked if they could request Mehmood to put up signage along there that they should not park there, even though it is illegal . If they see someone there, they can enforce it . Mr. Ralph Pew stated he wanted to understand what he is talking about. He is talking about a truck with a large trailer parking near the southeast corner of State Route 88 and Lost Dutchman. Councilmember Wilson commented that is correct . Exactly adjacent to where the fenced in area will be . Mr. Ralph Pew stated when the arena is built and functional there will be no room for parking there. Parking will have to occur southwesterly of that location following State Route 88 . It will be impossible to get a truck in there . If he is asking them to put a sign on their private property in certain areas for no parking near that intersection, they can certainly do that . Mr. Stern stated in October we cannot control the state highway and parking there . But on their side they can and they will be happy to work with staff if it is necessary. However, he thinks when he sees the site plan and sees it evolve, no vehicles will be able to park there. 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. Councilmember Waldron commented he hopes this is the last amendment they see on this . He does have a concern as after the last one there were things done that were not part of the agreement. They were back door type things . He hopes his client understands Dennis Dixon will be the person who ultimately decides whether or not this operation is a go. He hopes he works with the building official to get it done correctly. REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 6 OF 10 Mr. Ralph Pew stated that is the final sentence in the third amendment of the development agreement. All permits are at the control of the city building official. They thought about that. Councilmember Rizzi commented in her opinion they are trying to work with this requirement and the safety issues. Frankly, she can hardly wait for this thing to get started. She wants to check it out . Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker commented before she makes the motion she wanted to thank Mr. Pew and staff for all the work put in trying to get this to the point it is now. She MOVED THAT THE THIRD AMENDMENT TO THE HITCHING POST DEVELOPMENT AGREEMENT FOR A REVISED SITE PLAN, A FENCE INSTALLATION PROVISION AND AN INSURANCE PROVISION SHIFTING CATASTROPHIC RISK EXPOSURE AND OTHER MISCELLANEOUS ITEMS IN ORDER TO PROVIDE FOR BULL RIDING ACTIVITIES BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unaminous . The motion carried. OLD BUSINESS None. NEW BUSINESS FISCAL YEAR 2014-2015 CITY COUNCIL LEGISLATIVE WORK PLAN ) Assistant to the City Manager Matt Busby briefed the council on the item. Vice Mayor Barker commented it is a good plan. REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 7 OF 10 Mayor Insalaco called for a motion. Vice Mayor Barker MOVED THAT THE FISCAL YEAR 2014-2015 CITY COUNCIL LEGISLATIVE WORK PLAN BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5: 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, JUNE 30, 2014, 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, JULY 1, 2014, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Mr. Tim Sicocan, 593 S . Buena Vista, Gilbert, addressed the council to introduce himself as the new branch executive at the Boys and Girls Club. ADJOURNMENT ) REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 8 OF 10 ) Mayor Insalaco adjourned the meeting at 7 : 53 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of June 3, 2014 . 3. Consideration of professional services agreement with Buxton for a retail expansion, recruitment, and visitor impact analysis in an amount not to exceed $60, 000 . 00 . 4 . Consideration of proposed Resolution No. 14-32, authorizing the city to approve amendment no. 2 to the intergovernmental agreement with Arizona Department of Transportation for Highway Safety Improvement Program grant funds for the construction of an intersection safety improvement project at the intersection of Idaho Road and Old West Highway. ACCEPTED THIS 1ST DAY OF JULY, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 1ST DAY OF JULY, 2014 . J N S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 9 OF 10 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 17th day of June, 2014 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 18th day of June, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 17, 2014 PAGE 10 OF 10 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. 'Piz File ID: 14-324 Sponsor: Donna Meinerts Agenda Date: 7/1/2014 Index: In Control: City Council Meeting Acknowledgement of Arizona Department of Revenue (ADOR)and Arizona League of Cities and Towns Agreement obligating funds for development of software functionality and services related to implementation and compliance with transaction privilege tax simplification legislation and retroactive authorization of payment to ADOR in the amount of$3,120.00 for online portal modification costs. In 2013, the state legislature modified the law relating to collection and reporting of transaction privilege and affiliated excise taxes (Laws 2013, Ch. 255). This law requires that starting January 1, 2015, transaction privilege taxes owed to cities and towns must be paid through the Arizona Department of Revenue (ADOR). ADOR is obligated pursuant to A.R.S. §42-5015 to, among other things, modify its electronic system to enable tax payments and tax reporting to cities or towns through ADOR's online portal. The law shifts the cost of modifying the online portal to cities and towns that did not have an intergovernmental tax licensing/collection/audit agreement in place with ADOR as of January 1, 2013. The City of Apache Junction is one of approximately 18 municipalities that did not have such an agreement with ADOR by the 2013 deadline. On behalf of these entities, the Arizona League of Cities and Towns has conferred with ADOR on the amount owed to ADOR for the associated online portal modification costs. The agreement between ADOR and the League is attached for council review and acknowledgement which will effectuate the City of Apache Junction's required contribution in the amount of$3,120.00. City of Apache Junction,Arizona Page 1 Printed on 611512026 AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF REVENUE AND THE LEAGUE OF ARIZONA CITIES AND TOWNS THIS AGREEMENT is entered into as of this day of June, 2014 by and between the ARIZONA DEPARTMENT OF REVENUE ("ADOR") and the LEAGUE OF ARIZONA CITIES AND TOWNS ("League"). The parties to this Agreement may collectively be referred to as the "Parties" or individually as a"Party". RECITALS WHEREAS, ADOR is authorized pursuant to Arizona Revised Statute ("A.R.S.") § 42- 6001(A) to collect and administer any transaction privilege and certain other taxes imposed by any city or town, and to enter into intergovernmental contracts or agreements to provide a uniform method of administration, collection, audit and licensing of transaction privilege affiliated excise taxes imposed by the state or cities or towns. WHEREAS, ADOR is authorized pursuant to A.R.S. § 42-6001(B) to enter into agreements with Arizona cities and towns that levy transaction privilege and affiliated excise taxes to provide for unified or coordinated licensing, collection and auditing programs for such taxes levied by cities and taxes levied pursuant to Chapter 5 of Title 42 of the Arizona Revised Statutes. WHEREAS, Arizona cities and towns are authorized pursuant to A.R.S. § 42-6001(B)to enter into agreements with ADOR to provide for unified or coordinated licensing, collection and auditing programs for such transaction privilege and affiliated excise taxes levied by such cities and towns and for taxes levied pursuant to Chapter 5 of Title 42 of the Arizona Revised Statutes. WHEREAS, ADOR is authorized pursuant to A.R.S. § 42-1004(A)(4) to contract with or assist other departments, agencies or institutions of the state, local, Indian tribal and federal governments in the furtherance of their purposes, objectives and programs. WHEREAS, ADOR is authorized pursuant to A.R.S. § 42-1004(A)(5) to accept grants, matching funds and direct payments from public or private agencies for the conduct of programs that are consistent with the overall purposes and objectives of ADOR. WHEREAS, ADOR is obligated pursuant to A.R.S. § 42-5015 to, inter alia, modify its electronic system so that a taxpayer who is required to pay any transaction privilege and affiliated excise taxes to the State of Arizona and/or a county or municipality of Arizona may report and pay the required tax through ADOR's online portal. WHEREAS, pursuant to A.R.S. § 42-5015, allows those cities and towns that did not have an intergovernmental contract or agreement as of January 1, 2013 with ADOR to provide for unified or coordinated licensing, collection and auditing programs, to contribute money and resources to the development of the electronic system if they choose to do so. WHEREAS, eighteen cities or towns that did not have an intergovernmental contract or agreement as of January 1, 2013 with ADOR to provide for unified or coordinated licensing, collection and auditing programs as provided for in A.R.S. § 42-6001(B) recognize the need to contribute to ADOR's costs in the development of IT functionality and services related to the implementation and compliance with transaction privilege simplification legislation. The IT functionality and services include,but are not limited to, the development of a financial reporting system as required by those cities and the conversion of taxpayer information into the ADOR's transaction privilege and affiliated taxes administration system. Those cities and towns, with the exception of Phoenix that will make a direct contribution to ADOR, wish to make a payment through League to ADOR pursuant to A.R.S. § 42-5015 to assist ADOR in covering its costs associated with ADOR's obligations to implement the transaction privilege tax simplification legislation. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, ADOR and League hereby agree as follows: 1. Under A.R.S. § 42-5015, League will pay ADOR $167,960 and Phoenix will contribute $40,000 for use by ADOR for IT resources in fulfillment of ADOR's obligations under A.R.S. § 42-5015. The amount to be contributed by each city or town is set forth in Addendum A. 2. ADOR will provide a progress report to League in an agreed-upon format on a quarterly basis until funds paid under this Agreement are fully expended. ADOR agrees that funds provided by League under this Agreement shall only be used and expended on the development of IT functionality and services related to the implementation and compliance with transaction privilege tax simplification legislation. 3. League hereby warrants that each city or town has approved this Agreement and authorized the disbursement of funds as set forth in Addendum A. 4. This Agreement shall be governed by and construed in accordance with the substantive law of the State of Arizona. 5. The Recitals set forth above are acknowledged by the Parties to be true and correct and are hereby incorporated in this Agreement fully as though set forth herein. 6. This Agreement is subject to, and may be terminated by either Party in accordance with A.R.S. § 38-511. 7. This Agreement constitutes the entire understanding of the Parties and supersedes all previous representations, written or oral. The Agreement may not be modified or amended except by a written document signed by authorized representatives of each Party. 8. Each Party hereby warrants to the other that the individuals executing this Agreement on its behalf are authorized and empowered to bind said Party or Parties to this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written. Arizona Department of Revenue League of Arizona Cities and Towns David Raber Ken Strobeck Director Deputy Director ADDENDUM A CITY/TOWN SHARE APACHE JUNCTION 3,120 AVONDALE 9,880 BULLHEAD CITY 3,120 CHANDLER 16,120 DOUGLAS 1,560 FLAGSTAFF 4,680 GLENDALE 16,120 M ESA 24,440 NOGALES 1,560 PEORIA 9,880 PHOENIX 401000 PRESCOTT 41680 SCOTTSDALE 24,440 SEDONA 3,120 SOMERTON 520 TEMPE 16,120 TUCSON 28,080 W I LLCOX 520 TOTAL: $ 207,960 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 5. Piz File ID: 14-337 Sponsor: Spencer Paden Agenda Date: 7/1/2014 Index: In Control: City Council Meeting Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for Fiscal Year 2013-2014. A.R.S. 9-418 requires the Library Board to make an annual report to the governing body of the City on or before the first Monday of July of each year. The report is to be adopted by the Library Board at a special meeting on June 26th, 2014. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No.6. Piz File ID: 14-340 Sponsor: Jeff Bell Agenda Date: 7/1/2014 Index: In Control: City Council Meeting Consideration of request by the Superstition Mountain Promotional Corporation to dedicate the city's rodeo arena in memory of Gary Mulholland. The request, in accordance with policy, proposes the placement of a dedication plaque at the entryway to the arena. The Parks and Recreation Commission supports the proposal and has fowarded a favorable recommendation. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 RESOLUTION NO . 13-12 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ADOPT A PUBLIC PARKS, AREAS AND FACILITIES NAMING/DEDICATION POLICY . WHEREAS, on or about May 3 , 1988, the Apache Junction Parks and Recreation Commission recommended to the Mayor and City Council adoption of the "City of Apache Junction Community Services Department Facility Operating and Procedures Manual " ( the "Policy" ) ; and WHEREAS, on or about May 11 , 1988 , pursuant to Resolution No . 88-02 the Mayor and City Council voted to approve the recommendation; and WHEREAS, the Policy, contains a "Naming of Parks" section, among other provisions; and WHEREAS, on or about October 1 , 2012 , the Parks and Recreation Commission recommended to the Mayor and City Council amendments to the Policy (the "Amended Policy" ) ; and WHEREAS, the amendments are entitled "Parks, Areas and Facilities Naming/Dedication Policy" , the stated purpose of which is to establish a systematic and consistent approach for the official naming and dedication of parks , recreation areas and facilities ; and WHEREAS, certain changes came about due to citizen interest in establishing a means to acknowledge individuals or groups supporting the park system; and WHEREAS , the Amended Policy includes a provision that sets forth a "Dedication Criteria" , which is intended to recognize and honor individuals or groups contributing to the park system and may be dedicated in memory, or honor of individuals or groups . WHEREAS, dedications are accomplished by placement of a plaque at a facility describing how the individual or group supported the parks and recreation program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : RESOLUTION NO. 13-12 PAGE 1 OF 2 1 ) The attached Parks, Areas and Facilities Naming/Dedication Policy be adopted. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 7TH DAY OF MAY 2013 . SIGNED AND ATTESTED TO THIS 7TH DAY OF MAY 2013 . J,_',VHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY / City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 13-12 PAGE 2 OF 2 PARKS, AREAS AND FACILITIES NAMING/DEDICATION POLICY PURPOSE: The purpose of this policy is to establish a systematic and consistent approach for the official naming and dedication of parks, recreation areas and facilities. OBJECTIVES: Ensure that parks, recreational areas and facilities are easily identified and located. Ensure that names and dedications are consistent with the value and character of the area or neighborhood served. Encourage public participation in the naming, renaming and dedication of parks, recreation areas and facilities. Encourage the dedication of lands,facilities, or donations by individuals and/or groups. DEFINITION: Parks, recreation areas and facilities—means and includes all city parks,trails, swimming pools, buildings, playgrounds, skate parks and/or any other public property under management and control of the Parks and Recreation Department, owned or leased by the city for the public benefit. RESPONSIBILITY: It is the responsibility of the Parks and Recreation Director to ensure the parks, recreation areas and facilities naming and dedication process takes place in compliance with the intent of this policy. NAMING CRITERIA: The policy of the Parks and Recreation Department is to name parks, recreation areas and facilities through an adopted process utilizing established criteria emphasizing community values and character, local history, geography and the environment. Naming may also be based on a financial contribution made by an individual, family or group. 1. Acceptable criteria for names of parks, recreation areas and facilities are as follows: A. The proposed name describes the geographical area where the facility is located. B. The proposed name describes something specifically unique to the Apache Junction area (flora, fauna, geology, historical or cultural descriptive terminology). C. The proposed name acknowledges significant financial support received from individuals or groups that pays for or donates park land, donates an amount that would provide for 51% or more of the parks development, and/or donates an amount that would cover the on- going operating and maintenance needs of the park.The value of volunteer time does not apply to this criterion. 2. Parks, recreation areas and facilities should be named prior to the beginning of the design for development so that the area takes on an early identification and allows for proper tracking during development. 3. The naming of a parks, recreation areas and facilities may be done in conjunction with the community or neighborhood that will be served.This may be accomplished through various means as determined by staff and may include naming contest or recommendations made by recognized community groups. 4. Although not encouraged, names may be changed if properly justified and approved by the Parks and Recreation Commission and City Council. DEDICATION CRITERIA: The policy of the Parks and Recreation Department is to utilize a dedication program to recognize and honor individuals or groups contributing to the park system but not qualifying under the naming criteria. Parks, recreation areas,facilities or portions thereof, may be dedicated in memory, or honor of, individuals or groups by the placement of a dedication or memorial plaque that describes the contribution.The plaque must be made of quality material, rated for outdoor use and shall be no larger than 8"x 10"for minor amenities and 28"x 32"for major amenities. 1. Acceptable criteria for dedications of parks, recreation areas and facilities are as follows: A. Dedications are encouraged to be in the form of facility improvements or enhancements. B. Dedications may be in recognition of outstanding service that benefits the City, substantial donations or significant contribution to the facility or Parks and Recreation Department. C. Dedications may be in memory of deceased individuals who have significantly contributed to the facility or Parks and Recreation Department. D. Individuals or groups sponsoring(nominating) a dedication must provide sufficient funds to purchase and install the dedication or memorial plaque.The City will make every effort to maintain and preserve installed plaques but will not be responsible to replace and/or repair damaged or stolen ones. E. Dedications of minor amenities (trees, benches, etc.) shall be handled administratively by the Parks and Recreation Department. Dedications of major amenities (buildings, sports fields, etc.) shall be approved by the Parks and Recreation Commission and City Council.The wording, placement and/or mounting of plaque is subject to approval by the Parks and Recreation Department. PROCEDURE: The procedure for naming/dedicating parks, recreation areas and facilities is as follows: 1. Public initiated request to name or dedicate a park, recreation area or facility shall be submitted in writing to the Parks and Recreation Director. 2. Those submitting a naming/dedication request shall show how the proposed name/dedication is consistent with the criteria stated in this policy.When naming/dedicating after a person,the request must describe the contributions to the facility or Parks and Recreation Department. Written documentation of approval by next of kin (if available) is required as part of the proposal. City staff will review the proposal for adherence to stated criteria and authentication of statements of contributions before forwarding to the Parks and Recreation Commission. 3. The Parks and Recreation Commission will offer the opportunity for public input on the proposed naming/dedication. 4. The Parks and Recreation Commission shall forward their recommendation to City Council for final decision. 5. The Parks and Recreation Director and/or Parks and Recreation Commission can initiate the naming/dedication process whenever deemed necessary and/or in the best interest of the City. 6. In the absence of any naming/dedication request, the Parks and Recreation Commission shall adhere to criteria stated in this policy in recommendation of name/dedication. ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 7. �Piz oN* File ID: 14-349 Sponsor: Agenda Date: 7/1/2014 Index: In Control: City Council Meeting Consideration of approval of the proposed agreement with GCA Services Group in the amount not to exceed $145,922.70, including a 10% contingency, for a period of one (1)year with the option to renew with four(4)additional one-year periods. Staff respectfully requests council approval on this item. Consideration and action. City of Apache Junction,Arizona Pagel Printed on 611512026 CITY OF APACHE JUNCTION AGREEMENT FOR ROUTINE JANITORIAL SERVICES PROJECT NO . PW2014-05 THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City") , an Arizona municipal corporation , and GCA Services Group, Inc. , a Delaware corporation ("Contractor") , RECITALS A. Contractor has responded to City's request for proposal via Project No . PW2014- 05 , in which Contractor asserts its willingness , ability and qualifications to provide this work and service. B . City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the services . C. City has complied with the public bidding requirements under Arizona Revised Statute Title 34 and Apache Junction City Code Article 3-7. AGREEMENT NOW, THEREFORE, City retains Contractor to perform , and Contractor agrees to render the services in accordance with the terms and conditions set forth as follows: 1 . PROJECT DESCRIPTION : Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the work in accordance with the contract documents as fully described in the Notice Inviting Bid Proposals for Project No. PW2014-05 which includes all required specifications. 2 . PRICE : The contract shall be the amount payable by the City to the Contractor in the amounts of: $ 132 , 657. 00 for the base bid performance of the work under the contract documents . The unit pricing for one time services to be performed as requested and authorized by the City Representative or his/her designee : ESTIMATED SPEC, SUPPLEMENTAL TASKS ANNUAL REF: DESCRIPTION OF SERVICES TASK COST QUANTITY N/A Day Porter Services - Regular business hours before start of janitorial $ 13 .65/hr. 20 hrs. shifts. Emergency Callout Labor — Day Porter N/A services for after business hours and non-scheduled hours. $23 .40/hr. N/A N/A Interior High Window Cleaning — (above 10') weekdays or. weekends. $23 .40/hr. 20 hrs N/A Exterior Window Cleaning — weekdays or weekends. $23.40/hr. 20 hrs Carpet Extraction Cleaning — 9 weekends. $0. 15/s.f. 20 , 000 s.f. 10 Carpet Shampoo/Spin-Bonnet Cleaning — weekends. $0. 12/s.f. 20 , 000 s.f. 11 Scrubbing Hard Surfaced Floors —weekends. $0. 09/s.f. 10, 000 s.f. 12 Buffing Hard Surfaced Floors — $0. 025/s.f. 20, 000 s.f. weekdays or weekends. 13 Strip and Wax Hard Floors — 10 , 000 s.f. weekdays or weekends for room size $0.22/s.f. areas and lar er. 14 Hardwood Floor Refinishing — holiday $ 1 .29/s.f. N/A weekends. 15 Upholstery Cleaning — weekdays or $ i. 50/Chair 50 weekends. 3. CONTRACT TERM : The terms of this Contract shall be from the date of written notice of the acceptance of the proposal by the City Council to June 30 , 2015. The City of Apache Junction has the option to renew the Contract for four (4) additional one-year periods if mutually agreeable . If the contract is renewed , the total length of the contract shall not exceed five (5) years from the original date of award of Contract. The City reserves the right to unilaterally extend any of the one-year ( 1 ) periods by thirty-one (31 ) days. This provision does not limit the liability of the Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor. 4 . LABOR AND MATERIALS : Unless otherwise provided in the contract documents, Contractor shall provide, pay and insure under the requisite laws and regulations for all labor, materials , equipment, tools and machinery, utilities, transportation , other facilities and services necessary for the proper execution and completion of the work whether temporary or permanent, and whether or not incorporated or to be incorporated in the work. 5 . TAXES : Contractor shall pay all license, sales, consumer, use and other similar taxes for the work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 6. PERMITS & FEES : Unless otherwise provided in the contract documents , Contractor shall secure and pay for all permits , governmental fees , licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required . Contractor shall give all notices and comply with all laws , ordinances, rules , regulations and lawful orders of any public authority bearing on the performance of the work. Contractor represents and warrants that any license necessary to perform the work under this Agreement is current and valid . Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Article 8-2 of the Apache Junction City Code , Vol . I , and keep such license current during the term of this Agreement. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code , Chapter 8A, may also apply and if so, shall obtain a privilege license. Any activity by subcontractors within the corporate city limits will invoke the same business and privilege license regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any required licenses . If there are taxable activities, a business license shall be converted to a privilege license by the Contractor and any subcontractors through the City Clerk's Office. 7 . INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor' s status as an independent Contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes , or provide workers compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention . Except as provided in this Agreement, Contractor shall be solely responsible for all means, methods, techniques , sequences and procedures , and for coordinating all portions of the work required by the contract documents. Contractor shall be responsible to City for the acts and omissions of its employees. 8 . INDEMNIFICATION : To the fullest extent permitted by law, Contractor shall defend , indemnify and hold harmless City, its elected and appointed officers, officials , agents , and employees from and against any and all liability including but not limited to demands , claims , actions , fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with , relating to , arising out of, or alleged to have resulted from the acts, errors, mistakes , omissions , work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement. Contractor's duty to defend , hold harmless and indemnify City, its Special Districts , elected and appointed officers, officials , agents , and employees shall arise in connection with any tortious claim , damage , loss or expense that is attributable to bodily injury, sickness , disease, death , or injury to, impairment, or destruction of property including loss of use resulting therefrom , caused by an Contractor's acts , errors, mistakes, omissions , work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes , omissions , work or services Contractor may be legally liable . 9 . ENFORCED DELAYS (FORCE MAJEURE) : Neither City nor Contractor, as the case may be , shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an " Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws , including , but not restricted to, acts of God , fires, floods, epidemics , pandemics , quarantine, restrictions , embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes , acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism) , nuclear radiation , blockade, insurrection , riot, labor strike or interruption , extortion , sabotage , or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar 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, subcontractors, vendors or investors desired by Contractor in connection with the Project. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided , however, that the Party seeking the benefit of the provisions of this Section shall , within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days . 10 , 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 . 11 . INSURANCE : Contractor, at its own expense , shall purchase and maintain the minimum insurance and other additional requirements set forth herein . All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted ; failure to do so may, at the sole discretion of the City constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respect to City, and any insurance or self- insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies , except Workers Compensation , shall contain waiver of transfer rights of recovery (subrogation) against City, its agents , officers, officials and employees for any claims arising out of Contractor's acts , errors, mistakes, omissions , work or services . The insurance policies may provide coverage which contains deductibles or self-insured retentions . Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies . Contractor shall be solely responsible for the deductible and/or self-insured retention and City, at its option , may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive within ten ( 10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated , however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from , or be deemed a waiver of City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies , except Workers Compensation , required by this Agreement, shall name City, its agent, officers , officials and employees as additional insured parties . REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $ 1 , 000, 000 for each occurrence with a $2 , 000 , 000 Products/Completed Operations Aggregate and a $2 , 000 , 000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury , products and completed operations and blanket contractual coverage including , but not limited to , the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011 -93 or any replacement thereof. In addition , automobile liability coverage of at least $ 1 million per occurrence or a combined single limit of at least $ 1 , 000 , 000 is required . The auto liability policy should contain endorsements for hired autos, non-owned autos and scheduled vehicles , as applicable to the Contractor's business . Such policy shall contain a severability of interest provision , and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc. 's Additional Insured , Form CG 20101185 , and shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain , at all times during prosecution of the work, services or operations under this Agreement, City and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death , which may arise in the prosecution of the Contractor's work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $ 1 , 000, 000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's General Liability insurance. Workers Compensation ( Not Applicable to Sole Proprietorships) Contractor shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services ; and Employer's Liability insurance of not less than $ 100 , 000 for each accident, $ 100 , 000 disease for each employee , and $500 , 000 disease policy limit. In case any work is subcontracted , Contractor will require subcontractor to provide Workers Compensation and Employer's Liability to at least the same extent as required of Contractor. CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agreement, Contractor shall furnish the City with Certificates of Insurance , or formal endorsements as required by Agreement, issued by Contractor's insurer(s) , as evidence that policies providing the required coverages , conditions and limits required by this Agreement are in full force and effect. In the event any insurance policies required by this Agreement are written on a "claims made" basis , coverage shall extend for two (2) years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance , to be filed with the City Clerk of City. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Insurance required herein shall not expire , be canceled , or materially changed without thirty (30) days' prior written notice to City. 12. SUCCESSORS & ASSIGNS : City and Contractor each bind themselves , their partners , successors , assigns and legal representatives to the other party hereto and to the partners , successors , assigns and legal representatives of such other party in respect to all covenants , agreements and obligations contained in the contract documents. Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 13 . WRITTEN NOTICE : Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail , return receipt requested , and first class postage prepaid to the last business address known to them who gives the notice . 14 . SAFETY: Contractor and/or its subcontractors shall be solely responsible forjob safety at all times . 15 . RIGHTS & REMEDIES : The duties and obligations imposed by the contract documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing . 16 . TERMINATION OF CONTRACT: If, for any reason , the Contractor shall fail to fulfill in a timely and proper manner his/her obligations under the contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of the contract, the City shall thereupon have the right to terminate the contract by giving written notice to the Contractor of such termination and specifying the effective date thereof. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor. The City may terminate the contract at any time by giving at least twenty-four (24) hours notice in writing to the Contractor. If the contract is terminated by the City as provided herein , the Contractor will be paid for the time expended and expenses incurred up to the termination date. 17 . APPEALS : All contractual grievances shall be submitted in writing to the City Manager within five (5) calendar days after the difference of opinion or grievance occurs relating to any of the provisions of the terms of this Agreement. Within five (5) calendar days of receiving a written grievance, the City Manager shall respond in writing to the company. The City Manager's decision shall be final and binding , subject only to a further appeal in the Pinal County Superior Court pursuant to A. R. S . § 12-901 , et seq. 18 . RECORDS : Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least three (3) 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 . 19 . AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the parties . 20 . SEVERABILITY: City and Contractor each believe that the execution , delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws , including any constitutional provision , law, regulation , or City Code) , such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required . Unless prohibited by applicable laws , the Parties further shall perform all acts and execute , acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed . 21 . CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with , the provisions of A. R. S . § 38-511 . 22 . COMPLIANCE WITH FEDERAL AND STATE LAWS : Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A. R.S. § 41 -4401 , Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A. R,S. § 23-214(A) . Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E-Verify program . If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A. R. S. § 23-214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1 ,000 per day forthe third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration.and Nationality Act and the E-Verify requirements contained in A. R. S. § 23-214(A). City retains the legal right, to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 23. LIQUIDATED DAMAGES ;: Contractor hereby fixes the time for beginning work no later than August 1 , 2014. Upon failure to start work within the time specified, the Contractor shall pay as liquidated damages for the loss of use of the benefit of this project the sum of $22.00 per labor hour for the work that remains unfinished. This provision does not limit the liability of Contractor for r actual damages sustained by the City as a result of any breach of contract by the Contractor, 24. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the work being performed hereunder will occur by City_ Contractor agrees that City will have the exclusive right to determine, in its sole discretion; whether the work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the work as may be directed by City to conform to said Contract Documents without any additional charge or cost to City whatsoever. 25, SUPERVISOR: Contractor shall employ a competent service manager or supervisor who shall be in attendance at the service site during the progress of the work. The supervisor shall represent and be the community agent of the Contractor and communications given to the supervisor shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superuisorwill be: Name: Rohincnn Vn7qiiPz Phone: 609-6sn-Rrisi Cell Phone: 4Rn-239-FFgn Emergency Phone: 480-232-6590 Email Address: inm7q iez gcacervirec com Address: 5016 S Ash Ave Suite 104 Tempe, AZ 85282 26. PERFORMANCE BOND & LABOR & MATERIAL PAYMENT BOND : City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 27. COOPERATIVE USE OF CONTRACT: The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures "SAVE" cooperative. This contract may be extended for use by other municipalities , school districts and government agencies in the State of Arizona with the approval of the Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances , charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City shall not be responsible for any disputes arising out of transactions made by others. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of 5>u , 2014 . Contractor: By: Title: CITY OF APACHE JUNCTION an Arizona municipal corporation By: John Insalaco Title: City Mayor ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM : Ri r t rn City Attorney STATUTORY PAYMENT BOND PURSUANT TO TITLE 34 , CHAPTER 2 , ARTICLE 2 , OF THE ARIZONA REVISED STATUTES ( Penalty of this Bond MUST be 100 % of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS : That , hereinafter called the Principal ) , as Principal , and f a company / corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20 , Chapter 2 , Article 1 , with its principal office in the City of ( hereinafter called the Surety ) are held and firmly bound unto the City of Apache Junction ( hereinafter called the Obligee ) , in the amount of Dollars ( $ for the payment whereof , the said Principal and Surety bind themselves , their heirs , administrators , executors , successors and assigns , jointly and severally , firmly by these presents . WHEREAS , the Principal has entered into a certain written contract with the Obligee , dated day of f 2014 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein . NOW , THEREFORE , THE CONDITIONS OF THIS OBLIGATION IS SUCH , that if the said Principal shall promptly pay all moneys due to all persons supplying labor or materials to Principal or Principal ' s subcontractors in the prosecution of the work provided for in said contract , this obligation shall be void . Otherwise it remains in full force and effect : PROVIDED , HOWEVER , that this bond is executed pursuant to the provisions of Title 34 , Chapter 2 , Article 2 , of the Arizona Revised Statutes , all liabilities on this bond shall be determined in accordance with the provisions , conditions and limitations of said Title , Chapter and Article , to the same extent as if they were copies at length herein . The prevailing party in a suit on this bond shall recover as part of the judgement reasonable attorney fees as may be fixed by the judge of the court . Witness our hand this day of 2014 . PRINCIPAL SEAL BY : AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY : ATTORNEY IN FACT CERTIFICATE OF INSURANCE CITY OF APACHE JUNCTION PROJECT : PW# The certifies that the following insurance policies have been issued on behalf of : NAME OF INSURED : ADDRESS OF INSURED : Type of Policy Effect . Expire Limits of Insurance Number Date Date Liability 1 . $ 100 , 000 Each Accident ; Workman ' s $ 100 , 000 Each Disease , Compensation $ 500 , 000 Disease Policy Limit 2 . $ 1 , 000 , 000 Each Commercial Occurrence ; $ 2 , 000 , 000 General Products / Comple '_ ed Liability Operations Aggregate ; $ 2 , 000 , 000 General Aggregate Limit 3 . Contractual $ 1 , 000 , 000 Each Bodily Injury & Occurrence Property Damage 4 . Professional $ 1 , 000 , 000 Each Claim Liability 5 . Automobile $ 1 , 000 , 000 Each Bodily Injury & Occurrence Property Damage It is further agreed that these policies shall not expire , be canceled or changed until all work has been completed and the project has been accepted by the City of Apache Junction . If a policy does expire during the life of the contract , a renewal Certificate of the required coverage must be sent to the City of Apache Junction not less than thirty ( 30 ) calendar days prior to expiration date . This Certificate is not valid unless countersigned by an authorized representative of the Insurance Company . The Certificate of Insurance must also provide that the City , its officers , employees and agents are additional insured parties . Date : Countersigned by : Title : SUBSCRIBED AND SWORN TO before me this day of 2014 , by as Insurer . Notary Public My Commission Expires : ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. '+PizoN* File ID: 14-348 Sponsor: John Insalaco Agenda Date: 7/1/2014 Index: In Control: City Council Meeting Proclamation designating August 2014 as Drowning Impact Awareness Month. Fire and Life Safety Specialist Tina Gerola from Superstition Fire & Medical District will be in attendance to accept the proclamation. Presentation. City of Apache Junction,Arizona Page 1 Printed on 611512026 Suzanne Heninger From: Dieu, Ladon <Idieu@phoenixchildrens.com> Sent: Thursday, May 22, 2014 12:08 PM To: Suzanne Heninger Subject: Drowning Impact Awareness Month Proclamation Attachments: Apache Junction 2014 Drowning Impact Awareness Proclamation.docx Dear Mayor Insalaco, Attached is a proclamation for Drowning Impact Awareness Month, which is the month of August. Last year, proclamations were passed by cities throughout the state of Arizona, as well as the Governor's office. This is our 11th year for Drowning Impact Awareness Month, and we hope to exceed last year's total of purple ribbons worn by supporters, which was over 100,000. If you believe that the proclamation will be put into place, we would like to have it read at a council meeting. (The end of July or beginning of August would be the best time.) Drawing the media's attention to the proclamations increases awareness of the effort and water safety as a whole. We would also ask to have a hard copy mailed back to the address below so we can display the proclamation at Phoenix Children's Hospital during the month of August. Most local fire department employees wore purple ribbons last year, as did some city employees. Also, many cities place information in city newsletters and on websites, include it on "hold" messages on city phone systems, and include it in communication with the public, such as utility bills. Any or all of these ideas will help to make the effort a success, and any support that you can give to the proclamation request process would be greatly appreciated. Mailing Address: Phoenix Children's Hospital Water Safety Program Attention: La Don Dieu 1919 E.Thomas E. Building#1617 Phoenix, AZ 85016 Thank you! La Don Dieu Water Watchers/ Kohl's Healthy Kids & Families Phoenix Children's Hospital 1919 E. Thomas Rd E. Building#1617 Phoenix, AZ 85016 (p) 602-909-5636 (f) 602-933-3356 Follow us on twitter at kidsstaysafe and KohlsHealthyFamilies Who is your"Water Watcher" at pool parties? Use a Water Watcher tag, hat, or whistle so you know the designated adult supervisor. If you take turns every 15 minutes, supervision will always be fresh. 1 1jr cl att n DROWNING IMPACT AWARENESS MONTH AUGUST 2014 WHEREAS, Drowning.Impact Awareness Month will raise awareness that the number and impact of child drownings in Arizona affects everyone; and WHEREAS, the drowning incidents in Arizona take the lives of the equivalent of a classroom of children each year; and WHEREAS, a child drowning can happen to any family regardless of education, race or socio-economic background; and WHEREAS, families can take simple steps to protect their children around water to avoid the tragedy of the unnecessary loss of life; and WHEREAS, water safety remains a priority for Arizona families, communities, and government, and Water Watchers at Phoenix Children's Hospital; and WHEREAS, keeping children healthy and safe is the goal of Water Watchers of Phoenix Children's Hospital, fire departments and other prevention institutions in Arizona, raising awareness will increase understanding and education of effective ways to prevent drownings. NOW, THEREFORE, I, John S. Insalaco, Mayor of the City of Apache Junction, Arizona, do hereby proclaim August 1 through 31, 2014 as DROWNING IMPACT AWARENESS MONTH in the City of Apache Junction. Signed and attested to this '*;r day of - ,2014. HN S. IN, .- LACO Mayor ATTEST; ,,4_ 1? KATHLEEN CONNELLY City Clerk ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 9. '+PizoN►' File ID: 14-56 Sponsor: George Hoffman Agenda Date: 7/1/2014 Index: In Control: City Council Meeting City manager's report. Presentation. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 10. Piz File ID: 14-341 Sponsor: Bryant Powell Agenda Date: 7/1/2014 Index: In Control: City Council Meeting Larry Johnson, President and CEO of the Apache Junction Chamber of Commerce, will introduce Tim Sicocan, the new director of the Boys and Girls Club of the East Valley, Apache Junction Branch. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 11. �Piz oN* File ID: 14-347 Sponsor: Rudy Esquivias Agenda Date: 7/1/2014 Index: In Control: City Council Meeting Presentation, discussion, and consideration on proposed Ordinance No. 1404, case PZ-2-14, a proposed planned development major amendment application by Bel Agave LLC, presented by city staff and Dan Kauffman, seeking approval to develop the Bel Agave Subdivision as a 55-plus, age-restricted community of single-story homes and a community garden, among other amenities. Presentation, discussion and consideration. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction 4q ° Development Services Department Date: June 18 , 2014 To: Honorable Mayor and City Council Members Through: George Hoffman, City Manager Brad Steinke, Development Services Director From: 'fG Rudy Esquivias, Senior Planner/Zoning Admin. Subject: July 1, 2014, City Council Public Hearing Item: PZ-2-14 (Ordinance No. 1404) Bel Agave LLC/Kauffman Background Within the last year, Acer Homes LLC and PARPAC Retirement Plan (et al) , represented by Robb Tyler, received rezoning, preliminary plat and final plat approval from the City Council for their proposed 101-lot planned development subdivision called "Bel Agave" . The development plan rezoned and platted the 20-gross-acres property at the southeast corner area of S . Tomahawk Road and E. 16th Avenue to a CR-3/PD (Single-Family Residences by Planned Development) -zoned subdivision of one and two-story single-family homes with private streets and private amenity areas . The final plat has not yet been recorded, pending submittal of several final items (see condition #1 of Resolution No. 14-07) . Mr. Dan Kauffman is now the majority owner of the subdivision and he is requesting a Planned Development ( "PD" ) major amendment to market and sell Bel Agave as a SS-plus community of single-story homes and is also proposing an additional amenity of a community garden within the subdivision. Mr. Kauffman is not proposing to change the subdivision plat itself, but is asking to change some of the zoning conditions applicable to the property, as detailed in the attached P&Z report . Planning and Zoning Commission Recommendation On May 27th, 2014 , the Planning and Zoning Commission held a public hearing regarding case PZ-2-14 (P&Z staff report and exhibits attached) . The Commission unanimously voted to recommend approval of the PD major amendment request with all recommended conditions . No neighbors spoke at the public hearing. City Council Work Session At their work session on June 16 , Councilmembers commented on the range of sizes for the proposed homes and that they thought larger homes would also be successful in the community for residents who live here year-round. Councilmember Evans also commented that she wanted to see the actual model types that are being proposed. Staff followed up with Mr. Kauffman on the Council ' s comments . Please see Mr. Kauffman' s e-mail response and the graphics of the models he is now proposing, ranging in size from about 1200 square feet to about 2000 square feet . Attached Ordinance No. 1404 reflects the recommendation as made by the Commission. If the Council wishes to update the ordinance to reflect the latest information on the models, then please amend condition #7 , as part of a motion to approve, to read as follows : 7) The developers shall offer at least 6 single-story model types, ranging in size from 1200 square feet to over 2000 square feet, with 3 elevation options each. Two-car enclosed garages and front yard landscape packages shall be provided for each home . Attachments: - Proposed Ordinance No. 1404 - Letter from Pacific Alaska Leasing - E-mail and new model images from Dan Kauffman - PZ Staff Report from May 27, 2014, with all attachments. ORDINANCE NO. 1404 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT, CASE PZ-2-14 , FOR A 20 GROSS ACRES, RS-5/PD (MEDIUM/HIGH DENSITY SINGLE- FAMILY DETACHED RESIDENTIAL BY PLANNED DEVELOPMENT) - ZONED SUBDIVISION KNOWN AS "BEL AGAVE" , APPROVED BY ORDINANCE NO. 1393 AND LOCATED AT THE SOUTHEAST CORNER AREA OF E . 16TH AVENUE AND S . TOMAHAWK ROAD, BY AMENDING THE DEVELOPMENT PLAN FOR THE PROPERTY, ALLOW- ING BEL AGAVE TO BE DEVELOPED AS A 55-PLUS AGE- RESTRICTED COMMUNITY WITH SINGLE-STORY HOMES AND A COMMUNITY GARDEN, AMONG OTHER AMENITIES; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the subject property consists of four (4) separate but adjacent 5-gross-acre parcels, of which Pinal County Parcel Nos . 103-20-005, 103-20-006 and 103-20-017 have never been developed, and of which Parcel No. 103-20-015 was previously rezoned and platted (but not recorded) in 2006 for the Vista Meadows Subdivision, but was never developed; and WHEREAS, on August 6, 2013 , Ordinance No. 1393 was passed and adopted by the Mayor and City Council, approving a rezoning and a planned development plan for the proposed Bel Agave Subdivision on the above mentioned parcels ; a one and two-story single-family homes subdivision with private streets and private amenity areas ; and WHEREAS, on August 6, 2013 , Resolution No. 13-31 was passed and adopted by the Mayor and City Council, approving a prelim- inary plat for the proposed Bel Agave Subdivision; and WHEREAS, on March 4 , 2014 , Resolution No . 14-07 was passed and adopted by the Mayor and City Council, approving the final subdivision plat for Bel Agave; and WHEREAS, the final plat for Bel Agave has yet to be recorded, pending submittal and/or execution of all of the items required in Condition #1 of Resolution No. 14-07 ; and ORDINANCE NO. 1404 PAGE 1 OF 7 WHEREAS, the new majority owner of the Bel Agave property has requested, through case PZ-2-14 , a planned development major amendment for Bel Agave, requesting to develop the subdivision as a 55-plus age-restricted community, with all single-story homes and a community garden, along with all previously approved features and amenity areas; and WHEREAS, on May 27, 2014 , the Apache Junction Planning and Zoning Commission voted 7-0 to recommend approval of the planned development major amendment case PZ-2-14 , amending conditions of approval numbers 4 , 6, 7 and 9 of Ordinance No. 1393 in order to accommodate the request, as described herein and in the staff report dated May 27 , 2014 ; and WHEREAS, on June 5, 2014 , the city' s new zoning ordinance and zoning district maps became effective, renaming the zoning district of the property from 11CR-3/PD" (Conventional Single- family Homes by Planned Development) to "RS-5/PD" (Medium/High Density Single-family Detached Residential by Planned Develop- ment) , but otherwise still observing all of the planned development conditions prescribed by ordinance No . 1393 ; and WHEREAS, the City Council hereby determines that the proposed planned development major amendment conforms to the general regulations as specified in Apache Junction City Code, volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-5 Zoning and Bulk Use Regulations, Sections 1-5-1, Table 5-1 Residential Use Regulations and 1-5-2 , Table 5-2 Residential Bulk Regulations (except as otherwise conditioned herein) , and Section 1-4-3 Planned Development District . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL That a planned development major amendment, rewriting conditions of approval, numbers 4 , 6, 7 and 9 of Ordinance No. 1393 , for the parcels of land legally described as : ORDINANCE NO. 1404 PAGE 2 OF 7 Parcel No. 1 : The North half of the Southwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-017) ; and Parcel No. 2 : The East half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 27 , Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No . 103-20-005) ; and Parcel No . 3 : The West half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 27 , Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No . 103-20-006) ; and Parcel No . 4 : The North half of the Southeast quarter of the Northwest quarter of the Southwest quarter of Section 27 , Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No . 103-20-015) . be and hereby is approved, subject to the following conditions of approval, including changes to conditions 4 , 6, 7 and 9 : 1) Street improvements along the property' s S . Tomahawk Road and S . Wickiup Road frontages, such as extension of pavement and the provision of sidewalk, curb, gutter, streetlights, fire hydrants, landscaping, retention areas, etc . , normally required for CR-3-zoned subdivisions, shall be required as part of this planned development project, subject to approval by the City Engineer. Additional off-site improvements along the property' s E. 18th and 19th Avenue frontages shall also be provided subject to the City Engineer' s determination at the time of final subdivision plat and improvement plans submittal . The developer shall dedicate all necessary rights-of-way and cutoff corners as determined by the City Engineer. ORDINANCE NO. 1404 PAGE 3 OF 7 2) Xeriscape landscaping shall be provided throughout the development, internal and external to the site, in accordance with the city' s Landscaping and Screening Requirements, except as follows : A) A 10-foot deep landscape setback area shall be provided along Tomahawk Road (as measured from the edge of the ultimate right-of-way line) , wherein 25!� of the required trees shall be 24" box and 25%- of the required trees shall be 36" box; B) A 5-foot deep landscape setback area shall be provided along Wickiup Road (as measured from the edge of the ultimate right-of-way line) , wherein 50%- of the required trees shall be 24" box; C) 5-foot deep landscape strips shall be provided along 18th and 19th Avenues, but plantings along these roadways shall only consist of shrubs, groundcovers and decomposed granite (sizes, numbers and densities to comply with the city' s Landscaping and Screening Requirements) . 3) 6-foot tall perimeter masonry walls shall enclose the proposed subdivision and decorative masonry walls shall be provided along the Tomahawk and Wickiup Road frontages, the design of which is subject to staff approval as part of the final landscape plans . The use of wrought iron view fencing along segments of this perimeter fencing is encouraged at the main entrance on Tomahawk, at the southwest and northeast corners (retention and wash entry areas) , and at other retention or open space areas for the purpose of featuring and highlighting the landscape elements and open spaces and providing a more open feel to the subdivision. 4) The developers of Bel Agave shall provide a clubhouse, swimming pool, community garden area, barbeque and playground amenity areas, and pedestrian walking paths along the natural corridors . The barbeque and playground areas in particular shall be shaded for the mitigation of summer heat by drought-tolerant, low-water using trees . A complement of either 24" box Ironwoods or ORDINANCE NO. 1404 PAGE 4 OF 7 24" box Rio Salado Mesquites shall be used in these amenity areas, with the Ironwood representing the first choice as it is slow growing, and the Mesquite as a secondary option as it is resistant to high winds and is a good shade tree . Play stations and usable open space shall be provided in compliance with the city' s Parks and Recreation standards for HOA maintained areas . 5) Lots adjacent to drainage channels , retention basins or washes shall have fences separating them from these features for safety purposes; access gates may be provided to pedestrian walking paths . 6) The proposed homes shall include southwestern architectural features as illustrated in the City' s Design Guidelines and in the elevations submitted with case PZ-2-14 , and shall offer ground mounted air conditioning units and architectural treatments on all four sides of the buildings so as to preclude flat or blank facades, including pop-outs and roofline and color variations to add visual interest. 7) The developers shall offer at least 6 single-story model types, ranging in size from 1045 square feet to 1750 square feet, with 3 elevation options each. Two-car enclosed garages and front yard landscape packages shall be provided for each home . 8) All applicable permits shall be applied for and plans shall be designed to current City codes prior to any lot grading or construction on the lots . Inclusively, all applicable development fees shall be paid at the time of permits issuance on a per-building basis . 9) The preliminary and final plats shall reflect substantial compliance and consistency with the Planned Development concepts presented with case PZ-3-13 and PZ- 2-14 , incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, setbacks (10 ' front/18 ' to ORDINANCE NO. 1404 PAGE 5 OF 7 garage, 10 ' rear, 5 ' interior sides, 10 ' street side) , public and private rights-of-ways, easements and tracts, amenities, perimeter and interior lot separation walls , model types, landscaping and other improvements . 10) The rear yard patios shall be covered, shall meet setback requirements for the homes and shall at no time hereafter be enclosed. 11) All common areas, amenity areas, and tracts within and immediately adjacent to the proposed development, including perimeter walls and fences, and interior and exterior common area landscaping, shall be owned and maintained in good condition at all times by the owners or homeowners association of the proposed subdivision. 12) All-weather surface access drives for fire apparatus and other emergency providers shall be provided during construction of the development; and all construction vehicles and equipment shall be kept on the subject property. SECTION II REPEALING ANY CONFLICTING PROVISIONS: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, sub-section, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconsti- tutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF 2014 . ORDINANCE NO. 1404 PAGE 6 OF 7 JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1404 PAGE 7 OF 7 PACIFIC ALASKA LEASING June 2, 2014 City of Apache Junction City Council 300 East Superstition Blvd. Apache Junction, AZ 85119 RE: Case PZ-2-14, Bel Agave Subdivision Gentlemen, As owner of the property at 1767 South Wickiup Road and a neighbor of Bel Agave Subdivision, our only concern with the request by Bel Agave LLC is that this will result in commercially-zoned property adjoining residentially-zoned property. We are concerned with potential complaints from future residents regarding noise from vehicle loading and unloading operations. You may want to consider requiring some sort of barrier or buffer zone to lessen the impact of commercial operations on the quiet enjoyment of residents. We wish to be a good neighbor and do not wish to oppose this request at this time; we just would like the city council to be aware of and to consider possible future issues that may arise. Thank you for your consideration of our comments. Sincerely, David G. Faulk Owner cc: Dan Kauffman, Kauffman Homes 9191 Old Seward Highway, Unit 15 • Anchorage, Alaska 99515 Phone (907) 349-9899 • Fax (907) 349-3001 • www.akpacific.net Rudy Esquivias From: Pam <office@kauffmanhomes.com> Sent: Wednesday,June 18, 201411:37 AM To: Rudy Esquivias Subject: RE: Bella Agave Attachments: Bel Agave Floor Plans.pdf Rudy, In response to Councilwoman Evans point~. After hearing the comments froni die meeting on Monday, I have agreed with leer and die Mayor, and had already started working on die larger size liomes for die coniniunity. I have 1,200 minimum square foot up to 2,028 as die largest floor plan. Each plan will Have 3 diflerent architectural elevations, which will have stone, pop outs and metal features. See attached. Yes, die lots are large enough to accommodate pools. The 3 car garages ivill not work ividi die lot sires, but I am comfortable i%Rdi die 2 car garage as most couples have a maximum of 2 cars. The delay ividi Stagecoacli 'Trails is front die water company clianges at die headquarters in California, which die City Attorney and Engineers are all aware of, it has gone back to die %witer engineer quid then still awaiting approval from die iifiter conipany to coniply ividi their new rules. I i611 give an update at die meeting of'any furdier changes. Councilwoman Evans, I really appreciate your feedback and any oilier that i%ill lielp improve and make this a successftil community. Dan Kauffman 480-816-(0155 1-866-618-6673 (e-Fax) office@kauffmarLhomes.eom From: study Esquivias f mailto:resquivias aicitv.net] Sent:Tuesday, June 17, 2014 4:28 PM To: Dan Kauffman (dan@kauffmanhomes.com); Pam Hicks (offic kauffmanhomes.com) Cc: Brad Steinke Subject: FW: Bella Agave Dan: Please see the e-mail below which I received today from Councilwoman Evans. If possible, please respond to the points in this e-mail and provide images of the actual models(minimum of 6)no later than Spm tomorrow(Wednesday,June i 18). 1 would like to include this e-mail and your responses to it, in my updated staff report for the meeting of July 1". My staff report is due tomorrow at 6pm. Thanks - Rudy From: Gail A. Evans [mailto:gailaft a-evans lhotmail.com] Sent: Tuesday, June 17, 2014 4:03 PM To: Rudy Esquivias Subject: Bella Agave Rudy, want to clarify my statement last night concerning the square footage change for the sub-division. Please share this with Dan, as I want to give him as much time as possible for his thoughts and actions. 1 ) Apache Junction needs year round residents for our sustainability . Building only the smaller size homes, does not promote the older ( still working) couples that want a new home in a 55+ community still close to freeway etc. 2) Before our next meeting I would like to see the actual plans and elevations he is thinking about. Originally Rob Tyler presented the same elevations as Jacobs Ranch, which I hope there is a newer look for this community. would not be opposed if he included some larger attached home section as long as they still had the 2 car garages . 3) In Bella Agave we have some nice larger lots that could still handle larger single story homes and with a private pool if they want. All people over 55+ are not just sitting around looking where to go eat next. 3 car garage and more is a must for a lot of people I know. 4) Stagecoach is still at a stall from what I could tell last night. I am only for this community being a 55+ if Stagecoach is still moving forward. I would like a clearer update on that progress at our next meeting. 5) We need a diverse community and we don't have that happening right now, Dan has helped our community grow, and we have helped Dan grow as well. I just don't want to be short sighted in thinking all 55 and overs want only small. Gail 2 BEL A(5AVE li square feet, 2 bedrooms, Kauffman o-or: I - f Homes j BEL A(?A VE 1200 square feet, 2bedrooms,2 bathrooms f opt n Covered Patio Nook S Master Suite IGtehen • Div artxc Room � WIC Mstr �1 PAD Garage Bedroom 02 opliord i Bay Ntndo.. 07dw al lo'eprwrldoff I f PA-- OptlaoalSlder Cpdomi Skin i I apt I 6pt 2rd t+sl+Awwe. 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O 0 t 3 +' N ! vi i3! 0 b v I .fl J m v t � cr Ll co N , o � N t � r t i I City of Apache Junction ° Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: May 27, 2014 CASE NUMBER: PZ-2-14 APPLICANTS/OWNERS: Bel Agave LLC REPRESENTATIVE: Dan Kaufman REQUEST: An application requesting approval of a Planned Development major amendment to the proposed Bel Agave Subdivision, seeking to develop the property as a 55-plus, age- restricted community of single-family homes, with amenities and a community garden. LOCATION: The property is located at the southeast corner area of S . Tomahawk Road and E . 16th Avenue . GENERAL PLAN/ ZONING DESIGNATION: Medium Density Residential at 1 to 6 dwelling units per acre; zoned CR-3/PD (Conventional Single-family Homes by Planned Development) . SURROUNDING USES : North: Vacant industrial (zoned CI-1) ; South: Single-family homes (zoned GR and CR-2MH) ; East : Vacant commercial, single-family homes and MH park (zoned C-1/PD, GR and TH) ; West : Industrial and single-family homes (zoned CI-1 and TH) . PZ-2-14 (Bel Agave LLC/Kaufman) PAGE 2 OF 9 BACKGROUND The 20-acre subject site (see vicinity and zoning map attached) has never been developed to the best of staff' s knowledge . In 2005 , the easternmost 5-acres of the property was rezoned from GR to CR-3/PD and platted for the 16-lot Vista Meadows Subdiv- ision (case PZ-21-05, Ordinance No. 1256) . Later on, at about the time the subdivision plat for Vista Meadows was finished, the economy started turning bad, the developers never submitted the improvement bond, the plat was never recorded and thus the subdivision was never built . In 2013 , the Commission and Council considered a new rezoning proposal and development plan for the old Vista Meadows property, along with another vacant 15 acres directly west of it, in the proposed Bel Agave Subdivision. Pursuant to cases PZ-3-13 and SD-2-13 , the Commission recommended approval of, and the City Council did approve, a rezoning for the entire 20 acres to CR-3/PD; and the preliminary and final subdivision plats for Bel Agave . The preliminary plat presented to the Commission consisted of 120 lots for single family homes, with amenity areas and extensive landscaping. The final plat approved by Council was for a subdivision in much the same configuration that the Commission saw, except with 101 lots (slightly larger in size) and with the additional amenity of guest parking spaces throughout the subdivision. Approved Ordinance No. 1393 and Resolution Numbers 13-31 and 14-07 are attached for the Commission' s information. While Bel Agave has received final plat approval, the plat has not yet been recorded, pending receipt of the items listed in condition #1 of Resolution 414- 07 . During the rezoning and platting process for Bel Agave, the community was never presented as, nor requested to be developed as, an age-restricted community as part of the planned development plan. Very recently and after approval of the final plat, the previous property owners sold the property to Mr. Kaufman. It is Mr. Kaufman' s desire to market Bel Agave as an age-restricted community of single-story homes . PZ-2-14 (Bel Agave/Kaufman) PAGE 3 OF 9 PROPOSAL Mr. Kaufman seeks approval of a planned development major amendment to develop Bel Agave as a 55-plus community with single-story homes and a community garden. Mr. Kaufman has built many, many homes in Apache Junction, including Jacob' s Ranch, Terra Morado and Broadway San Marcos, and he contends that he gets many inquiries from seniors asking if he has a 55- plus community to offer. Mr. Kaufman would like to offer such a product as part of his portfolio, thus the reason for this request . Mr. Kaufman does not propose to change the final plat for Bel Agave, just some of the conditions of zoning approval; including the requirement to offer both one-story and two-story model types (4 of each, with 3 elevation options each) . Instead, Mr. Kaufman proposes to offer 6 model types , 3 elevation options each and all single-story homes . The sizes of the models, previously ranging from about 1000 square feet to about 2200 square feet in size, would be limited to smaller sized single- story models ranging from 1045 square feet to 1750 square feet in size, which are more conducive to senior living. As a trade- off he also offers the additional amenity of a community garden for Bel Agave residents, to be located just north of the clubhouse, in addition to the other amenity areas . All other applicable conditions of the previous zoning approval would still apply, including the provision of extensive landscaping, open space areas, perimeter walls with view fencing, guest parking areas, walking paths, reduced setbacks, specific CC&R provisions, etc . , as prescribed by the approved ordinance and resolutions . The subdivider will also be required to provide all standard subdivision improvements as requested by the City Engineer, including the dedication, widening and improvement of his half of Tomahawk and Wickiup Roads with asphalt, sidewalk, curb, gutter, street-lights, fire hydrants, and street frontage landscaping. More limited improvements to 18th and 19th Avenues will also be provided, as worked out with Public Works . The internal streets will be private HOA-maintained streets . All internal and perimeter landscape improvements will also be HOA- maintained. PZ-2-14 (Bel Agave/Kaufman) PAGE 4 OF 9 PLANNED DEVELOPMENT APPROVAL The proposed subdivision has already been found to be consistent with the General Plan, and appropriate and in context with surrounding residential-zoned areas . Planned Development deviations requested mostly had to do with lot size, lot width and setbacks . The following is a breakdown of the planned development deviations granted as part of the planned development zoning approval for Bel Agave: • The City of Apache Junction Zoning Ordinance, Section 1-15-6, states that lots in a straight CR-3 zone must meet a minimum lot area of 7, 000 net square feet (SF) . Many of the lots originally proposed in Bel Agave were about 3465 SF in size (45 ' x 771 ) ; there were a number of lots around 3850 (50 ' x 77' ) ; some at 4000 SF (50' x 801 ) ; and the corner and wedge-shape lots were larger. The final plat saw slightly larger overall lot sizes, mostly because the lot depths were increased. • 60' is the minimum lot width in a straight CR-3 zone . This development proposes minimum lot widths of mostly 45 ' and 501 . • Maximum lot coverage by all buildings is 40% in a CR-3 zone . The lots in this development will be closer to 50%- lot coverage . • The maximum building height in CR-3 is 251 , which would not change with this request . • The minimum setbacks in CR-3 are 20 ' front, 20 ' rear, and 5' and 10 , on the sides, with corner lots requiring 15' from the side street . Bel Agave proposes 10 ' front (18 ' to garage) , 10 ' rear, 5 ' sides, with street side for a corner lot being 101 . a The developer also requested to reduce the depth of the landscape setbacks along the perimeter streets . A 20' LS setback would normally be required along Tomahawk; the development proposes a 10 ' setback. A 10 ' setback would normally be required along the other street frontages ; the development plan proposes 51 . Some of the Planned development trade-offs offered in the development include passive and active recreation areas, including a clubhouse and a swimming pool, barbeque and children' s play areas, and natural corridors with walking paths . Pz-2-14 (Bel Agave/Kaufman) PAGE 5 OF 9 Off-site flows will be accommodated as naturally as possible, as well as retaining whatever is being displaced on-site; and making sure that those drainage features are incorporated effectively and attractively into the design of the subdivision. Four-sided architecture, ground-mounted AC units, 2-car enclosed garages, front yard landscape packages for the individual lots, and significant amounts of 24" and 36" box trees along the perimeter streetscapes were also required. PLANNING AND ZONING COMMISSION WORK SESSION At their work session on May 13 , Commissioners mainly enquired about where the community garden was going, and if there were any other 55-plus, conventional home neighborhoods in the City. As mentioned above, Mr. Kaufman plans to make some room between the clubhouse and lot 27 to provide an area where residents can have a community garden. With regard to other 55-plus conven- tional home neighborhoods in the City, Staff mentioned that Apache Villa is probably the most well-known, although their age-restricted status seems to be controlled by CC&Rs . Meridian Manor is also 55-plus, but it is not all conventional homes . Indian Summer Condos is 55-plus, but that is more apartment style living. Someone mentioned Dolce Vita, but Dolce vita is not a subdivision and it is a manufactured home development . There are dozens of manufactured home and RV parks in the City that are 55-plus, as well as a handful of RV subdivisions . PLANNING DIVISION COMMENTS The main question for the Commission and Council is a policy question. Does the Commission and Council feel that Apache Junction needs and/or could benefit from an age-restricted conventional homes subdivision? There are many age-restricted MH and RV parks in the City, but there are not many age- restricted conventional home neighborhoods . The Commission and Council members could probably make up lists of pros and cons for such a proposal . Staff presents the facts in this case as they currently exist; and offers the following suggested language should the Commission wish to recommend to Council that planned development Ordinance No. 1393 be amended in favor of Mr. Kaufman' s request . (Proposed changes are shown in highlights and flake . ) PZ-2-14 (Bel Agave/Kaufman) PAGE 6 OF 9 RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of planned development major amendment case PZ-2-14 , a request by Bel Agave LLC, represented by Dan Kaufman, for the CR-3/PD (Conventional Single-family Homes by Planned Development) -zoned Bel Agave Subdivision, located at the southeast corner of S . Tomahawk Road and E. 16th Avenue, allowing for a 55-plus age-restricted community and amending conditions 4 , 6 , 7 and 9 of Ordinance No. 1393 to read as follows, but leaving all other conditions as originally approved: 1) Street improvements along the property' s S . Tomahawk Road and S . Wickiup Road frontages, such as extension of pavement and the provision of sidewalk, curb, gutter, streetlights, fire hydrants, landscaping, retention areas, etc . , normally required for CR-3-zoned subdivisions, shall be required as part of this planned development project, subject to approval by the City Engineer. Additional off-site improvements along the property' s E . 18th and 19th Avenue frontages shall also be provided subject to the City Engineer' s determination at the time of final subdivision plat and improvement plans submittal . The developer shall dedicate all necessary rights-of-way and cutoff corners as determined by the City Engineer. 2) Xeriscape landscaping shall be provided throughout the development, internal and external to the site, in accordance with the city' s Landscaping and Screening Requirements, except as follows : A) A 10-foot deep landscape setback area shall be provided along Tomahawk Road (as measured from the edge of the ultimate right-of-way line) , wherein 25%- of the required trees shall be 24" box and 25-W of the required trees shall be 36" box; B) A 5-foot deep landscape setback area shall be provided along Wickiup Road (as measured from the edge of the ultimate right-of-way line) , wherein 50% of the required trees shall be 24" box; PZ-2-14 (Bel Agave/Kaufman) PAGE 7 OF 9 C) 5-foot deep landscape strips shall be provided along l8tn and 19th Avenues, but plantings along these roadways shall only consist of shrubs, groundcovers and decomposed granite (sizes, numbers and densities to comply with the city' s Landscaping and Screening Requirements) . 3) 6-foot tall perimeter masonry walls shall enclose the proposed subdivision and decorative masonry walls shall be provided along the Tomahawk and Wickiup Road frontages, the design of which is subject to staff approval as part of the final landscape plans . The use of wrought iron view fencing along segments of this perimeter fencing is encouraged at the main entrance on Tomahawk, at the southwest and northeast corners (retention and wash entry areas) , and at other retention or open space areas for the purpose of featuring and highlighting the landscape elements and open spaces and providing a more open feel to the subdivision. 4 ) The developers of Bel Agave shall provide a clubhouse, swimming pool, community garden area, barbeque and playground amenity areas, and pedestrian walking paths along the natural corridors . The barbeque and playground areas in particular shall be shaded for the mitigation of summer heat by drought-tolerant, low-water using trees . A complement of either 24" box Ironwoods or 24" box Rio Salado Mesquites shall be used in these amenity areas, with the Ironwood representing the first choice as it is slow growing, and the Mesquite as a secondary option as it is resistant to high winds and is a good shade tree . Play stations and usable open space shall be provided in compliance with the city' s Parks and Recreation standards for HOA maintained areas . 5) Lots adjacent to drainage channels, retention basins or washes shall have fences separating them from these features for safety purposes; access gates may be provided to pedestrian walking paths . 6) The proposed homes shall include southwestern architectural features as illustrated in the City' s Design Guidelines and in the submitted elevations submitted with case PZ-2-14, and shall offer ground PZ-2-14 (Bel Agave/Kaufman) PAGE 8 OF 9 mounted air conditioning units and architectural treatments on all four sides of the buildings so as to preclude flat or blank facades, including pop-outs and roofline and color variations to add visual interest . 7) The developers shall offer at least $- 6 single-story model types, ranging in size from 1045 square feet to 1750 square feet, (-fear 1--stems-and feiar 2 sta s` with 3 elevation options each. Two-car enclosed garages and front yard landscape packages shall be provided for each home . Lets 77, 78- 79, 89 , 88 and 92 -shall e 8) All applicable permits shall be applied for and plans shall be designed to current City codes prior to any lot grading or construction on the lots . Inclusively, all applicable development fees shall be paid at the time of permits issuance on a per-building basis . 9) The preliminary and final plats shall reflect substantial compliance and consistency with the Planned Development concepts presented with case PZ-3-13 and PZ- 2-14, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, setbacks (10' front/18 ' to garage, 10 ' rear, 5 ' interior sides, 10 , street side) , public and private rights-of-ways, easements and tracts, amenities, perimeter and interior lot separation walls , model types, landscaping and other improvements . 10) The rear yard patios shall be covered, shall meet setback requirements for the homes and shall at no time hereafter be enclosed. 11) All common areas, amenity areas, and tracts within and immediately adjacent to the proposed development, including perimeter walls and fences, and interior and exterior common area landscaping, shall be owned and maintained in good condition at all times by the owners or homeowners association of the proposed subdivision. PZ-2-14 (Bel Agave/Kaufman) PAGE 9 OF 9 12) All-weather surface access drives for fire apparatus and other emergency providers shall be provided during construction of the development; and all construction vehicles and equipment shall be kept on the subject property. l Prepared VY y Ing quivias Senior P r/Zo Administrator Attachments: - PD Major Amendment application - Public Participation Plan - Approved Ordinance and Resolutions for Bel Agave - PZ-2-14 Zoning and Vicinity Map - Aerial image of property - Aerial image of surrounding neighborhood Bel Agave Final Plat layout - Proposed elevations of model types CITY OF APACHE JUNCTION PLANNED DEVELOPMENT AMENDMENTS /TIME EXTENSION/ PR.ELIMINARY PLANNED DEVELOPMENT PLAN REVIEW APPLICATION UWe hereby request an Amendment/Time Extension/Pre-Plan Review for my/our Planned Development zoned property. The request is as follows: 5 + m The case number of the original Planned Development zoning was: _ S t) - Please check appropriate letter: ❑ I have submitted site plans an/or elevations for a Preliminary Plan or an Amendment Request 11 I have submitted a new development schedule for a Time Extension request. Legal Description of Property (found on County Tax Bill Notices): N 11 a SW U W SW sec a�- E ovAC E 7T- I IJ 9,E 6 ,00 SeC, N SE W 331 4 . 1 a ' E N VJ r- County Assessor's Tax Parcel Number: 103-a0--01 T 1 b3- -UC15 tU3- to3 -aQ-o15 Describe the reason for the Amendemnt/Time Extension /Pre-Plan Review for the property: P\n1A 5 5 + Corn rn u_n I %, (!) 2n c-t e s �- FOR OFFICE USE ONLY Case No: Date Filed: Receipt No: Proposed Ordinance No. Application Received By: Fee Amount: $ I/We certify that: I/We are the owner(s) of the property described in this Planned Development Amendment/Time Extension/Pre-Plan Review application and have submitted copies of deeds or title reports as proof of ownership. I/We have read the application instructions and have truthfully completed this application and understand that the City has the option of either approval or denial of this request following conduct of a Public Hearing. I/We, being the owner(s) of the property in this application, have appointed as my/our representative agent. I/We have authorized him/her to do whatever is necessary to have this request considered favorably by the City of Apache Junction and agree that all correspondence relating to this matter should be delivered to him/her. PLEASE PRINT v e_ LLC, Property Ow r Frame Signature / 1("S IO Ave o-pne.-Foul—St Street Address F + - Ik 61 City, State, Zip Telephone Property Owner Name Signature Street Address City, State, Zip Telephone bin &L(dpw-to-n J. Agent Name Signature of T-k e_ FounfyL J I Street Address Us 25ale$ H FSu ! (0 Iss City, State, Zip Telephone T STATE OF ARIZONA ) The foregoing instrument was acknowledged before SS me this day of 20 1 + . COUNTY OF PINAL ) �- TAMMY L TRAMMELL Notary Public -Arizona ���� PT Maricopa County *my Comm. Expires Nov 19,201 Notary Public My Commission Expires: Citizen Participation Plan for Bel Agave Subdivision Date- April 15 2014 Purpose: The purpose of this Citizen Participation Plan is to inform citizens, property owners, neighbor associations, agencies, schools and businesses in the vicinity of the site of an application for the Bel Agave Subdivision This site is located at 191h Ave and Tomahawk Rd , and is an application for an Amendment to a 55+ community with single story homes with amenities and a community garden This plan will ensure that those affected by this application will have an adequate opportunity to learn about and comment on the proposal Contact: Dan Kauffman PO Box 18571 Fountain Hills, AZ 85269 480-816-6155, 480-816-6160 (fax) Email off ice(d)kauffmanhomes corn Action Plan: In order to provide effective citizen participation in conjunction with their application the following actions will be taken to provide opportunities to understand and address any real or perceived impacts their development that members of the community may have 1 A contact list will be developed for citizens in this area including • Interested neighbors—focused on 300 feet from this site, but may include more 2 All persons listed on the contact list will receive a letter describing the project, project schedule, and site plan 3 Neighbors within 300 feet of the site will be contacted by mail to inform them of the project and receive comments 4. Presentations will be made to groups of citizens upon request. (All materials such as sign-in lists, comments and petitions received are copied to the City of Apache Junction) Schedule: Application submittal— Submittal of Citizen Participation Report and Notification materials— Planning and Zoning Board Hearing — ORDINANCE NO. 1393 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION FROM GENERAL RURAL ( "GR" ) TO CONVENTIONAL SINGLE--FAMILY HOMES BY PLANNED DEVELOPMENT ( "CR-3/PD" ) AND APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT, FOR THE PRO- PERTIES DESCRIBED IN REZONING CASE PZ-3-13 , A REQUEST BY ACER HOMES L.L. C. AND PARPAC RETIREMENT PLAN, ET AL. , REPRESENTED BY ROBB TYLER; REPEALING ANY CON- FLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the subject property consists of four (4) separate but adjacent 5-gross-acres parcels, of which Final County Parcel Nos . 103-20-005 , 103-20-006 and 103-20-017 have never been rezoned or developed, and of which Parcel No. 103-20-015 was previously rezoned and platted (but not recorded) in 2006 for the Vista Meadows Subdivision, but was never developed; and WHEREAS, the submitted Planned Development Plan and preliminary plat for a future 120-lot single-family homes subdivision on the 20-gross acres subject property, to be called "Bel Agave" , proposes a density of 6 dwelling units per acre, which is in compliance the city' s current General Plan; and WHEREAS, on June 25 , 2013 the Apache Junction Planning and Zoning Commission voted 3-1 to recommend approval of Planned Development rezoning case PZ-3-13 , subject to the submitted conceptual Planned Development plans and the conditions prescribed herein; and WHEREAS, the City Council hereby determines that the proposed Planned Development rezoning request conforms to all of the general criteria as specified in Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-15-6, CR-3 Single-FamilZ Residence Zone and Article 1- 19, Planned Development Zoning District (except as otherwise conditioned herein) , including integration with the surrounding neighborhood, adequate traffic accommodation, adequate public facilities, extension of infrastructure, and that the design and uses should result in enhancements to the social, built and ORDINANCE N0. 1393 PAGE 1 OF 6 natural environments in the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL The zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcels of land legally described as : Parcel No . 1 : The North half of the Southwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township I North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-017) ; and Parcel No. 2 : The East half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-005) ; and Parcel No. 3 : The West half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-006) ; be and hereby is amended from General Rural ("GR" ) to Conventional Single-Family Homes by Planned Development ( "CR- 3/PD" ) ; and That the approved Planned Development Plan (pursuant to Ordinance No. 1256 and Resolution No. 06-42) for the CR-3/PD- zoned parcel of land formerly platted for the Vista Meadows Subdivision and legally described as : Parcel No . 4 : The North half of the Southeast quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-015) , ORDINANCE NO. 1393 PAGE 2 OF 6 be and hereby is amended to integrate said parcel into the proposed development plan for the Bel Agave Subdivision; all parcels above subject to the following conditions of approval: 1) Street improvements along the property' s S . Tomahawk Road and S . Wickiup Road frontages, such as extension of pavement and the provision of sidewalk, curb, gutter, streetlights, fire hydrants, landscaping, retention areas, etc . , normally required for CR-3-zoned subdivisions, shall be required as part of this planned development project, subject to approval by the City Engineer. Additional off-site improvements along the property' s East lsth and 19th Avenue frontages shall also be provided subject to the City Engineer' s determination at the time of final subdivision plat and improvement plans submittal . The developer shall dedicate all necessary rights-of-way and cutoff corners as determined by the City Engineer. 2) Xeriscape landscaping shall be provided throughout the development, internal and external to the site, in accordance with the city' s landscaping and screening requirements, except as follows : A) A 10-foot deep landscape setback area shall be provided along Tomahawk Road (as measured from the edge of the ultimate right-of-way line) , wherein 25%- of the required trees shall be 24" box and 25W of the required trees shall be 36" box; B) A 5-foot deep landscape setback area shall be provided along Wickiup Road (as measured from the edge of the ultimate right-of-way line) , wherein 50t of the required trees shall be 24" box; C) 5-foot deep landscape strips shall be provided along lsth and 19th Avenues, but plantings along these roadways shall only consist of shrubs, groundcovers and decomposed granite (sizes, numbers and densities shall comply with the city' s landscaping and screening requirements) . 3) Six-foot tall perimeter masonry walls shall enclose the proposed subdivision and decorative masonry walls shall ORDINANCE NO. 1393 PAGE 3 OF 6 be provided along the Tomahawk and Wickiup Road frontages, the design of which is subject to staff approval as part of the final landscape plans . The use of wrought iron view fencing along segments of this perimeter fencing is encouraged at the main entrance on Tomahawk, at the southwest and northeast corners (retention and wash entry areas) , and at other retention or open space areas for the purpose of featuring and highlighting the landscape elements and open spaces and providing a more open feel to the subdivision. 4) The developers of Bel Agave shall provide a clubhouse, swimming pool, barbecue and playground amenity areas, and pedestrian walking paths along the natural corridors . The barbecue and playground areas in particular shall be shaded for the mitigation of summer heat by drought-tolerant, low-water using trees. A complement of either 24" box Ironwoods or 24" box Rio Salado Mesquites shall be used in these amenity areas, with the Ironwood representing the first choice as it is slow growing, and the Mesquite as a secondary option as it is resistant to high winds and is a good shade tree. Play stations and usable open space shall be provided in compliance with the city, s Parks and Recreation standards for home owner association ( "HOA" ) maintained areas . 5) Lots adjacent to drainage channels, retention basins or washes shall have fences separating them from these features for safety purposes; access gates may be provided to pedestrian walking paths . 6) The proposed homes shall include southwestern architectural features as illustrated in the City, s Design Guidelines and in the submitted elevations, and shall offer ground mounted air conditioning units and architectural treatments on all four sides of the buildings so as to preclude flat or blank fagades, including pop-outs and roofline and color variations to add visual interest . 7) The developers shall offer at least 8 model types (four 1-story and four 2-story homes) with 3 elevation options each. Two-car enclosed garages and front yard landscape ORDINANCE NO. 1393 PAGE 4 OF 6 packages shall be provided for each home_ Lots 77, 7B, 79, 80, 88 and 92 shall be limited to 1-story homes . 8) All applicable permits shall be applied for and plans shall be designed to current City codes prior to any lot grading or construction on the lots . Inclusively, all applicable development fees shall be paid at the time of permits issuance on a per-building basis . 9) The preliminary and final plats shall reflect substantial compliance and consistency with the Planned Development concepts presented with case PZ-3-13 , incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, setbacks (10' front/18' to garage, 10' rear, 5 ' interior sides, 10 ' street side) , public and private rights-of-ways, easements and tracts, amenities, perimeter and interior lot separation walls, model types, landscaping and other improvements . 10) The rear yard patios shall be covered, shall meet setback requirements for the homes and shall at no time hereafter be enclosed. 11) All common areas, amenity areas, and tracts within and immediately adjacent to the proposed development, including perimeter walls and fences, and interior and exterior common area landscaping, shall be owned and maintained in good condition at all times by the owners or HOA of the proposed subdivision. 12) All-weather surface access drives for fire apparatus and other emergency providers shall be provided during construction of the development; and all construction vehicles and equipment shall be kept on the subject property. SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. ORDINANCE NO. 1393 PAGE 5 OF 6 SECTION III PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconsti- tutional by the decision of any court of competent jurisdiction, such decision shall, not affect the validity of the remaining portions thereof . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS _ GTH _ DAY OF AUGQST , 2013 _ SIGNED AND ATTESTED TO THIS —61N DAY OF 2013 . k IN CO Mayor ATTEST: �x r. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1393 PAGE 6 OF 6 RESOLUTION NO. 13-31 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY SUBDIVISION PLAT FOR THE "BEL AGAVE" SUBDIVISION, IN CASE SD-2-13 , BY ACER HOMES L.L.C. AND PARPAC RETIREMENT PLAN, ET AL. , REPRESENTED BY ROBB TYLER. WHEREAS, the subdivider in Case SD-2-13 proposes to subdivide Pinal County Assessor Parcel Numbers 103-20-005 , 103- 20-006, 103-20-015 and 103-20-017 , approximately 20 gross acres (collectively, the "property" ) , into 120 residential lots for single-family homes, pursuant to Arizona Revised Statutes ( "A.R.S. " ) Title 9, Chapter 4 , Article 6 .2, and pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-15-6, CR-3 Single-Family Residence Zone, Article 1-19, Planned Development Zoning District, and Chapter 2, Subdivision Regulations; and WHEREAS, parcel number 103-20-015 was previously rezoned and platted in 2006 for a subdivision to be called Vista Meadows, pursuant to Ordinance No. 1256 and Resolution No. 06- 42, but the final plat was never recorded and the subdivision was never built; and WHEREAS, approval of this resolution effectively rescinds the final subdivision plat for Vista Meadows, formerly approved by Resolution No. 06-42 and allows for said property to be redesigned and integrated into the subdivision plat for the proposed Bel Agave Subdivision; and WHEREAS, on June 25 , 2013 , the Planning and Zoning Commis- sion held a public hearing regarding the preliminary plat for Case SD-2-13 and recommended approval of Case SD-2-13 by a vote of 3-1, with conditions; and WHEREAS, on August 6, 2013, the Mayor and City Council of the City of Apache Junction approved Ordinance No. 1393 , which approved a new rezoning and Planned Development Plan for the Conventional Single-family Homes by Planned Development ( "CR- 3/PD" ) zoned property; and WHEREAS, the Council finds this preliminary subdivision plat to be in compliance with the Apache Junction City Code, RESOLUTION NO. 13-31 PAGE 1 OF 4 Volume II, Land Development Code, Chapter 1, Zoning Ordinance and Chapter 2, Subdivision Regulations, and Ordinance No. 1393 , which approved the rezoning and the Planned Development concept plan for the property; and WHEREAS, the property proposed to be developed with the Bel Agave Subdivision is legally described as follows : Parcel No. 1: The North half of the Southwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-017) ; and Parcel No. 2 : The East half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-005) ; and Parcel No. 3 : The West half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 27 , Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No_ 103-20-006) ; and Parcel No. 4 : The North half of the Southeast quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-015) . NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that: The preliminary subdivision plat for "Bel Agave" Subdivision, Case SD-2-13, is approved subject to the following conditions: 1) All conditions of approval for the CR-3/PD-zoned property as approved pursuant to planned development rezoning case PZ-3-13 shall govern the design and subsequent improvements of the Final Subdivision Plat. RESOLUTION NO. 13-31 PAGE 2 OF 4 2) Within one year of Preliminary Subdivision Plat approval, the developers shall submit for formal review, the Final Subdivision Plat and improvement plans for the proposed subdivision. 3) Street improvements along S. Tomahawk and S . Wickiup Roads, including but not limited to, the extension of pavement and the provision of sidewalks, curbs, gutters, streetlights, fire hydrants, landscaping, etc. , shall be designed and constructed according to the City of Apache Junction Engineering Guidelines . Additional off-site improvements along the property' s East 18`h and East 19th Avenue frontages shall also be provided subject to the City Engineer' s determination at the time of final subdivision plat and improvement plans submittal . 4) The Conditions, Covenants and Restrictions ( "CCRs" ) for Bel Agave shall also include provisions to address the following: prohibition on owners using garages for personal storage to the extent that two normal passenger vehicles cannot be accommodated in them at all times; establishing a uniform system for garbage pick-up and mail-delivery; specifying that the home owners association ( "HOA" ) is responsible for the maintenance and upkeep of the internal private streets, the common areas and the fencing and landscape improvements both internal and along the outside perimeter of the subdivision; and a prohibition on the use of fireworks in the subdivision. 5) The property owners shall disclose to all prospective buyers, prior to sale, that there are neighboring horse properties in the immediate area. 6) The developer shall work with and coordinate separately with all known utility companies which serve Apache Junction, to extinguish the 33' and 66, wide utility easements/federal patented easements which conflict with the design of the proposed subdivision, prior to or upon final plat approval . The City shall extinguish its rights to said easements for roadway purposes upon approval of the final subdivision plat or by separate instrument. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 6TH DAY OF "<"•GUST 2013 . RESOLUTION NO. 13-31 PAGE 3 OF 4 SIGNED AND ATTESTED TO THIS _6TH DAY OF A{ R1IcT 2013 . J S. INS O ayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: ,�O 729). ) 3 RICHARD J. STERN City Attorney RESOLUTION NO. 13-31 PAGE 4 OF 4 RESOLUTION NO. 14-07 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A FINAL SUBDIVISION PLAT FOR "BEL AGAVE SUBDIVISION" , IN CASE SD-2-13 , BY ACER HOMES LLC, REPRESENTED BY ROBB TYLER. WHEREAS, the subdivider in Case SD-2-13 proposes to plat a subdivision for 101 detached single-family homes under the name "Bel Agave" , pursuant to Arizona Revised Statutes ( "A.R. S . " ) Title 9, Chapter 4 , Article 6 . 2, and pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-15-6 CR-3 Single-Family Residence Zone, Article 1-19 Planned Development Zoning District, and Chapter 2, Subdivision Regulations; and, WHEREAS, the property is legally described as follows : Parcel No. 1 : The North half of the Southwest quarter of the Northwest quarter of the Southwest quarter of Section 27 , Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-017) ; and Parcel No. 2 : The East half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No . 103-20-005) ; and Parcel No. 3 : The West half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-006) ; and Parcel No . 4 : The North half of the Southeast quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-015) ; and RESOLUTION NO. 14-07 PAGE 1 OF 3 WHEREAS, on August 6 , 2013 , the Mayor and City Council of the City of Apache Junction approved Planned Development rezoning case PZ-3-13 , Ordinance No. 1393 , approving the CR-3/PD zoning and planned development concept plan for the 20-gross- acres property, upon a recommendation for approval with conditions from the Planning and Zoning Commission; and WHEREAS, on October August 6, 2013 , the Mayor and City Council of the City of Apache Junction approved the proposed preliminary plat request for the platting of the proposed "Bel Agave Subdivision" , case SD-2-13 , Resolution No. 13-31, upon a recommendation for approval with conditions from the Planning and Zoning Commission; and WHEREAS, this City Council now finds the final subdivision plat for "Bel Agave" to be in substantial compliance with A.R. S . Title 9, Chapter 4, Article 6 . 2 , and pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-15-6 CR-3 Single-Family Residence Zone, Article 1-19 Planned Development Zoning District, Chapter 2, Subdivision Regulations, and Ordinance No. 1393 . NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that : The final subdivision plat for "Bel Agave" is hereby approved, subject to the following conditions : 1) The final plat map shall not be recorded until the developer submits the following items to the city' s Public works Engineering and Development Services Departments : a) Subdivision improvement plans drawings incorporating all requested revisions; and b) Subdivision final plat mylar drawings incorporating all requested revisions; and c) Construction bond for the developer' s portion of the adjacent right-of-way improvements ; and d) Relinquishment documents for federal patented easements (roads and utilities) no longer needed; e) Drainage and Retention Agreement, signed by the property owner; and f) Copy of Approvals to Construct Potable Water and Sewer from the Arizona Department of Environmental Quality. RESOLUTION NO. 14-07 PAGE 2 OF 3 2) Upon compliance with Condition 1 above, Staff is directed pursuant to A.R. S . Section 9-463 . 01 (J) to record the final plat with the Pinal County Recorder and to collect the final plat recording fee from the subdivider and remit such amount to the Pinal County Recorder. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2014 . SIGNED AND ATTESTED TO THIS DAY OF , 2014 . JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-07 PAGE 3 of 3 P7m - 2 - 14 PLNNNED DEVELOPMENT MA,,JOR AMMuDMFKT ReQUZ57 TO ALLOW BL. A&AVF- -To Be MVELOPF-D As A 55+ CAMMUR" Wr -H SINGLE —5TaFY HOME, 1 - T7� - •' o {a I l� f � 4 �`S� 1 A G- I PD • f 0 `� 7D 7E 7C 7F C.YR GR CyR G_Z lLb lift; 18th7 — AVE `�cO Q 17 15 c - S c — �. t4 Rj j w CR-?Mviss, J� 4 +� �so•s Q 260' ' 132' I 19V I ISO SUBJECT SITE RSSIDWJMAL ZORF-5 : GR.) 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T juala�ojanaQ xaav IF tvQ 7 104 111r431d >3uaalt3o ,wau #3104 +r ilY i1((1 i �� 4e � �� jqi y ��i liilol �'��if( i ? � I - kLy: k I ' z # t + + I t I LoVI r I � L I k ■ i ® I iU I U1 � I • rcr-1 � + ss r Kauffman 900 i .••wif,Aps6efimcoon, Homes Siles • •. :0 i0 a 00 T H E A L E N C I A I,305 square feet,3 bedrooms,Z bathrooms ELEVATION A W } T-� 1-1 FVATInN n ELEVATION e ELEVanoN c ELEVATION L Kauffman 900 W Broadway,ApachcJunction,AZ 85120 Sales Oflicc(480)98Z-4I00 1=f Homes KaufFinanHbmcs.com ORDINANCE NO. 1404 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT, CASE PZ-2-14 , FOR A 20 GROSS ACRES, RS-5/PD (MEDIUM/HIGH DENSITY SINGLE- FAMILY DETACHED RESIDENTIAL BY PLANNED DEVELOPMENT) - ZONED SUBDIVISION KNOWN AS "BEL AGAVE" , APPROVED BY ORDINANCE NO. 1393 AND LOCATED AT THE SOUTHEAST CORNER AREA OF E. 16TH AVENUE AND S. TOMAHAWK ROAD, BY AMENDING THE DEVELOPMENT PLAN FOR THE PROPERTY, ALLOW- ING BEL AGAVE TO BE DEVELOPED AS A 55-PLUS AGE- RESTRICTED COMMUNITY WITH SINGLE-STORY HOMES AND A COMMUNITY GARDEN, AMONG OTHER AMENITIES; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the subject property consists of four (4) separate but adjacent 5-gross-acre parcels, of which Pinal County Parcel Nos . 103-20-005, 103-20-006 and 103-20-017 have never been developed, and of which Parcel No. 103-20-015 was previously rezoned and platted (but not recorded) in 2006 for the Vista Meadows Subdivision, but was never developed; and WHEREAS, on August 6, 2013 , Ordinance No. 1393 was passed and adopted by the Mayor and City Council, approving a rezoning and a planned development plan for the proposed Bel Agave Subdivision on the above mentioned parcels; a one and two-story single-family homes subdivision with private streets and private amenity areas; and WHEREAS, on August 6, 2013 , Resolution No. 13-31 was passed and adopted by the Mayor and City Council, approving a prelim- inary plat for the proposed Bel Agave Subdivision; and WHEREAS, on March 4 , 2014 , Resolution No. 14-07 was passed and adopted by the Mayor and City Council, approving the final subdivision plat for Bel Agave; and WHEREAS, the final plat for Bel Agave has yet to be recorded, pending submittal and/or execution of all of the items required in Condition #1 of Resolution No. 14-07 ; and ORDINANCE NO. 1404 PAGE 1 OF 7 WHEREAS, the new majority owner of the Bel Agave property has requested, through case PZ-2-14 , a planned development major amendment for Bel Agave, requesting to develop the subdivision as a 55-plus age-restricted community, with all single-story homes and a community garden, along with all previously approved features and amenity areas; and WHEREAS, on May 27, 2014 , the Apache Junction Planning and Zoning Commission voted 7-0 to recommend approval of the planned development major amendment case PZ-2-14 , amending conditions of approval numbers 4 , 6, 7 and 9 of Ordinance No. 1393 in order to accommodate the request, as described herein and in the staff report dated May 27 , 2014 ; and WHEREAS, on June 5, 2014 , the city' s new zoning ordinance and zoning district maps became effective, renaming the zoning district of the property from 11CR-3/PD" (Conventional Single- family Homes by Planned Development) to "RS-5/PD" (Medium/High Density Single-family Detached Residential by Planned Develop- ment) , but otherwise still observing all of the planned development conditions prescribed by Ordinance No. 1393 ; and WHEREAS, the City Council hereby determines that the proposed planned development major amendment conforms to the general regulations as specified in Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-5 Zoning and Bulk Use Regulations, Sections 1-5-1, Table 5-1 Residential Use Regulations and 1-5-2 , Table 5-2 Residential Bulk Regulations (except as otherwise conditioned herein) , and Section 1-4-3 Planned Development District . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL That a planned development major amendment, rewriting conditions of approval, numbers 4 , 6, 7 and 9 of Ordinance No. 1393 , for the parcels of land legally described as : ORDINANCE NO. 1404 PAGE 2 OF 7 Parcel No. 1 : The North half of the Southwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-017) ; and Parcel No. 2 : The East half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-005) ; and Parcel No. 3 : The West half of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-006) ; and Parcel No. 4 : The North half of the Southeast quarter of the Northwest quarter of the Southwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (Parcel No. 103-20-015) . be and hereby is approved, subject to the following conditions of approval, including changes to conditions 4 , 6, 7 and 9 : 1) Street improvements along the property' s S . Tomahawk Road and S. Wickiup Road frontages, such as extension of pavement and the provision of sidewalk, curb, gutter, streetlights, fire hydrants, landscaping, retention areas, etc . , normally required for CR-3-zoned subdivisions, shall be required as part of this planned development project, subject to approval by the City Engineer. Additional off-site improvements along the property' s E. 18th and 19th Avenue frontages shall also be provided subject to the City Engineer' s determination at the time of final subdivision plat and improvement plans submittal . The developer shall dedicate all necessary rights-of-way and cutoff corners as determined by the City Engineer. ORDINANCE NO. 1404 PAGE 3 OF 7 2) Xeriscape landscaping shall be provided throughout the development, internal and external to the site, in accordance with the city' s Landscaping and Screening Requirements, except as follows : A) A 10-foot deep landscape setback area shall be provided along Tomahawk Road (as measured from the edge of the ultimate right-of-way line) , wherein 25% of the required trees shall be 24" box and 25% of the required trees shall be 36" box; B) A 5-foot deep landscape setback area shall be provided along Wickiup Road (as measured from the edge of the ultimate right-of-way line) , wherein 50% of the required trees shall be 24" box; C) 5-foot deep landscape strips shall be provided along 18th and 19th Avenues, but plantings along these roadways shall only consist of shrubs, groundcovers and decomposed granite (sizes, numbers and densities to comply with the city' s Landscaping and Screening Requirements) . 3) 6-foot tall perimeter masonry walls shall enclose the proposed subdivision and decorative masonry walls shall be provided along the Tomahawk and Wickiup Road frontages, the design of which is subject to staff approval as part of the final landscape plans . The use of wrought iron view fencing along segments of this perimeter fencing is encouraged at the main entrance on Tomahawk, at the southwest and northeast corners (retention and wash entry areas) , and at other retention or open space areas for the purpose of featuring and highlighting the landscape elements and open spaces and providing a more open feel to the subdivision. 4) The developers of Bel Agave shall provide a clubhouse, swimming pool, community garden area, barbeque and playground amenity areas, and pedestrian walking paths along the natural corridors . The barbeque and playground areas in particular shall be shaded for the mitigation of summer heat by drought-tolerant, low-water using trees . A complement of either 24" box Ironwoods or ORDINANCE NO. 1404 PAGE 4 OF 7 24" box Rio Salado Mesquites shall be used in these amenity areas, with the Ironwood representing the first choice as it is slow growing, and the Mesquite as a secondary option as it is resistant to high winds and is a good shade tree . Play stations and usable open space shall be provided in compliance with the city' s Parks and Recreation standards for HOA maintained areas . 5) Lots adjacent to drainage channels, retention basins or washes shall have fences separating them from these features for safety purposes; access gates may be provided to pedestrian walking paths . 6) The proposed homes shall include southwestern architectural features as illustrated in the City' s Design Guidelines and in the elevations submitted with case PZ-2-14 , and shall offer ground mounted air conditioning units and architectural treatments on all four sides of the buildings so as to preclude flat or blank facades, including pop-outs and roofline and color variations to add visual interest . 7) The developers shall offer at least 6 single-story model types, ranging in size from 1200 square feet to over 2000 square feet, with 3 elevation options each. Two- car enclosed garages and front yard landscape packages shall be provided for each home . 8) All applicable permits shall be applied for and plans shall be designed to current City codes prior to any lot grading or construction on the lots . Inclusively, all applicable development fees shall be paid at the time of permits issuance on a per-building basis . 9) The preliminary and final plats shall reflect substantial compliance and consistency with the Planned Development concepts presented with case PZ-3-13 and PZ- 2-14 , incorporated by reference herein, and as otherwise specified through these conditions of approval, to include general layout, setbacks (10 ' front/18 ' to ORDINANCE NO. 1404 PAGE 5 OF 7 garage, 10' rear, 5' interior sides, 10, street side) , public and private rights-of-ways, easements and tracts, amenities, perimeter and interior lot separation walls, model types, landscaping and other improvements . 10) The rear yard patios shall be covered, shall meet setback requirements for the homes and shall at no time hereafter be enclosed. 11) All common areas, amenity areas, and tracts within and immediately adjacent to the proposed development, including perimeter walls and fences, and interior and exterior common area landscaping, shall be owned and maintained in good condition at all times by the owners or homeowners association of the proposed subdivision. 12) All-weather surface access drives for fire apparatus and other emergency providers shall be provided during construction of the development; and all construction vehicles and equipment shall be kept on the subject property. SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, sub-section, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconsti- tutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2014 . SIGNED AND ATTESTED TO THIS DAY OF /`�L. 2014 . ORDINANCE NO. 1404 PAGE 6 OF 7 } J ;' JO N INSALA ' ayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 4- - ---- Co - 1 �- RICHARD JOEL STERN City Attorney ORDINANCE NO. 1404 PAGE 7 OF 7 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 12. Piz File ID: 14-350 Sponsor: Bryant Powell Agenda Date: 7/1/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, July 14, 2014 are canceled. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 13. Piz File ID: 14-325 Sponsor: Bryant Powell Agenda Date: 7/1/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, August 4, 2014. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 14. Piz File ID: 14-351 Sponsor: Bryant Powell Agenda Date: 7/1/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. and regular Council Meeting at 7:00 P.M. for Tuesday, July 15, 2014 are canceled. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 15. Piz File ID: 14-326 Sponsor: Bryant Powell Agenda Date: 7/1/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. for Tuesday, August 5, 2014. Other meetings if necessary. City of Apache Junction,Arizona Page 1 Printed on 611512026